Florida Senate - 2023 SB 102 By Senator Calatayud 38-00148L-23 2023102__ 1 A bill to be entitled 2 An act relating to housing; providing a short title; 3 amending s. 125.0103, F.S.; deleting the authority of 4 local governments to adopt or maintain laws, 5 ordinances, rules, or other measures that would have 6 the effect of imposing controls on rents; amending s. 7 125.01055, F.S.; revising applicability for areas of 8 critical state concern; specifying requirements for, 9 and restrictions on, counties in approving 10 applications for certain housing developments; 11 providing for future expiration; amending s. 125.379, 12 F.S.; revising the date by which counties must prepare 13 inventory lists of real property; requiring counties 14 to make the inventory lists publicly available on 15 their websites; authorizing counties to use certain 16 properties for affordable housing through a long-term 17 land lease; revising requirements for counties 18 relating to inventory lists of certain property for 19 affordable housing; providing that counties are 20 encouraged to adopt best practices for surplus land 21 programs; amending s. 166.04151, F.S.; revising 22 applicability for areas of critical state concern; 23 specifying requirements for, and restrictions on, 24 municipalities in approving applications for certain 25 housing developments; providing for future expiration; 26 amending s. 166.043, F.S.; deleting the authority of 27 local governments to adopt or maintain laws, 28 ordinances, rules, or other measures that would have 29 the effect of imposing controls on rents; amending s. 30 166.0451, F.S.; revising the date by which 31 municipalities must prepare inventory lists of real 32 property; requiring municipalities to make the 33 inventory lists publicly available on their websites; 34 authorizing municipalities to use certain properties 35 for affordable housing through a long-term land lease; 36 revising requirements for municipalities relating to 37 inventory lists of certain property for affordable 38 housing; providing that municipalities are encouraged 39 to adopt best practices for surplus land programs; 40 amending s. 196.1978, F.S.; providing an exemption 41 from ad valorem taxation for land that meets certain 42 criteria; providing applicability; providing for 43 future repeal; defining terms; providing an ad valorem 44 tax exemption for portions of property in a 45 multifamily project if certain conditions are met; 46 providing that vacant units may be eligible for the 47 exemption under certain circumstances; specifying 48 percentages of the exemption for qualified properties; 49 specifying requirements for applying for the exemption 50 with the property appraiser; specifying requirements 51 for requesting certification from the Florida Housing 52 Finance Corporation; specifying requirements for the 53 corporation in reviewing requests, certifying 54 property, and posting deadlines for applications; 55 specifying requirements for property appraisers in 56 reviewing and granting exemptions and for improperly 57 granted exemptions; providing a penalty; providing 58 limitations on eligibility; specifying requirements 59 for a rental market study; authorizing the corporation 60 to adopt rules; providing applicability; providing for 61 future repeal; creating s. 196.1979, F.S.; authorizing 62 local governments to adopt ordinances to provide an ad 63 valorem tax exemption for portions of property used to 64 provide affordable housing meeting certain 65 requirements; specifying requirements and limitations 66 for the exemption; providing that vacant units may be 67 eligible for the exemption under certain 68 circumstances; specifying requirements for ordinances 69 granting an exemption; specifying requirements for a 70 rental market study; providing that ordinances must 71 expire within a certain timeframe; providing 72 requirements for boards of county commissioners and 73 governing bodies of municipalities; requiring the 74 property appraiser to take certain action in response 75 to an improperly granted exemption; providing a 76 penalty; providing applicability; amending s. 201.15, 77 F.S.; suspending, for a specified period, the General 78 Revenue Fund service charge on documentary stamp tax 79 collections; providing for specified amounts of such 80 collections to be credited to the State Housing Trust 81 Fund for certain purposes; prohibiting the transfer of 82 such funds to the General Revenue Fund in the General 83 Appropriations Act; providing for certain amounts to 84 be credited to the General Revenue Fund under certain 85 circumstances; providing for the future expiration and 86 reversion of specified statutory text; amending s. 87 212.08, F.S.; revising the total amount of community 88 contribution tax credits which may be granted for 89 certain projects; defining terms; providing a sales 90 tax exemption for building materials used in the 91 construction of affordable housing units; specifying 92 eligibility requirements; specifying requirements for 93 applying for a sales tax refund with the Department of 94 Revenue; specifying requirements for and limitations 95 on refunds; providing requirements for the department 96 in issuing refunds; authorizing the department to 97 adopt rules; providing applicability; creating s. 98 215.212, F.S.; prohibiting the deduction of the 99 General Revenue Fund service charge on documentary 100 stamp tax proceeds; providing for future repeal; 101 amending s. 215.22, F.S.; conforming a provision to 102 changes made by the act; providing for the future 103 expiration and reversion of specified statutory text; 104 amending s. 220.02, F.S.; specifying the order of 105 application of Live Local Program tax credits against 106 the state corporate income tax; amending s. 220.13, 107 F.S.; specifying requirements for the addition to 108 adjusted federal income of amounts taken as a credit 109 under the Live Local Program; amending s. 220.183, 110 F.S.; conforming a provision to changes made by the 111 act; amending s. 220.186, F.S.; providing 112 applicability of Live Local Program tax credits to the 113 Florida alternative minimum tax credit; creating s. 114 220.1878, F.S.; providing a credit against the state 115 corporate income tax under the Live Local Program; 116 specifying requirements and procedures for making 117 eligible contributions and claiming the credit; 118 amending s. 253.034, F.S.; modifying requirements for 119 the analysis included in land use plans; making 120 technical changes; amending s. 253.0341, F.S.; 121 requiring that local government requests for the state 122 to surplus conservation or nonconservation lands for 123 any means of transfer be expedited throughout the 124 surplusing process; amending s. 288.101, F.S.; 125 authorizing the Governor, under the Florida Job Growth 126 Grant Fund, to approve state or local public 127 infrastructure projects to facilitate the development 128 or construction of affordable housing; providing for 129 future repeal; amending s. 420.0003, F.S.; revising 130 legislative intent for, and policies of, the state 131 housing strategy; revising requirements for the 132 implementation of the strategy; revising duties of the 133 Shimberg Center for Housing Studies at the University 134 of Florida; requiring the Office of Program Policy 135 Analysis and Government Accountability to evaluate 136 specified strategies, policies, and programs at 137 specified intervals; specifying requirements for the 138 offices analyses; authorizing rule amendments; 139 amending s. 420.503, F.S.; revising the definition of 140 the term qualified contract for purposes of the 141 Florida Housing Finance Corporation Act; amending s. 142 420.504, F.S.; revising the composition of the 143 corporations board of directors; providing 144 specifications for filling vacancies on the board of 145 directors; amending s. 420.507, F.S.; specifying a 146 requirement for the corporations annual budget 147 request to the Secretary of Economic Opportunity; 148 providing for the future expiration and reversion of 149 specified statutory text; amending s. 420.5087, F.S.; 150 revising prioritization of funds for the State 151 Apartment Incentive Loan Program; creating s. 152 420.50871, F.S.; specifying requirements for, and 153 authorized actions by, the corporation in allocating 154 certain increased revenues during specified fiscal 155 years to finance certain housing projects; providing 156 construction; providing for future repeal; providing a 157 directive to the Division of Law Revision; creating s. 158 420.50872, F.S.; defining terms; creating the Live 159 Local Program; specifying responsibilities of the 160 corporation; specifying the annual tax credit cap; 161 specifying requirements for applying for tax credits 162 with the department; providing requirements for the 163 carryforward of credits; specifying restrictions on, 164 and requirements for, the conveyance, transfer, or 165 assignment of credits; providing requirements and 166 procedures for the rescindment of credits; specifying 167 procedures for calculating underpayments and 168 penalties; providing construction; authorizing the 169 department and the corporation to develop a 170 cooperative agreement and share certain information; 171 authorizing the department to adopt rules; requiring 172 the department to annually notify certain taxpayers of 173 certain information; creating s. 420.5096, F.S.; 174 providing legislative findings; creating the Florida 175 Hometown Hero Program for a specified purpose; 176 authorizing the corporation to underwrite and make 177 certain mortgage loans; specifying terms for such 178 loans and requirements for borrowers; authorizing 179 loans made under the program to be used for the 180 purchase of certain manufactured homes; providing 181 construction; amending s. 420.531, F.S.; authorizing 182 the Florida Housing Corporation to contract with 183 certain entities to provide technical assistance to 184 local governments in establishing selection criteria 185 for proposals to use certain property for affordable 186 housing purposes; amending s. 420.6075, F.S.; making 187 technical changes; amending s. 553.792, F.S.; 188 requiring local governments to maintain on their 189 websites a policy relating to the expedited processing 190 of certain building permits and development orders; 191 amending s. 624.509, F.S.; specifying the order of 192 application of Live Local Program tax credits against 193 the insurance premium tax; amending s. 624.5105, F.S.; 194 conforming a provision to changes made by the act; 195 creating s. 624.51058, F.S.; providing a credit 196 against the insurance premium tax under the Live Local 197 Program; providing a requirement for making eligible 198 contributions; providing construction; providing 199 applicability; authorizing the department to adopt 200 emergency rules; providing for future expiration of 201 such rulemaking authority; providing appropriations; 202 providing a declaration of important state interest; 203 providing effective dates. 204 205 Be It Enacted by the Legislature of the State of Florida: 206 207 Section 1.This act may be cited as the Live Local Act. 208 Section 2.Section 125.0103, Florida Statutes, is amended 209 to read: 210 125.0103Ordinances and rules imposing price controls; 211 findings required; procedures. 212 (1)(a)Except as hereinafter provided, no county, 213 municipality, or other entity of local government shall adopt or 214 maintain in effect an ordinance or a rule which has the effect 215 of imposing price controls upon a lawful business activity which 216 is not franchised by, owned by, or under contract with, the 217 governmental agency, unless specifically provided by general 218 law. 219 (b)This section does not prevent the enactment by local 220 governments of public service rates otherwise authorized by law, 221 including water, sewer, solid waste, public transportation, 222 taxicab, or port rates, rates for towing of vehicles or vessels 223 from or immobilization of vehicles or vessels on private 224 property, or rates for removal and storage of wrecked or 225 disabled vehicles or vessels from an accident scene or the 226 removal and storage of vehicles or vessels in the event the 227 owner or operator is incapacitated, unavailable, leaves the 228 procurement of wrecker service to the law enforcement officer at 229 the scene, or otherwise does not consent to the removal of the 230 vehicle or vessel. 231 (c)Counties must establish maximum rates which may be 232 charged on the towing of vehicles or vessels from or 233 immobilization of vehicles or vessels on private property, 234 removal and storage of wrecked or disabled vehicles or vessels 235 from an accident scene or for the removal and storage of 236 vehicles or vessels, in the event the owner or operator is 237 incapacitated, unavailable, leaves the procurement of wrecker 238 service to the law enforcement officer at the scene, or 239 otherwise does not consent to the removal of the vehicle or 240 vessel. However, if a municipality chooses to enact an ordinance 241 establishing the maximum rates for the towing or immobilization 242 of vehicles or vessels as described in paragraph (b), the 243 countys ordinance shall not apply within such municipality. 244 (2)No law, ordinance, rule, or other measure which would 245 have the effect of imposing controls on rents shall be adopted 246 or maintained in effect except as provided herein and unless it 247 is found and determined, as hereinafter provided, that such 248 controls are necessary and proper to eliminate an existing 249 housing emergency which is so grave as to constitute a serious 250 menace to the general public. 251 (3)Any law, ordinance, rule, or other measure which has 252 the effect of imposing controls on rents shall terminate and 253 expire within 1 year and shall not be extended or renewed except 254 by the adoption of a new measure meeting all the requirements of 255 this section. 256 (4)Notwithstanding any other provisions of this section, 257 no controls shall be imposed on rents for any accommodation used 258 or offered for residential purposes as a seasonal or tourist 259 unit, as a second housing unit, or on rents for dwelling units 260 located in luxury apartment buildings. For the purposes of this 261 section, a luxury apartment building is one wherein on January 262 1, 1977, the aggregate rent due on a monthly basis from all 263 dwelling units as stated in leases or rent lists existing on 264 that date divided by the number of dwelling units exceeds $250. 265 (5)A No municipality, county, or other entity of local 266 government may not shall adopt or maintain in effect any law, 267 ordinance, rule, or other measure that which would have the 268 effect of imposing controls on rents unless: 269 (a)Such measure is duly adopted by the governing body of 270 such entity of local government, after notice and public 271 hearing, in accordance with all applicable provisions of the 272 Florida and United States Constitutions, the charter or charters 273 governing such entity of local government, this section, and any 274 other applicable laws. 275 (b)Such governing body makes and recites in such measure 276 its findings establishing the existence in fact of a housing 277 emergency so grave as to constitute a serious menace to the 278 general public and that such controls are necessary and proper 279 to eliminate such grave housing emergency. 280 (c)Such measure is approved by the voters in such 281 municipality, county, or other entity of local government. 282 (6)In any court action brought to challenge the validity 283 of rent control imposed pursuant to the provisions of this 284 section, the evidentiary effect of any findings or recitations 285 required by subsection (5) shall be limited to imposing upon any 286 party challenging the validity of such measure the burden of 287 going forward with the evidence, and the burden of proof (that 288 is, the risk of nonpersuasion) shall rest upon any party seeking 289 to have the measure upheld. 290 (3)(7)Notwithstanding any other provisions of this 291 section, municipalities, counties, or other entities of local 292 government may adopt and maintain in effect any law, ordinance, 293 rule, or other measure which is adopted for the purposes of 294 increasing the supply of affordable housing using land use 295 mechanisms such as inclusionary housing ordinances. 296 Section 3.Subsections (5) and (6) of section 125.01055, 297 Florida Statutes, are amended, and subsection (7) is added to 298 that section, to read: 299 125.01055Affordable housing. 300 (5)Subsection (4) (2) does not apply in an area of 301 critical state concern, as designated in s. 380.0552. 302 (6)Notwithstanding any other law or local ordinance or 303 regulation to the contrary, the board of county commissioners 304 may approve the development of housing that is affordable, as 305 defined in s. 420.0004, including, but not limited to, a mixed 306 use residential development, on any parcel zoned for 307 residential, commercial, or industrial use. If a parcel is zoned 308 for commercial or industrial use, an approval pursuant to this 309 subsection may include any residential development project, 310 including a mixed-use residential development project, so long 311 as at least 10 percent of the units included in the project are 312 for housing that is affordable and the developer of the project 313 agrees not to apply for or receive funding under s. 420.5087. 314 The provisions of this subsection are self-executing and do not 315 require the board of county commissioners to adopt an ordinance 316 or a regulation before using the approval process in this 317 subsection. 318 (7)(a)A county must authorize multifamily and mixed-use 319 residential as allowable uses in any area zoned for commercial 320 or mixed use if at least 40 percent of the residential units in 321 a proposed multifamily rental development are, for a period of 322 at least 30 years, affordable as defined in s. 420.0004. 323 Notwithstanding any other law, local ordinance, or regulation to 324 the contrary, an application for such development may not 325 require a zoning or land use change or a comprehensive plan 326 amendment. For mixed-use residential projects, at least 65 327 percent of the total square footage must be used for residential 328 purposes. 329 (b)A county may not restrict the density of a proposed 330 development authorized under this subsection below the highest 331 allowed density on any unincorporated land in the county where 332 residential development is allowed. 333 (c)A county may not restrict the height of a proposed 334 development authorized under this subsection below the highest 335 currently allowed height for a commercial or residential 336 development located in its jurisdiction within 1 mile of the 337 proposed development or 3 stories, whichever is higher. 338 (d)An application for a proposed development authorized 339 under this subsection must be administratively approved and may 340 not require further action by the board of county commissioners 341 if the development satisfies the countys land development 342 regulations for multifamily developments in areas zoned for such 343 use, which include, but are not limited to, regulations relating 344 to setbacks and parking requirements. 345 (e)A county must consider reducing parking requirements 346 for a proposed development authorized under this subsection to 347 the greatest extent possible if the development is located 348 within one-half mile of a major transit stop and the major 349 transit stop is accessible from the development. 350 (f)Except as otherwise provided in this section, a 351 development authorized under this subsection must comply with 352 all applicable state and local laws and regulations. 353 (g)This subsection expires October 1, 2033. 354 Section 4.Section 125.379, Florida Statutes, is amended to 355 read: 356 125.379Disposition of county property for affordable 357 housing. 358 (1)By October 1, 2023 July 1, 2007, and every 3 years 359 thereafter, each county shall prepare an inventory list of all 360 real property within its jurisdiction to which the county or any 361 dependent special district within its boundaries holds fee 362 simple title which that is appropriate for use as affordable 363 housing. The inventory list must include the address and legal 364 description of each such real property and specify whether the 365 property is vacant or improved. The governing body of the county 366 must review the inventory list at a public hearing and may 367 revise it at the conclusion of the public hearing. The governing 368 body of the county shall adopt a resolution that includes an 369 inventory list of such property following the public hearing. 370 Each county shall make the inventory list publicly available on 371 its website to encourage potential development. 372 (2)The properties identified as appropriate for use as 373 affordable housing on the inventory list adopted by the county 374 may be used for affordable housing through a long-term land 375 lease requiring the development and maintenance of affordable 376 housing, offered for sale and the proceeds used to purchase land 377 for the development of affordable housing or to increase the 378 local government fund earmarked for affordable housing, or may 379 be sold with a restriction that requires the development of the 380 property as permanent affordable housing, or may be donated to a 381 nonprofit housing organization for the construction of permanent 382 affordable housing. Alternatively, the county or special 383 district may otherwise make the property available for use for 384 the production and preservation of permanent affordable housing. 385 For purposes of this section, the term affordable has the same 386 meaning as in s. 420.0004(3). 387 (3)Counties are encouraged to adopt best practices for 388 surplus land programs, including, but not limited to: 389 (a)Establishing eligibility criteria for the receipt or 390 purchase of surplus land by developers; 391 (b)Making the process for requesting surplus lands 392 publicly available; and 393 (c)Ensuring long-term affordability through ground leases 394 by retaining the right of first refusal to purchase property 395 that would be sold or offered at market rate and by requiring 396 reversion of property not used for affordable housing within a 397 certain timeframe. 398 Section 5.Subsections (5) and (6) of section 166.04151, 399 Florida Statutes, are amended, and subsection (7) is added to 400 that section, to read: 401 166.04151Affordable housing. 402 (5)Subsection (4) (2) does not apply in an area of 403 critical state concern, as designated by s. 380.0552 or chapter 404 28-36, Florida Administrative Code. 405 (6)Notwithstanding any other law or local ordinance or 406 regulation to the contrary, the governing body of a municipality 407 may approve the development of housing that is affordable, as 408 defined in s. 420.0004, including, but not limited to, a mixed 409 use residential development, on any parcel zoned for 410 residential, commercial, or industrial use. If a parcel is zoned 411 for commercial or industrial use, an approval pursuant to this 412 subsection may include any residential development project, 413 including a mixed-use residential development project, so long 414 as at least 10 percent of the units included in the project are 415 for housing that is affordable and the developer of the project 416 agrees not to apply for or receive funding under s. 420.5087. 417 The provisions of this subsection are self-executing and do not 418 require the governing body to adopt an ordinance or a regulation 419 before using the approval process in this subsection. 420 (7)(a)A municipality must authorize multifamily and mixed 421 use residential as allowable uses in any area zoned for 422 commercial or mixed use if at least 40 percent of the 423 residential units in a proposed multifamily rental development 424 are, for a period of at least 30 years, affordable as defined in 425 s. 420.0004. Notwithstanding any other law, local ordinance, or 426 regulation to the contrary, an application for such development 427 may not require a zoning or land use change or a comprehensive 428 plan amendment. For mixed-use residential projects, at least 65 429 percent of the total square footage must be used for residential 430 purposes. 431 (b)A municipality may not restrict the density of a 432 proposed development authorized under this subsection below the 433 highest allowed density on any land in the municipality where 434 residential development is allowed. 435 (c)A municipality may not restrict the height of a 436 proposed development authorized under this subsection below the 437 highest currently allowed height for a commercial or residential 438 development located in its jurisdiction within 1 mile of the 439 proposed development or 3 stories, whichever is higher. 440 (d)An application for a proposed development authorized 441 under this subsection must be administratively approved and may 442 not require further action by the governing body of the 443 municipality if the development satisfies the municipalitys 444 land development regulations for multifamily developments in 445 areas zoned for such use, which include, but are not limited to, 446 regulations relating to setbacks and parking requirements. 447 (e)A municipality must consider reducing parking 448 requirements for a proposed development authorized under this 449 subsection to the greatest extent possible if the development is 450 located within one-half mile of a major transit stop and the 451 major transit stop is accessible from the development. 452 (f)Except as otherwise provided in this section, a 453 development authorized under this subsection must comply with 454 all applicable state and local laws and regulations. 455 (g)This subsection expires October 1, 2033. 456 Section 6.Section 166.043, Florida Statutes, is amended to 457 read: 458 166.043Ordinances and rules imposing price controls; 459 findings required; procedures. 460 (1)(a)Except as hereinafter provided, no county, 461 municipality, or other entity of local government shall adopt or 462 maintain in effect an ordinance or a rule which has the effect 463 of imposing price controls upon a lawful business activity which 464 is not franchised by, owned by, or under contract with, the 465 governmental agency, unless specifically provided by general 466 law. 467 (b)This section does not prevent the enactment by local 468 governments of public service rates otherwise authorized by law, 469 including water, sewer, solid waste, public transportation, 470 taxicab, or port rates, rates for towing of vehicles or vessels 471 from or immobilization of vehicles or vessels on private 472 property, or rates for removal and storage of wrecked or 473 disabled vehicles or vessels from an accident scene or the 474 removal and storage of vehicles or vessels in the event the 475 owner or operator is incapacitated, unavailable, leaves the 476 procurement of wrecker service to the law enforcement officer at 477 the scene, or otherwise does not consent to the removal of the 478 vehicle or vessel. 479 (c)Counties must establish maximum rates which may be 480 charged on the towing of vehicles or vessels from or 481 immobilization of vehicles or vessels on private property, 482 removal and storage of wrecked or disabled vehicles or vessels 483 from an accident scene or for the removal and storage of 484 vehicles or vessels, in the event the owner or operator is 485 incapacitated, unavailable, leaves the procurement of wrecker 486 service to the law enforcement officer at the scene, or 487 otherwise does not consent to the removal of the vehicle or 488 vessel. However, if a municipality chooses to enact an ordinance 489 establishing the maximum rates for the towing or immobilization 490 of vehicles or vessels as described in paragraph (b), the 491 countys ordinance established under s. 125.0103 shall not apply 492 within such municipality. 493 (2)No law, ordinance, rule, or other measure which would 494 have the effect of imposing controls on rents shall be adopted 495 or maintained in effect except as provided herein and unless it 496 is found and determined, as hereinafter provided, that such 497 controls are necessary and proper to eliminate an existing 498 housing emergency which is so grave as to constitute a serious 499 menace to the general public. 500 (3)Any law, ordinance, rule, or other measure which has 501 the effect of imposing controls on rents shall terminate and 502 expire within 1 year and shall not be extended or renewed except 503 by the adoption of a new measure meeting all the requirements of 504 this section. 505 (4)Notwithstanding any other provisions of this section, 506 no controls shall be imposed on rents for any accommodation used 507 or offered for residential purposes as a seasonal or tourist 508 unit, as a second housing unit, or on rents for dwelling units 509 located in luxury apartment buildings. For the purposes of this 510 section, a luxury apartment building is one wherein on January 511 1, 1977, the aggregate rent due on a monthly basis from all 512 dwelling units as stated in leases or rent lists existing on 513 that date divided by the number of dwelling units exceeds $250. 514 (5)A No municipality, county, or other entity of local 515 government may not shall adopt or maintain in effect any law, 516 ordinance, rule, or other measure that which would have the 517 effect of imposing controls on rents unless: 518 (a)Such measure is duly adopted by the governing body of 519 such entity of local government, after notice and public 520 hearing, in accordance with all applicable provisions of the 521 Florida and United States Constitutions, the charter or charters 522 governing such entity of local government, this section, and any 523 other applicable laws. 524 (b)Such governing body makes and recites in such measure 525 its findings establishing the existence in fact of a housing 526 emergency so grave as to constitute a serious menace to the 527 general public and that such controls are necessary and proper 528 to eliminate such grave housing emergency. 529 (c)Such measure is approved by the voters in such 530 municipality, county, or other entity of local government. 531 (6)In any court action brought to challenge the validity 532 of rent control imposed pursuant to the provisions of this 533 section, the evidentiary effect of any findings or recitations 534 required by subsection (5) shall be limited to imposing upon any 535 party challenging the validity of such measure the burden of 536 going forward with the evidence, and the burden of proof (that 537 is, the risk of nonpersuasion) shall rest upon any party seeking 538 to have the measure upheld. 539 (3)(7)Notwithstanding any other provisions of this 540 section, municipalities, counties, or other entity of local 541 government may adopt and maintain in effect any law, ordinance, 542 rule, or other measure which is adopted for the purposes of 543 increasing the supply of affordable housing using land use 544 mechanisms such as inclusionary housing ordinances. 545 Section 7.Section 166.0451, Florida Statutes, is amended 546 to read: 547 166.0451Disposition of municipal property for affordable 548 housing. 549 (1)By October 1, 2023 July 1, 2007, and every 3 years 550 thereafter, each municipality shall prepare an inventory list of 551 all real property within its jurisdiction to which the 552 municipality or any dependent special district within its 553 boundaries holds fee simple title which that is appropriate for 554 use as affordable housing. The inventory list must include the 555 address and legal description of each such property and specify 556 whether the property is vacant or improved. The governing body 557 of the municipality must review the inventory list at a public 558 hearing and may revise it at the conclusion of the public 559 hearing. Following the public hearing, the governing body of the 560 municipality shall adopt a resolution that includes an inventory 561 list of such property. Each municipality shall make the 562 inventory list publicly available on its website to encourage 563 potential development. 564 (2)The properties identified as appropriate for use as 565 affordable housing on the inventory list adopted by the 566 municipality may be used for affordable housing through a long 567 term land lease requiring the development and maintenance of 568 affordable housing, offered for sale and the proceeds may be 569 used to purchase land for the development of affordable housing 570 or to increase the local government fund earmarked for 571 affordable housing, or may be sold with a restriction that 572 requires the development of the property as permanent affordable 573 housing, or may be donated to a nonprofit housing organization 574 for the construction of permanent affordable housing. 575 Alternatively, the municipality or special district may 576 otherwise make the property available for use for the production 577 and preservation of permanent affordable housing. For purposes 578 of this section, the term affordable has the same meaning as 579 in s. 420.0004(3). 580 (3)Municipalities are encouraged to adopt best practices 581 for surplus land programs, including, but not limited to: 582 (a)Establishing eligibility criteria for the receipt or 583 purchase of surplus land by developers; 584 (b)Making the process for requesting surplus lands 585 publicly available; and 586 (c)Ensuring long-term affordability through ground leases 587 by retaining the right of first refusal to purchase property 588 that would be sold or offered at market rate and by requiring 589 reversion of property not used for affordable housing within a 590 certain timeframe. 591 Section 8.Effective January 1, 2024, subsection (1) of 592 section 196.1978, Florida Statutes, is amended, and subsection 593 (3) is added to that section, to read: 594 196.1978Affordable housing property exemption. 595 (1)(a)Property used to provide affordable housing to 596 eligible persons as defined by s. 159.603 and natural persons or 597 families meeting the extremely-low-income, very-low-income, low 598 income, or moderate-income limits specified in s. 420.0004, 599 which is owned entirely by a nonprofit entity that is a 600 corporation not for profit, qualified as charitable under s. 601 501(c)(3) of the Internal Revenue Code and in compliance with 602 Rev. Proc. 96-32, 1996-1 C.B. 717, is considered property owned 603 by an exempt entity and used for a charitable purpose, and those 604 portions of the affordable housing property that provide housing 605 to natural persons or families classified as extremely low 606 income, very low income, low income, or moderate income under s. 607 420.0004 are exempt from ad valorem taxation to the extent 608 authorized under s. 196.196. All property identified in this 609 subsection must comply with the criteria provided under s. 610 196.195 for determining exempt status and applied by property 611 appraisers on an annual basis. The Legislature intends that any 612 property owned by a limited liability company which is 613 disregarded as an entity for federal income tax purposes 614 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) be treated 615 as owned by its sole member. If the sole member of the limited 616 liability company that owns the property is also a limited 617 liability company that is disregarded as an entity for federal 618 income tax purposes pursuant to Treasury Regulation 301.7701 619 3(b)(1)(ii), the Legislature intends that the property be 620 treated as owned by the sole member of the limited liability 621 company that owns the limited liability company that owns the 622 property. Units that are vacant and units that are occupied by 623 natural persons or families whose income no longer meets the 624 income limits of this subsection, but whose income met those 625 income limits at the time they became tenants, shall be treated 626 as portions of the affordable housing property exempt under this 627 subsection if a recorded land use restriction agreement in favor 628 of the Florida Housing Finance Corporation or any other 629 governmental or quasi-governmental jurisdiction requires that 630 all residential units within the property be used in a manner 631 that qualifies for the exemption under this subsection and if 632 the units are being offered for rent. 633 (b)Land that is owned entirely by a nonprofit entity that 634 is a corporation not for profit, qualified as charitable under 635 s. 501(c)(3) of the Internal Revenue Code and in compliance with 636 Rev. Proc. 96-32, 1996-1 C.B. 717, and is leased for a minimum 637 of 99 years for the purpose of, and is predominantly used for, 638 providing housing to natural persons or families meeting the 639 extremely-low-income, very-low-income, low-income, or moderate 640 income limits specified in s. 420.0004 is exempt from ad valorem 641 taxation. For purposes of this paragraph, land is predominantly 642 used for qualifying purposes if the square footage of the 643 improvements on the land used to provide qualifying housing is 644 greater than 50 percent of the square footage of all 645 improvements on the land. This paragraph first applies to the 646 2024 tax roll and is repealed December 31, 2059. 647 (3)(a)As used in this subsection, the term: 648 1.Affordable housing means housing for which monthly 649 rents, including taxes, insurance, and utilities, do not exceed 650 30 percent of: 651 a.One hundred twenty percent of the median annual adjusted 652 gross income for households within this state, within the 653 metropolitan statistical area, or, if not within a metropolitan 654 statistical area, within the county in which the person or 655 family resides, whichever is greater, if such housing houses 656 natural persons or families whose total annual adjusted gross 657 household income is greater than 80 percent but not more than 658 120 percent of such median annual adjusted gross household 659 income; or 660 b.Eighty percent of the median annual adjusted gross 661 income for households within this state, within the metropolitan 662 statistical area, or, if not within a metropolitan statistical 663 area, within the county in which the person or family resides, 664 whichever is greater, if such housing houses natural persons or 665 families whose total annual adjusted gross household income does 666 not exceed 80 percent of such median annual adjusted gross 667 household income. 668 2.Corporation means the Florida Housing Finance 669 Corporation. 670 3.Newly constructed means an improvement to real 671 property which was substantially completed within 5 years before 672 the date of an applicants first submission of a request for 673 certification or an application for an exemption pursuant to 674 this section, whichever is earlier. 675 4.Substantially completed has the same meaning as in s. 676 192.042(1). 677 (b)Notwithstanding ss. 196.195 and 196.196, portions of 678 property in a multifamily project are considered property used 679 for a charitable purpose and are eligible to receive an ad 680 valorem property tax exemption if such portions: 681 1.Provide affordable housing to natural persons or 682 families meeting the income limitations provided in subparagraph 683 (a)1.; 684 2.Are within a newly constructed multifamily project that 685 contains more than 70 units dedicated to housing natural persons 686 or families meeting the income limitations provided in 687 subparagraph (a)1.; and 688 3.Are rented for an amount that does not exceed the amount 689 as specified by the Fair Market Rents published by the United 690 States Department of Housing and Urban Development most recently 691 adopted by the corporation or 90 percent of the fair market 692 value rent as determined by a rental market study meeting the 693 requirements of paragraph (m), whichever is less. 694 (c)If a unit that in the previous year qualified for the 695 exemption under this subsection and was occupied by a tenant is 696 vacant on January 1, the vacant unit is eligible for the 697 exemption if the use of the unit is restricted to providing 698 affordable housing that would otherwise meet the requirements of 699 this subsection and a reasonable effort is made to lease the 700 unit to eligible persons or families. 701 (d)1.Qualified property used to house natural persons or 702 families whose annual household income is within the range 703 specified in sub-subparagraph (a)1.a. must receive an ad valorem 704 property tax exemption of 75 percent of the assessed value. 705 2.Qualified property used to house natural persons or 706 families whose annual household income is within the range 707 specified in sub-subparagraph (a)1.b. is exempt from ad valorem 708 property taxes. 709 (e)To receive an exemption under this subsection, a 710 property owner must submit an application by March 1 for the 711 exemption, accompanied by a certification notice from the 712 corporation to the property appraiser. 713 (f)To receive a certification notice, a property owner 714 must submit a request to the corporation for certification on a 715 form provided by the corporation which includes all of the 716 following: 717 1.The most recently completed rental market study meeting 718 the requirements of paragraph (m). 719 2.A list of the units for which the property owner seeks 720 an exemption. 721 3.The rent amount received by the property owner for each 722 unit for which the property owner seeks an exemption. If a unit 723 is vacant and qualifies for an exemption under paragraph (c), 724 the property owner must provide evidence of the published rent 725 amount for each vacant unit. 726 4.A sworn statement, under penalty of perjury, from the 727 applicant restricting the property for a period of not less than 728 3 years to housing persons or families who meet the income 729 limitations under this subsection. 730 (g)The corporation shall review the request for 731 certification and certify property that meets the eligibility 732 criteria of this subsection. A determination by the corporation 733 regarding a request for certification does not constitute final 734 agency action pursuant to chapter 120. 735 1.If the corporation determines that the property meets 736 the eligibility criteria for an exemption under this subsection, 737 the corporation must send a certification notice to the property 738 owner and the property appraiser. 739 2.If the corporation determines that the property does not 740 meet the eligibility criteria, the corporation must notify the 741 property owner and include the reasons for such determination. 742 (h)The corporation shall post on its website the deadline 743 to submit a request for certification. The deadline must allow 744 adequate time for a property owner to submit a timely 745 application for exemption to the property appraiser. 746 (i)The property appraiser shall review the application and 747 determine if the applicant is entitled to an exemption. A 748 property appraiser may grant an exemption only for a property 749 for which the corporation has issued a certification notice. 750 (j)If the property appraiser determines that for any year 751 during the immediately previous 10 years a person who was not 752 entitled to an exemption under this subsection was granted such 753 an exemption, the property appraiser must serve upon the owner a 754 notice of intent to record in the public records of the county a 755 notice of tax lien against any property owned by that person in 756 the county, and that property must be identified in the notice 757 of tax lien. Any property owned by the taxpayer and situated in 758 this state is subject to the taxes exempted by the improper 759 exemption, plus a penalty of 50 percent of the unpaid taxes for 760 each year and interest at a rate of 15 percent per annum. If an 761 exemption is improperly granted as a result of a clerical 762 mistake or an omission by the property appraiser, the property 763 owner improperly receiving the exemption may not be assessed a 764 penalty or interest. 765 (k)Units subject to an agreement with the corporation 766 pursuant to chapter 420 recorded in the official records of the 767 county in which the property is located to provide housing to 768 natural persons or families meeting the extremely-low-income, 769 very-low-income, or low-income limits specified in s. 420.0004 770 are not eligible for this exemption. 771 (l)Property receiving an exemption pursuant to s. 196.1979 772 is not eligible for this exemption. 773 (m)A rental market study submitted as required by 774 paragraph (f) must identify the fair market value rent of each 775 unit for which a property owner seeks an exemption. Only a 776 certified general appraiser as defined in s. 475.611 may issue a 777 rental market study. The certified general appraiser must be 778 independent of the property owner who requests the rental market 779 study. In preparing the rental market study, a certified general 780 appraiser shall comply with the standards of professional 781 practice pursuant to part II of chapter 475 and use comparable 782 property within the same geographic area and of the same type as 783 the property for which the exemption is sought. A rental market 784 study must have been completed within 3 years before submission 785 of the application. 786 (n)The corporation may adopt rules to implement this 787 section. 788 (o)This subsection first applies to the 2024 tax roll and 789 is repealed December 31, 2059. 790 Section 9.Section 196.1979, Florida Statutes, is created 791 to read: 792 196.1979County and municipal affordable housing property 793 exemption. 794 (1)(a)Notwithstanding ss. 196.195 and 196.196, the board 795 of county commissioners of a county or the governing body of a 796 municipality may adopt an ordinance to exempt those portions of 797 property used to provide affordable housing meeting the 798 requirements of this section. Such property is considered 799 property used for a charitable purpose. To be eligible for the 800 exemption, the portions of property must be: 801 1.Used to house natural persons or families meeting the 802 extremely-low-income and very-low-income limits specified in s. 803 420.0004; 804 2.Within a multifamily project containing 50 or more 805 residential units, at least 20 percent of which are used to 806 provide affordable housing that meets the requirements of this 807 section; 808 3.Rented for an amount no greater than the amount as 809 specified by the Fair Market Rents published by the U.S. 810 Department of Housing and Urban Development most recently 811 adopted by the corporation or 90 percent of the fair market 812 value rent as determined by a rental market study meeting the 813 requirements of subsection (4), whichever is less; and 814 4.Rented at a monthly amount, including taxes, insurance, 815 and utilities, which does not exceed 30 percent of: 816 a.Fifty percent of the median annual adjusted gross income 817 for households within this state, within the metropolitan 818 statistical area, or, if not within a metropolitan statistical 819 area, within the county in which the person or family resides, 820 whichever is greater, if such housing houses natural persons or 821 families whose total annual adjusted gross household income is 822 greater than 30 percent but not more than 50 percent of such 823 median annual adjusted gross income; or 824 b.Thirty percent of the median annual adjusted gross 825 income for households within this state, within the metropolitan 826 statistical area, or, if not within a metropolitan statistical 827 area, within the county in which the person or family resides, 828 whichever is greater, if such housing houses natural persons or 829 families whose total annual adjusted gross household income does 830 not exceed 30 percent of such median annual adjusted gross 831 income. 832 (b)Qualified property may receive an ad valorem property 833 tax exemption of: 834 1.Up to 75 percent of the assessed value of each 835 residential unit used to provide affordable housing if fewer 836 than 100 percent of the multifamily projects residential units 837 are used to provide affordable housing meeting the requirements 838 of this section. 839 2.Up to 100 percent of the assessed value if 100 percent 840 of the multifamily projects residential units are used to 841 provide affordable housing meeting the requirements of this 842 section. 843 (c)The board of county commissioners of the county or the 844 governing body of the municipality, as applicable, may choose to 845 adopt an ordinance that exempts property used to provide 846 affordable housing for natural persons or families meeting the 847 very-low-income limits, natural persons or families meeting the 848 extremely-low-income limits, or both. 849 (2)If a residential unit that in the previous year 850 qualified for the exemption under this section and was occupied 851 by a tenant is vacant on January 1, the vacant unit may qualify 852 for the exemption under this section if the use of the unit is 853 restricted to providing affordable housing that would otherwise 854 meet the requirements of this section and a reasonable effort is 855 made to lease the unit to eligible persons or families. 856 (3)An ordinance granting the exemption authorized by this 857 section must: 858 (a)Be adopted under the procedures for adoption of a 859 nonemergency ordinance by a board of county commissioners 860 specified in chapter 125 or by a municipal governing body 861 specified in chapter 166. 862 (b)Designate the local entity under the supervision of the 863 board of county commissioners or governing body of a 864 municipality which must develop, receive, and review 865 applications for certification and develop notices of 866 determination of eligibility. 867 (c)Require the property owner to apply for certification 868 by the local entity in order to receive the exemption. The 869 application for certification must be on a form provided by the 870 local entity designated pursuant to paragraph (b) and include 871 all of the following: 872 1.The most recently completed rental market study meeting 873 the requirements of subsection (4). 874 2.A list of the units for which the property owner seeks 875 an exemption. 876 3.The rent amount received by the property owner for each 877 unit for which the property owner seeks an exemption. If a unit 878 is vacant and qualifies for an exemption under subsection (2), 879 the property owner must provide evidence of the published rent 880 amount for the vacant unit. 881 (d)Require the local entity to verify and certify property 882 that meets the requirements of the ordinance as qualified 883 property and forward the certification to the property owner and 884 the property appraiser. If the local entity denies the 885 exemption, it must notify the applicant and include reasons for 886 the denial. 887 (e)Require the eligible unit to meet the eligibility 888 criteria of paragraph (1)(a). 889 (f)Require the property owner to submit an application for 890 exemption, accompanied by the certification of qualified 891 property, to the property appraiser no later than March 1. 892 (g)Specify that the exemption applies only to the taxes 893 levied by the unit of government granting the exemption. 894 (h)Specify that the property may not receive an exemption 895 authorized by this section after expiration or repeal of the 896 ordinance. 897 (i)Identify the percentage of the assessed value which is 898 exempted, subject to the percentage limitations in paragraph 899 (1)(b). 900 (j)Identify whether the exemption applies to natural 901 persons or families meeting the very-low-income limits, natural 902 persons or families meeting the extremely-low-income limits, or 903 both. 904 (k)Require that the deadline to submit an application for 905 certification be published on the countys or municipalitys 906 website. The deadline must allow adequate time for a property 907 owner to make a timely application for exemption to the property 908 appraiser. 909 (l)Require the county or municipality to post on its 910 website a list of certified properties for the purpose of 911 facilitating access to affordable housing. 912 (4)A rental market study submitted as required by 913 paragraph (3)(c) must identify the fair market value rent of 914 each unit for which a property owner seeks an exemption. Only a 915 certified general appraiser, as defined in s. 475.611, may issue 916 a rental market study. The certified general appraiser must be 917 independent of the property owner who requests a rental market 918 study. In preparing the rental market study, a certified general 919 appraiser shall comply with the standards of professional 920 practice pursuant to part II of chapter 475 and use comparable 921 property within the same geographic area and of the same type as 922 the property for which the exemption is sought. A rental market 923 study must have been completed within 3 years before submission 924 of the application. 925 (5)An ordinance adopted under this section must expire 926 before the fourth January 1 after adoption; however, the board 927 of county commissioners or the governing body of the 928 municipality may adopt a new ordinance to renew the exemption. 929 The board of county commissioners or the governing body of the 930 municipality shall deliver a copy of an ordinance adopted under 931 this section to the department and the property appraiser within 932 10 days after its adoption. If the ordinance expires or is 933 repealed, the board of county commissioners or the governing 934 body of the municipality must notify the department and the 935 property appraiser within 10 days after its expiration or 936 repeal. 937 (6)If the property appraiser determines that for any year 938 during the immediately previous 10 years a person who was not 939 entitled to an exemption under this section was granted such an 940 exemption, the property appraiser must serve upon the owner a 941 notice of intent to record in the public records of the county a 942 notice of tax lien against any property owned by that person in 943 the county, and that property must be identified in the notice 944 of tax lien. Any property owned by the taxpayer and situated in 945 this state is subject to the taxes exempted by the improper 946 exemption, plus a penalty of 50 percent of the unpaid taxes for 947 each year and interest at a rate of 15 percent per annum. If an 948 exemption is improperly granted as a result of a clerical 949 mistake or an omission by the property appraiser, the property 950 owner improperly receiving the exemption may not be assessed a 951 penalty or interest. 952 (7)This section first applies to the 2024 tax roll. 953 Section 10.Section 201.15, Florida Statutes, is amended to 954 read: 955 201.15Distribution of taxes collected.All taxes collected 956 under this chapter are hereby pledged and shall be first made 957 available to make payments when due on bonds issued pursuant to 958 s. 215.618 or s. 215.619, or any other bonds authorized to be 959 issued on a parity basis with such bonds. Such pledge and 960 availability for the payment of these bonds shall have priority 961 over any requirement for the payment of service charges or costs 962 of collection and enforcement under this section. All taxes 963 collected under this chapter, except taxes distributed to the 964 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 965 are subject to the service charge imposed in s. 215.20(1). 966 Before distribution pursuant to this section, the Department of 967 Revenue shall deduct amounts necessary to pay the costs of the 968 collection and enforcement of the tax levied by this chapter. 969 The costs and service charge may not be levied against any 970 portion of taxes pledged to debt service on bonds to the extent 971 that the costs and service charge are required to pay any 972 amounts relating to the bonds. All of the costs of the 973 collection and enforcement of the tax levied by this chapter and 974 the service charge shall be available and transferred to the 975 extent necessary to pay debt service and any other amounts 976 payable with respect to bonds authorized before January 1, 2017, 977 secured by revenues distributed pursuant to this section. All 978 taxes remaining after deduction of costs shall be distributed as 979 follows: 980 (1)Amounts necessary to make payments on bonds issued 981 pursuant to s. 215.618 or s. 215.619, as provided under 982 paragraphs (3)(a) and (b), or on any other bonds authorized to 983 be issued on a parity basis with such bonds shall be deposited 984 into the Land Acquisition Trust Fund. 985 (2)If the amounts deposited pursuant to subsection (1) are 986 less than 33 percent of all taxes collected after first 987 deducting the costs of collection, an amount equal to 33 percent 988 of all taxes collected after first deducting the costs of 989 collection, minus the amounts deposited pursuant to subsection 990 (1), shall be deposited into the Land Acquisition Trust Fund. 991 (3)Amounts on deposit in the Land Acquisition Trust Fund 992 shall be used in the following order: 993 (a)Payment of debt service or funding of debt service 994 reserve funds, rebate obligations, or other amounts payable with 995 respect to Florida Forever bonds issued pursuant to s. 215.618. 996 The amount used for such purposes may not exceed $300 million in 997 each fiscal year. It is the intent of the Legislature that all 998 bonds issued to fund the Florida Forever Act be retired by 999 December 31, 2040. Except for bonds issued to refund previously 1000 issued bonds, no series of bonds may be issued pursuant to this 1001 paragraph unless such bonds are approved and the debt service 1002 for the remainder of the fiscal year in which the bonds are 1003 issued is specifically appropriated in the General 1004 Appropriations Act or other law with respect to bonds issued for 1005 the purposes of s. 373.4598. 1006 (b)Payment of debt service or funding of debt service 1007 reserve funds, rebate obligations, or other amounts due with 1008 respect to Everglades restoration bonds issued pursuant to s. 1009 215.619. Taxes distributed under paragraph (a) and this 1010 paragraph must be collectively distributed on a pro rata basis 1011 when the available moneys under this subsection are not 1012 sufficient to cover the amounts required under paragraph (a) and 1013 this paragraph. 1014 1015 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 1016 and ratably secured by moneys distributable to the Land 1017 Acquisition Trust Fund. 1018 (4)After the required distributions to the Land 1019 Acquisition Trust Fund pursuant to subsections (1) and (2), the 1020 lesser of 8 percent of the remainder or $150 million in each 1021 fiscal year shall be paid into the State Treasury to the credit 1022 of the State Housing Trust Fund and shall be expended pursuant 1023 to s. 420.50871. If 8 percent of the remainder is greater than 1024 $150 million in any fiscal year, the difference between 8 1025 percent of the remainder and $150 million shall be paid into the 1026 State Treasury to the credit of the General Revenue Fund. and 1027 deduction of the service charge imposed pursuant to s. 1028 215.20(1), The remainder shall be distributed as follows: 1029 (a)The lesser of 20.5453 percent of the remainder or 1030 $466.75 million in each fiscal year shall be paid into the State 1031 Treasury to the credit of the State Transportation Trust Fund. 1032 Notwithstanding any other law, the amount credited to the State 1033 Transportation Trust Fund shall be used for: 1034 1.Capital funding for the New Starts Transit Program, 1035 authorized by Title 49, U.S.C. s. 5309 and specified in s. 1036 341.051, in the amount of 10 percent of the funds; 1037 2.The Small County Outreach Program specified in s. 1038 339.2818, in the amount of 10 percent of the funds; 1039 3.The Strategic Intermodal System specified in ss. 339.61, 1040 339.62, 339.63, and 339.64, in the amount of 75 percent of the 1041 funds after deduction of the payments required pursuant to 1042 subparagraphs 1. and 2.; and 1043 4.The Transportation Regional Incentive Program specified 1044 in s. 339.2819, in the amount of 25 percent of the funds after 1045 deduction of the payments required pursuant to subparagraphs 1. 1046 and 2. The first $60 million of the funds allocated pursuant to 1047 this subparagraph shall be allocated annually to the Florida 1048 Rail Enterprise for the purposes established in s. 341.303(5). 1049 (b)The lesser of 0.1456 percent of the remainder or $3.25 1050 million in each fiscal year shall be paid into the State 1051 Treasury to the credit of the Grants and Donations Trust Fund in 1052 the Department of Economic Opportunity to fund technical 1053 assistance to local governments. 1054 1055 Moneys distributed pursuant to paragraphs (a) and (b) may not be 1056 pledged for debt service unless such pledge is approved by 1057 referendum of the voters. 1058 (c)An amount equaling 4.5 percent of the remainder in each 1059 fiscal year shall be paid into the State Treasury to the credit 1060 of the State Housing Trust Fund. The funds shall be used as 1061 follows: 1062 1.Half of that amount shall be used for the purposes for 1063 which the State Housing Trust Fund was created and exists by 1064 law. 1065 2.Half of that amount shall be paid into the State 1066 Treasury to the credit of the Local Government Housing Trust 1067 Fund and used for the purposes for which the Local Government 1068 Housing Trust Fund was created and exists by law. 1069 (d)An amount equaling 5.20254 percent of the remainder in 1070 each fiscal year shall be paid into the State Treasury to the 1071 credit of the State Housing Trust Fund. Of such funds: 1072 1.Twelve and one-half percent of that amount shall be 1073 deposited into the State Housing Trust Fund and expended by the 1074 Department of Economic Opportunity and the Florida Housing 1075 Finance Corporation for the purposes for which the State Housing 1076 Trust Fund was created and exists by law. 1077 2.Eighty-seven and one-half percent of that amount shall 1078 be distributed to the Local Government Housing Trust Fund and 1079 used for the purposes for which the Local Government Housing 1080 Trust Fund was created and exists by law. Funds from this 1081 category may also be used to provide for state and local 1082 services to assist the homeless. 1083 (e)The lesser of 0.017 percent of the remainder or 1084 $300,000 in each fiscal year shall be paid into the State 1085 Treasury to the credit of the General Inspection Trust Fund to 1086 be used to fund oyster management and restoration programs as 1087 provided in s. 379.362(3). 1088 (f)A total of $75 million shall be paid into the State 1089 Treasury to the credit of the State Economic Enhancement and 1090 Development Trust Fund within the Department of Economic 1091 Opportunity. 1092 (g)An amount equaling 5.4175 percent of the remainder 1093 shall be paid into the Resilient Florida Trust Fund to be used 1094 for the purposes for which the Resilient Florida Trust Fund was 1095 created and exists by law. Funds may be used for planning and 1096 project grants. 1097 (h)An amount equaling 5.4175 percent of the remainder 1098 shall be paid into the Water Protection and Sustainability 1099 Program Trust Fund to be used to fund wastewater grants as 1100 specified in s. 403.0673. 1101 (5)Notwithstanding s. 215.32(2)(b)4.a., funds distributed 1102 to the State Housing Trust Fund and expended pursuant to s. 1103 420.50871 and funds distributed to the State Housing Trust Fund 1104 and the Local Government Housing Trust Fund pursuant to 1105 paragraphs (4)(c) and (d) paragraph (4)(c) may not be 1106 transferred to the General Revenue Fund in the General 1107 Appropriations Act. 1108 (6)After the distributions provided in the preceding 1109 subsections, any remaining taxes shall be paid into the State 1110 Treasury to the credit of the General Revenue Fund. 1111 Section 11.The amendments made by this act to s. 201.15, 1112 Florida Statutes, expire on July 1, 2033, and the text of that 1113 section shall revert to that in existence on June 30, 2023, 1114 except that any amendments to such text enacted other than by 1115 this act shall be preserved and continue to operate to the 1116 extent that such amendments are not dependent upon the portions 1117 of the text which expire pursuant to this section. 1118 Section 12.Paragraph (p) of subsection (5) of section 1119 212.08, Florida Statutes, is amended, and paragraph (v) is added 1120 to that subsection, to read: 1121 212.08Sales, rental, use, consumption, distribution, and 1122 storage tax; specified exemptions.The sale at retail, the 1123 rental, the use, the consumption, the distribution, and the 1124 storage to be used or consumed in this state of the following 1125 are hereby specifically exempt from the tax imposed by this 1126 chapter. 1127 (5)EXEMPTIONS; ACCOUNT OF USE. 1128 (p)Community contribution tax credit for donations. 1129 1.Authorization.Persons who are registered with the 1130 department under s. 212.18 to collect or remit sales or use tax 1131 and who make donations to eligible sponsors are eligible for tax 1132 credits against their state sales and use tax liabilities as 1133 provided in this paragraph: 1134 a.The credit shall be computed as 50 percent of the 1135 persons approved annual community contribution. 1136 b.The credit shall be granted as a refund against state 1137 sales and use taxes reported on returns and remitted in the 12 1138 months preceding the date of application to the department for 1139 the credit as required in sub-subparagraph 3.c. If the annual 1140 credit is not fully used through such refund because of 1141 insufficient tax payments during the applicable 12-month period, 1142 the unused amount may be included in an application for a refund 1143 made pursuant to sub-subparagraph 3.c. in subsequent years 1144 against the total tax payments made for such year. Carryover 1145 credits may be applied for a 3-year period without regard to any 1146 time limitation that would otherwise apply under s. 215.26. 1147 c.A person may not receive more than $200,000 in annual 1148 tax credits for all approved community contributions made in any 1149 one year. 1150 d.All proposals for the granting of the tax credit require 1151 the prior approval of the Department of Economic Opportunity. 1152 e.The total amount of tax credits which may be granted for 1153 all programs approved under this paragraph and ss. 220.183 and 1154 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 fiscal 1155 year and in each fiscal year thereafter for projects that 1156 provide housing opportunities for persons with special needs or 1157 homeownership opportunities for low-income households or very 1158 low-income households and $4.5 million in the 2022-2023 fiscal 1159 year and in each fiscal year thereafter for all other projects. 1160 As used in this paragraph, the term person with special needs 1161 has the same meaning as in s. 420.0004 and the terms low-income 1162 person, low-income household, very-low-income person, and 1163 very-low-income household have the same meanings as in s. 1164 420.9071. 1165 f.A person who is eligible to receive the credit provided 1166 in this paragraph, s. 220.183, or s. 624.5105 may receive the 1167 credit only under one section of the persons choice. 1168 2.Eligibility requirements. 1169 a.A community contribution by a person must be in the 1170 following form: 1171 (I)Cash or other liquid assets; 1172 (II)Real property, including 100 percent ownership of a 1173 real property holding company; 1174 (III)Goods or inventory; or 1175 (IV)Other physical resources identified by the Department 1176 of Economic Opportunity. 1177 1178 For purposes of this sub-subparagraph, the term real property 1179 holding company means a Florida entity, such as a Florida 1180 limited liability company, that is wholly owned by the person; 1181 is the sole owner of real property, as defined in s. 1182 192.001(12), located in this the state; is disregarded as an 1183 entity for federal income tax purposes pursuant to 26 C.F.R. s. 1184 301.7701-3(b)(1)(ii); and at the time of contribution to an 1185 eligible sponsor, has no material assets other than the real 1186 property and any other property that qualifies as a community 1187 contribution. 1188 b.All community contributions must be reserved exclusively 1189 for use in a project. As used in this sub-subparagraph, the term 1190 project means activity undertaken by an eligible sponsor which 1191 is designed to construct, improve, or substantially rehabilitate 1192 housing that is affordable to low-income households or very-low 1193 income households; designed to provide housing opportunities for 1194 persons with special needs; designed to provide commercial, 1195 industrial, or public resources and facilities; or designed to 1196 improve entrepreneurial and job-development opportunities for 1197 low-income persons. A project may be the investment necessary to 1198 increase access to high-speed broadband capability in a rural 1199 community that had an enterprise zone designated pursuant to 1200 chapter 290 as of May 1, 2015, including projects that result in 1201 improvements to communications assets that are owned by a 1202 business. A project may include the provision of museum 1203 educational programs and materials that are directly related to 1204 a project approved between January 1, 1996, and December 31, 1205 1999, and located in an area which was in an enterprise zone 1206 designated pursuant to s. 290.0065 as of May 1, 2015. This 1207 paragraph does not preclude projects that propose to construct 1208 or rehabilitate housing for low-income households or very-low 1209 income households on scattered sites or housing opportunities 1210 for persons with special needs. With respect to housing, 1211 contributions may be used to pay the following eligible special 1212 needs, low-income, and very-low-income housing-related 1213 activities: 1214 (I)Project development impact and management fees for 1215 special needs, low-income, or very-low-income housing projects; 1216 (II)Down payment and closing costs for persons with 1217 special needs, low-income persons, and very-low-income persons; 1218 (III)Administrative costs, including housing counseling 1219 and marketing fees, not to exceed 10 percent of the community 1220 contribution, directly related to special needs, low-income, or 1221 very-low-income projects; and 1222 (IV)Removal of liens recorded against residential property 1223 by municipal, county, or special district local governments if 1224 satisfaction of the lien is a necessary precedent to the 1225 transfer of the property to a low-income person or very-low 1226 income person for the purpose of promoting home ownership. 1227 Contributions for lien removal must be received from a 1228 nonrelated third party. 1229 c.The project must be undertaken by an eligible sponsor, 1230 which includes: 1231 (I)A community action program; 1232 (II)A nonprofit community-based development organization 1233 whose mission is the provision of housing for persons with 1234 special needs, low-income households, or very-low-income 1235 households or increasing entrepreneurial and job-development 1236 opportunities for low-income persons; 1237 (III)A neighborhood housing services corporation; 1238 (IV)A local housing authority created under chapter 421; 1239 (V)A community redevelopment agency created under s. 1240 163.356; 1241 (VI)A historic preservation district agency or 1242 organization; 1243 (VII)A local workforce development board; 1244 (VIII)A direct-support organization as provided in s. 1245 1009.983; 1246 (IX)An enterprise zone development agency created under s. 1247 290.0056; 1248 (X)A community-based organization incorporated under 1249 chapter 617 which is recognized as educational, charitable, or 1250 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 1251 and whose bylaws and articles of incorporation include 1252 affordable housing, economic development, or community 1253 development as the primary mission of the corporation; 1254 (XI)Units of local government; 1255 (XII)Units of state government; or 1256 (XIII)Any other agency that the Department of Economic 1257 Opportunity designates by rule. 1258 1259 A contributing person may not have a financial interest in the 1260 eligible sponsor. 1261 d.The project must be located in an area which was in an 1262 enterprise zone designated pursuant to chapter 290 as of May 1, 1263 2015, or a Front Porch Florida Community, unless the project 1264 increases access to high-speed broadband capability in a rural 1265 community that had an enterprise zone designated pursuant to 1266 chapter 290 as of May 1, 2015, but is physically located outside 1267 the designated rural zone boundaries. Any project designed to 1268 construct or rehabilitate housing for low-income households or 1269 very-low-income households or housing opportunities for persons 1270 with special needs is exempt from the area requirement of this 1271 sub-subparagraph. 1272 e.(I)If, during the first 10 business days of the state 1273 fiscal year, eligible tax credit applications for projects that 1274 provide housing opportunities for persons with special needs or 1275 homeownership opportunities for low-income households or very 1276 low-income households are received for less than the annual tax 1277 credits available for those projects, the Department of Economic 1278 Opportunity shall grant tax credits for those applications and 1279 grant remaining tax credits on a first-come, first-served basis 1280 for subsequent eligible applications received before the end of 1281 the state fiscal year. If, during the first 10 business days of 1282 the state fiscal year, eligible tax credit applications for 1283 projects that provide housing opportunities for persons with 1284 special needs or homeownership opportunities for low-income 1285 households or very-low-income households are received for more 1286 than the annual tax credits available for those projects, the 1287 Department of Economic Opportunity shall grant the tax credits 1288 for those applications as follows: 1289 (A)If tax credit applications submitted for approved 1290 projects of an eligible sponsor do not exceed $200,000 in total, 1291 the credits shall be granted in full if the tax credit 1292 applications are approved. 1293 (B)If tax credit applications submitted for approved 1294 projects of an eligible sponsor exceed $200,000 in total, the 1295 amount of tax credits granted pursuant to sub-sub-sub 1296 subparagraph (A) shall be subtracted from the amount of 1297 available tax credits, and the remaining credits shall be 1298 granted to each approved tax credit application on a pro rata 1299 basis. 1300 (II)If, during the first 10 business days of the state 1301 fiscal year, eligible tax credit applications for projects other 1302 than those that provide housing opportunities for persons with 1303 special needs or homeownership opportunities for low-income 1304 households or very-low-income households are received for less 1305 than the annual tax credits available for those projects, the 1306 Department of Economic Opportunity shall grant tax credits for 1307 those applications and shall grant remaining tax credits on a 1308 first-come, first-served basis for subsequent eligible 1309 applications received before the end of the state fiscal year. 1310 If, during the first 10 business days of the state fiscal year, 1311 eligible tax credit applications for projects other than those 1312 that provide housing opportunities for persons with special 1313 needs or homeownership opportunities for low-income households 1314 or very-low-income households are received for more than the 1315 annual tax credits available for those projects, the Department 1316 of Economic Opportunity shall grant the tax credits for those 1317 applications on a pro rata basis. 1318 3.Application requirements. 1319 a.An eligible sponsor seeking to participate in this 1320 program must submit a proposal to the Department of Economic 1321 Opportunity which sets forth the name of the sponsor, a 1322 description of the project, and the area in which the project is 1323 located, together with such supporting information as is 1324 prescribed by rule. The proposal must also contain a resolution 1325 from the local governmental unit in which the project is located 1326 certifying that the project is consistent with local plans and 1327 regulations. 1328 b.A person seeking to participate in this program must 1329 submit an application for tax credit to the Department of 1330 Economic Opportunity which sets forth the name of the sponsor; a 1331 description of the project; and the type, value, and purpose of 1332 the contribution. The sponsor shall verify, in writing, the 1333 terms of the application and indicate its receipt of the 1334 contribution, and such verification must accompany the 1335 application for tax credit. The person must submit a separate 1336 tax credit application to the Department of Economic Opportunity 1337 for each individual contribution that it makes to each 1338 individual project. 1339 c.A person who has received notification from the 1340 Department of Economic Opportunity that a tax credit has been 1341 approved must apply to the department to receive the refund. 1342 Application must be made on the form prescribed for claiming 1343 refunds of sales and use taxes and be accompanied by a copy of 1344 the notification. A person may submit only one application for 1345 refund to the department within a 12-month period. 1346 4.Administration. 1347 a.The Department of Economic Opportunity may adopt rules 1348 necessary to administer this paragraph, including rules for the 1349 approval or disapproval of proposals by a person. 1350 b.The decision of the Department of Economic Opportunity 1351 must be in writing, and, if approved, the notification shall 1352 state the maximum credit allowable to the person. Upon approval, 1353 the Department of Economic Opportunity shall transmit a copy of 1354 the decision to the department. 1355 c.The Department of Economic Opportunity shall 1356 periodically monitor all projects in a manner consistent with 1357 available resources to ensure that resources are used in 1358 accordance with this paragraph; however, each project must be 1359 reviewed at least once every 2 years. 1360 d.The Department of Economic Opportunity shall, in 1361 consultation with the statewide and regional housing and 1362 financial intermediaries, market the availability of the 1363 community contribution tax credit program to community-based 1364 organizations. 1365 (v)Building materials used in construction of affordable 1366 housing units. 1367 1.As used in this paragraph, the term: 1368 a.Affordable housing development means property that has 1369 units subject to an agreement with the Florida Housing Finance 1370 Corporation pursuant to chapter 420 recorded in the official 1371 records of the county in which the property is located to 1372 provide affordable housing to natural persons or families 1373 meeting the extremely-low-income, very-low-income, or low-income 1374 limits specified in s. 420.0004. 1375 b.Building materials means tangible personal property 1376 that becomes a component part of eligible residential units in 1377 an affordable housing development. The term includes appliances 1378 and does not include plants, landscaping, fencing, and 1379 hardscaping. 1380 c.Eligible residential units means newly constructed 1381 units within an affordable housing development which are 1382 restricted under the land use restriction agreement. 1383 d.Newly constructed means improvements to real property 1384 which did not previously exist or the construction of a new 1385 improvement where an old improvement was removed. The term does 1386 not include the renovation, restoration, rehabilitation, 1387 modification, alteration, or expansion of buildings already 1388 located on the parcel on which the eligible residential unit is 1389 built. 1390 e.Real property has the same meaning as provided in s. 1391 192.001(12). 1392 f.Substantially completed has the same meaning as in s. 1393 192.042(1). 1394 2.Building materials used in eligible residential units 1395 are exempt from the tax imposed by this chapter if an owner 1396 demonstrates to the satisfaction of the department that the 1397 requirements of this paragraph have been met. Except as provided 1398 in subparagraph 3., this exemption inures to the owner at the 1399 time an eligible residential unit is substantially completed, 1400 but only through a refund of previously paid taxes. To receive a 1401 refund pursuant to this paragraph, the owner of the eligible 1402 residential units must file an application with the department. 1403 The application must include all of the following: 1404 a.The name and address of the person claiming the refund. 1405 b.An address and assessment roll parcel number of the real 1406 property that was improved for which a refund of previously paid 1407 taxes is being sought. 1408 c.A description of the eligible residential units for 1409 which a refund of previously paid taxes is being sought, 1410 including the number of such units. 1411 d.A copy of a valid building permit issued by the county 1412 or municipal building department for the eligible residential 1413 units. 1414 e.A sworn statement, under penalty of perjury, from the 1415 general contractor licensed in this state with whom the owner 1416 contracted to build the eligible residential units which 1417 specifies the building materials, the actual cost of the 1418 building materials, and the amount of sales tax paid in this 1419 state on the building materials, and which states that the 1420 improvement to the real property was newly constructed. If a 1421 general contractor was not used, the owner must make the sworn 1422 statement required by this sub-subparagraph. Copies of the 1423 invoices evidencing the actual cost of the building materials 1424 and the amount of sales tax paid on such building materials must 1425 be attached to the sworn statement provided by the general 1426 contractor or by the owner. If copies of such invoices are not 1427 attached, the cost of the building materials is deemed to be an 1428 amount equal to 40 percent of the increase in the final assessed 1429 value of the eligible residential units for ad valorem tax 1430 purposes less the most recent assessed value of land for the 1431 units. 1432 f.A certification by the local building code inspector 1433 that the eligible residential unit is substantially completed. 1434 g.A copy of the land use restriction agreement with the 1435 Florida Housing Finance Corporation for the eligible residential 1436 units. 1437 3.The exemption under this paragraph inures to a 1438 municipality, county, other governmental unit or agency, or 1439 nonprofit community-based organization through a refund of 1440 previously paid taxes if the building materials are paid for 1441 from the funds of a community development block grant, the State 1442 Housing Initiatives Partnership Program, or a similar grant or 1443 loan program. To receive a refund, a municipality, county, other 1444 governmental unit or agency, or nonprofit community-based 1445 organization must submit an application that includes the same 1446 information required under subparagraph 2. In addition, the 1447 applicant must include a sworn statement signed by the chief 1448 executive officer of the municipality, county, other 1449 governmental unit or agency, or nonprofit community-based 1450 organization seeking a refund which states that the building 1451 materials for which a refund is sought were funded by a 1452 community development block grant, the State Housing Initiatives 1453 Partnership Program, or a similar grant or loan program. 1454 4.The person seeking a refund must submit an application 1455 for refund to the department within 6 months after the eligible 1456 residential unit is deemed to be substantially completed by the 1457 local building code inspector or by November 1 after the 1458 improved property is first subject to assessment. 1459 5.Only one exemption through a refund of previously paid 1460 taxes may be claimed for any eligible residential unit. A refund 1461 may not be granted unless the amount to be refunded exceeds 1462 $500. A refund may not exceed the lesser of $5,000 or 97.5 1463 percent of the Florida sales or use tax paid on the cost of 1464 building materials as determined pursuant to sub-subparagraph 1465 2.e. The department shall issue a refund within 30 days after it 1466 formally approves a refund application. 1467 6.The department shall deduct 10 percent of each refund 1468 amount granted under this paragraph from the amount transferred 1469 into the Local Government Half-cent Sales Tax Clearing Trust 1470 Fund pursuant to s. 212.20 for the county area in which the 1471 eligible residential unit is located and shall transfer that 1472 amount to the General Revenue Fund. 1473 7.The department may adopt rules governing the manner and 1474 format of refund applications and may establish guidelines as to 1475 the requisites for an affirmative showing of qualification for 1476 exemption under this paragraph. 1477 8.This exemption does not apply to affordable housing 1478 developments for which construction began before July 1, 2023. 1479 Section 13.Section 215.212, Florida Statutes, is created 1480 to read: 1481 215.212Service charge elimination. 1482 (1)Notwithstanding s. 215.20(1), the service charge 1483 provided in s. 215.20(1) may not be deducted from the proceeds 1484 of the taxes distributed under s. 201.15. 1485 (2)This section is repealed July 1, 2033. 1486 Section 14.Paragraph (i) of subsection (1) of section 1487 215.22, Florida Statutes, is amended to read: 1488 215.22Certain income and certain trust funds exempt. 1489 (1)The following income of a revenue nature or the 1490 following trust funds shall be exempt from the appropriation 1491 required by s. 215.20(1): 1492 (i)Bond proceeds or revenues dedicated for bond repayment, 1493 except for the Documentary Stamp Clearing Trust Fund 1494 administered by the Department of Revenue. 1495 Section 15.The amendment made by this act to s. 215.22, 1496 Florida Statutes, expires on July 1, 2033, and the text of that 1497 section shall revert to that in existence on June 30, 2023, 1498 except that any amendments to such text enacted other than by 1499 this act shall be preserved and continue to operate to the 1500 extent that such amendments are not dependent upon the portions 1501 of the text which expire pursuant to this section. 1502 Section 16.Subsection (8) of section 220.02, Florida 1503 Statutes, is amended to read: 1504 220.02Legislative intent. 1505 (8)It is the intent of the Legislature that credits 1506 against either the corporate income tax or the franchise tax be 1507 applied in the following order: those enumerated in s. 631.828, 1508 those enumerated in s. 220.191, those enumerated in s. 220.181, 1509 those enumerated in s. 220.183, those enumerated in s. 220.182, 1510 those enumerated in s. 220.1895, those enumerated in s. 220.195, 1511 those enumerated in s. 220.184, those enumerated in s. 220.186, 1512 those enumerated in s. 220.1845, those enumerated in s. 220.19, 1513 those enumerated in s. 220.185, those enumerated in s. 220.1875, 1514 those enumerated in s. 220.1876, those enumerated in s. 1515 220.1877, those enumerated in s. 220.1878, those enumerated in 1516 s. 220.193, those enumerated in s. 288.9916, those enumerated in 1517 s. 220.1899, those enumerated in s. 220.194, those enumerated in 1518 s. 220.196, those enumerated in s. 220.198, and those enumerated 1519 in s. 220.1915. 1520 Section 17.Paragraph (a) of subsection (1) of section 1521 220.13, Florida Statutes, is amended to read: 1522 220.13Adjusted federal income defined. 1523 (1)The term adjusted federal income means an amount 1524 equal to the taxpayers taxable income as defined in subsection 1525 (2), or such taxable income of more than one taxpayer as 1526 provided in s. 220.131, for the taxable year, adjusted as 1527 follows: 1528 (a)Additions.There shall be added to such taxable income: 1529 1.a.The amount of any tax upon or measured by income, 1530 excluding taxes based on gross receipts or revenues, paid or 1531 accrued as a liability to the District of Columbia or any state 1532 of the United States which is deductible from gross income in 1533 the computation of taxable income for the taxable year. 1534 b.Notwithstanding sub-subparagraph a., if a credit taken 1535 under s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878 1536 is added to taxable income in a previous taxable year under 1537 subparagraph 11. and is taken as a deduction for federal tax 1538 purposes in the current taxable year, the amount of the 1539 deduction allowed shall not be added to taxable income in the 1540 current year. The exception in this sub-subparagraph is intended 1541 to ensure that the credit under s. 220.1875, s. 220.1876, or s. 1542 220.1877, or s. 220.1878 is added in the applicable taxable year 1543 and does not result in a duplicate addition in a subsequent 1544 year. 1545 2.The amount of interest which is excluded from taxable 1546 income under s. 103(a) of the Internal Revenue Code or any other 1547 federal law, less the associated expenses disallowed in the 1548 computation of taxable income under s. 265 of the Internal 1549 Revenue Code or any other law, excluding 60 percent of any 1550 amounts included in alternative minimum taxable income, as 1551 defined in s. 55(b)(2) of the Internal Revenue Code, if the 1552 taxpayer pays tax under s. 220.11(3). 1553 3.In the case of a regulated investment company or real 1554 estate investment trust, an amount equal to the excess of the 1555 net long-term capital gain for the taxable year over the amount 1556 of the capital gain dividends attributable to the taxable year. 1557 4.That portion of the wages or salaries paid or incurred 1558 for the taxable year which is equal to the amount of the credit 1559 allowable for the taxable year under s. 220.181. This 1560 subparagraph shall expire on the date specified in s. 290.016 1561 for the expiration of the Florida Enterprise Zone Act. 1562 5.That portion of the ad valorem school taxes paid or 1563 incurred for the taxable year which is equal to the amount of 1564 the credit allowable for the taxable year under s. 220.182. This 1565 subparagraph shall expire on the date specified in s. 290.016 1566 for the expiration of the Florida Enterprise Zone Act. 1567 6.The amount taken as a credit under s. 220.195 which is 1568 deductible from gross income in the computation of taxable 1569 income for the taxable year. 1570 7.That portion of assessments to fund a guaranty 1571 association incurred for the taxable year which is equal to the 1572 amount of the credit allowable for the taxable year. 1573 8.In the case of a nonprofit corporation which holds a 1574 pari-mutuel permit and which is exempt from federal income tax 1575 as a farmers cooperative, an amount equal to the excess of the 1576 gross income attributable to the pari-mutuel operations over the 1577 attributable expenses for the taxable year. 1578 9.The amount taken as a credit for the taxable year under 1579 s. 220.1895. 1580 10.Up to nine percent of the eligible basis of any 1581 designated project which is equal to the credit allowable for 1582 the taxable year under s. 220.185. 1583 11.Any amount taken as a credit for the taxable year under 1584 s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878. The 1585 addition in this subparagraph is intended to ensure that the 1586 same amount is not allowed for the tax purposes of this state as 1587 both a deduction from income and a credit against the tax. This 1588 addition is not intended to result in adding the same expense 1589 back to income more than once. 1590 12.The amount taken as a credit for the taxable year under 1591 s. 220.193. 1592 13.Any portion of a qualified investment, as defined in s. 1593 288.9913, which is claimed as a deduction by the taxpayer and 1594 taken as a credit against income tax pursuant to s. 288.9916. 1595 14.The costs to acquire a tax credit pursuant to s. 1596 288.1254(5) that are deducted from or otherwise reduce federal 1597 taxable income for the taxable year. 1598 15.The amount taken as a credit for the taxable year 1599 pursuant to s. 220.194. 1600 16.The amount taken as a credit for the taxable year under 1601 s. 220.196. The addition in this subparagraph is intended to 1602 ensure that the same amount is not allowed for the tax purposes 1603 of this state as both a deduction from income and a credit 1604 against the tax. The addition is not intended to result in 1605 adding the same expense back to income more than once. 1606 17.The amount taken as a credit for the taxable year 1607 pursuant to s. 220.198. 1608 18.The amount taken as a credit for the taxable year 1609 pursuant to s. 220.1915. 1610 Section 18.Paragraph (c) of subsection (1) of section 1611 220.183, Florida Statutes, is amended to read: 1612 220.183Community contribution tax credit. 1613 (1)AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 1614 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 1615 SPENDING. 1616 (c)The total amount of tax credit which may be granted for 1617 all programs approved under this section and ss. 212.08(5)(p) 1618 and 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 1619 fiscal year and in each fiscal year thereafter for projects that 1620 provide housing opportunities for persons with special needs as 1621 defined in s. 420.0004 and homeownership opportunities for low 1622 income households or very-low-income households as defined in s. 1623 420.9071 and $4.5 million in the 2022-2023 fiscal year and in 1624 each fiscal year thereafter for all other projects. 1625 Section 19.Subsection (2) of section 220.186, Florida 1626 Statutes, is amended to read: 1627 220.186Credit for Florida alternative minimum tax. 1628 (2)The credit pursuant to this section shall be the amount 1629 of the excess, if any, of the tax paid based upon taxable income 1630 determined pursuant to s. 220.13(2)(k) over the amount of tax 1631 which would have been due based upon taxable income without 1632 application of s. 220.13(2)(k), before application of this 1633 credit without application of any credit under s. 220.1875, s. 1634 220.1876, or s. 220.1877, or s. 220.1878. 1635 Section 20.Section 220.1878, Florida Statutes, is created 1636 to read: 1637 220.1878Credit for contributions to the Live Local 1638 Program. 1639 (1)For taxable years beginning on or after January 1, 1640 2023, there is allowed a credit of 100 percent of an eligible 1641 contribution made to the Live Local Program under s. 420.50872 1642 against any tax due for a taxable year under this chapter after 1643 the application of any other allowable credits by the taxpayer. 1644 An eligible contribution must be made to the Live Local Program 1645 on or before the date the taxpayer is required to file a return 1646 pursuant to s. 220.222. The credit granted by this section must 1647 be reduced by the difference between the amount of federal 1648 corporate income tax, taking into account the credit granted by 1649 this section, and the amount of federal corporate income tax 1650 without application of the credit granted by this section. 1651 (2)A taxpayer who files a Florida consolidated return as a 1652 member of an affiliated group pursuant to s. 220.131(1) may be 1653 allowed the credit on a consolidated return basis; however, the 1654 total credit taken by the affiliated group is subject to the 1655 limitation established under subsection (1). 1656 (3)Section 420.50872 applies to the credit authorized by 1657 this section. 1658 (4)If a taxpayer applies and is approved for a credit 1659 under s. 420.50872 after timely requesting an extension to file 1660 under s. 220.222(2): 1661 (a)The credit does not reduce the amount of tax due for 1662 purposes of the departments determination as to whether the 1663 taxpayer was in compliance with the requirement to pay tentative 1664 taxes under ss. 220.222 and 220.32. 1665 (b)The taxpayers noncompliance with the requirement to 1666 pay tentative taxes shall result in the revocation and 1667 rescindment of any such credit. 1668 (c)The taxpayer shall be assessed for any taxes, 1669 penalties, or interest due from the taxpayers noncompliance 1670 with the requirement to pay tentative taxes. 1671 Section 21.Subsection (5) of section 253.034, Florida 1672 Statutes, is amended to read: 1673 253.034State-owned lands; uses. 1674 (5)Each manager of conservation lands shall submit to the 1675 Division of State Lands a land management plan at least every 10 1676 years in a form and manner adopted by rule of the board of 1677 trustees and in accordance with s. 259.032. Each manager of 1678 conservation lands shall also update a land management plan 1679 whenever the manager proposes to add new facilities or make 1680 substantive land use or management changes that were not 1681 addressed in the approved plan, or within 1 year after the 1682 addition of significant new lands. Each manager of 1683 nonconservation lands shall submit to the Division of State 1684 Lands a land use plan at least every 10 years in a form and 1685 manner adopted by rule of the board of trustees. The division 1686 shall review each plan for compliance with the requirements of 1687 this subsection and the requirements of the rules adopted by the 1688 board of trustees pursuant to this section. All nonconservation 1689 land use plans, whether for single-use or multiple-use 1690 properties, shall be managed to provide the greatest benefit to 1691 the state. Plans for managed areas larger than 1,000 acres shall 1692 contain an analysis of the multiple-use potential of the 1693 property which includes the potential of the property to 1694 generate revenues to enhance the management of the property. In 1695 addition, the plan shall contain an analysis of the potential 1696 use of private land managers to facilitate the restoration or 1697 management of these lands and whether nonconservation lands 1698 would be more appropriately transferred to the county or 1699 municipality in which the land is located for the purpose of 1700 providing affordable multifamily rental housing that meets the 1701 criteria of s. 420.0004(3). If a newly acquired property has a 1702 valid conservation plan that was developed by a soil and 1703 conservation district, such plan shall be used to guide 1704 management of the property until a formal land use plan is 1705 completed. 1706 (a)State conservation lands shall be managed to ensure the 1707 conservation of this the states plant and animal species and to 1708 ensure the accessibility of state lands for the benefit and 1709 enjoyment of all people of this the state, both present and 1710 future. Each land management plan for state conservation lands 1711 shall provide a desired outcome, describe both short-term and 1712 long-term management goals, and include measurable objectives to 1713 achieve those goals. Short-term goals shall be achievable within 1714 a 2-year planning period, and long-term goals shall be 1715 achievable within a 10-year planning period. These short-term 1716 and long-term management goals shall be the basis for all 1717 subsequent land management activities. 1718 (b)Short-term and long-term management goals for state 1719 conservation lands shall include measurable objectives for the 1720 following, as appropriate: 1721 1.Habitat restoration and improvement. 1722 2.Public access and recreational opportunities. 1723 3.Hydrological preservation and restoration. 1724 4.Sustainable forest management. 1725 5.Exotic and invasive species maintenance and control. 1726 6.Capital facilities and infrastructure. 1727 7.Cultural and historical resources. 1728 8.Imperiled species habitat maintenance, enhancement, 1729 restoration, or population restoration. 1730 (c)The land management plan shall, at a minimum, contain 1731 the following elements: 1732 1.A physical description of the land. 1733 2.A quantitative data description of the land which 1734 includes an inventory of forest and other natural resources; 1735 exotic and invasive plants; hydrological features; 1736 infrastructure, including recreational facilities; and other 1737 significant land, cultural, or historical features. The 1738 inventory shall reflect the number of acres for each resource 1739 and feature, when appropriate. The inventory shall be of such 1740 detail that objective measures and benchmarks can be established 1741 for each tract of land and monitored during the lifetime of the 1742 plan. All quantitative data collected shall be aggregated, 1743 standardized, collected, and presented in an electronic format 1744 to allow for uniform management reporting and analysis. The 1745 information collected by the Department of Environmental 1746 Protection pursuant to s. 253.0325(2) shall be available to the 1747 land manager and his or her assignee. 1748 3.A detailed description of each short-term and long-term 1749 land management goal, the associated measurable objectives, and 1750 the related activities that are to be performed to meet the land 1751 management objectives. Each land management objective must be 1752 addressed by the land management plan, and if practicable, a 1753 land management objective may not be performed to the detriment 1754 of the other land management objectives. 1755 4.A schedule of land management activities which contains 1756 short-term and long-term land management goals and the related 1757 measurable objective and activities. The schedule shall include 1758 for each activity a timeline for completion, quantitative 1759 measures, and detailed expense and manpower budgets. The 1760 schedule shall provide a management tool that facilitates 1761 development of performance measures. 1762 5.A summary budget for the scheduled land management 1763 activities of the land management plan. For state lands 1764 containing or anticipated to contain imperiled species habitat, 1765 the summary budget shall include any fees anticipated from 1766 public or private entities for projects to offset adverse 1767 impacts to imperiled species or such habitat, which fees shall 1768 be used solely to restore, manage, enhance, repopulate, or 1769 acquire imperiled species habitat. The summary budget shall be 1770 prepared in such manner that it facilitates computing an 1771 aggregate of land management costs for all state-managed lands 1772 using the categories described in s. 259.037(3). 1773 (d)Upon completion, the land management plan must be 1774 transmitted to the Acquisition and Restoration Council for 1775 review. The council shall have 90 days after receipt of the plan 1776 to review the plan and submit its recommendations to the board 1777 of trustees. During the review period, the land management plan 1778 may be revised if agreed to by the primary land manager and the 1779 council taking into consideration public input. The land 1780 management plan becomes effective upon approval by the board of 1781 trustees. 1782 (e)Land management plans are to be updated every 10 years 1783 on a rotating basis. Each updated land management plan must 1784 identify any conservation lands under the plan, in part or in 1785 whole, that are no longer needed for conservation purposes and 1786 could be disposed of in fee simple or with the state retaining a 1787 permanent conservation easement. 1788 (f)In developing land management plans, at least one 1789 public hearing shall be held in any one affected county. 1790 (g)The Division of State Lands shall make available to the 1791 public an electronic copy of each land management plan for 1792 parcels that exceed 160 acres in size. The division shall review 1793 each plan for compliance with the requirements of this 1794 subsection, the requirements of chapter 259, and the 1795 requirements of the rules adopted by the board of trustees 1796 pursuant to this section. The Acquisition and Restoration 1797 Council shall also consider the propriety of the recommendations 1798 of the managing entity with regard to the future use of the 1799 property, the protection of fragile or nonrenewable resources, 1800 the potential for alternative or multiple uses not recognized by 1801 the managing entity, and the possibility of disposal of the 1802 property by the board of trustees. After its review, the council 1803 shall submit the plan, along with its recommendations and 1804 comments, to the board of trustees. The council shall 1805 specifically recommend to the board of trustees whether to 1806 approve the plan as submitted, approve the plan with 1807 modifications, or reject the plan. If the council fails to make 1808 a recommendation for a land management plan, the Secretary of 1809 Environmental Protection, Commissioner of Agriculture, or 1810 executive director of the Fish and Wildlife Conservation 1811 Commission or their designees shall submit the land management 1812 plan to the board of trustees. 1813 (h)The board of trustees shall consider the land 1814 management plan submitted by each entity and the recommendations 1815 of the Acquisition and Restoration Council and the Division of 1816 State Lands and shall approve the plan with or without 1817 modification or reject such plan. The use or possession of any 1818 such lands that is not in accordance with an approved land 1819 management plan is subject to termination by the board of 1820 trustees. 1821 (i)1.State nonconservation lands shall be managed to 1822 provide the greatest benefit to the state. State nonconservation 1823 lands may be grouped by similar land use types under one land 1824 use plan. Each land use plan shall, at a minimum, contain the 1825 following elements: 1826 a.A physical description of the land to include any 1827 significant natural or cultural resources as well as management 1828 strategies developed by the land manager to protect such 1829 resources. 1830 b.A desired development outcome. 1831 c.A schedule for achieving the desired development 1832 outcome. 1833 d.A description of both short-term and long-term 1834 development goals. 1835 e.A management and control plan for invasive nonnative 1836 plants. 1837 f.A management and control plan for soil erosion and soil 1838 and water contamination. 1839 g.Measureable objectives to achieve the goals identified 1840 in the land use plan. 1841 2.Short-term goals shall be achievable within a 5-year 1842 planning period and long-term goals shall be achievable within a 1843 10-year planning period. 1844 3.The use or possession of any such lands that is not in 1845 accordance with an approved land use plan is subject to 1846 termination by the board of trustees. 1847 4.Land use plans submitted by a manager shall include 1848 reference to appropriate statutory authority for such use or 1849 uses and shall conform to the appropriate policies and 1850 guidelines of the state land management plan. 1851 Section 22.Subsection (1) of section 253.0341, Florida 1852 Statutes, is amended to read: 1853 253.0341Surplus of state-owned lands. 1854 (1)The board of trustees shall determine which lands, the 1855 title to which is vested in the board, may be surplused. For all 1856 conservation lands, the Acquisition and Restoration Council 1857 shall make a recommendation to the board of trustees, and the 1858 board of trustees shall determine whether the lands are no 1859 longer needed for conservation purposes. If the board of 1860 trustees determines the lands are no longer needed for 1861 conservation purposes, it may dispose of such lands by an 1862 affirmative vote of at least three members. In the case of a 1863 land exchange involving the disposition of conservation lands, 1864 the board of trustees must determine by an affirmative vote of 1865 at least three members that the exchange will result in a net 1866 positive conservation benefit. For all nonconservation lands, 1867 the board of trustees shall determine whether the lands are no 1868 longer needed. If the board of trustees determines the lands are 1869 no longer needed, it may dispose of such lands by an affirmative 1870 vote of at least three members. Local government requests for 1871 the state to surplus conservation or nonconservation lands, 1872 whether for purchase, or exchange, or any other means of 1873 transfer, must shall be expedited throughout the surplusing 1874 process. Property jointly acquired by the state and other 1875 entities may not be surplused without the consent of all joint 1876 owners. 1877 Section 23.Subsection (2) of section 288.101, Florida 1878 Statutes, is amended to read: 1879 288.101Florida Job Growth Grant Fund. 1880 (2)The department and Enterprise Florida, Inc., may 1881 identify projects, solicit proposals, and make funding 1882 recommendations to the Governor, who is authorized to approve: 1883 (a)State or local public infrastructure projects to 1884 promote: 1885 1.Economic recovery in specific regions of this the 1886 state;, 1887 2.Economic diversification;, or 1888 3.Economic enhancement in a targeted industry. 1889 (b)State or local public infrastructure projects to 1890 facilitate the development or construction of affordable 1891 housing. This paragraph is repealed July 1, 2033. 1892 (c)Infrastructure funding to accelerate the rehabilitation 1893 of the Herbert Hoover Dike. The department or the South Florida 1894 Water Management District may enter into agreements, as 1895 necessary, with the United States Army Corps of Engineers to 1896 implement this paragraph. 1897 (d)(c)Workforce training grants to support programs at 1898 state colleges and state technical centers that provide 1899 participants with transferable, sustainable workforce skills 1900 applicable to more than a single employer, and for equipment 1901 associated with these programs. The department shall work with 1902 CareerSource Florida, Inc., to ensure programs are offered to 1903 the public based on criteria established by the state college or 1904 state technical center and do not exclude applicants who are 1905 unemployed or underemployed. 1906 Section 24.Section 420.0003, Florida Statutes, is amended 1907 to read: 1908 (Substantial rewording of section. See 1909 s. 420.0003, F.S., for present text.) 1910 420.0003State housing strategy. 1911 (1)LEGISLATIVE INTENT.It is the intent of this act to 1912 articulate a state housing strategy that will carry the state 1913 toward the goal of ensuring that each Floridian has safe, 1914 decent, and affordable housing. This strategy must involve state 1915 and local governments working in partnership with communities 1916 and the private sector and must involve financial, as well as 1917 regulatory, commitment to accomplish this goal. 1918 (2)POLICIES. 1919 (a)Housing production and rehabilitation programs. 1920 Programs to encourage housing production or rehabilitation must 1921 be guided by the following general policies, as appropriate for 1922 the purpose of the specific program: 1923 1.State and local governments shall provide incentives to 1924 encourage the private sector to be the primary delivery vehicle 1925 for the development of affordable housing. When possible, state 1926 funds should be heavily leveraged to achieve the maximum 1927 federal, local, and private commitment of funds and be used to 1928 ensure long-term affordability. To the maximum extent possible, 1929 state funds should be expended to create new housing stock and 1930 be used for repayable loans rather than grants. Local incentives 1931 to stimulate private sector development of affordable housing 1932 may include establishment of density bonus incentives. 1933 2.State and local governments should consider and 1934 implement innovative solutions to housing issues where 1935 appropriate. Innovative solutions include, but are not limited 1936 to: 1937 a.Utilizing publicly held land to develop affordable 1938 housing through state or local land purchases, long-term land 1939 leasing, and school district affordable housing programs. To the 1940 maximum extent possible, state-owned lands that are appropriate 1941 for the development of affordable housing must be made available 1942 for that purpose. 1943 b.Community-led planning that focuses on urban infill, 1944 flexible zoning, redevelopment of commercial property into 1945 mixed-use property, resiliency, and furthering development in 1946 areas with preexisting public services, such as wastewater, 1947 transit, and schools. 1948 c.Project features that maximize efficiency in land and 1949 resource use, such as high density, high rise, and mixed use. 1950 d.Mixed-income projects that facilitate more diverse and 1951 successful communities. 1952 e.Modern housing concepts such as manufactured homes, tiny 1953 homes, 3D-printed homes, and accessory dwelling units. 1954 3.State funds should be available only to local 1955 governments that provide incentives or financial assistance for 1956 housing. State funding for housing should not be made available 1957 to local governments whose comprehensive plans have been found 1958 not in compliance with chapter 163 and who have not entered into 1959 a stipulated settlement agreement with the department to bring 1960 the plans into compliance. State funds should be made available 1961 only for projects consistent with the local governments 1962 comprehensive plan. 1963 4.Local governments are encouraged to enter into 1964 interlocal agreements, as appropriate, to coordinate strategies 1965 and maximize the use of state and local funds. 1966 5.State-funded development should emphasize use of 1967 developed land, urban infill, and the transformation of existing 1968 infrastructure in order to minimize sprawl, separation of 1969 housing from employment, and effects of increased housing on 1970 ecological preservation areas. Housing available to the states 1971 workforce should prioritize proximity to employment and 1972 services. 1973 (b)Public-private partnerships.Cost-effective public 1974 private partnerships must emphasize production and preservation 1975 of affordable housing. 1976 1.Data must be developed and maintained on the affordable 1977 housing activities of local governments, community-based 1978 organizations, and private developers. 1979 2.The state shall assist local governments and community 1980 based organizations by providing training and technical 1981 assistance. 1982 3.In coordination with local activities and with federal 1983 initiatives, the state shall provide incentives for public 1984 sector and private sector development of affordable housing. 1985 (c)Preservation of housing stock.The existing stock of 1986 affordable housing must be preserved and improved through 1987 rehabilitation programs and expanded neighborhood revitalization 1988 efforts to promote suitable living environments for individuals 1989 and families. 1990 (d)Unique housing needs.The wide range of need for safe, 1991 decent, and affordable housing must be addressed, with an 1992 emphasis on assisting the neediest persons. 1993 1.State housing programs must promote the self-sufficiency 1994 and economic dignity of the people of this state, including 1995 elderly persons and persons with disabilities. 1996 2.The housing requirements of special needs populations 1997 must be addressed through programs that promote a range of 1998 housing options bolstering integration with the community. 1999 3.All housing initiatives and programs must be 2000 nondiscriminatory. 2001 4.The geographic distribution of resources must provide 2002 for the development of housing in rural and urban areas. 2003 5.The important contribution of public housing to the 2004 well-being of citizens in need shall be acknowledged through 2005 efforts to continue and bolster existing programs. State and 2006 local government funds allocated to enhance public housing must 2007 be used to supplement, not supplant, federal support. 2008 (3)IMPLEMENTATION.The state, in carrying out the strategy 2009 articulated in this section, shall have the following duties: 2010 (a)State fiscal resources must be directed to achieve the 2011 following programmatic objectives: 2012 1.Effective technical assistance and capacity-building 2013 programs must be established at the state and local levels. 2014 2.The Shimberg Center for Housing Studies at the 2015 University of Florida shall develop and maintain statewide data 2016 on housing needs and production, provide technical assistance 2017 relating to real estate development and finance, operate an 2018 information clearinghouse on housing programs, and coordinate 2019 state housing initiatives with local government and federal 2020 programs. 2021 3.The corporation shall maintain a consumer-focused 2022 website for connecting tenants with affordable housing. 2023 (b)The long-range program plan of the department must 2024 include specific goals, objectives, and strategies that 2025 implement the housing policies in this section. 2026 (c)The Shimberg Center for Housing Studies at the 2027 University of Florida, in consultation with the department and 2028 the corporation, shall perform functions related to the research 2029 and planning for affordable housing. Functions must include 2030 quantifying affordable housing needs, documenting results of 2031 programs administered, and inventorying the supply of affordable 2032 housing units made available in this state. The recommendations 2033 required in this section and a report of any programmatic 2034 modifications made as a result of these policies must be 2035 included in the housing report required by s. 420.6075. The 2036 report must identify the needs of specific populations, 2037 including, but not limited to, elderly persons, persons with 2038 disabilities, and persons with special needs, and may recommend 2039 statutory modifications when appropriate. 2040 (d)The Office of Program Policy Analysis and Government 2041 Accountability (OPPAGA) shall evaluate affordable housing issues 2042 pursuant to the schedule set forth in this paragraph. OPPAGA may 2043 coordinate with and rely upon the expertise and research 2044 activities of the Shimberg Center for Housing Studies in 2045 conducting the evaluations. The analysis may include relevant 2046 reports prepared by the Shimberg Center for Housing Studies, the 2047 department, the corporation, and the provider of the Affordable 2048 Housing Catalyst Program; interviews with the agencies, 2049 providers, offices, developers, and other organizations related 2050 to the development and provision of affordable housing at the 2051 state and local levels; and any other relevant data. When 2052 appropriate, each report must recommend policy and statutory 2053 modifications for consideration by the Legislature. Each report 2054 must be submitted to the President of the Senate and the Speaker 2055 of the House of Representatives pursuant to the schedule. OPPAGA 2056 shall review and evaluate: 2057 1.By December 15, 2023, and every 5 years thereafter, 2058 innovative affordable housing strategies implemented by other 2059 states, their effectiveness, and their potential for 2060 implementation in this state. 2061 2.By December 15, 2024, and every 5 years thereafter, 2062 affordable housing policies enacted by local governments, their 2063 effectiveness, and which policies constitute best practices for 2064 replication across this state. The report must include a review 2065 and evaluation of the extent to which interlocal cooperation is 2066 used, effective, or hampered. 2067 3.By December 15, 2025, and every 5 years thereafter, 2068 existing state-level housing rehabilitation, production, 2069 preservation, and finance programs to determine their 2070 consistency with relevant policies in this section and 2071 effectiveness in providing affordable housing. The report must 2072 also include an evaluation of the degree of coordination between 2073 housing programs of this state, and between state, federal, and 2074 local housing activities, and shall recommend improved program 2075 linkages when appropriate. 2076 (e)The department and the corporation should conform the 2077 administrative rules for each housing program to the policies 2078 stated in this section, provided that such changes in the rules 2079 are consistent with the statutory intent or requirements for the 2080 program. This authority applies only to programs offering loans, 2081 grants, or tax credits and only to the extent that state 2082 policies are consistent with applicable federal requirements. 2083 Section 25.Subsection (36) of section 420.503, Florida 2084 Statutes, is amended to read: 2085 420.503Definitions.As used in this part, the term: 2086 (36)Qualified contract has the same meaning as in 26 2087 U.S.C. s. 42(h)(6)(F) in effect on the date of the preliminary 2088 determination certificate for the low-income housing tax credits 2089 for the development that is the subject of the qualified 2090 contract request, unless the Internal Revenue Code requires a 2091 different statute or regulation to apply to the development. The 2092 corporation shall deem a bona fide contract to be a qualified 2093 contract at the time the bona fide contract is presented to the 2094 owner and the initial second earnest money deposit is deposited 2095 in escrow in accordance with the terms of the bona fide 2096 contract, and, in such event, the corporation is deemed to have 2097 fulfilled its responsibility to present the owner with a 2098 qualified contract. 2099 Section 26.Subsection (3) and paragraph (a) of subsection 2100 (4) of section 420.504, Florida Statutes, are amended to read: 2101 420.504Public corporation; creation, membership, terms, 2102 expenses. 2103 (3)The corporation is a separate budget entity and is not 2104 subject to control, supervision, or direction by the department 2105 of Economic Opportunity in any manner, including, but not 2106 limited to, personnel, purchasing, transactions involving real 2107 or personal property, and budgetary matters. The corporation 2108 shall consist of a board of directors composed of the Secretary 2109 of Economic Opportunity as an ex officio and voting member, or a 2110 senior-level agency employee designated by the secretary, one 2111 member appointed by the President of the Senate, one member 2112 appointed by the Speaker of the House of Representatives, and 2113 eight members appointed by the Governor subject to confirmation 2114 by the Senate from the following: 2115 (a)One citizen actively engaged in the residential home 2116 building industry. 2117 (b)One citizen actively engaged in the banking or mortgage 2118 banking industry. 2119 (c)One citizen who is a representative of those areas of 2120 labor engaged in home building. 2121 (d)One citizen with experience in housing development who 2122 is an advocate for low-income persons. 2123 (e)One citizen actively engaged in the commercial building 2124 industry. 2125 (f)One citizen who is a former local government elected 2126 official. 2127 (g)Two citizens of the state who are not principally 2128 employed as members or representatives of any of the groups 2129 specified in paragraphs (a)-(f). 2130 (4)(a)Members of the corporation shall be appointed for 2131 terms of 4 years, except that any vacancy shall be filled for 2132 the unexpired term. Vacancies on the board shall be filled by 2133 appointment by the Governor, the President of the Senate, or the 2134 Speaker of the House of Representatives, respectively, depending 2135 on who appointed the member whose vacancy is to be filled or 2136 whose term has expired. 2137 Section 27.Subsection (30) of section 420.507, Florida 2138 Statutes, is amended to read: 2139 420.507Powers of the corporation.The corporation shall 2140 have all the powers necessary or convenient to carry out and 2141 effectuate the purposes and provisions of this part, including 2142 the following powers which are in addition to all other powers 2143 granted by other provisions of this part: 2144 (30)To prepare and submit to the Secretary of Economic 2145 Opportunity a budget request for purposes of the corporation, 2146 which request must shall, notwithstanding the provisions of 2147 chapter 216 and in accordance with s. 216.351, contain a request 2148 for operational expenditures and separate requests for other 2149 authorized corporation programs. The request must include, for 2150 informational purposes, the amount of state funds necessary to 2151 use all federal housing funds anticipated to be received by, or 2152 allocated to, the state in the fiscal year in order to maximize 2153 the production of new, affordable multifamily housing units in 2154 this state. The request need not contain information on the 2155 number of employees, salaries, or any classification thereof, 2156 and the approved operating budget therefor need not comply with 2157 s. 216.181(8)-(10). The secretary may include within the 2158 departments budget request the corporations budget request in 2159 the form as authorized by this section. 2160 Section 28.The amendment made by this act to s. 2161 420.507(30), Florida Statutes, expires July 1, 2033, and the 2162 text of that subsection shall revert to that in existence on 2163 June 30, 2023, except that any amendments to such text enacted 2164 other than by this act shall be preserved and continue to 2165 operate to the extent that such amendments are not dependent 2166 upon the portions of text which expire pursuant to this section. 2167 Section 29.Subsection (10) of section 420.5087, Florida 2168 Statutes, is amended to read: 2169 420.5087State Apartment Incentive Loan Program.There is 2170 hereby created the State Apartment Incentive Loan Program for 2171 the purpose of providing first, second, or other subordinated 2172 mortgage loans or loan guarantees to sponsors, including for 2173 profit, nonprofit, and public entities, to provide housing 2174 affordable to very-low-income persons. 2175 (10)The corporation may prioritize a portion of the 2176 program funds set aside under paragraph (3)(d) for persons with 2177 special needs as defined in s. 420.0004(13) to provide funding 2178 for the development of newly constructed permanent rental 2179 housing on a campus that provides housing for persons in foster 2180 care or persons aging out of foster care pursuant to s. 2181 409.1451. Such housing shall promote and facilitate access to 2182 community-based supportive, educational, and employment services 2183 and resources that assist persons aging out of foster care to 2184 successfully transition to independent living and adulthood. The 2185 corporation must consult with the Department of Children and 2186 Families to create minimum criteria for such housing. 2187 Section 30.Section 420.50871, Florida Statutes, is created 2188 to read: 2189 420.50871Allocation of increased revenues derived from 2190 amendments to s. 201.15 made by this act.Funds that result from 2191 increased revenues to the State Housing Trust Fund derived from 2192 amendments made to s. 201.15 made by this act must be used 2193 annually for projects under the State Apartment Incentive Loan 2194 Program under s. 420.5087 as set forth in this section, 2195 notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and 2196 (3). The Legislature intends for these funds to provide for 2197 innovative projects that provide affordable and attainable 2198 housing for persons and families working, going to school, or 2199 living in this state. Projects approved under this section are 2200 intended to provide housing that is affordable as defined in s. 2201 420.0004, notwithstanding the income limitations in s. 2202 420.5087(2). Beginning in the 2023-2024 fiscal year and annually 2203 for 10 years thereafter: 2204 (1)The corporation shall allocate 70 percent of the funds 2205 provided by this section to issue competitive requests for 2206 application for the affordable housing project purposes 2207 specified in this subsection. The corporation shall finance 2208 projects that: 2209 (a)Both redevelop an existing affordable housing 2210 development and provide for the construction of a new 2211 development within close proximity to the existing development 2212 to be rehabilitated. Each project must provide for building the 2213 new affordable housing development first, relocating the tenants 2214 of the existing development to the new development, and then 2215 demolishing the existing development for reconstruction of an 2216 affordable housing development with more overall and affordable 2217 units. 2218 (b)Address urban infill, including conversions of vacant, 2219 dilapidated, or functionally obsolete buildings or the use of 2220 underused commercial property. 2221 (c)Provide for mixed use of the location, incorporating 2222 nonresidential uses, such as retail, office, institutional, or 2223 other appropriate commercial or nonresidential uses. 2224 (d)Provide housing near military installations in this 2225 state, with preference given to projects that incorporate 2226 critical services for servicemembers, their families, and 2227 veterans, such as mental health treatment services, employment 2228 services, and assistance with transition from active-duty 2229 service to civilian life. 2230 (2)From the remaining funds, the corporation shall 2231 allocate the funds to issue competitive requests for application 2232 for any of the following affordable housing purposes specified 2233 in this subsection. The corporation shall finance projects that: 2234 (a)Propose using or leasing public lands. Projects that 2235 propose to use or lease public lands must include a resolution 2236 or other agreement with the unit of government owning the land 2237 to use the land for affordable housing purposes. 2238 (b)Address the needs of young adults who age out of the 2239 foster care system. 2240 (c)Meet the needs of elderly persons. 2241 (d)Provide housing to meet the needs in areas of rural 2242 opportunity, designated pursuant to s. 288.0656. 2243 (3)Under any request for application under this section, 2244 the corporation shall coordinate with the appropriate state 2245 department or agency and prioritize projects that provide for 2246 mixed-income developments. 2247 (4)This section does not prohibit the corporation from 2248 allocating additional funds to the purposes described in this 2249 section. In any fiscal year, if the funds allocated by the 2250 corporation to any request for application under subsections (1) 2251 and (2) are not fully used after the application and award 2252 processes are complete, the corporation may use those funds to 2253 supplement any future request for application under this 2254 section. 2255 (5)This section is repealed June 30, 2033. 2256 Section 31.The Division of Law Revision is directed to 2257 replace the phrase this act wherever it occurs in s. 2258 420.50871, Florida Statutes, as created by this act, with the 2259 assigned chapter number of this act. 2260 Section 32.Section 420.50872, Florida Statutes, is created 2261 to read: 2262 420.50872Live Local Program. 2263 (1)DEFINITIONS.As used in this section, the term: 2264 (a)Annual tax credit amount means, for any state fiscal 2265 year, the sum of the amount of tax credits approved under 2266 paragraph (3)(a), including tax credits to be taken under s. 2267 220.1878 or s. 624.51058, which are approved for taxpayers whose 2268 taxable years begin on or after January 1 of the calendar year 2269 preceding the start of the applicable state fiscal year. 2270 (b)Eligible contribution means a monetary contribution 2271 from a taxpayer, subject to the restrictions provided in this 2272 section, to the corporation for use in the State Apartment 2273 Incentive Loan Program under s. 420.5087. The taxpayer making 2274 the contribution may not designate a specific project, property, 2275 or geographic area of this state as the beneficiary of the 2276 eligible contribution. 2277 (c)Live Local Program means the program described in 2278 this section whereby eligible contributions are made to the 2279 corporation. 2280 (d)Tax credit cap amount means the maximum annual tax 2281 credit amount that the Department of Revenue may approve for a 2282 state fiscal year. 2283 (2)RESPONSIBILITIES OF THE CORPORATION.The corporation 2284 shall: 2285 (a)Expend 100 percent of eligible contributions received 2286 under this section for the State Apartment Incentive Loan 2287 Program under s. 420.5087. However, the corporation may use up 2288 to $25 million of eligible contributions to provide loans for 2289 the construction of large-scale projects of significant regional 2290 impact. Such projects must include a substantial civic, 2291 educational, or health care use and may include a commercial 2292 use, any of which must be incorporated within or contiguous to 2293 the project property. The projects must provide a number of 2294 multifamily rental units which exceeds the number of units in 2295 the largest multifamily project within 30 miles by 50 percent. 2296 Such a loan must be made, except as otherwise provided in this 2297 subsection, in accordance with the practices and policies of the 2298 State Apartment Incentive Loan Program. Such a loan is subject 2299 to the competitive application process and may not exceed 25 2300 percent of the total project cost. The corporation must find 2301 that the loan provides a unique opportunity for investment 2302 alongside local government participation that would enable 2303 creation of a significant amount of affordable housing. Projects 2304 approved under this section are intended to provide housing that 2305 is affordable as defined in s. 420.0004, notwithstanding the 2306 income limitations in s. 420.5087(2). 2307 (b)Upon receipt of an eligible contribution, provide the 2308 taxpayer that made the contribution with a certificate of 2309 contribution. A certificate of contribution must include the 2310 taxpayers name; its federal employer identification number, if 2311 available; the amount contributed; and the date of contribution. 2312 (c)Within 10 days after issuing a certificate of 2313 contribution, provide a copy to the Department of Revenue. 2314 (3)LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND 2315 LIMITATIONS. 2316 (a)Beginning in the 2023-2024 fiscal year, the tax credit 2317 cap amount is $100 million in each state fiscal year. 2318 (b)Beginning October 1, 2023, a taxpayer may submit an 2319 application to the Department of Revenue for an allocation of 2320 the tax credit cap for tax credits to be taken under either or 2321 both of s. 220.1878 or s. 624.51058. 2322 1.The taxpayer shall specify in the application each tax 2323 for which the taxpayer requests a credit and the applicable 2324 taxable year. For purposes of s. 220.1878, a taxpayer may apply 2325 for a credit to be used for a prior taxable year before the date 2326 the taxpayer is required to file a return for that year pursuant 2327 to s. 220.222. For purposes of s. 624.51058, a taxpayer may 2328 apply for a credit to be used for a prior taxable year before 2329 the date the taxpayer is required to file a return for that 2330 prior taxable year pursuant to ss. 624.509 and 624.5092. The 2331 Department of Revenue shall approve tax credits on a first-come, 2332 first-served basis. 2333 2.Within 10 days after approving or denying an 2334 application, the Department of Revenue shall provide a copy of 2335 its approval or denial letter to the corporation. 2336 (c)If a tax credit approved under paragraph (b) is not 2337 fully used for the specified taxable year for credits under s. 2338 220.1878 or s. 624.51058 because of insufficient tax liability 2339 on the part of the taxpayer, the unused amount may be carried 2340 forward for a period not to exceed 10 years. For purposes of s. 2341 220.1878, a credit carried forward may be used in a subsequent 2342 year after applying the other credits and unused carryovers in 2343 the order provided in s. 220.02(8). 2344 (d)A taxpayer may not convey, transfer, or assign an 2345 approved tax credit or a carryforward tax credit to another 2346 entity unless all of the assets of the taxpayer are conveyed, 2347 assigned, or transferred in the same transaction. However, a tax 2348 credit under s. 220.1878 or s. 624.51058 may be conveyed, 2349 transferred, or assigned between members of an affiliated group 2350 of corporations if the type of tax credit under s. 220.1878 or 2351 s. 624.51058 remains the same. A taxpayer shall notify the 2352 Department of Revenue of its intent to convey, transfer, or 2353 assign a tax credit to another member within an affiliated group 2354 of corporations. The amount conveyed, transferred, or assigned 2355 is available to another member of the affiliated group of 2356 corporations upon approval by the Department of Revenue. 2357 (e)Within any state fiscal year, a taxpayer may rescind 2358 all or part of a tax credit allocation approved under paragraph 2359 (b). The amount rescinded must become available for that state 2360 fiscal year to another eligible taxpayer as approved by the 2361 Department of Revenue if the taxpayer receives notice from the 2362 Department of Revenue that the rescindment has been accepted by 2363 the Department of Revenue. Any amount rescinded under this 2364 paragraph must become available to an eligible taxpayer on a 2365 first-come, first-served basis based on tax credit applications 2366 received after the date the rescindment is accepted by the 2367 Department of Revenue. 2368 (f)Within 10 days after approving or denying the 2369 conveyance, transfer, or assignment of a tax credit under 2370 paragraph (d), or the rescindment of a tax credit under 2371 paragraph (e), the Department of Revenue shall provide a copy of 2372 its approval or denial letter to the corporation. 2373 (g)For purposes of calculating the underpayment of 2374 estimated corporate income taxes under s. 220.34 and tax 2375 installment payments for taxes on insurance premiums or 2376 assessments under s. 624.5092, the final amount due is the 2377 amount after credits earned under s. 220.1878 or s. 624.51058 2378 for contributions to eligible charitable organizations are 2379 deducted. 2380 1.For purposes of determining if a penalty or interest 2381 under s. 220.34(2)(d)1. will be imposed for underpayment of 2382 estimated corporate income tax, a taxpayer may, after earning a 2383 credit under s. 220.1878, reduce any estimated payment in that 2384 taxable year by the amount of the credit. 2385 2.For purposes of determining if a penalty under s. 2386 624.5092 will be imposed, an insurer, after earning a credit 2387 under s. 624.51058 for a taxable year, may reduce any 2388 installment payment for such taxable year of 27 percent of the 2389 amount of the net tax due as reported on the return for the 2390 preceding year under s. 624.5092(2)(b) by the amount of the 2391 credit. 2392 (4)PRESERVATION OF CREDIT.If any provision or portion of 2393 this section, s. 220.1878, or s. 624.51058 or the application 2394 thereof to any person or circumstance is held unconstitutional 2395 by any court or is otherwise declared invalid, the 2396 unconstitutionality or invalidity does not affect any credit 2397 earned under s. 220.1878 or s. 624.51058 by any taxpayer with 2398 respect to any contribution paid to the Live Local Program 2399 before the date of a determination of unconstitutionality or 2400 invalidity. The credit must be allowed at such time and in such 2401 a manner as if a determination of unconstitutionality or 2402 invalidity had not been made, provided that nothing in this 2403 subsection by itself or in combination with any other provision 2404 of law may result in the allowance of any credit to any taxpayer 2405 in excess of $1 of credit for each dollar paid to an eligible 2406 charitable organization. 2407 (5)ADMINISTRATION; RULES. 2408 (a)The Department of Revenue and the corporation may 2409 develop a cooperative agreement to assist in the administration 2410 of this section, as needed. 2411 (b)The Department of Revenue may adopt rules necessary to 2412 administer this section, s. 220.1878, and s. 624.51058, 2413 including rules establishing application forms, procedures 2414 governing the approval of tax credits and carryforward tax 2415 credits under subsection (3), and procedures to be followed by 2416 taxpayers when claiming approved tax credits on their returns. 2417 (c)Notwithstanding any provision of s. 213.053 to the 2418 contrary, sharing information with the corporation related to 2419 this tax credit is considered the conduct of the Department of 2420 Revenues official duties as contemplated in s. 213.053(8)(c), 2421 and the Department of Revenue is specifically authorized to 2422 share information as needed to administer this program. 2423 (d)By August 15, 2023, and by each August 15 thereafter, 2424 the Department of Revenue shall determine the 500 taxpayers with 2425 the greatest total corporate income or franchise tax due as 2426 reported on the taxpayers return filed pursuant to s. 220.22 2427 during the previous calendar year and notify those taxpayers of 2428 the existence of the Live Local Program and the process for 2429 obtaining an allocation of the tax credit cap. The Department of 2430 Revenue shall confer with the corporation in the drafting of the 2431 notification. The Department of Revenue may provide this 2432 notification by electronic means. 2433 Section 33.Section 420.5096, Florida Statutes, is created 2434 to read: 2435 420.5096Florida Hometown Hero Program. 2436 (1)The Legislature finds that individual homeownership is 2437 vital to building long-term housing and financial security. With 2438 rising home prices, down payment and closing costs are often 2439 significant barriers to homeownership for working Floridians. 2440 Each person in Floridas hometown workforce is essential to 2441 creating thriving communities, and the Legislature finds that 2442 the ability of Floridians to reside within the communities in 2443 which they work is of great importance. Therefore, the 2444 Legislature finds that providing assistance to homebuyers in 2445 this state by reducing the amount of down payment and closing 2446 costs is a necessary step toward expanding access to 2447 homeownership and achieving safe, decent, and affordable housing 2448 for all Floridians. 2449 (2)The Florida Hometown Hero Program is created to assist 2450 Floridas hometown workforce in attaining homeownership by 2451 providing financial assistance to residents to purchase a home 2452 as their primary residence. Under the program, a borrower may 2453 apply to the corporation for a loan to reduce the amount of the 2454 down payment and closing costs paid by the borrower by a minimum 2455 of $10,000 and up to 5 percent of the first mortgage loan, not 2456 exceeding $35,000. Loans must be made available at a zero 2457 percent interest rate and must be made available for the term of 2458 the first mortgage. The balance of any loan is due at closing if 2459 the property is sold, refinanced, rented, or transferred, unless 2460 otherwise approved by the corporation. 2461 (3)For loans made available pursuant to s. 2462 420.507(23)(a)1. or 2., the corporation may underwrite and make 2463 those mortgage loans through the program to persons or families 2464 who have household incomes that do not exceed 150 percent of the 2465 state median income or local median income, whichever is 2466 greater. A borrower must be seeking to purchase a home as a 2467 primary residence; a first-time homebuyer and a Florida 2468 resident; and employed full-time by a Florida-based employer. 2469 The borrower must provide documentation of full-time employment, 2470 or full-time status for self-employed individuals, of 35 hours 2471 or more per week. The requirement to be a first-time homebuyer 2472 does not apply to a borrower who is an active duty servicemember 2473 of a branch of the armed forces or the Florida National Guard, 2474 as defined in s. 250.01, or a veteran. 2475 (4)Loans made under the Florida Hometown Hero Program may 2476 be used for the purchase of manufactured homes, as defined by s. 2477 320.01(2)(b), which were constructed after July 13, 1994. 2478 (5)This program is intended to be evergreen, and 2479 repayments for loans made under this program shall be retained 2480 within the program to make additional loans. 2481 Section 34.Subsection (3) is added to section 420.531, 2482 Florida Statutes, to read: 2483 420.531Affordable Housing Catalyst Program. 2484 (3)The corporation may contract with the entity providing 2485 statewide training and technical assistance to provide technical 2486 assistance to local governments to establish selection criteria 2487 and related provisions for requests for proposals or other 2488 competitive solicitations for use or lease of government-owned 2489 real property for affordable housing purposes. The entity 2490 providing statewide training and technical assistance may 2491 develop best practices or other key elements for successful use 2492 of public property for affordable housing, in conjunction with 2493 technical support provided under subsection (1). 2494 Section 35.Section 420.6075, Florida Statutes, is amended 2495 to read: 2496 420.6075Research and planning for affordable housing; 2497 annual housing report. 2498 (1)The research and planning functions of the department 2499 shall include the collection of data on the need for affordable 2500 housing in this state and the extent to which that need is being 2501 met through federal, state, and local programs, in order to 2502 facilitate planning to meet the housing needs in this state and 2503 to enable the development of sound strategies and programs for 2504 affordable housing. To fulfill this function, the Shimberg 2505 Center for Housing Studies Affordable Housing at the University 2506 of Florida shall perform the following functions: 2507 (a)Quantify affordable housing needs in this the state by 2508 analyzing available data, including information provided through 2509 the housing elements of local comprehensive plans, and identify 2510 revisions in the housing element data requirements that would 2511 result in more uniform, meaningful information being obtained. 2512 (b)Document the results since 1980 of all programs 2513 administered by the department which provide for or act as 2514 incentives for housing production or improvement. Data on 2515 program results must include the number of units produced and 2516 the unit cost under each program. 2517 (c)Inventory the supply of affordable housing units made 2518 available through federal, state, and local programs. Data on 2519 the geographic distribution of affordable units must show the 2520 availability of units in each county and municipality. 2521 (2)By December 31 of each year, the Shimberg Center for 2522 Housing Studies Affordable Housing shall submit to the 2523 Legislature an updated housing report describing the supply of 2524 and need for affordable housing. This annual housing report 2525 shall include: 2526 (a)A synopsis of training and technical assistance 2527 activities and community-based organization housing activities 2528 for the year. 2529 (b)A status report on the degree of progress toward 2530 meeting the housing objectives of the departments agency 2531 functional plan. 2532 (c)Recommended housing initiatives for the next fiscal 2533 year and recommended priorities for assistance to the various 2534 target populations within the spectrum of housing need. 2535 (3)The Shimberg Center for Housing Studies Affordable 2536 Housing shall: 2537 (a)Conduct research on program options to address the need 2538 for affordable housing. 2539 (b)Conduct research on training models to be replicated or 2540 adapted to meet the needs of community-based organizations and 2541 state and local government staff involved in housing 2542 development. 2543 Section 36.Paragraph (a) of subsection (1) of section 2544 553.792, Florida Statutes, is amended to read: 2545 553.792Building permit application to local government. 2546 (1)(a)Within 10 days of an applicant submitting an 2547 application to the local government, the local government shall 2548 advise the applicant what information, if any, is needed to deem 2549 the application properly completed in compliance with the filing 2550 requirements published by the local government. If the local 2551 government does not provide written notice that the applicant 2552 has not submitted the properly completed application, the 2553 application shall be automatically deemed properly completed and 2554 accepted. Within 45 days after receiving a completed 2555 application, a local government must notify an applicant if 2556 additional information is required for the local government to 2557 determine the sufficiency of the application, and shall specify 2558 the additional information that is required. The applicant must 2559 submit the additional information to the local government or 2560 request that the local government act without the additional 2561 information. While the applicant responds to the request for 2562 additional information, the 120-day period described in this 2563 subsection is tolled. Both parties may agree to a reasonable 2564 request for an extension of time, particularly in the event of a 2565 force majeure or other extraordinary circumstance. The local 2566 government must approve, approve with conditions, or deny the 2567 application within 120 days following receipt of a completed 2568 application. A local government shall maintain on its website a 2569 policy containing procedures and expectations for expedited 2570 processing of those building permits and development orders 2571 required by law to be expedited. 2572 Section 37.Subsection (7) of section 624.509, Florida 2573 Statutes, is amended to read: 2574 624.509Premium tax; rate and computation. 2575 (7)Credits and deductions against the tax imposed by this 2576 section shall be taken in the following order: deductions for 2577 assessments made pursuant to s. 440.51; credits for taxes paid 2578 under ss. 175.101 and 185.08; credits for income taxes paid 2579 under chapter 220 and the credit allowed under subsection (5), 2580 as these credits are limited by subsection (6); the credit 2581 allowed under s. 624.51057; the credit allowed under s. 2582 624.51058; all other available credits and deductions. 2583 Section 38.Paragraph (c) of subsection (1) of section 2584 624.5105, Florida Statutes, is amended to read: 2585 624.5105Community contribution tax credit; authorization; 2586 limitations; eligibility and application requirements; 2587 administration; definitions; expiration. 2588 (1)AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS. 2589 (c)The total amount of tax credit which may be granted for 2590 all programs approved under this section and ss. 212.08(5)(p) 2591 and 220.183 is $25 $14.5 million in the 2023-2024 2022-2023 2592 fiscal year and in each fiscal year thereafter for projects that 2593 provide housing opportunities for persons with special needs as 2594 defined in s. 420.0004 or homeownership opportunities for low 2595 income or very-low-income households as defined in s. 420.9071 2596 and $4.5 million in the 2022-2023 fiscal year and in each fiscal 2597 year thereafter for all other projects. 2598 Section 39.Section 624.51058, Florida Statutes, is created 2599 to read: 2600 624.51058Credit for contributions to the Live Local 2601 Program. 2602 (1)For taxable years beginning on or after January 1, 2603 2023, there is allowed a credit of 100 percent of an eligible 2604 contribution made to the Live Local Program under s. 420.50872 2605 against any tax due for a taxable year under s. 624.509(1) after 2606 deducting from such tax deductions for assessments made pursuant 2607 to s. 440.51; credits for taxes paid under ss. 175.101 and 2608 185.08; credits for income taxes paid under chapter 220; and the 2609 credit allowed under s. 624.509(5), as such credit is limited by 2610 s. 624.509(6). An eligible contribution must be made to the Live 2611 Local Program on or before the date the taxpayer is required to 2612 file a return pursuant to ss. 624.509 and 624.5092. An insurer 2613 claiming a credit against premium tax liability under this 2614 section is not required to pay any additional retaliatory tax 2615 levied under s. 624.5091 as a result of claiming such credit. 2616 Section 624.5091 does not limit such credit in any manner. 2617 (2)Section 420.50872 applies to the credit authorized by 2618 this section. 2619 Section 40.(1)The Department of Revenue is authorized, 2620 and all conditions are deemed met, to adopt emergency rules 2621 under s. 120.54(4), Florida Statutes, for the purpose of 2622 implementing provisions related to the Live Local Program 2623 created by this act. Notwithstanding any other law, emergency 2624 rules adopted under this section are effective for 6 months 2625 after adoption and may be renewed during the pendency of 2626 procedures to adopt permanent rules addressing the subject of 2627 the emergency rules. 2628 (2)This section expires July 1, 2026. 2629 Section 41.For the 2023-2024 fiscal year, the sum of $100 2630 million in nonrecurring funds from the General Revenue Fund is 2631 appropriated to the Florida Housing Finance Corporation to 2632 implement the Florida Hometown Hero Housing Program established 2633 in s. 420.5096, Florida Statutes, as created by this act. 2634 Section 42.For the 2023-2024 fiscal year, the sum of $252 2635 million in nonrecurring funds from the Local Government Housing 2636 Trust Fund is appropriated in the Grants and Aids - Housing 2637 Finance Corporation (HFC) - State Housing Initiatives 2638 Partnership (SHIP) Program appropriation category to the Florida 2639 Housing Finance Corporation. 2640 Section 43.For the 2023-2024 fiscal year, the sum of $150 2641 million in recurring funds and $109 million in nonrecurring 2642 funds from the State Housing Trust Fund is appropriated in the 2643 Grants and Aids - Housing Finance Corporation (HFC) - Affordable 2644 Housing Programs appropriation category to the Florida Housing 2645 Finance Corporation. The recurring funds are appropriated to 2646 implement s. 420.50871, Florida Statutes, as created by this 2647 act. 2648 Section 44.For the 2022-2023 fiscal year, the sum of $100 2649 million in nonrecurring funds from the General Revenue Fund is 2650 appropriated to the Florida Housing Finance Corporation to 2651 implement a competitive assistance loan program for new 2652 construction projects in the development pipeline that have not 2653 commenced construction and are experiencing verifiable cost 2654 increases due to market inflation. These funds are intended to 2655 support the corporations efforts to maintain the viability of 2656 projects in the development pipeline as the unprecedented 2657 economic factors coupled with the housing crisis makes it of 2658 upmost importance to deliver much-needed affordable housing 2659 units in communities in a timely manner. Eligible projects are 2660 those that accepted an invitation to enter credit underwriting 2661 by the corporation for funding during the period of time of July 2662 1, 2020, through June 30, 2022. The corporation may establish 2663 such criteria and application processes as necessary to 2664 implement this section. The unexpended balance of funds 2665 appropriated to the corporation as of June 30, 2023, shall 2666 revert and is appropriated to the corporation for the same 2667 purpose for the 2023-2024 fiscal year. Any funds not awarded by 2668 December 1, 2023, must be used for the State Apartment Incentive 2669 Loan Program under s. 420.5087, Florida Statutes. This section 2670 is effective upon becoming a law. 2671 Section 45.The Legislature finds and declares that this 2672 act fulfills an important state interest. 2673 Section 46.Except as otherwise expressly provided in this 2674 act and except for this section, which shall take effect upon 2675 becoming a law, this act shall take effect July 1, 2023.