Florida Senate Bill S0102 Comm Sub / Bill

 Florida Senate - 2023 CS for SB 102  By the Committee on Appropriations; and Senators Calatayud, Rouson, Hooper, Osgood, and Rodriguez 576-02172-23 2023102c1 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 certain 10 housing developments; providing for future expiration; 11 amending s. 125.379, F.S.; revising the date by which 12 counties must prepare inventory lists of real 13 property; requiring counties to make the inventory 14 lists publicly available on their websites; 15 authorizing counties to use certain properties for 16 affordable housing through a long-term land lease; 17 revising requirements for counties relating to 18 inventory lists of certain property for affordable 19 housing; providing that counties are encouraged to 20 adopt best practices for surplus land programs; 21 amending s. 166.04151, F.S.; revising applicability 22 for areas of critical state concern; specifying 23 requirements for, and restrictions on, municipalities 24 in approving applications for certain housing 25 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; requiring the 72 property appraiser to take certain action in response 73 to an improperly granted exemption; providing a 74 penalty; providing applicability; amending s. 201.15, 75 F.S.; suspending, for a specified period, the General 76 Revenue Fund service charge on documentary stamp tax 77 collections; providing for specified amounts of such 78 collections to be credited to the State Housing Trust 79 Fund for certain purposes; providing for certain 80 amounts to be credited to the General Revenue Fund 81 under certain circumstances; prohibiting the transfer 82 of such funds to the General Revenue Fund in the 83 General Appropriations Act; providing for the future 84 expiration and reversion of specified statutory text; 85 amending s. 212.08, F.S.; revising the total amount of 86 community contribution tax credits which may be 87 granted for certain projects; defining terms; 88 providing a sales tax exemption for building materials 89 used in the construction of affordable housing units; 90 defining terms; specifying eligibility requirements; 91 specifying requirements for applying for a sales tax 92 refund with the Department of Revenue; specifying 93 requirements for and limitations on refunds; providing 94 requirements for the department in issuing refunds; 95 authorizing the department to adopt rules; providing 96 applicability; amending s. 213.053, F.S.; authorizing 97 the department to make certain information available 98 to the corporation to administer the Live Local 99 Program; creating s. 215.212, F.S.; prohibiting the 100 deduction of the General Revenue Fund service charge 101 on documentary stamp tax proceeds; providing for 102 future repeal; amending s. 215.22, F.S.; conforming a 103 provision to changes made by the act; providing for 104 the future expiration and reversion of specified 105 statutory text; amending s. 220.02, F.S.; specifying 106 the order of application of Live Local Program tax 107 credits against the state corporate income tax; 108 amending s. 220.13, F.S.; specifying requirements for 109 the addition to adjusted federal income of amounts 110 taken as a credit under the Live Local Program; 111 amending s. 220.183, F.S.; conforming a provision to 112 changes made by the act; amending s. 220.186, F.S.; 113 providing applicability of Live Local Program tax 114 credits to the Florida alternative minimum tax credit; 115 creating s. 220.1878, F.S.; providing a credit against 116 the state corporate income tax under the Live Local 117 Program; specifying requirements and procedures for 118 making eligible contributions and claiming the credit; 119 amending s. 220.222, F.S.; requiring returns filed in 120 connection with the Live Local Program tax credits to 121 include the amount of certain credits; amending s. 122 253.034, F.S.; modifying requirements for the analysis 123 included in land use plans; making technical changes; 124 amending s. 253.0341, F.S.; requiring that local 125 government requests for the state to surplus 126 conservation or nonconservation lands for any means of 127 transfer be expedited throughout the surplusing 128 process; amending s. 288.101, F.S.; authorizing the 129 Governor, under the Florida Job Growth Grant Fund, to 130 approve state or local public infrastructure projects 131 to facilitate the development or construction of 132 affordable housing; providing for future repeal; 133 amending s. 420.0003, F.S.; revising legislative 134 intent for, and policies of, the state housing 135 strategy; revising requirements for the implementation 136 of the strategy; revising duties of the Shimberg 137 Center for Housing Studies at the University of 138 Florida; requiring the Office of Program Policy 139 Analysis and Government Accountability to evaluate 140 specified strategies, policies, and programs at 141 specified intervals; specifying requirements for the 142 offices analyses; authorizing rule amendments; 143 amending s. 420.503, F.S.; revising the definition of 144 the term qualified contract for purposes of the 145 Florida Housing Finance Corporation Act; amending s. 146 420.504, F.S.; revising the composition of the 147 corporations board of directors; providing 148 specifications for filling vacancies on the board of 149 directors; amending s. 420.507, F.S.; specifying a 150 requirement for the corporations annual budget 151 request to the Secretary of Economic Opportunity; 152 providing for the future expiration and reversion of 153 specified statutory text; amending s. 420.5087, F.S.; 154 revising prioritization of funds for the State 155 Apartment Incentive Loan Program; creating s. 156 420.50871, F.S.; specifying requirements for, and 157 authorized actions by, the corporation in allocating 158 certain increased revenues during specified fiscal 159 years to finance certain housing projects; providing 160 construction; providing for future repeal; providing a 161 directive to the Division of Law Revision; creating s. 162 420.50872, F.S.; defining terms; creating the Live 163 Local Program; specifying responsibilities of the 164 corporation; specifying the annual tax credit cap; 165 specifying requirements for applying for tax credits 166 with the department; providing requirements for the 167 carryforward of credits; specifying restrictions on, 168 and requirements for, the conveyance, transfer, or 169 assignment of credits; providing requirements and 170 procedures for the rescindment of credits; specifying 171 procedures for calculating underpayments and 172 penalties; providing construction; authorizing the 173 department and the corporation to develop a 174 cooperative agreement; authorizing the department to 175 adopt rules; requiring the department to annually 176 notify certain taxpayers of certain information; 177 creating s. 420.5096, F.S.; providing legislative 178 findings; creating the Florida Hometown Hero Program 179 for a specified purpose; authorizing the corporation 180 to underwrite and make certain mortgage loans; 181 specifying terms for such loans and requirements for 182 borrowers; authorizing loans made under the program to 183 be used for the purchase of certain manufactured 184 homes; providing construction; amending s. 420.531, 185 F.S.; authorizing the Florida Housing Corporation to 186 contract with certain entities to provide technical 187 assistance to local governments in establishing 188 selection criteria for proposals to use certain 189 property for affordable housing purposes; amending s. 190 420.6075, F.S.; making technical changes; amending s. 191 553.792, F.S.; requiring local governments to maintain 192 on their websites a policy relating to the expedited 193 processing of certain building permits and development 194 orders; amending s. 624.509, F.S.; specifying the 195 order of application of Live Local Program tax credits 196 against the insurance premium tax; amending s. 197 624.5105, F.S.; conforming a provision to changes made 198 by the act; creating s. 624.51058, F.S.; providing a 199 credit against the insurance premium tax under the 200 Live Local Program; providing a requirement for making 201 eligible contributions; providing construction; 202 providing applicability; exempting a certain 203 initiative from certain evacuation time constraints; 204 specifying that certain comprehensive plan amendments 205 are valid; authorizing certain local governments to 206 adopt local ordinances or regulations for certain 207 purposes; authorizing the department to adopt 208 emergency rules; providing for future expiration of 209 such rulemaking authority; providing appropriations; 210 providing a declaration of important state interest; 211 providing effective dates. 212 213 Be It Enacted by the Legislature of the State of Florida: 214 215 Section 1.This act may be cited as the Live Local Act. 216 Section 2.Section 125.0103, Florida Statutes, is amended 217 to read: 218 125.0103Ordinances and rules imposing price controls; 219 findings required; procedures. 220 (1)(a)Except as hereinafter provided, a no county, 221 municipality, or other entity of local government may not shall 222 adopt or maintain in effect an ordinance or a rule that which 223 has the effect of imposing price controls upon a lawful business 224 activity that which is not franchised by, owned by, or under 225 contract with, the governmental agency, unless specifically 226 provided by general law. 227 (b)This section does not prevent the enactment by local 228 governments of public service rates otherwise authorized by law, 229 including water, sewer, solid waste, public transportation, 230 taxicab, or port rates, rates for towing of vehicles or vessels 231 from or immobilization of vehicles or vessels on private 232 property, or rates for removal and storage of wrecked or 233 disabled vehicles or vessels from an accident scene or the 234 removal and storage of vehicles or vessels in the event the 235 owner or operator is incapacitated, unavailable, leaves the 236 procurement of wrecker service to the law enforcement officer at 237 the scene, or otherwise does not consent to the removal of the 238 vehicle or vessel. 239 (c)Counties must establish maximum rates which may be 240 charged on the towing of vehicles or vessels from or 241 immobilization of vehicles or vessels on private property, 242 removal and storage of wrecked or disabled vehicles or vessels 243 from an accident scene or for the removal and storage of 244 vehicles or vessels, in the event the owner or operator is 245 incapacitated, unavailable, leaves the procurement of wrecker 246 service to the law enforcement officer at the scene, or 247 otherwise does not consent to the removal of the vehicle or 248 vessel. However, if a municipality chooses to enact an ordinance 249 establishing the maximum rates for the towing or immobilization 250 of vehicles or vessels as described in paragraph (b), the 251 countys ordinance does shall not apply within such 252 municipality. 253 (2)No law, ordinance, rule, or other measure which would 254 have the effect of imposing controls on rents shall be adopted 255 or maintained in effect except as provided herein and unless it 256 is found and determined, as hereinafter provided, that such 257 controls are necessary and proper to eliminate an existing 258 housing emergency which is so grave as to constitute a serious 259 menace to the general public. 260 (3)Any law, ordinance, rule, or other measure which has 261 the effect of imposing controls on rents shall terminate and 262 expire within 1 year and shall not be extended or renewed except 263 by the adoption of a new measure meeting all the requirements of 264 this section. 265 (4)Notwithstanding any other provisions of this section, 266 no controls shall be imposed on rents for any accommodation used 267 or offered for residential purposes as a seasonal or tourist 268 unit, as a second housing unit, or on rents for dwelling units 269 located in luxury apartment buildings. For the purposes of this 270 section, a luxury apartment building is one wherein on January 271 1, 1977, the aggregate rent due on a monthly basis from all 272 dwelling units as stated in leases or rent lists existing on 273 that date divided by the number of dwelling units exceeds $250. 274 (5)A No municipality, county, or other entity of local 275 government may not shall adopt or maintain in effect any law, 276 ordinance, rule, or other measure that which would have the 277 effect of imposing controls on rents unless: 278 (a)Such measure is duly adopted by the governing body of 279 such entity of local government, after notice and public 280 hearing, in accordance with all applicable provisions of the 281 Florida and United States Constitutions, the charter or charters 282 governing such entity of local government, this section, and any 283 other applicable laws. 284 (b)Such governing body makes and recites in such measure 285 its findings establishing the existence in fact of a housing 286 emergency so grave as to constitute a serious menace to the 287 general public and that such controls are necessary and proper 288 to eliminate such grave housing emergency. 289 (c)Such measure is approved by the voters in such 290 municipality, county, or other entity of local government. 291 (6)In any court action brought to challenge the validity 292 of rent control imposed pursuant to the provisions of this 293 section, the evidentiary effect of any findings or recitations 294 required by subsection (5) shall be limited to imposing upon any 295 party challenging the validity of such measure the burden of 296 going forward with the evidence, and the burden of proof (that 297 is, the risk of nonpersuasion) shall rest upon any party seeking 298 to have the measure upheld. 299 (3)(7)Notwithstanding any other provisions of this 300 section, municipalities, counties, or other entities of local 301 government may adopt and maintain in effect any law, ordinance, 302 rule, or other measure which is adopted for the purposes of 303 increasing the supply of affordable housing using land use 304 mechanisms such as inclusionary housing ordinances. 305 Section 3.Subsections (5) and (6) of section 125.01055, 306 Florida Statutes, are amended, and subsection (7) is added to 307 that section, to read: 308 125.01055Affordable housing. 309 (5)Subsection (4) (2) does not apply in an area of 310 critical state concern, as designated in s. 380.0552. 311 (6)Notwithstanding any other law or local ordinance or 312 regulation to the contrary, the board of county commissioners 313 may approve the development of housing that is affordable, as 314 defined in s. 420.0004, including, but not limited to, a mixed 315 use residential development, on any parcel zoned for 316 residential, commercial, or industrial use. If a parcel is zoned 317 for commercial or industrial use, an approval pursuant to this 318 subsection may include any residential development project, 319 including a mixed-use residential development project, so long 320 as at least 10 percent of the units included in the project are 321 for housing that is affordable and the developer of the project 322 agrees not to apply for or receive funding under s. 420.5087. 323 The provisions of this subsection are self-executing and do not 324 require the board of county commissioners to adopt an ordinance 325 or a regulation before using the approval process in this 326 subsection. 327 (7)(a)A county must authorize multifamily and mixed-use 328 residential as allowable uses in any area zoned for commercial 329 or mixed use if at least 40 percent of the residential units in 330 a proposed multifamily rental development are, for a period of 331 at least 30 years, affordable as defined in s. 420.0004. 332 Notwithstanding any other law, local ordinance, or regulation to 333 the contrary, a county may not require a proposed multifamily 334 development to obtain a zoning or land use change, special 335 exception, conditional use approval, variance, or comprehensive 336 plan amendment for the building height, zoning, and densities 337 authorized under this subsection. For mixed-use residential 338 projects, at least 65 percent of the total square footage must 339 be used for residential purposes. 340 (b)A county may not restrict the density of a proposed 341 development authorized under this subsection below the highest 342 allowed density on any unincorporated land in the county where 343 residential development is allowed. 344 (c)A county may not restrict the height of a proposed 345 development authorized under this subsection below the highest 346 currently allowed height for a commercial or residential 347 development located in its jurisdiction within 1 mile of the 348 proposed development or 3 stories, whichever is higher. 349 (d)A proposed development authorized under this subsection 350 must be administratively approved and no further action by the 351 board of county commissioners is required if the development 352 satisfies the countys land development regulations for 353 multifamily developments in areas zoned for such use and is 354 otherwise consistent with the comprehensive plan, with the 355 exception of provisions establishing allowable densities, 356 height, and land use. Such land development regulations include, 357 but are not limited to, regulations relating to setbacks and 358 parking requirements. 359 (e)A county must consider reducing parking requirements 360 for a proposed development authorized under this subsection if 361 the development is located within one-half mile of a major 362 transit stop, as defined in the countys land development code, 363 and the major transit stop is accessible from the development. 364 (f)Except as otherwise provided in this subsection, a 365 development authorized under this subsection must comply with 366 all applicable state and local laws and regulations. 367 (g)This subsection expires October 1, 2033. 368 Section 4.Section 125.379, Florida Statutes, is amended to 369 read: 370 125.379Disposition of county property for affordable 371 housing. 372 (1)By October 1, 2023 July 1, 2007, and every 3 years 373 thereafter, each county shall prepare an inventory list of all 374 real property within its jurisdiction to which the county or any 375 dependent special district within its boundaries holds fee 376 simple title which that is appropriate for use as affordable 377 housing. The inventory list must include the address and legal 378 description of each such real property and specify whether the 379 property is vacant or improved. The governing body of the county 380 must review the inventory list at a public hearing and may 381 revise it at the conclusion of the public hearing. The governing 382 body of the county shall adopt a resolution that includes an 383 inventory list of such property following the public hearing. 384 Each county shall make the inventory list publicly available on 385 its website to encourage potential development. 386 (2)The properties identified as appropriate for use as 387 affordable housing on the inventory list adopted by the county 388 may be used for affordable housing through a long-term land 389 lease requiring the development and maintenance of affordable 390 housing, offered for sale and the proceeds used to purchase land 391 for the development of affordable housing or to increase the 392 local government fund earmarked for affordable housing, or may 393 be sold with a restriction that requires the development of the 394 property as permanent affordable housing, or may be donated to a 395 nonprofit housing organization for the construction of permanent 396 affordable housing. Alternatively, the county or special 397 district may otherwise make the property available for use for 398 the production and preservation of permanent affordable housing. 399 For purposes of this section, the term affordable has the same 400 meaning as in s. 420.0004(3). 401 (3)Counties are encouraged to adopt best practices for 402 surplus land programs, including, but not limited to: 403 (a)Establishing eligibility criteria for the receipt or 404 purchase of surplus land by developers; 405 (b)Making the process for requesting surplus lands 406 publicly available; and 407 (c)Ensuring long-term affordability through ground leases 408 by retaining the right of first refusal to purchase property 409 that would be sold or offered at market rate and by requiring 410 reversion of property not used for affordable housing within a 411 certain timeframe. 412 Section 5.Subsections (5) and (6) of section 166.04151, 413 Florida Statutes, are amended, and subsection (7) is added to 414 that section, to read: 415 166.04151Affordable housing. 416 (5)Subsection (4) (2) does not apply in an area of 417 critical state concern, as designated by s. 380.0552 or chapter 418 28-36, Florida Administrative Code. 419 (6)Notwithstanding any other law or local ordinance or 420 regulation to the contrary, the governing body of a municipality 421 may approve the development of housing that is affordable, as 422 defined in s. 420.0004, including, but not limited to, a mixed 423 use residential development, on any parcel zoned for 424 residential, commercial, or industrial use. If a parcel is zoned 425 for commercial or industrial use, an approval pursuant to this 426 subsection may include any residential development project, 427 including a mixed-use residential development project, so long 428 as at least 10 percent of the units included in the project are 429 for housing that is affordable and the developer of the project 430 agrees not to apply for or receive funding under s. 420.5087. 431 The provisions of this subsection are self-executing and do not 432 require the governing body to adopt an ordinance or a regulation 433 before using the approval process in this subsection. 434 (7)(a)A municipality must authorize multifamily and mixed 435 use residential as allowable uses in any area zoned for 436 commercial or mixed use if at least 40 percent of the 437 residential units in a proposed multifamily rental development 438 are, for a period of at least 30 years, affordable as defined in 439 s. 420.0004. Notwithstanding any other law, local ordinance, or 440 regulation to the contrary, a municipality may not require a 441 proposed multifamily development to obtain a zoning or land use 442 change, special exception, conditional use approval, variance, 443 or comprehensive plan amendment for the building height, zoning, 444 and densities authorized under this subsection. For mixed-use 445 residential projects, at least 65 percent of the total square 446 footage must be used for residential purposes. 447 (b)A municipality may not restrict the density of a 448 proposed development authorized under this subsection below the 449 highest allowed density on any land in the municipality where 450 residential development is allowed. 451 (c)A municipality may not restrict the height of a 452 proposed development authorized under this subsection below the 453 highest currently allowed height for a commercial or residential 454 development located in its jurisdiction within 1 mile of the 455 proposed development or 3 stories, whichever is higher. 456 (d)A proposed development authorized under this subsection 457 must be administratively approved and no further action by the 458 governing body of the municipality is required if the 459 development satisfies the municipalitys land development 460 regulations for multifamily developments in areas zoned for such 461 use and is otherwise consistent with the comprehensive plan, 462 with the exception of provisions establishing allowable 463 densities, height, and land use. Such land development 464 regulations include, but are not limited to, regulations 465 relating to setbacks and parking requirements. 466 (e)A municipality must consider reducing parking 467 requirements for a proposed development authorized under this 468 subsection if the development is located within one-half mile of 469 a major transit stop, as defined in the municipalitys land 470 development code, and the major transit stop is accessible from 471 the development. 472 (f)Except as otherwise provided in this subsection, a 473 development authorized under this subsection must comply with 474 all applicable state and local laws and regulations. 475 (g)This subsection expires October 1, 2033. 476 Section 6.Section 166.043, Florida Statutes, is amended to 477 read: 478 166.043Ordinances and rules imposing price controls; 479 findings required; procedures. 480 (1)(a)Except as hereinafter provided, a no county, 481 municipality, or other entity of local government may not shall 482 adopt or maintain in effect an ordinance or a rule that which 483 has the effect of imposing price controls upon a lawful business 484 activity that which is not franchised by, owned by, or under 485 contract with, the governmental agency, unless specifically 486 provided by general law. 487 (b)This section does not prevent the enactment by local 488 governments of public service rates otherwise authorized by law, 489 including water, sewer, solid waste, public transportation, 490 taxicab, or port rates, rates for towing of vehicles or vessels 491 from or immobilization of vehicles or vessels on private 492 property, or rates for removal and storage of wrecked or 493 disabled vehicles or vessels from an accident scene or the 494 removal and storage of vehicles or vessels in the event the 495 owner or operator is incapacitated, unavailable, leaves the 496 procurement of wrecker service to the law enforcement officer at 497 the scene, or otherwise does not consent to the removal of the 498 vehicle or vessel. 499 (c)Counties must establish maximum rates which may be 500 charged on the towing of vehicles or vessels from or 501 immobilization of vehicles or vessels on private property, 502 removal and storage of wrecked or disabled vehicles or vessels 503 from an accident scene or for the removal and storage of 504 vehicles or vessels, in the event the owner or operator is 505 incapacitated, unavailable, leaves the procurement of wrecker 506 service to the law enforcement officer at the scene, or 507 otherwise does not consent to the removal of the vehicle or 508 vessel. However, if a municipality chooses to enact an ordinance 509 establishing the maximum rates for the towing or immobilization 510 of vehicles or vessels as described in paragraph (b), the 511 countys ordinance established under s. 125.0103 does shall not 512 apply within such municipality. 513 (2)No law, ordinance, rule, or other measure which would 514 have the effect of imposing controls on rents shall be adopted 515 or maintained in effect except as provided herein and unless it 516 is found and determined, as hereinafter provided, that such 517 controls are necessary and proper to eliminate an existing 518 housing emergency which is so grave as to constitute a serious 519 menace to the general public. 520 (3)Any law, ordinance, rule, or other measure which has 521 the effect of imposing controls on rents shall terminate and 522 expire within 1 year and shall not be extended or renewed except 523 by the adoption of a new measure meeting all the requirements of 524 this section. 525 (4)Notwithstanding any other provisions of this section, 526 no controls shall be imposed on rents for any accommodation used 527 or offered for residential purposes as a seasonal or tourist 528 unit, as a second housing unit, or on rents for dwelling units 529 located in luxury apartment buildings. For the purposes of this 530 section, a luxury apartment building is one wherein on January 531 1, 1977, the aggregate rent due on a monthly basis from all 532 dwelling units as stated in leases or rent lists existing on 533 that date divided by the number of dwelling units exceeds $250. 534 (5)A No municipality, county, or other entity of local 535 government may not shall adopt or maintain in effect any law, 536 ordinance, rule, or other measure that which would have the 537 effect of imposing controls on rents unless: 538 (a)Such measure is duly adopted by the governing body of 539 such entity of local government, after notice and public 540 hearing, in accordance with all applicable provisions of the 541 Florida and United States Constitutions, the charter or charters 542 governing such entity of local government, this section, and any 543 other applicable laws. 544 (b)Such governing body makes and recites in such measure 545 its findings establishing the existence in fact of a housing 546 emergency so grave as to constitute a serious menace to the 547 general public and that such controls are necessary and proper 548 to eliminate such grave housing emergency. 549 (c)Such measure is approved by the voters in such 550 municipality, county, or other entity of local government. 551 (6)In any court action brought to challenge the validity 552 of rent control imposed pursuant to the provisions of this 553 section, the evidentiary effect of any findings or recitations 554 required by subsection (5) shall be limited to imposing upon any 555 party challenging the validity of such measure the burden of 556 going forward with the evidence, and the burden of proof (that 557 is, the risk of nonpersuasion) shall rest upon any party seeking 558 to have the measure upheld. 559 (3)(7)Notwithstanding any other provisions of this 560 section, municipalities, counties, or other entity of local 561 government may adopt and maintain in effect any law, ordinance, 562 rule, or other measure which is adopted for the purposes of 563 increasing the supply of affordable housing using land use 564 mechanisms such as inclusionary housing ordinances. 565 Section 7.Section 166.0451, Florida Statutes, is amended 566 to read: 567 166.0451Disposition of municipal property for affordable 568 housing. 569 (1)By October 1, 2023 July 1, 2007, and every 3 years 570 thereafter, each municipality shall prepare an inventory list of 571 all real property within its jurisdiction to which the 572 municipality or any dependent special district within its 573 boundaries holds fee simple title which that is appropriate for 574 use as affordable housing. The inventory list must include the 575 address and legal description of each such property and specify 576 whether the property is vacant or improved. The governing body 577 of the municipality must review the inventory list at a public 578 hearing and may revise it at the conclusion of the public 579 hearing. Following the public hearing, the governing body of the 580 municipality shall adopt a resolution that includes an inventory 581 list of such property. Each municipality shall make the 582 inventory list publicly available on its website to encourage 583 potential development. 584 (2)The properties identified as appropriate for use as 585 affordable housing on the inventory list adopted by the 586 municipality may be used for affordable housing through a long 587 term land lease requiring the development and maintenance of 588 affordable housing, offered for sale and the proceeds may be 589 used to purchase land for the development of affordable housing 590 or to increase the local government fund earmarked for 591 affordable housing, or may be sold with a restriction that 592 requires the development of the property as permanent affordable 593 housing, or may be donated to a nonprofit housing organization 594 for the construction of permanent affordable housing. 595 Alternatively, the municipality or special district may 596 otherwise make the property available for use for the production 597 and preservation of permanent affordable housing. For purposes 598 of this section, the term affordable has the same meaning as 599 in s. 420.0004(3). 600 (3)Municipalities are encouraged to adopt best practices 601 for surplus land programs, including, but not limited to: 602 (a)Establishing eligibility criteria for the receipt or 603 purchase of surplus land by developers; 604 (b)Making the process for requesting surplus lands 605 publicly available; and 606 (c)Ensuring long-term affordability through ground leases 607 by retaining the right of first refusal to purchase property 608 that would be sold or offered at market rate and by requiring 609 reversion of property not used for affordable housing within a 610 certain timeframe. 611 Section 8.Effective January 1, 2024, subsection (1) of 612 section 196.1978, Florida Statutes, is amended, and subsection 613 (3) is added to that section, to read: 614 196.1978Affordable housing property exemption. 615 (1)(a)Property used to provide affordable housing to 616 eligible persons as defined by s. 159.603 and natural persons or 617 families meeting the extremely-low-income, very-low-income, low 618 income, or moderate-income limits specified in s. 420.0004, 619 which is owned entirely by a nonprofit entity that is a 620 corporation not for profit, qualified as charitable under s. 621 501(c)(3) of the Internal Revenue Code and in compliance with 622 Rev. Proc. 96-32, 1996-1 C.B. 717, is considered property owned 623 by an exempt entity and used for a charitable purpose, and those 624 portions of the affordable housing property that provide housing 625 to natural persons or families classified as extremely low 626 income, very low income, low income, or moderate income under s. 627 420.0004 are exempt from ad valorem taxation to the extent 628 authorized under s. 196.196. All property identified in this 629 subsection must comply with the criteria provided under s. 630 196.195 for determining exempt status and applied by property 631 appraisers on an annual basis. The Legislature intends that any 632 property owned by a limited liability company which is 633 disregarded as an entity for federal income tax purposes 634 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) be treated 635 as owned by its sole member. If the sole member of the limited 636 liability company that owns the property is also a limited 637 liability company that is disregarded as an entity for federal 638 income tax purposes pursuant to Treasury Regulation 301.7701 639 3(b)(1)(ii), the Legislature intends that the property be 640 treated as owned by the sole member of the limited liability 641 company that owns the limited liability company that owns the 642 property. Units that are vacant and units that are occupied by 643 natural persons or families whose income no longer meets the 644 income limits of this subsection, but whose income met those 645 income limits at the time they became tenants, shall be treated 646 as portions of the affordable housing property exempt under this 647 subsection if a recorded land use restriction agreement in favor 648 of the Florida Housing Finance Corporation or any other 649 governmental or quasi-governmental jurisdiction requires that 650 all residential units within the property be used in a manner 651 that qualifies for the exemption under this subsection and if 652 the units are being offered for rent. 653 (b)Land that is owned entirely by a nonprofit entity that 654 is a corporation not for profit, qualified as charitable under 655 s. 501(c)(3) of the Internal Revenue Code and in compliance with 656 Rev. Proc. 96-32, 1996-1 C.B. 717, and is leased for a minimum 657 of 99 years for the purpose of, and is predominantly used for, 658 providing housing to natural persons or families meeting the 659 extremely-low-income, very-low-income, low-income, or moderate 660 income limits specified in s. 420.0004 is exempt from ad valorem 661 taxation. For purposes of this paragraph, land is predominantly 662 used for qualifying purposes if the square footage of the 663 improvements on the land used to provide qualifying housing is 664 greater than 50 percent of the square footage of all 665 improvements on the land. This paragraph first applies to the 666 2024 tax roll and is repealed December 31, 2059. 667 (3)(a)As used in this subsection, the term: 668 1.Corporation means the Florida Housing Finance 669 Corporation. 670 2.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 3.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 paragraph 683 (d); 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 paragraph 687 (d); and 688 3.Are rented for an amount that does not exceed the amount 689 as specified by the most recent multifamily rental programs 690 income and rent limit chart posted by the corporation and 691 derived from the Multifamily Tax Subsidy Projects Income Limits 692 published by the United States Department of Housing and Urban 693 Development or 90 percent of the fair market value rent as 694 determined by a rental market study meeting the requirements of 695 paragraph (m), whichever is less. 696 (c)If a unit that in the previous year qualified for the 697 exemption under this subsection and was occupied by a tenant is 698 vacant on January 1, the vacant unit is eligible for the 699 exemption if the use of the unit is restricted to providing 700 affordable housing that would otherwise meet the requirements of 701 this subsection and a reasonable effort is made to lease the 702 unit to eligible persons or families. 703 (d)1.Qualified property used to house natural persons or 704 families whose annual household income is greater than 80 705 percent but not more than 120 percent of the median annual 706 adjusted gross income for households within the metropolitan 707 statistical area or, if not within a metropolitan statistical 708 area, within the county in which the person or family resides, 709 must receive an ad valorem property tax exemption of 75 percent 710 of the assessed value. 711 2.Qualified property used to house natural persons or 712 families whose annual household income does not exceed 80 713 percent of the median annual adjusted gross income for 714 households within the metropolitan statistical area or, if not 715 within a metropolitan statistical area, within the county in 716 which the person or family resides, is exempt from ad valorem 717 property taxes. 718 (e)To receive an exemption under this subsection, a 719 property owner must submit an application on a form prescribed 720 by the department by March 1 for the exemption, accompanied by a 721 certification notice from the corporation to the property 722 appraiser. 723 (f)To receive a certification notice, a property owner 724 must submit a request to the corporation for certification on a 725 form provided by the corporation which includes all of the 726 following: 727 1.The most recently completed rental market study meeting 728 the requirements of paragraph (m). 729 2.A list of the units for which the property owner seeks 730 an exemption. 731 3.The rent amount received by the property owner for each 732 unit for which the property owner seeks an exemption. If a unit 733 is vacant and qualifies for an exemption under paragraph (c), 734 the property owner must provide evidence of the published rent 735 amount for each vacant unit. 736 4.A sworn statement, under penalty of perjury, from the 737 applicant restricting the property for a period of not less than 738 3 years to housing persons or families who meet the income 739 limitations under this subsection. 740 (g)The corporation shall review the request for 741 certification and certify property that meets the eligibility 742 criteria of this subsection. A determination by the corporation 743 regarding a request for certification does not constitute final 744 agency action pursuant to chapter 120. 745 1.If the corporation determines that the property meets 746 the eligibility criteria for an exemption under this subsection, 747 the corporation must send a certification notice to the property 748 owner and the property appraiser. 749 2.If the corporation determines that the property does not 750 meet the eligibility criteria, the corporation must notify the 751 property owner and include the reasons for such determination. 752 (h)The corporation shall post on its website the deadline 753 to submit a request for certification. The deadline must allow 754 adequate time for a property owner to submit a timely 755 application for exemption to the property appraiser. 756 (i)The property appraiser shall review the application and 757 determine if the applicant is entitled to an exemption. A 758 property appraiser may grant an exemption only for a property 759 for which the corporation has issued a certification notice. 760 (j)If the property appraiser determines that for any year 761 during the immediately previous 10 years a person who was not 762 entitled to an exemption under this subsection was granted such 763 an exemption, the property appraiser must serve upon the owner a 764 notice of intent to record in the public records of the county a 765 notice of tax lien against any property owned by that person in 766 the county, and that property must be identified in the notice 767 of tax lien. Any property owned by the taxpayer and situated in 768 this state is subject to the taxes exempted by the improper 769 exemption, plus a penalty of 50 percent of the unpaid taxes for 770 each year and interest at a rate of 15 percent per annum. If an 771 exemption is improperly granted as a result of a clerical 772 mistake or an omission by the property appraiser, the property 773 owner improperly receiving the exemption may not be assessed a 774 penalty or interest. 775 (k)Units subject to an agreement with the corporation 776 pursuant to chapter 420 recorded in the official records of the 777 county in which the property is located to provide housing to 778 natural persons or families meeting the extremely-low-income, 779 very-low-income, or low-income limits specified in s. 420.0004 780 are not eligible for this exemption. 781 (l)Property receiving an exemption pursuant to s. 196.1979 782 is not eligible for this exemption. 783 (m)A rental market study submitted as required by 784 paragraph (f) must identify the fair market value rent of each 785 unit for which a property owner seeks an exemption. Only a 786 certified general appraiser as defined in s. 475.611 may issue a 787 rental market study. The certified general appraiser must be 788 independent of the property owner who requests the rental market 789 study. In preparing the rental market study, a certified general 790 appraiser shall comply with the standards of professional 791 practice pursuant to part II of chapter 475 and use comparable 792 property within the same geographic area and of the same type as 793 the property for which the exemption is sought. A rental market 794 study must have been completed within 3 years before submission 795 of the application. 796 (n)The corporation may adopt rules to implement this 797 section. 798 (o)This subsection first applies to the 2024 tax roll and 799 is repealed December 31, 2059. 800 Section 9.Section 196.1979, Florida Statutes, is created 801 to read: 802 196.1979County and municipal affordable housing property 803 exemption. 804 (1)(a)Notwithstanding ss. 196.195 and 196.196, the board 805 of county commissioners of a county or the governing body of a 806 municipality may adopt an ordinance to exempt those portions of 807 property used to provide affordable housing meeting the 808 requirements of this section. Such property is considered 809 property used for a charitable purpose. To be eligible for the 810 exemption, the portions of property: 811 1.Must be used to house natural persons or families whose 812 annual household income: 813 a.Is greater than 30 percent but not more than 60 percent 814 of the median annual adjusted gross income for households within 815 the metropolitan statistical area or, if not within a 816 metropolitan statistical area, within the county in which the 817 person or family resides; or 818 b.Does not exceed 30 percent of the median annual adjusted 819 gross income for households within the metropolitan statistical 820 area or, if not within a metropolitan statistical area, within 821 the county in which the person or family resides; 822 2.Must be within a multifamily project containing 50 or 823 more residential units, at least 20 percent of which are used to 824 provide affordable housing that meets the requirements of this 825 section; 826 3.Must be rented for an amount no greater than the amount 827 as specified by the most recent multifamily rental programs 828 income and rent limit chart posted by the corporation and 829 derived from the Multifamily Tax Subsidy Projects Income Limits 830 published by the United States Department of Housing and Urban 831 Development or 90 percent of the fair market value rent as 832 determined by a rental market study meeting the requirements of 833 subsection (4), whichever is less; 834 4.May not have been cited for code violations on three or 835 more occasions in the 24 months before the submission of a tax 836 exemption application; 837 5.May not have any cited code violations that have not 838 been properly remedied by the property owner before the 839 submission of a tax exemption application; and 840 6.May not have any unpaid fines or charges relating to the 841 cited code violations. Payment of unpaid fines or charges before 842 a final determination on a propertys qualification for an 843 exemption under this section will not exclude such property from 844 eligibility if the property otherwise complies with all other 845 requirements for the exemption. 846 (b)Qualified property may receive an ad valorem property 847 tax exemption of: 848 1.Up to 75 percent of the assessed value of each 849 residential unit used to provide affordable housing if fewer 850 than 100 percent of the multifamily projects residential units 851 are used to provide affordable housing meeting the requirements 852 of this section. 853 2.Up to 100 percent of the assessed value if 100 percent 854 of the multifamily projects residential units are used to 855 provide affordable housing meeting the requirements of this 856 section. 857 (c)The board of county commissioners of the county or the 858 governing body of the municipality, as applicable, may choose to 859 adopt an ordinance that exempts property used to provide 860 affordable housing for natural persons or families meeting the 861 income limits of sub-subparagraph (a)1.a., natural persons or 862 families meeting the income limits of sub-subparagraph (a)1.b., 863 or both. 864 (2)If a residential unit that in the previous year 865 qualified for the exemption under this section and was occupied 866 by a tenant is vacant on January 1, the vacant unit may qualify 867 for the exemption under this section if the use of the unit is 868 restricted to providing affordable housing that would otherwise 869 meet the requirements of this section and a reasonable effort is 870 made to lease the unit to eligible persons or families. 871 (3)An ordinance granting the exemption authorized by this 872 section must: 873 (a)Be adopted under the procedures for adoption of a 874 nonemergency ordinance by a board of county commissioners 875 specified in chapter 125 or by a municipal governing body 876 specified in chapter 166. 877 (b)Designate the local entity under the supervision of the 878 board of county commissioners or governing body of a 879 municipality which must develop, receive, and review 880 applications for certification and develop notices of 881 determination of eligibility. 882 (c)Require the property owner to apply for certification 883 by the local entity in order to receive the exemption. The 884 application for certification must be on a form provided by the 885 local entity designated pursuant to paragraph (b) and include 886 all of the following: 887 1.The most recently completed rental market study meeting 888 the requirements of subsection (4). 889 2.A list of the units for which the property owner seeks 890 an exemption. 891 3.The rent amount received by the property owner for each 892 unit for which the property owner seeks an exemption. If a unit 893 is vacant and qualifies for an exemption under subsection (2), 894 the property owner must provide evidence of the published rent 895 amount for the vacant unit. 896 (d)Require the local entity to verify and certify property 897 that meets the requirements of the ordinance as qualified 898 property and forward the certification to the property owner and 899 the property appraiser. If the local entity denies the 900 exemption, it must notify the applicant and include reasons for 901 the denial. 902 (e)Require the eligible unit to meet the eligibility 903 criteria of paragraph (1)(a). 904 (f)Require the property owner to submit an application for 905 exemption, on a form prescribed by the department, accompanied 906 by the certification of qualified property, to the property 907 appraiser no later than March 1. 908 (g)Specify that the exemption applies only to the taxes 909 levied by the unit of government granting the exemption. 910 (h)Specify that the property may not receive an exemption 911 authorized by this section after expiration or repeal of the 912 ordinance. 913 (i)Identify the percentage of the assessed value which is 914 exempted, subject to the percentage limitations in paragraph 915 (1)(b). 916 (j)Identify whether the exemption applies to natural 917 persons or families meeting the income limits of sub 918 subparagraph (1)(a)1.a., natural persons or families meeting the 919 income limits of sub-subparagraph (1)(a)1.b., or both. 920 (k)Require that the deadline to submit an application for 921 certification be published on the countys or municipalitys 922 website. The deadline must allow adequate time for a property 923 owner to make a timely application for exemption to the property 924 appraiser. 925 (l)Require the county or municipality to post on its 926 website a list of certified properties for the purpose of 927 facilitating access to affordable housing. 928 (4)A rental market study submitted as required by 929 paragraph (3)(c) must identify the fair market value rent of 930 each unit for which a property owner seeks an exemption. Only a 931 certified general appraiser, as defined in s. 475.611, may issue 932 a rental market study. The certified general appraiser must be 933 independent of the property owner who requests a rental market 934 study. In preparing the rental market study, a certified general 935 appraiser shall comply with the standards of professional 936 practice pursuant to part II of chapter 475 and use comparable 937 property within the same geographic area and of the same type as 938 the property for which the exemption is sought. A rental market 939 study must have been completed within 3 years before submission 940 of the application. 941 (5)An ordinance adopted under this section must expire 942 before the fourth January 1 after adoption; however, the board 943 of county commissioners or the governing body of the 944 municipality may adopt a new ordinance to renew the exemption. 945 The board of county commissioners or the governing body of the 946 municipality shall deliver a copy of an ordinance adopted under 947 this section to the department and the property appraiser within 948 10 days after its adoption. If the ordinance expires or is 949 repealed, the board of county commissioners or the governing 950 body of the municipality must notify the department and the 951 property appraiser within 10 days after its expiration or 952 repeal. 953 (6)If the property appraiser determines that for any year 954 during the immediately previous 10 years a person who was not 955 entitled to an exemption under this section was granted such an 956 exemption, the property appraiser must serve upon the owner a 957 notice of intent to record in the public records of the county a 958 notice of tax lien against any property owned by that person in 959 the county, and that property must be identified in the notice 960 of tax lien. Any property owned by the taxpayer and situated in 961 this state is subject to the taxes exempted by the improper 962 exemption, plus a penalty of 50 percent of the unpaid taxes for 963 each year and interest at a rate of 15 percent per annum. If an 964 exemption is improperly granted as a result of a clerical 965 mistake or an omission by the property appraiser, the property 966 owner improperly receiving the exemption may not be assessed a 967 penalty or interest. 968 (7)This section first applies to the 2024 tax roll. 969 Section 10.Section 201.15, Florida Statutes, is amended to 970 read: 971 201.15Distribution of taxes collected.All taxes collected 972 under this chapter are hereby pledged and shall be first made 973 available to make payments when due on bonds issued pursuant to 974 s. 215.618 or s. 215.619, or any other bonds authorized to be 975 issued on a parity basis with such bonds. Such pledge and 976 availability for the payment of these bonds shall have priority 977 over any requirement for the payment of service charges or costs 978 of collection and enforcement under this section. All taxes 979 collected under this chapter, except taxes distributed to the 980 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 981 are subject to the service charge imposed in s. 215.20(1). 982 Before distribution pursuant to this section, the Department of 983 Revenue shall deduct amounts necessary to pay the costs of the 984 collection and enforcement of the tax levied by this chapter. 985 The costs and service charge may not be levied against any 986 portion of taxes pledged to debt service on bonds to the extent 987 that the costs and service charge are required to pay any 988 amounts relating to the bonds. All of the costs of the 989 collection and enforcement of the tax levied by this chapter and 990 the service charge shall be available and transferred to the 991 extent necessary to pay debt service and any other amounts 992 payable with respect to bonds authorized before January 1, 2017, 993 secured by revenues distributed pursuant to this section. All 994 taxes remaining after deduction of costs shall be distributed as 995 follows: 996 (1)Amounts necessary to make payments on bonds issued 997 pursuant to s. 215.618 or s. 215.619, as provided under 998 paragraphs (3)(a) and (b), or on any other bonds authorized to 999 be issued on a parity basis with such bonds shall be deposited 1000 into the Land Acquisition Trust Fund. 1001 (2)If the amounts deposited pursuant to subsection (1) are 1002 less than 33 percent of all taxes collected after first 1003 deducting the costs of collection, an amount equal to 33 percent 1004 of all taxes collected after first deducting the costs of 1005 collection, minus the amounts deposited pursuant to subsection 1006 (1), shall be deposited into the Land Acquisition Trust Fund. 1007 (3)Amounts on deposit in the Land Acquisition Trust Fund 1008 shall be used in the following order: 1009 (a)Payment of debt service or funding of debt service 1010 reserve funds, rebate obligations, or other amounts payable with 1011 respect to Florida Forever bonds issued pursuant to s. 215.618. 1012 The amount used for such purposes may not exceed $300 million in 1013 each fiscal year. It is the intent of the Legislature that all 1014 bonds issued to fund the Florida Forever Act be retired by 1015 December 31, 2040. Except for bonds issued to refund previously 1016 issued bonds, no series of bonds may be issued pursuant to this 1017 paragraph unless such bonds are approved and the debt service 1018 for the remainder of the fiscal year in which the bonds are 1019 issued is specifically appropriated in the General 1020 Appropriations Act or other law with respect to bonds issued for 1021 the purposes of s. 373.4598. 1022 (b)Payment of debt service or funding of debt service 1023 reserve funds, rebate obligations, or other amounts due with 1024 respect to Everglades restoration bonds issued pursuant to s. 1025 215.619. Taxes distributed under paragraph (a) and this 1026 paragraph must be collectively distributed on a pro rata basis 1027 when the available moneys under this subsection are not 1028 sufficient to cover the amounts required under paragraph (a) and 1029 this paragraph. 1030 1031 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 1032 and ratably secured by moneys distributable to the Land 1033 Acquisition Trust Fund. 1034 (4)After the required distributions to the Land 1035 Acquisition Trust Fund pursuant to subsections (1) and (2), the 1036 lesser of 8 percent of the remainder or $150 million in each 1037 fiscal year shall be paid into the State Treasury to the credit 1038 of the State Housing Trust Fund and shall be expended pursuant 1039 to s. 420.50871. If 8 percent of the remainder is greater than 1040 $150 million in any fiscal year, the difference between 8 1041 percent of the remainder and $150 million shall be paid into the 1042 State Treasury to the credit of the General Revenue Fund. and 1043 deduction of the service charge imposed pursuant to s. 1044 215.20(1), The remainder shall be distributed as follows: 1045 (a)The lesser of 20.5453 percent of the remainder or 1046 $466.75 million in each fiscal year shall be paid into the State 1047 Treasury to the credit of the State Transportation Trust Fund. 1048 Notwithstanding any other law, the amount credited to the State 1049 Transportation Trust Fund shall be used for: 1050 1.Capital funding for the New Starts Transit Program, 1051 authorized by Title 49, U.S.C. s. 5309 and specified in s. 1052 341.051, in the amount of 10 percent of the funds; 1053 2.The Small County Outreach Program specified in s. 1054 339.2818, in the amount of 10 percent of the funds; 1055 3.The Strategic Intermodal System specified in ss. 339.61, 1056 339.62, 339.63, and 339.64, in the amount of 75 percent of the 1057 funds after deduction of the payments required pursuant to 1058 subparagraphs 1. and 2.; and 1059 4.The Transportation Regional Incentive Program specified 1060 in s. 339.2819, in the amount of 25 percent of the funds after 1061 deduction of the payments required pursuant to subparagraphs 1. 1062 and 2. The first $60 million of the funds allocated pursuant to 1063 this subparagraph shall be allocated annually to the Florida 1064 Rail Enterprise for the purposes established in s. 341.303(5). 1065 (b)The lesser of 0.1456 percent of the remainder or $3.25 1066 million in each fiscal year shall be paid into the State 1067 Treasury to the credit of the Grants and Donations Trust Fund in 1068 the Department of Economic Opportunity to fund technical 1069 assistance to local governments. 1070 1071 Moneys distributed pursuant to paragraphs (a) and (b) may not be 1072 pledged for debt service unless such pledge is approved by 1073 referendum of the voters. 1074 (c)An amount equaling 4.5 percent of the remainder in each 1075 fiscal year shall be paid into the State Treasury to the credit 1076 of the State Housing Trust Fund. The funds shall be used as 1077 follows: 1078 1.Half of that amount shall be used for the purposes for 1079 which the State Housing Trust Fund was created and exists by 1080 law. 1081 2.Half of that amount shall be paid into the State 1082 Treasury to the credit of the Local Government Housing Trust 1083 Fund and used for the purposes for which the Local Government 1084 Housing Trust Fund was created and exists by law. 1085 (d)An amount equaling 5.20254 percent of the remainder in 1086 each fiscal year shall be paid into the State Treasury to the 1087 credit of the State Housing Trust Fund. Of such funds: 1088 1.Twelve and one-half percent of that amount shall be 1089 deposited into the State Housing Trust Fund and expended by the 1090 Department of Economic Opportunity and the Florida Housing 1091 Finance Corporation for the purposes for which the State Housing 1092 Trust Fund was created and exists by law. 1093 2.Eighty-seven and one-half percent of that amount shall 1094 be distributed to the Local Government Housing Trust Fund and 1095 used for the purposes for which the Local Government Housing 1096 Trust Fund was created and exists by law. Funds from this 1097 category may also be used to provide for state and local 1098 services to assist the homeless. 1099 (e)The lesser of 0.017 percent of the remainder or 1100 $300,000 in each fiscal year shall be paid into the State 1101 Treasury to the credit of the General Inspection Trust Fund to 1102 be used to fund oyster management and restoration programs as 1103 provided in s. 379.362(3). 1104 (f)A total of $75 million shall be paid into the State 1105 Treasury to the credit of the State Economic Enhancement and 1106 Development Trust Fund within the Department of Economic 1107 Opportunity. 1108 (g)An amount equaling 5.4175 percent of the remainder 1109 shall be paid into the Resilient Florida Trust Fund to be used 1110 for the purposes for which the Resilient Florida Trust Fund was 1111 created and exists by law. Funds may be used for planning and 1112 project grants. 1113 (h)An amount equaling 5.4175 percent of the remainder 1114 shall be paid into the Water Protection and Sustainability 1115 Program Trust Fund to be used to fund wastewater grants as 1116 specified in s. 403.0673. 1117 (5)Notwithstanding s. 215.32(2)(b)4.a., funds distributed 1118 to the State Housing Trust Fund and expended pursuant to s. 1119 420.50871 and funds distributed to the State Housing Trust Fund 1120 and the Local Government Housing Trust Fund pursuant to 1121 paragraphs (4)(c) and (d) paragraph (4)(c) may not be 1122 transferred to the General Revenue Fund in the General 1123 Appropriations Act. 1124 (6)After the distributions provided in the preceding 1125 subsections, any remaining taxes shall be paid into the State 1126 Treasury to the credit of the General Revenue Fund. 1127 Section 11.The amendments made by this act to s. 201.15, 1128 Florida Statutes, expire on July 1, 2033, and the text of that 1129 section shall revert to that in existence on June 30, 2023, 1130 except that any amendments to such text enacted other than by 1131 this act must be preserved and continue to operate to the extent 1132 that such amendments are not dependent upon the portions of the 1133 text which expire pursuant to this section. 1134 Section 12.Paragraph (p) of subsection (5) of section 1135 212.08, Florida Statutes, is amended, and paragraph (v) is added 1136 to that subsection, to read: 1137 212.08Sales, rental, use, consumption, distribution, and 1138 storage tax; specified exemptions.The sale at retail, the 1139 rental, the use, the consumption, the distribution, and the 1140 storage to be used or consumed in this state of the following 1141 are hereby specifically exempt from the tax imposed by this 1142 chapter. 1143 (5)EXEMPTIONS; ACCOUNT OF USE. 1144 (p)Community contribution tax credit for donations. 1145 1.Authorization.Persons who are registered with the 1146 department under s. 212.18 to collect or remit sales or use tax 1147 and who make donations to eligible sponsors are eligible for tax 1148 credits against their state sales and use tax liabilities as 1149 provided in this paragraph: 1150 a.The credit shall be computed as 50 percent of the 1151 persons approved annual community contribution. 1152 b.The credit shall be granted as a refund against state 1153 sales and use taxes reported on returns and remitted in the 12 1154 months preceding the date of application to the department for 1155 the credit as required in sub-subparagraph 3.c. If the annual 1156 credit is not fully used through such refund because of 1157 insufficient tax payments during the applicable 12-month period, 1158 the unused amount may be included in an application for a refund 1159 made pursuant to sub-subparagraph 3.c. in subsequent years 1160 against the total tax payments made for such year. Carryover 1161 credits may be applied for a 3-year period without regard to any 1162 time limitation that would otherwise apply under s. 215.26. 1163 c.A person may not receive more than $200,000 in annual 1164 tax credits for all approved community contributions made in any 1165 one year. 1166 d.All proposals for the granting of the tax credit require 1167 the prior approval of the Department of Economic Opportunity. 1168 e.The total amount of tax credits which may be granted for 1169 all programs approved under this paragraph and ss. 220.183 and 1170 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 fiscal 1171 year and in each fiscal year thereafter for projects that 1172 provide housing opportunities for persons with special needs or 1173 homeownership opportunities for low-income households or very 1174 low-income households and $4.5 million in the 2022-2023 fiscal 1175 year and in each fiscal year thereafter for all other projects. 1176 As used in this paragraph, the term person with special needs 1177 has the same meaning as in s. 420.0004 and the terms low-income 1178 person, low-income household, very-low-income person, and 1179 very-low-income household have the same meanings as in s. 1180 420.9071. 1181 f.A person who is eligible to receive the credit provided 1182 in this paragraph, s. 220.183, or s. 624.5105 may receive the 1183 credit only under one section of the persons choice. 1184 2.Eligibility requirements. 1185 a.A community contribution by a person must be in the 1186 following form: 1187 (I)Cash or other liquid assets; 1188 (II)Real property, including 100 percent ownership of a 1189 real property holding company; 1190 (III)Goods or inventory; or 1191 (IV)Other physical resources identified by the Department 1192 of Economic Opportunity. 1193 1194 For purposes of this sub-subparagraph, the term real property 1195 holding company means a Florida entity, such as a Florida 1196 limited liability company, that is wholly owned by the person; 1197 is the sole owner of real property, as defined in s. 1198 192.001(12), located in this the state; is disregarded as an 1199 entity for federal income tax purposes pursuant to 26 C.F.R. s. 1200 301.7701-3(b)(1)(ii); and at the time of contribution to an 1201 eligible sponsor, has no material assets other than the real 1202 property and any other property that qualifies as a community 1203 contribution. 1204 b.All community contributions must be reserved exclusively 1205 for use in a project. As used in this sub-subparagraph, the term 1206 project means activity undertaken by an eligible sponsor which 1207 is designed to construct, improve, or substantially rehabilitate 1208 housing that is affordable to low-income households or very-low 1209 income households; designed to provide housing opportunities for 1210 persons with special needs; designed to provide commercial, 1211 industrial, or public resources and facilities; or designed to 1212 improve entrepreneurial and job-development opportunities for 1213 low-income persons. A project may be the investment necessary to 1214 increase access to high-speed broadband capability in a rural 1215 community that had an enterprise zone designated pursuant to 1216 chapter 290 as of May 1, 2015, including projects that result in 1217 improvements to communications assets that are owned by a 1218 business. A project may include the provision of museum 1219 educational programs and materials that are directly related to 1220 a project approved between January 1, 1996, and December 31, 1221 1999, and located in an area which was in an enterprise zone 1222 designated pursuant to s. 290.0065 as of May 1, 2015. This 1223 paragraph does not preclude projects that propose to construct 1224 or rehabilitate housing for low-income households or very-low 1225 income households on scattered sites or housing opportunities 1226 for persons with special needs. With respect to housing, 1227 contributions may be used to pay the following eligible special 1228 needs, low-income, and very-low-income housing-related 1229 activities: 1230 (I)Project development impact and management fees for 1231 special needs, low-income, or very-low-income housing projects; 1232 (II)Down payment and closing costs for persons with 1233 special needs, low-income persons, and very-low-income persons; 1234 (III)Administrative costs, including housing counseling 1235 and marketing fees, not to exceed 10 percent of the community 1236 contribution, directly related to special needs, low-income, or 1237 very-low-income projects; and 1238 (IV)Removal of liens recorded against residential property 1239 by municipal, county, or special district local governments if 1240 satisfaction of the lien is a necessary precedent to the 1241 transfer of the property to a low-income person or very-low 1242 income person for the purpose of promoting home ownership. 1243 Contributions for lien removal must be received from a 1244 nonrelated third party. 1245 c.The project must be undertaken by an eligible sponsor, 1246 which includes: 1247 (I)A community action program; 1248 (II)A nonprofit community-based development organization 1249 whose mission is the provision of housing for persons with 1250 special needs, low-income households, or very-low-income 1251 households or increasing entrepreneurial and job-development 1252 opportunities for low-income persons; 1253 (III)A neighborhood housing services corporation; 1254 (IV)A local housing authority created under chapter 421; 1255 (V)A community redevelopment agency created under s. 1256 163.356; 1257 (VI)A historic preservation district agency or 1258 organization; 1259 (VII)A local workforce development board; 1260 (VIII)A direct-support organization as provided in s. 1261 1009.983; 1262 (IX)An enterprise zone development agency created under s. 1263 290.0056; 1264 (X)A community-based organization incorporated under 1265 chapter 617 which is recognized as educational, charitable, or 1266 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 1267 and whose bylaws and articles of incorporation include 1268 affordable housing, economic development, or community 1269 development as the primary mission of the corporation; 1270 (XI)Units of local government; 1271 (XII)Units of state government; or 1272 (XIII)Any other agency that the Department of Economic 1273 Opportunity designates by rule. 1274 1275 A contributing person may not have a financial interest in the 1276 eligible sponsor. 1277 d.The project must be located in an area which was in an 1278 enterprise zone designated pursuant to chapter 290 as of May 1, 1279 2015, or a Front Porch Florida Community, unless the project 1280 increases access to high-speed broadband capability in a rural 1281 community that had an enterprise zone designated pursuant to 1282 chapter 290 as of May 1, 2015, but is physically located outside 1283 the designated rural zone boundaries. Any project designed to 1284 construct or rehabilitate housing for low-income households or 1285 very-low-income households or housing opportunities for persons 1286 with special needs is exempt from the area requirement of this 1287 sub-subparagraph. 1288 e.(I)If, during the first 10 business days of the state 1289 fiscal year, eligible tax credit applications for projects that 1290 provide housing opportunities for persons with special needs or 1291 homeownership opportunities for low-income households or very 1292 low-income households are received for less than the annual tax 1293 credits available for those projects, the Department of Economic 1294 Opportunity shall grant tax credits for those applications and 1295 grant remaining tax credits on a first-come, first-served basis 1296 for subsequent eligible applications received before the end of 1297 the state fiscal year. If, during the first 10 business days of 1298 the state fiscal year, eligible tax credit applications for 1299 projects that provide housing opportunities for persons with 1300 special needs or homeownership opportunities for low-income 1301 households or very-low-income households are received for more 1302 than the annual tax credits available for those projects, the 1303 Department of Economic Opportunity shall grant the tax credits 1304 for those applications as follows: 1305 (A)If tax credit applications submitted for approved 1306 projects of an eligible sponsor do not exceed $200,000 in total, 1307 the credits shall be granted in full if the tax credit 1308 applications are approved. 1309 (B)If tax credit applications submitted for approved 1310 projects of an eligible sponsor exceed $200,000 in total, the 1311 amount of tax credits granted pursuant to sub-sub-sub 1312 subparagraph (A) shall be subtracted from the amount of 1313 available tax credits, and the remaining credits shall be 1314 granted to each approved tax credit application on a pro rata 1315 basis. 1316 (II)If, during the first 10 business days of the state 1317 fiscal year, eligible tax credit applications for projects other 1318 than those that provide housing opportunities for persons with 1319 special needs or homeownership opportunities for low-income 1320 households or very-low-income households are received for less 1321 than the annual tax credits available for those projects, the 1322 Department of Economic Opportunity shall grant tax credits for 1323 those applications and shall grant remaining tax credits on a 1324 first-come, first-served basis for subsequent eligible 1325 applications received before the end of the state fiscal year. 1326 If, during the first 10 business days of the state fiscal year, 1327 eligible tax credit applications for projects other than those 1328 that provide housing opportunities for persons with special 1329 needs or homeownership opportunities for low-income households 1330 or very-low-income households are received for more than the 1331 annual tax credits available for those projects, the Department 1332 of Economic Opportunity shall grant the tax credits for those 1333 applications on a pro rata basis. 1334 3.Application requirements. 1335 a.An eligible sponsor seeking to participate in this 1336 program must submit a proposal to the Department of Economic 1337 Opportunity which sets forth the name of the sponsor, a 1338 description of the project, and the area in which the project is 1339 located, together with such supporting information as is 1340 prescribed by rule. The proposal must also contain a resolution 1341 from the local governmental unit in which the project is located 1342 certifying that the project is consistent with local plans and 1343 regulations. 1344 b.A person seeking to participate in this program must 1345 submit an application for tax credit to the Department of 1346 Economic Opportunity which sets forth the name of the sponsor; a 1347 description of the project; and the type, value, and purpose of 1348 the contribution. The sponsor shall verify, in writing, the 1349 terms of the application and indicate its receipt of the 1350 contribution, and such verification must accompany the 1351 application for tax credit. The person must submit a separate 1352 tax credit application to the Department of Economic Opportunity 1353 for each individual contribution that it makes to each 1354 individual project. 1355 c.A person who has received notification from the 1356 Department of Economic Opportunity that a tax credit has been 1357 approved must apply to the department to receive the refund. 1358 Application must be made on the form prescribed for claiming 1359 refunds of sales and use taxes and be accompanied by a copy of 1360 the notification. A person may submit only one application for 1361 refund to the department within a 12-month period. 1362 4.Administration. 1363 a.The Department of Economic Opportunity may adopt rules 1364 necessary to administer this paragraph, including rules for the 1365 approval or disapproval of proposals by a person. 1366 b.The decision of the Department of Economic Opportunity 1367 must be in writing, and, if approved, the notification shall 1368 state the maximum credit allowable to the person. Upon approval, 1369 the Department of Economic Opportunity shall transmit a copy of 1370 the decision to the department. 1371 c.The Department of Economic Opportunity shall 1372 periodically monitor all projects in a manner consistent with 1373 available resources to ensure that resources are used in 1374 accordance with this paragraph; however, each project must be 1375 reviewed at least once every 2 years. 1376 d.The Department of Economic Opportunity shall, in 1377 consultation with the statewide and regional housing and 1378 financial intermediaries, market the availability of the 1379 community contribution tax credit program to community-based 1380 organizations. 1381 (v)Building materials used in construction of affordable 1382 housing units. 1383 1.As used in this paragraph, the term: 1384 a.Affordable housing development means property that has 1385 units subject to an agreement with the Florida Housing Finance 1386 Corporation pursuant to chapter 420 recorded in the official 1387 records of the county in which the property is located to 1388 provide affordable housing to natural persons or families 1389 meeting the extremely-low-income, very-low-income, or low-income 1390 limits specified in s. 420.0004. 1391 b.Building materials means tangible personal property 1392 that becomes a component part of eligible residential units in 1393 an affordable housing development. The term includes appliances 1394 and does not include plants, landscaping, fencing, and 1395 hardscaping. 1396 c.Eligible residential units means newly constructed 1397 units within an affordable housing development which are 1398 restricted under the land use restriction agreement. 1399 d.Newly constructed means improvements to real property 1400 which did not previously exist or the construction of a new 1401 improvement where an old improvement was removed. The term does 1402 not include the renovation, restoration, rehabilitation, 1403 modification, alteration, or expansion of buildings already 1404 located on the parcel on which the eligible residential unit is 1405 built. 1406 e.Real property has the same meaning as provided in s. 1407 192.001(12). 1408 f.Substantially completed has the same meaning as in s. 1409 192.042(1). 1410 2.Building materials used in eligible residential units 1411 are exempt from the tax imposed by this chapter if an owner 1412 demonstrates to the satisfaction of the department that the 1413 requirements of this paragraph have been met. Except as provided 1414 in subparagraph 3., this exemption inures to the owner at the 1415 time an eligible residential unit is substantially completed, 1416 but only through a refund of previously paid taxes. To receive a 1417 refund pursuant to this paragraph, the owner of the eligible 1418 residential units must file an application with the department. 1419 The application must include all of the following: 1420 a.The name and address of the person claiming the refund. 1421 b.An address and assessment roll parcel number of the real 1422 property that was improved for which a refund of previously paid 1423 taxes is being sought. 1424 c.A description of the eligible residential units for 1425 which a refund of previously paid taxes is being sought, 1426 including the number of such units. 1427 d.A copy of a valid building permit issued by the county 1428 or municipal building department for the eligible residential 1429 units. 1430 e.A sworn statement, under penalty of perjury, from the 1431 general contractor licensed in this state with whom the owner 1432 contracted to build the eligible residential units which 1433 specifies the building materials, the actual cost of the 1434 building materials, and the amount of sales tax paid in this 1435 state on the building materials, and which states that the 1436 improvement to the real property was newly constructed. If a 1437 general contractor was not used, the owner must make the sworn 1438 statement required by this sub-subparagraph. Copies of the 1439 invoices evidencing the actual cost of the building materials 1440 and the amount of sales tax paid on such building materials must 1441 be attached to the sworn statement provided by the general 1442 contractor or by the owner. If copies of such invoices are not 1443 attached, the cost of the building materials is deemed to be an 1444 amount equal to 40 percent of the increase in the final assessed 1445 value of the eligible residential units for ad valorem tax 1446 purposes less the most recent assessed value of land for the 1447 units. 1448 f.A certification by the local building code inspector 1449 that the eligible residential unit is substantially completed. 1450 g.A copy of the land use restriction agreement with the 1451 Florida Housing Finance Corporation for the eligible residential 1452 units. 1453 3.The exemption under this paragraph inures to a 1454 municipality, county, other governmental unit or agency, or 1455 nonprofit community-based organization through a refund of 1456 previously paid taxes if the building materials are paid for 1457 from the funds of a community development block grant, the State 1458 Housing Initiatives Partnership Program, or a similar grant or 1459 loan program. To receive a refund, a municipality, county, other 1460 governmental unit or agency, or nonprofit community-based 1461 organization must submit an application that includes the same 1462 information required under subparagraph 2. In addition, the 1463 applicant must include a sworn statement signed by the chief 1464 executive officer of the municipality, county, other 1465 governmental unit or agency, or nonprofit community-based 1466 organization seeking a refund which states that the building 1467 materials for which a refund is sought were funded by a 1468 community development block grant, the State Housing Initiatives 1469 Partnership Program, or a similar grant or loan program. 1470 4.The person seeking a refund must submit an application 1471 for refund to the department within 6 months after the eligible 1472 residential unit is deemed to be substantially completed by the 1473 local building code inspector or by November 1 after the 1474 improved property is first subject to assessment. 1475 5.Only one exemption through a refund of previously paid 1476 taxes may be claimed for any eligible residential unit. A refund 1477 may not be granted unless the amount to be refunded exceeds 1478 $500. A refund may not exceed the lesser of $5,000 or 97.5 1479 percent of the Florida sales or use tax paid on the cost of 1480 building materials as determined pursuant to sub-subparagraph 1481 2.e. The department shall issue a refund within 30 days after it 1482 formally approves a refund application. 1483 6.The department may adopt rules governing the manner and 1484 format of refund applications and may establish guidelines as to 1485 the requisites for an affirmative showing of qualification for 1486 exemption under this paragraph. 1487 7.This exemption under this paragraph applies to sales of 1488 building materials that occur on or after July 1, 2023. 1489 Section 13.Subsection (24) is added to section 213.053, 1490 Florida Statutes, to read: 1491 213.053Confidentiality and information sharing. 1492 (24)The department may make available to the Florida 1493 Housing Finance Corporation, exclusively for official purposes, 1494 information for the purpose of administering the Live Local 1495 Program pursuant to s. 420.50872. 1496 Section 14.Section 215.212, Florida Statutes, is created 1497 to read: 1498 215.212Service charge elimination. 1499 (1)Notwithstanding s. 215.20(1), the service charge 1500 provided in s. 215.20(1) may not be deducted from the proceeds 1501 of the taxes distributed under s. 201.15. 1502 (2)This section is repealed July 1, 2033. 1503 Section 15.Paragraph (i) of subsection (1) of section 1504 215.22, Florida Statutes, is amended to read: 1505 215.22Certain income and certain trust funds exempt. 1506 (1)The following income of a revenue nature or the 1507 following trust funds shall be exempt from the appropriation 1508 required by s. 215.20(1): 1509 (i)Bond proceeds or revenues dedicated for bond repayment, 1510 except for the Documentary Stamp Clearing Trust Fund 1511 administered by the Department of Revenue. 1512 Section 16.The amendment made by this act to s. 215.22, 1513 Florida Statutes, expires on July 1, 2033, and the text of that 1514 section shall revert to that in existence on June 30, 2023, 1515 except that any amendments to such text enacted other than by 1516 this act must be preserved and continue to operate to the extent 1517 that such amendments are not dependent upon the portions of the 1518 text which expire pursuant to this section. 1519 Section 17.Subsection (8) of section 220.02, Florida 1520 Statutes, is amended to read: 1521 220.02Legislative intent. 1522 (8)It is the intent of the Legislature that credits 1523 against either the corporate income tax or the franchise tax be 1524 applied in the following order: those enumerated in s. 631.828, 1525 those enumerated in s. 220.191, those enumerated in s. 220.181, 1526 those enumerated in s. 220.183, those enumerated in s. 220.182, 1527 those enumerated in s. 220.1895, those enumerated in s. 220.195, 1528 those enumerated in s. 220.184, those enumerated in s. 220.186, 1529 those enumerated in s. 220.1845, those enumerated in s. 220.19, 1530 those enumerated in s. 220.185, those enumerated in s. 220.1875, 1531 those enumerated in s. 220.1876, those enumerated in s. 1532 220.1877, those enumerated in s. 220.1878, those enumerated in 1533 s. 220.193, those enumerated in s. 288.9916, those enumerated in 1534 s. 220.1899, those enumerated in s. 220.194, those enumerated in 1535 s. 220.196, those enumerated in s. 220.198, and those enumerated 1536 in s. 220.1915. 1537 Section 18.Paragraph (a) of subsection (1) of section 1538 220.13, Florida Statutes, is amended to read: 1539 220.13Adjusted federal income defined. 1540 (1)The term adjusted federal income means an amount 1541 equal to the taxpayers taxable income as defined in subsection 1542 (2), or such taxable income of more than one taxpayer as 1543 provided in s. 220.131, for the taxable year, adjusted as 1544 follows: 1545 (a)Additions.There shall be added to such taxable income: 1546 1.a.The amount of any tax upon or measured by income, 1547 excluding taxes based on gross receipts or revenues, paid or 1548 accrued as a liability to the District of Columbia or any state 1549 of the United States which is deductible from gross income in 1550 the computation of taxable income for the taxable year. 1551 b.Notwithstanding sub-subparagraph a., if a credit taken 1552 under s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878 1553 is added to taxable income in a previous taxable year under 1554 subparagraph 11. and is taken as a deduction for federal tax 1555 purposes in the current taxable year, the amount of the 1556 deduction allowed shall not be added to taxable income in the 1557 current year. The exception in this sub-subparagraph is intended 1558 to ensure that the credit under s. 220.1875, s. 220.1876, or s. 1559 220.1877, or s. 220.1878 is added in the applicable taxable year 1560 and does not result in a duplicate addition in a subsequent 1561 year. 1562 2.The amount of interest which is excluded from taxable 1563 income under s. 103(a) of the Internal Revenue Code or any other 1564 federal law, less the associated expenses disallowed in the 1565 computation of taxable income under s. 265 of the Internal 1566 Revenue Code or any other law, excluding 60 percent of any 1567 amounts included in alternative minimum taxable income, as 1568 defined in s. 55(b)(2) of the Internal Revenue Code, if the 1569 taxpayer pays tax under s. 220.11(3). 1570 3.In the case of a regulated investment company or real 1571 estate investment trust, an amount equal to the excess of the 1572 net long-term capital gain for the taxable year over the amount 1573 of the capital gain dividends attributable to the taxable year. 1574 4.That portion of the wages or salaries paid or incurred 1575 for the taxable year which is equal to the amount of the credit 1576 allowable for the taxable year under s. 220.181. This 1577 subparagraph shall expire on the date specified in s. 290.016 1578 for the expiration of the Florida Enterprise Zone Act. 1579 5.That portion of the ad valorem school taxes paid or 1580 incurred for the taxable year which is equal to the amount of 1581 the credit allowable for the taxable year under s. 220.182. This 1582 subparagraph shall expire on the date specified in s. 290.016 1583 for the expiration of the Florida Enterprise Zone Act. 1584 6.The amount taken as a credit under s. 220.195 which is 1585 deductible from gross income in the computation of taxable 1586 income for the taxable year. 1587 7.That portion of assessments to fund a guaranty 1588 association incurred for the taxable year which is equal to the 1589 amount of the credit allowable for the taxable year. 1590 8.In the case of a nonprofit corporation which holds a 1591 pari-mutuel permit and which is exempt from federal income tax 1592 as a farmers cooperative, an amount equal to the excess of the 1593 gross income attributable to the pari-mutuel operations over the 1594 attributable expenses for the taxable year. 1595 9.The amount taken as a credit for the taxable year under 1596 s. 220.1895. 1597 10.Up to nine percent of the eligible basis of any 1598 designated project which is equal to the credit allowable for 1599 the taxable year under s. 220.185. 1600 11.Any amount taken as a credit for the taxable year under 1601 s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878. The 1602 addition in this subparagraph is intended to ensure that the 1603 same amount is not allowed for the tax purposes of this state as 1604 both a deduction from income and a credit against the tax. This 1605 addition is not intended to result in adding the same expense 1606 back to income more than once. 1607 12.The amount taken as a credit for the taxable year under 1608 s. 220.193. 1609 13.Any portion of a qualified investment, as defined in s. 1610 288.9913, which is claimed as a deduction by the taxpayer and 1611 taken as a credit against income tax pursuant to s. 288.9916. 1612 14.The costs to acquire a tax credit pursuant to s. 1613 288.1254(5) that are deducted from or otherwise reduce federal 1614 taxable income for the taxable year. 1615 15.The amount taken as a credit for the taxable year 1616 pursuant to s. 220.194. 1617 16.The amount taken as a credit for the taxable year under 1618 s. 220.196. The addition in this subparagraph is intended to 1619 ensure that the same amount is not allowed for the tax purposes 1620 of this state as both a deduction from income and a credit 1621 against the tax. The addition is not intended to result in 1622 adding the same expense back to income more than once. 1623 17.The amount taken as a credit for the taxable year 1624 pursuant to s. 220.198. 1625 18.The amount taken as a credit for the taxable year 1626 pursuant to s. 220.1915. 1627 Section 19.Paragraph (c) of subsection (1) of section 1628 220.183, Florida Statutes, is amended to read: 1629 220.183Community contribution tax credit. 1630 (1)AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 1631 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 1632 SPENDING. 1633 (c)The total amount of tax credit which may be granted for 1634 all programs approved under this section and ss. 212.08(5)(p) 1635 and 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 1636 fiscal year and in each fiscal year thereafter for projects that 1637 provide housing opportunities for persons with special needs as 1638 defined in s. 420.0004 and homeownership opportunities for low 1639 income households or very-low-income households as defined in s. 1640 420.9071 and $4.5 million in the 2022-2023 fiscal year and in 1641 each fiscal year thereafter for all other projects. 1642 Section 20.Subsection (2) of section 220.186, Florida 1643 Statutes, is amended to read: 1644 220.186Credit for Florida alternative minimum tax. 1645 (2)The credit pursuant to this section shall be the amount 1646 of the excess, if any, of the tax paid based upon taxable income 1647 determined pursuant to s. 220.13(2)(k) over the amount of tax 1648 which would have been due based upon taxable income without 1649 application of s. 220.13(2)(k), before application of this 1650 credit without application of any credit under s. 220.1875, s. 1651 220.1876, or s. 220.1877, or s. 220.1878. 1652 Section 21.Section 220.1878, Florida Statutes, is created 1653 to read: 1654 220.1878Credit for contributions to the Live Local 1655 Program. 1656 (1)For taxable years beginning on or after January 1, 1657 2023, there is allowed a credit of 100 percent of an eligible 1658 contribution made to the Live Local Program under s. 420.50872 1659 against any tax due for a taxable year under this chapter after 1660 the application of any other allowable credits by the taxpayer. 1661 An eligible contribution must be made to the Live Local Program 1662 on or before the date the taxpayer is required to file a return 1663 pursuant to s. 220.222. The credit granted by this section must 1664 be reduced by the difference between the amount of federal 1665 corporate income tax, taking into account the credit granted by 1666 this section, and the amount of federal corporate income tax 1667 without application of the credit granted by this section. 1668 (2)A taxpayer who files a Florida consolidated return as a 1669 member of an affiliated group pursuant to s. 220.131(1) may be 1670 allowed the credit on a consolidated return basis; however, the 1671 total credit taken by the affiliated group is subject to the 1672 limitation established under subsection (1). 1673 (3)Section 420.50872 applies to the credit authorized by 1674 this section. 1675 (4)If a taxpayer applies and is approved for a credit 1676 under s. 420.50872 after timely requesting an extension to file 1677 under s. 220.222(2): 1678 (a)The credit does not reduce the amount of tax due for 1679 purposes of the departments determination as to whether the 1680 taxpayer was in compliance with the requirement to pay tentative 1681 taxes under ss. 220.222 and 220.32. 1682 (b)The taxpayers noncompliance with the requirement to 1683 pay tentative taxes shall result in the revocation and 1684 rescindment of any such credit. 1685 (c)The taxpayer shall be assessed for any taxes, 1686 penalties, or interest due from the taxpayers noncompliance 1687 with the requirement to pay tentative taxes. 1688 Section 22.Paragraph (c) of subsection (2) of section 1689 220.222, Florida Statutes, is amended to read: 1690 220.222Returns; time and place for filing. 1691 (2) 1692 (c)1.For purposes of this subsection, a taxpayer is not in 1693 compliance with s. 220.32 if the taxpayer underpays the required 1694 payment by more than the greater of $2,000 or 30 percent of the 1695 tax shown on the return when filed. 1696 2.For the purpose of determining compliance with s. 220.32 1697 as referenced in subparagraph 1., the tax shown on the return 1698 when filed must include the amount of the allowable credits 1699 taken on the return pursuant to s. 220.1878. 1700 Section 23.Subsection (5) of section 253.034, Florida 1701 Statutes, is amended to read: 1702 253.034State-owned lands; uses. 1703 (5)Each manager of conservation lands shall submit to the 1704 Division of State Lands a land management plan at least every 10 1705 years in a form and manner adopted by rule of the board of 1706 trustees and in accordance with s. 259.032. Each manager of 1707 conservation lands shall also update a land management plan 1708 whenever the manager proposes to add new facilities or make 1709 substantive land use or management changes that were not 1710 addressed in the approved plan, or within 1 year after the 1711 addition of significant new lands. Each manager of 1712 nonconservation lands shall submit to the Division of State 1713 Lands a land use plan at least every 10 years in a form and 1714 manner adopted by rule of the board of trustees. The division 1715 shall review each plan for compliance with the requirements of 1716 this subsection and the requirements of the rules adopted by the 1717 board of trustees pursuant to this section. All nonconservation 1718 land use plans, whether for single-use or multiple-use 1719 properties, shall be managed to provide the greatest benefit to 1720 the state. Plans for managed areas larger than 1,000 acres shall 1721 contain an analysis of the multiple-use potential of the 1722 property which includes the potential of the property to 1723 generate revenues to enhance the management of the property. In 1724 addition, the plan shall contain an analysis of the potential 1725 use of private land managers to facilitate the restoration or 1726 management of these lands and whether nonconservation lands 1727 would be more appropriately transferred to the county or 1728 municipality in which the land is located for the purpose of 1729 providing affordable multifamily rental housing that meets the 1730 criteria of s. 420.0004(3). If a newly acquired property has a 1731 valid conservation plan that was developed by a soil and 1732 conservation district, such plan shall be used to guide 1733 management of the property until a formal land use plan is 1734 completed. 1735 (a)State conservation lands shall be managed to ensure the 1736 conservation of this the states plant and animal species and to 1737 ensure the accessibility of state lands for the benefit and 1738 enjoyment of all people of this the state, both present and 1739 future. Each land management plan for state conservation lands 1740 shall provide a desired outcome, describe both short-term and 1741 long-term management goals, and include measurable objectives to 1742 achieve those goals. Short-term goals shall be achievable within 1743 a 2-year planning period, and long-term goals shall be 1744 achievable within a 10-year planning period. These short-term 1745 and long-term management goals shall be the basis for all 1746 subsequent land management activities. 1747 (b)Short-term and long-term management goals for state 1748 conservation lands shall include measurable objectives for the 1749 following, as appropriate: 1750 1.Habitat restoration and improvement. 1751 2.Public access and recreational opportunities. 1752 3.Hydrological preservation and restoration. 1753 4.Sustainable forest management. 1754 5.Exotic and invasive species maintenance and control. 1755 6.Capital facilities and infrastructure. 1756 7.Cultural and historical resources. 1757 8.Imperiled species habitat maintenance, enhancement, 1758 restoration, or population restoration. 1759 (c)The land management plan shall, at a minimum, contain 1760 the following elements: 1761 1.A physical description of the land. 1762 2.A quantitative data description of the land which 1763 includes an inventory of forest and other natural resources; 1764 exotic and invasive plants; hydrological features; 1765 infrastructure, including recreational facilities; and other 1766 significant land, cultural, or historical features. The 1767 inventory shall reflect the number of acres for each resource 1768 and feature, when appropriate. The inventory shall be of such 1769 detail that objective measures and benchmarks can be established 1770 for each tract of land and monitored during the lifetime of the 1771 plan. All quantitative data collected shall be aggregated, 1772 standardized, collected, and presented in an electronic format 1773 to allow for uniform management reporting and analysis. The 1774 information collected by the Department of Environmental 1775 Protection pursuant to s. 253.0325(2) shall be available to the 1776 land manager and his or her assignee. 1777 3.A detailed description of each short-term and long-term 1778 land management goal, the associated measurable objectives, and 1779 the related activities that are to be performed to meet the land 1780 management objectives. Each land management objective must be 1781 addressed by the land management plan, and if practicable, a 1782 land management objective may not be performed to the detriment 1783 of the other land management objectives. 1784 4.A schedule of land management activities which contains 1785 short-term and long-term land management goals and the related 1786 measurable objective and activities. The schedule shall include 1787 for each activity a timeline for completion, quantitative 1788 measures, and detailed expense and manpower budgets. The 1789 schedule shall provide a management tool that facilitates 1790 development of performance measures. 1791 5.A summary budget for the scheduled land management 1792 activities of the land management plan. For state lands 1793 containing or anticipated to contain imperiled species habitat, 1794 the summary budget shall include any fees anticipated from 1795 public or private entities for projects to offset adverse 1796 impacts to imperiled species or such habitat, which fees shall 1797 be used solely to restore, manage, enhance, repopulate, or 1798 acquire imperiled species habitat. The summary budget shall be 1799 prepared in such manner that it facilitates computing an 1800 aggregate of land management costs for all state-managed lands 1801 using the categories described in s. 259.037(3). 1802 (d)Upon completion, the land management plan must be 1803 transmitted to the Acquisition and Restoration Council for 1804 review. The council shall have 90 days after receipt of the plan 1805 to review the plan and submit its recommendations to the board 1806 of trustees. During the review period, the land management plan 1807 may be revised if agreed to by the primary land manager and the 1808 council taking into consideration public input. The land 1809 management plan becomes effective upon approval by the board of 1810 trustees. 1811 (e)Land management plans are to be updated every 10 years 1812 on a rotating basis. Each updated land management plan must 1813 identify any conservation lands under the plan, in part or in 1814 whole, that are no longer needed for conservation purposes and 1815 could be disposed of in fee simple or with the state retaining a 1816 permanent conservation easement. 1817 (f)In developing land management plans, at least one 1818 public hearing shall be held in any one affected county. 1819 (g)The Division of State Lands shall make available to the 1820 public an electronic copy of each land management plan for 1821 parcels that exceed 160 acres in size. The division shall review 1822 each plan for compliance with the requirements of this 1823 subsection, the requirements of chapter 259, and the 1824 requirements of the rules adopted by the board of trustees 1825 pursuant to this section. The Acquisition and Restoration 1826 Council shall also consider the propriety of the recommendations 1827 of the managing entity with regard to the future use of the 1828 property, the protection of fragile or nonrenewable resources, 1829 the potential for alternative or multiple uses not recognized by 1830 the managing entity, and the possibility of disposal of the 1831 property by the board of trustees. After its review, the council 1832 shall submit the plan, along with its recommendations and 1833 comments, to the board of trustees. The council shall 1834 specifically recommend to the board of trustees whether to 1835 approve the plan as submitted, approve the plan with 1836 modifications, or reject the plan. If the council fails to make 1837 a recommendation for a land management plan, the Secretary of 1838 Environmental Protection, Commissioner of Agriculture, or 1839 executive director of the Fish and Wildlife Conservation 1840 Commission or their designees shall submit the land management 1841 plan to the board of trustees. 1842 (h)The board of trustees shall consider the land 1843 management plan submitted by each entity and the recommendations 1844 of the Acquisition and Restoration Council and the Division of 1845 State Lands and shall approve the plan with or without 1846 modification or reject such plan. The use or possession of any 1847 such lands that is not in accordance with an approved land 1848 management plan is subject to termination by the board of 1849 trustees. 1850 (i)1.State nonconservation lands shall be managed to 1851 provide the greatest benefit to the state. State nonconservation 1852 lands may be grouped by similar land use types under one land 1853 use plan. Each land use plan shall, at a minimum, contain the 1854 following elements: 1855 a.A physical description of the land to include any 1856 significant natural or cultural resources as well as management 1857 strategies developed by the land manager to protect such 1858 resources. 1859 b.A desired development outcome. 1860 c.A schedule for achieving the desired development 1861 outcome. 1862 d.A description of both short-term and long-term 1863 development goals. 1864 e.A management and control plan for invasive nonnative 1865 plants. 1866 f.A management and control plan for soil erosion and soil 1867 and water contamination. 1868 g.Measureable objectives to achieve the goals identified 1869 in the land use plan. 1870 2.Short-term goals shall be achievable within a 5-year 1871 planning period and long-term goals shall be achievable within a 1872 10-year planning period. 1873 3.The use or possession of any such lands that is not in 1874 accordance with an approved land use plan is subject to 1875 termination by the board of trustees. 1876 4.Land use plans submitted by a manager shall include 1877 reference to appropriate statutory authority for such use or 1878 uses and shall conform to the appropriate policies and 1879 guidelines of the state land management plan. 1880 Section 24.Subsection (1) of section 253.0341, Florida 1881 Statutes, is amended to read: 1882 253.0341Surplus of state-owned lands. 1883 (1)The board of trustees shall determine which lands, the 1884 title to which is vested in the board, may be surplused. For all 1885 conservation lands, the Acquisition and Restoration Council 1886 shall make a recommendation to the board of trustees, and the 1887 board of trustees shall determine whether the lands are no 1888 longer needed for conservation purposes. If the board of 1889 trustees determines the lands are no longer needed for 1890 conservation purposes, it may dispose of such lands by an 1891 affirmative vote of at least three members. In the case of a 1892 land exchange involving the disposition of conservation lands, 1893 the board of trustees must determine by an affirmative vote of 1894 at least three members that the exchange will result in a net 1895 positive conservation benefit. For all nonconservation lands, 1896 the board of trustees shall determine whether the lands are no 1897 longer needed. If the board of trustees determines the lands are 1898 no longer needed, it may dispose of such lands by an affirmative 1899 vote of at least three members. Local government requests for 1900 the state to surplus conservation or nonconservation lands, 1901 whether for purchase, or exchange, or any other means of 1902 transfer, must shall be expedited throughout the surplusing 1903 process. Property jointly acquired by the state and other 1904 entities may not be surplused without the consent of all joint 1905 owners. 1906 Section 25.Subsection (2) of section 288.101, Florida 1907 Statutes, is amended to read: 1908 288.101Florida Job Growth Grant Fund. 1909 (2)The department and Enterprise Florida, Inc., may 1910 identify projects, solicit proposals, and make funding 1911 recommendations to the Governor, who is authorized to approve: 1912 (a)State or local public infrastructure projects to 1913 promote: 1914 1.Economic recovery in specific regions of this the 1915 state;, 1916 2.Economic diversification;, or 1917 3.Economic enhancement in a targeted industry. 1918 (b)State or local public infrastructure projects to 1919 facilitate the development or construction of affordable 1920 housing. This paragraph is repealed July 1, 2033. 1921 (c)Infrastructure funding to accelerate the rehabilitation 1922 of the Herbert Hoover Dike. The department or the South Florida 1923 Water Management District may enter into agreements, as 1924 necessary, with the United States Army Corps of Engineers to 1925 implement this paragraph. 1926 (d)(c)Workforce training grants to support programs at 1927 state colleges and state technical centers that provide 1928 participants with transferable, sustainable workforce skills 1929 applicable to more than a single employer, and for equipment 1930 associated with these programs. The department shall work with 1931 CareerSource Florida, Inc., to ensure programs are offered to 1932 the public based on criteria established by the state college or 1933 state technical center and do not exclude applicants who are 1934 unemployed or underemployed. 1935 Section 26.Section 420.0003, Florida Statutes, is amended 1936 to read: 1937 (Substantial rewording of section. See 1938 s. 420.0003, F.S., for present text.) 1939 420.0003State housing strategy. 1940 (1)LEGISLATIVE INTENT.It is the intent of this act to 1941 articulate a state housing strategy that will carry the state 1942 toward the goal of ensuring that each Floridian has safe, 1943 decent, and affordable housing. This strategy must involve state 1944 and local governments working in partnership with communities 1945 and the private sector and must involve financial, as well as 1946 regulatory, commitment to accomplish this goal. 1947 (2)POLICIES. 1948 (a)Housing production and rehabilitation programs. 1949 Programs to encourage housing production or rehabilitation must 1950 be guided by the following general policies, as appropriate for 1951 the purpose of the specific program: 1952 1.State and local governments shall provide incentives to 1953 encourage the private sector to be the primary delivery vehicle 1954 for the development of affordable housing. When possible, state 1955 funds should be heavily leveraged to achieve the maximum 1956 federal, local, and private commitment of funds and be used to 1957 ensure long-term affordability. To the maximum extent possible, 1958 state funds should be expended to create new housing stock and 1959 be used for repayable loans rather than grants. Local incentives 1960 to stimulate private sector development of affordable housing 1961 may include establishment of density bonus incentives. 1962 2.State and local governments should consider and 1963 implement innovative solutions to housing issues where 1964 appropriate. Innovative solutions include, but are not limited 1965 to: 1966 a.Utilizing publicly held land to develop affordable 1967 housing through state or local land purchases, long-term land 1968 leasing, and school district affordable housing programs. To the 1969 maximum extent possible, state-owned lands that are appropriate 1970 for the development of affordable housing must be made available 1971 for that purpose. 1972 b.Community-led planning that focuses on urban infill, 1973 flexible zoning, redevelopment of commercial property into 1974 mixed-use property, resiliency, and furthering development in 1975 areas with preexisting public services, such as wastewater, 1976 transit, and schools. 1977 c.Project features that maximize efficiency in land and 1978 resource use, such as high density, high rise, and mixed use. 1979 d.Mixed-income projects that facilitate more diverse and 1980 successful communities. 1981 e.Modern housing concepts such as manufactured homes, tiny 1982 homes, 3D-printed homes, and accessory dwelling units. 1983 3.State funds should be available only to local 1984 governments that provide incentives or financial assistance for 1985 housing. State funding for housing should not be made available 1986 to local governments whose comprehensive plans have been found 1987 not in compliance with chapter 163 and who have not entered into 1988 a stipulated settlement agreement with the department to bring 1989 the plans into compliance. State funds should be made available 1990 only for projects consistent with the local governments 1991 comprehensive plan. 1992 4.Local governments are encouraged to enter into 1993 interlocal agreements, as appropriate, to coordinate strategies 1994 and maximize the use of state and local funds. 1995 5.State-funded development should emphasize use of 1996 developed land, urban infill, and the transformation of existing 1997 infrastructure in order to minimize sprawl, separation of 1998 housing from employment, and effects of increased housing on 1999 ecological preservation areas. Housing available to the states 2000 workforce should prioritize proximity to employment and 2001 services. 2002 (b)Public-private partnerships.Cost-effective public 2003 private partnerships must emphasize production and preservation 2004 of affordable housing. 2005 1.Data must be developed and maintained on the affordable 2006 housing activities of local governments, community-based 2007 organizations, and private developers. 2008 2.The state shall assist local governments and community 2009 based organizations by providing training and technical 2010 assistance. 2011 3.In coordination with local activities and with federal 2012 initiatives, the state shall provide incentives for public 2013 sector and private sector development of affordable housing. 2014 (c)Preservation of housing stock.The existing stock of 2015 affordable housing must be preserved and improved through 2016 rehabilitation programs and expanded neighborhood revitalization 2017 efforts to promote suitable living environments for individuals 2018 and families. 2019 (d)Unique housing needs.The wide range of need for safe, 2020 decent, and affordable housing must be addressed, with an 2021 emphasis on assisting the neediest persons. 2022 1.State housing programs must promote the self-sufficiency 2023 and economic dignity of the people of this state, including 2024 elderly persons and persons with disabilities. 2025 2.The housing requirements of special needs populations 2026 must be addressed through programs that promote a range of 2027 housing options bolstering integration with the community. 2028 3.All housing initiatives and programs must be 2029 nondiscriminatory. 2030 4.The geographic distribution of resources must provide 2031 for the development of housing in rural and urban areas. 2032 5.The important contribution of public housing to the 2033 well-being of citizens in need shall be acknowledged through 2034 efforts to continue and bolster existing programs. State and 2035 local government funds allocated to enhance public housing must 2036 be used to supplement, not supplant, federal support. 2037 (3)IMPLEMENTATION.The state, in carrying out the strategy 2038 articulated in this section, shall have the following duties: 2039 (a)State fiscal resources must be directed to achieve the 2040 following programmatic objectives: 2041 1.Effective technical assistance and capacity-building 2042 programs must be established at the state and local levels. 2043 2.The Shimberg Center for Housing Studies at the 2044 University of Florida shall develop and maintain statewide data 2045 on housing needs and production, provide technical assistance 2046 relating to real estate development and finance, operate an 2047 information clearinghouse on housing programs, and coordinate 2048 state housing initiatives with local government and federal 2049 programs. 2050 3.The corporation shall maintain a consumer-focused 2051 website for connecting tenants with affordable housing. 2052 (b)The long-range program plan of the department must 2053 include specific goals, objectives, and strategies that 2054 implement the housing policies in this section. 2055 (c)The Shimberg Center for Housing Studies at the 2056 University of Florida, in consultation with the department and 2057 the corporation, shall perform functions related to the research 2058 and planning for affordable housing. Functions must include 2059 quantifying affordable housing needs, documenting results of 2060 programs administered, and inventorying the supply of affordable 2061 housing units made available in this state. The recommendations 2062 required in this section and a report of any programmatic 2063 modifications made as a result of these policies must be 2064 included in the housing report required by s. 420.6075. The 2065 report must identify the needs of specific populations, 2066 including, but not limited to, elderly persons, persons with 2067 disabilities, and persons with special needs, and may recommend 2068 statutory modifications when appropriate. 2069 (d)The Office of Program Policy Analysis and Government 2070 Accountability (OPPAGA) shall evaluate affordable housing issues 2071 pursuant to the schedule set forth in this paragraph. OPPAGA may 2072 coordinate with and rely upon the expertise and research 2073 activities of the Shimberg Center for Housing Studies in 2074 conducting the evaluations. The analysis may include relevant 2075 reports prepared by the Shimberg Center for Housing Studies, the 2076 department, the corporation, and the provider of the Affordable 2077 Housing Catalyst Program; interviews with the agencies, 2078 providers, offices, developers, and other organizations related 2079 to the development and provision of affordable housing at the 2080 state and local levels; and any other relevant data. When 2081 appropriate, each report must recommend policy and statutory 2082 modifications for consideration by the Legislature. Each report 2083 must be submitted to the President of the Senate and the Speaker 2084 of the House of Representatives pursuant to the schedule. OPPAGA 2085 shall review and evaluate: 2086 1.By December 15, 2023, and every 5 years thereafter, 2087 innovative affordable housing strategies implemented by other 2088 states, their effectiveness, and their potential for 2089 implementation in this state. 2090 2.By December 15, 2024, and every 5 years thereafter, 2091 affordable housing policies enacted by local governments, their 2092 effectiveness, and which policies constitute best practices for 2093 replication across this state. The report must include a review 2094 and evaluation of the extent to which interlocal cooperation is 2095 used, effective, or hampered. 2096 3.By December 15, 2025, and every 5 years thereafter, 2097 existing state-level housing rehabilitation, production, 2098 preservation, and finance programs to determine their 2099 consistency with relevant policies in this section and 2100 effectiveness in providing affordable housing. The report must 2101 also include an evaluation of the degree of coordination between 2102 housing programs of this state, and between state, federal, and 2103 local housing activities, and shall recommend improved program 2104 linkages when appropriate. 2105 (e)The department and the corporation should conform the 2106 administrative rules for each housing program to the policies 2107 stated in this section, provided that such changes in the rules 2108 are consistent with the statutory intent or requirements for the 2109 program. This authority applies only to programs offering loans, 2110 grants, or tax credits and only to the extent that state 2111 policies are consistent with applicable federal requirements. 2112 Section 27.Subsection (36) of section 420.503, Florida 2113 Statutes, is amended to read: 2114 420.503Definitions.As used in this part, the term: 2115 (36)Qualified contract has the same meaning as in 26 2116 U.S.C. s. 42(h)(6)(F) in effect on the date of the preliminary 2117 determination certificate for the low-income housing tax credits 2118 for the development that is the subject of the qualified 2119 contract request, unless the Internal Revenue Code requires a 2120 different statute or regulation to apply to the development. The 2121 corporation shall deem a bona fide contract to be a qualified 2122 contract at the time the bona fide contract is presented to the 2123 owner and the initial second earnest money deposit is deposited 2124 in escrow in accordance with the terms of the bona fide 2125 contract, and, in such event, the corporation is deemed to have 2126 fulfilled its responsibility to present the owner with a 2127 qualified contract. 2128 Section 28.Subsection (3) and paragraph (a) of subsection 2129 (4) of section 420.504, Florida Statutes, are amended to read: 2130 420.504Public corporation; creation, membership, terms, 2131 expenses. 2132 (3)The corporation is a separate budget entity and is not 2133 subject to control, supervision, or direction by the department 2134 of Economic Opportunity in any manner, including, but not 2135 limited to, personnel, purchasing, transactions involving real 2136 or personal property, and budgetary matters. The corporation 2137 shall consist of a board of directors composed of the Secretary 2138 of Economic Opportunity as an ex officio and voting member, or a 2139 senior-level agency employee designated by the secretary, one 2140 member appointed by the President of the Senate, one member 2141 appointed by the Speaker of the House of Representatives, and 2142 eight members appointed by the Governor subject to confirmation 2143 by the Senate from the following: 2144 (a)One citizen actively engaged in the residential home 2145 building industry. 2146 (b)One citizen actively engaged in the banking or mortgage 2147 banking industry. 2148 (c)One citizen who is a representative of those areas of 2149 labor engaged in home building. 2150 (d)One citizen with experience in housing development who 2151 is an advocate for low-income persons. 2152 (e)One citizen actively engaged in the commercial building 2153 industry. 2154 (f)One citizen who is a former local government elected 2155 official. 2156 (g)Two citizens of the state who are not principally 2157 employed as members or representatives of any of the groups 2158 specified in paragraphs (a)-(f). 2159 (4)(a)Members of the corporation shall be appointed for 2160 terms of 4 years, except that any vacancy shall be filled for 2161 the unexpired term. Vacancies on the board shall be filled by 2162 appointment by the Governor, the President of the Senate, or the 2163 Speaker of the House of Representatives, respectively, depending 2164 on who appointed the member whose vacancy is to be filled or 2165 whose term has expired. 2166 Section 29.Subsection (30) of section 420.507, Florida 2167 Statutes, is amended to read: 2168 420.507Powers of the corporation.The corporation shall 2169 have all the powers necessary or convenient to carry out and 2170 effectuate the purposes and provisions of this part, including 2171 the following powers which are in addition to all other powers 2172 granted by other provisions of this part: 2173 (30)To prepare and submit to the Secretary of Economic 2174 Opportunity a budget request for purposes of the corporation, 2175 which request must shall, notwithstanding the provisions of 2176 chapter 216 and in accordance with s. 216.351, contain a request 2177 for operational expenditures and separate requests for other 2178 authorized corporation programs. The request must include, for 2179 informational purposes, the amount of state funds necessary to 2180 use all federal housing funds anticipated to be received by, or 2181 allocated to, the state in the fiscal year in order to maximize 2182 the production of new, affordable multifamily housing units in 2183 this state. The request need not contain information on the 2184 number of employees, salaries, or any classification thereof, 2185 and the approved operating budget therefor need not comply with 2186 s. 216.181(8)-(10). The secretary may include within the 2187 departments budget request the corporations budget request in 2188 the form as authorized by this section. 2189 Section 30.The amendment made by this act to s. 2190 420.507(30), Florida Statutes, expires July 1, 2033, and the 2191 text of that subsection shall revert to that in existence on 2192 June 30, 2023, except that any amendments to such text enacted 2193 other than by this act shall be preserved and continue to 2194 operate to the extent that such amendments are not dependent 2195 upon the portions of text which expire pursuant to this section. 2196 Section 31.Subsection (10) of section 420.5087, Florida 2197 Statutes, is amended to read: 2198 420.5087State Apartment Incentive Loan Program.There is 2199 hereby created the State Apartment Incentive Loan Program for 2200 the purpose of providing first, second, or other subordinated 2201 mortgage loans or loan guarantees to sponsors, including for 2202 profit, nonprofit, and public entities, to provide housing 2203 affordable to very-low-income persons. 2204 (10)The corporation may prioritize a portion of the 2205 program funds set aside under paragraph (3)(d) for persons with 2206 special needs as defined in s. 420.0004(13) to provide funding 2207 for the development of newly constructed permanent rental 2208 housing on a campus that provides housing for persons in foster 2209 care or persons aging out of foster care pursuant to s. 2210 409.1451. Such housing shall promote and facilitate access to 2211 community-based supportive, educational, and employment services 2212 and resources that assist persons aging out of foster care to 2213 successfully transition to independent living and adulthood. The 2214 corporation must consult with the Department of Children and 2215 Families to create minimum criteria for such housing. 2216 Section 32.Section 420.50871, Florida Statutes, is created 2217 to read: 2218 420.50871Allocation of increased revenues derived from 2219 amendments to s. 201.15 made by this act.Funds that result from 2220 increased revenues to the State Housing Trust Fund derived from 2221 amendments made to s. 201.15 made by this act must be used 2222 annually for projects under the State Apartment Incentive Loan 2223 Program under s. 420.5087 as set forth in this section, 2224 notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and 2225 (3). The Legislature intends for these funds to provide for 2226 innovative projects that provide affordable and attainable 2227 housing for persons and families working, going to school, or 2228 living in this state. Projects approved under this section are 2229 intended to provide housing that is affordable as defined in s. 2230 420.0004, notwithstanding the income limitations in s. 2231 420.5087(2). Beginning in the 2023-2024 fiscal year and annually 2232 for 10 years thereafter: 2233 (1)The corporation shall allocate 70 percent of the funds 2234 provided by this section to issue competitive requests for 2235 application for the affordable housing project purposes 2236 specified in this subsection. The corporation shall finance 2237 projects that: 2238 (a)Both redevelop an existing affordable housing 2239 development and provide for the construction of a new 2240 development within close proximity to the existing development 2241 to be rehabilitated. Each project must provide for building the 2242 new affordable housing development first, relocating the tenants 2243 of the existing development to the new development, and then 2244 demolishing the existing development for reconstruction of an 2245 affordable housing development with more overall and affordable 2246 units. 2247 (b)Address urban infill, including conversions of vacant, 2248 dilapidated, or functionally obsolete buildings or the use of 2249 underused commercial property. 2250 (c)Provide for mixed use of the location, incorporating 2251 nonresidential uses, such as retail, office, institutional, or 2252 other appropriate commercial or nonresidential uses. 2253 (d)Provide housing near military installations in this 2254 state, with preference given to projects that incorporate 2255 critical services for servicemembers, their families, and 2256 veterans, such as mental health treatment services, employment 2257 services, and assistance with transition from active-duty 2258 service to civilian life. 2259 (2)From the remaining funds, the corporation shall 2260 allocate the funds to issue competitive requests for application 2261 for any of the following affordable housing purposes specified 2262 in this subsection. The corporation shall finance projects that: 2263 (a)Propose using or leasing public lands. Projects that 2264 propose to use or lease public lands must include a resolution 2265 or other agreement with the unit of government owning the land 2266 to use the land for affordable housing purposes. 2267 (b)Address the needs of young adults who age out of the 2268 foster care system. 2269 (c)Meet the needs of elderly persons. 2270 (d)Provide housing to meet the needs in areas of rural 2271 opportunity, designated pursuant to s. 288.0656. 2272 (3)Under any request for application under this section, 2273 the corporation shall coordinate with the appropriate state 2274 department or agency and prioritize projects that provide for 2275 mixed-income developments. 2276 (4)This section does not prohibit the corporation from 2277 allocating additional funds to the purposes described in this 2278 section. In any fiscal year, if the funds allocated by the 2279 corporation to any request for application under subsections (1) 2280 and (2) are not fully used after the application and award 2281 processes are complete, the corporation may use those funds to 2282 supplement any future request for application under this 2283 section. 2284 (5)This section is repealed June 30, 2033. 2285 Section 33.The Division of Law Revision is directed to 2286 replace the phrase this act wherever it occurs in s. 2287 420.50871, Florida Statutes, as created by this act, with the 2288 assigned chapter number of this act. 2289 Section 34.Section 420.50872, Florida Statutes, is created 2290 to read: 2291 420.50872Live Local Program. 2292 (1)DEFINITIONS.As used in this section, the term: 2293 (a)Annual tax credit amount means, for any state fiscal 2294 year, the sum of the amount of tax credits approved under 2295 paragraph (3)(a), including tax credits to be taken under s. 2296 220.1878 or s. 624.51058, which are approved for taxpayers whose 2297 taxable years begin on or after January 1 of the calendar year 2298 preceding the start of the applicable state fiscal year. 2299 (b)Eligible contribution means a monetary contribution 2300 from a taxpayer, subject to the restrictions provided in this 2301 section, to the corporation for use in the State Apartment 2302 Incentive Loan Program under s. 420.5087. The taxpayer making 2303 the contribution may not designate a specific project, property, 2304 or geographic area of this state as the beneficiary of the 2305 eligible contribution. 2306 (c)Live Local Program means the program described in 2307 this section whereby eligible contributions are made to the 2308 corporation. 2309 (d)Tax credit cap amount means the maximum annual tax 2310 credit amount that the Department of Revenue may approve for a 2311 state fiscal year. 2312 (2)RESPONSIBILITIES OF THE CORPORATION.The corporation 2313 shall: 2314 (a)Expend 100 percent of eligible contributions received 2315 under this section for the State Apartment Incentive Loan 2316 Program under s. 420.5087. However, the corporation may use up 2317 to $25 million of eligible contributions to provide loans for 2318 the construction of large-scale projects of significant regional 2319 impact. Such projects must include a substantial civic, 2320 educational, or health care use and may include a commercial 2321 use, any of which must be incorporated within or contiguous to 2322 the project property. Such a loan must be made, except as 2323 otherwise provided in this subsection, in accordance with the 2324 practices and policies of the State Apartment Incentive Loan 2325 Program. Such a loan is subject to the competitive application 2326 process and may not exceed 25 percent of the total project cost. 2327 The corporation must find that the loan provides a unique 2328 opportunity for investment alongside local government 2329 participation that would enable creation of a significant amount 2330 of affordable housing. Projects approved under this section are 2331 intended to provide housing that is affordable as defined in s. 2332 420.0004, notwithstanding the income limitations in s. 2333 420.5087(2). 2334 (b)Upon receipt of an eligible contribution, provide the 2335 taxpayer that made the contribution with a certificate of 2336 contribution. A certificate of contribution must include the 2337 taxpayers name; its federal employer identification number, if 2338 available; the amount contributed; and the date of contribution. 2339 (c)Within 10 days after issuing a certificate of 2340 contribution, provide a copy to the Department of Revenue. 2341 (3)LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND 2342 LIMITATIONS. 2343 (a)Beginning in the 2023-2024 fiscal year, the tax credit 2344 cap amount is $100 million in each state fiscal year. 2345 (b)Beginning October 1, 2023, a taxpayer may submit an 2346 application to the Department of Revenue for an allocation of 2347 the tax credit cap for tax credits to be taken under either or 2348 both of s. 220.1878 or s. 624.51058. 2349 1.The taxpayer shall specify in the application each tax 2350 for which the taxpayer requests a credit and the applicable 2351 taxable year. For purposes of s. 220.1878, a taxpayer may apply 2352 for a credit to be used for a prior taxable year before the date 2353 the taxpayer is required to file a return for that year pursuant 2354 to s. 220.222. For purposes of s. 624.51058, a taxpayer may 2355 apply for a credit to be used for a prior taxable year before 2356 the date the taxpayer is required to file a return for that 2357 prior taxable year pursuant to ss. 624.509 and 624.5092. The 2358 Department of Revenue shall approve tax credits on a first-come, 2359 first-served basis. 2360 2.Within 10 days after approving or denying an 2361 application, the Department of Revenue shall provide a copy of 2362 its approval or denial letter to the corporation. 2363 (c)If a tax credit approved under paragraph (b) is not 2364 fully used for the specified taxable year for credits under s. 2365 220.1878 or s. 624.51058 because of insufficient tax liability 2366 on the part of the taxpayer, the unused amount may be carried 2367 forward for a period not to exceed 10 taxable years. For 2368 purposes of s. 220.1878, a credit carried forward may be used in 2369 a subsequent year after applying the other credits and unused 2370 carryovers in the order provided in s. 220.02(8). 2371 (d)A taxpayer may not convey, transfer, or assign an 2372 approved tax credit or a carryforward tax credit to another 2373 entity unless all of the assets of the taxpayer are conveyed, 2374 assigned, or transferred in the same transaction. However, a tax 2375 credit under s. 220.1878 or s. 624.51058 may be conveyed, 2376 transferred, or assigned between members of an affiliated group 2377 of corporations if the type of tax credit under s. 220.1878 or 2378 s. 624.51058 remains the same. A taxpayer shall notify the 2379 Department of Revenue of its intent to convey, transfer, or 2380 assign a tax credit to another member within an affiliated group 2381 of corporations. The amount conveyed, transferred, or assigned 2382 is available to another member of the affiliated group of 2383 corporations upon approval by the Department of Revenue. 2384 (e)Within any state fiscal year, a taxpayer may rescind 2385 all or part of a tax credit allocation approved under paragraph 2386 (b). The amount rescinded must become available for that state 2387 fiscal year to another eligible taxpayer as approved by the 2388 Department of Revenue if the taxpayer receives notice from the 2389 Department of Revenue that the rescindment has been accepted by 2390 the Department of Revenue. Any amount rescinded under this 2391 paragraph must become available to an eligible taxpayer on a 2392 first-come, first-served basis based on tax credit applications 2393 received after the date the rescindment is accepted by the 2394 Department of Revenue. 2395 (f)Within 10 days after approving or denying the 2396 conveyance, transfer, or assignment of a tax credit under 2397 paragraph (d), or the rescindment of a tax credit under 2398 paragraph (e), the Department of Revenue shall provide a copy of 2399 its approval or denial letter to the corporation. 2400 (g)For purposes of calculating the underpayment of 2401 estimated corporate income taxes under s. 220.34 and tax 2402 installment payments for taxes on insurance premiums or 2403 assessments under s. 624.5092, the final amount due is the 2404 amount after credits earned under s. 220.1878 or s. 624.51058 2405 for contributions to eligible charitable organizations are 2406 deducted. 2407 1.For purposes of determining if a penalty or interest 2408 under s. 220.34(2)(d)1. will be imposed for underpayment of 2409 estimated corporate income tax, a taxpayer may, after earning a 2410 credit under s. 220.1878, reduce any estimated payment in that 2411 taxable year by the amount of the credit. 2412 2.For purposes of determining if a penalty under s. 2413 624.5092 will be imposed, an insurer, after earning a credit 2414 under s. 624.51058 for a taxable year, may reduce any 2415 installment payment for such taxable year of 27 percent of the 2416 amount of the net tax due as reported on the return for the 2417 preceding year under s. 624.5092(2)(b) by the amount of the 2418 credit. 2419 (4)PRESERVATION OF CREDIT.If any provision or portion of 2420 this section, s. 220.1878, or s. 624.51058 or the application 2421 thereof to any person or circumstance is held unconstitutional 2422 by any court or is otherwise declared invalid, the 2423 unconstitutionality or invalidity does not affect any credit 2424 earned under s. 220.1878 or s. 624.51058 by any taxpayer with 2425 respect to any contribution paid to the Live Local Program 2426 before the date of a determination of unconstitutionality or 2427 invalidity. The credit must be allowed at such time and in such 2428 a manner as if a determination of unconstitutionality or 2429 invalidity had not been made, provided that nothing in this 2430 subsection by itself or in combination with any other provision 2431 of law may result in the allowance of any credit to any taxpayer 2432 in excess of $1 of credit for each dollar paid to an eligible 2433 charitable organization. 2434 (5)ADMINISTRATION; RULES. 2435 (a)The Department of Revenue and the corporation may 2436 develop a cooperative agreement to assist in the administration 2437 of this section, as needed. 2438 (b)The Department of Revenue may adopt rules necessary to 2439 administer this section, s. 220.1878, and s. 624.51058, 2440 including rules establishing application forms, procedures 2441 governing the approval of tax credits and carryforward tax 2442 credits under subsection (3), and procedures to be followed by 2443 taxpayers when claiming approved tax credits on their returns. 2444 (c)By August 15, 2023, and by each August 15 thereafter, 2445 the Department of Revenue shall determine the 500 taxpayers with 2446 the greatest total corporate income or franchise tax due as 2447 reported on the taxpayers return filed pursuant to s. 220.22 2448 during the previous calendar year and notify those taxpayers of 2449 the existence of the Live Local Program and the process for 2450 obtaining an allocation of the tax credit cap. The Department of 2451 Revenue shall confer with the corporation in the drafting of the 2452 notification. The Department of Revenue may provide this 2453 notification by electronic means. 2454 Section 35.Section 420.5096, Florida Statutes, is created 2455 to read: 2456 420.5096Florida Hometown Hero Program. 2457 (1)The Legislature finds that individual homeownership is 2458 vital to building long-term housing and financial security. With 2459 rising home prices, down payment and closing costs are often 2460 significant barriers to homeownership for working Floridians. 2461 Each person in Floridas hometown workforce is essential to 2462 creating thriving communities, and the Legislature finds that 2463 the ability of Floridians to reside within the communities in 2464 which they work is of great importance. Therefore, the 2465 Legislature finds that providing assistance to homebuyers in 2466 this state by reducing the amount of down payment and closing 2467 costs is a necessary step toward expanding access to 2468 homeownership and achieving safe, decent, and affordable housing 2469 for all Floridians. 2470 (2)The Florida Hometown Hero Program is created to assist 2471 Floridas hometown workforce in attaining homeownership by 2472 providing financial assistance to residents to purchase a home 2473 as their primary residence. Under the program, a borrower may 2474 apply to the corporation for a loan to reduce the amount of the 2475 down payment and closing costs paid by the borrower by a minimum 2476 of $10,000 and up to 5 percent of the first mortgage loan, not 2477 exceeding $35,000. Loans must be made available at a zero 2478 percent interest rate and must be made available for the term of 2479 the first mortgage. The balance of any loan is due at closing if 2480 the property is sold, refinanced, rented, or transferred, unless 2481 otherwise approved by the corporation. 2482 (3)For loans made available pursuant to s. 2483 420.507(23)(a)1. or 2., the corporation may underwrite and make 2484 those mortgage loans through the program to persons or families 2485 who have household incomes that do not exceed 150 percent of the 2486 state median income or local median income, whichever is 2487 greater. A borrower must be seeking to purchase a home as a 2488 primary residence; a first-time homebuyer and a Florida 2489 resident; and employed full-time by a Florida-based employer. 2490 The borrower must provide documentation of full-time employment, 2491 or full-time status for self-employed individuals, of 35 hours 2492 or more per week. The requirement to be a first-time homebuyer 2493 does not apply to a borrower who is an active duty servicemember 2494 of a branch of the armed forces or the Florida National Guard, 2495 as defined in s. 250.01, or a veteran. 2496 (4)Loans made under the Florida Hometown Hero Program may 2497 be used for the purchase of manufactured homes, as defined in s. 2498 320.01(2)(b), which were constructed after July 13, 1994, and 2499 which are titled and financed as tangible personal property or 2500 as real property. 2501 (5)This program is intended to be evergreen, and 2502 repayments for loans made under this program shall be retained 2503 within the program to make additional loans. 2504 Section 36.Subsection (3) is added to section 420.531, 2505 Florida Statutes, to read: 2506 420.531Affordable Housing Catalyst Program. 2507 (3)The corporation may contract with the entity providing 2508 statewide training and technical assistance to provide technical 2509 assistance to local governments to establish selection criteria 2510 and related provisions for requests for proposals or other 2511 competitive solicitations for use or lease of government-owned 2512 real property for affordable housing purposes. The entity 2513 providing statewide training and technical assistance may 2514 develop best practices or other key elements for successful use 2515 of public property for affordable housing, in conjunction with 2516 technical support provided under subsection (1). 2517 Section 37.Section 420.6075, Florida Statutes, is amended 2518 to read: 2519 420.6075Research and planning for affordable housing; 2520 annual housing report. 2521 (1)The research and planning functions of the department 2522 shall include the collection of data on the need for affordable 2523 housing in this state and the extent to which that need is being 2524 met through federal, state, and local programs, in order to 2525 facilitate planning to meet the housing needs in this state and 2526 to enable the development of sound strategies and programs for 2527 affordable housing. To fulfill this function, the Shimberg 2528 Center for Housing Studies Affordable Housing at the University 2529 of Florida shall perform the following functions: 2530 (a)Quantify affordable housing needs in this the state by 2531 analyzing available data, including information provided through 2532 the housing elements of local comprehensive plans, and identify 2533 revisions in the housing element data requirements that would 2534 result in more uniform, meaningful information being obtained. 2535 (b)Document the results since 1980 of all programs 2536 administered by the department which provide for or act as 2537 incentives for housing production or improvement. Data on 2538 program results must include the number of units produced and 2539 the unit cost under each program. 2540 (c)Inventory the supply of affordable housing units made 2541 available through federal, state, and local programs. Data on 2542 the geographic distribution of affordable units must show the 2543 availability of units in each county and municipality. 2544 (2)By December 31 of each year, the Shimberg Center for 2545 Housing Studies Affordable Housing shall submit to the 2546 Legislature an updated housing report describing the supply of 2547 and need for affordable housing. This annual housing report 2548 shall include: 2549 (a)A synopsis of training and technical assistance 2550 activities and community-based organization housing activities 2551 for the year. 2552 (b)A status report on the degree of progress toward 2553 meeting the housing objectives of the departments agency 2554 functional plan. 2555 (c)Recommended housing initiatives for the next fiscal 2556 year and recommended priorities for assistance to the various 2557 target populations within the spectrum of housing need. 2558 (3)The Shimberg Center for Housing Studies Affordable 2559 Housing shall: 2560 (a)Conduct research on program options to address the need 2561 for affordable housing. 2562 (b)Conduct research on training models to be replicated or 2563 adapted to meet the needs of community-based organizations and 2564 state and local government staff involved in housing 2565 development. 2566 Section 38.Paragraph (a) of subsection (1) of section 2567 553.792, Florida Statutes, is amended to read: 2568 553.792Building permit application to local government. 2569 (1)(a)Within 10 days of an applicant submitting an 2570 application to the local government, the local government shall 2571 advise the applicant what information, if any, is needed to deem 2572 the application properly completed in compliance with the filing 2573 requirements published by the local government. If the local 2574 government does not provide written notice that the applicant 2575 has not submitted the properly completed application, the 2576 application shall be automatically deemed properly completed and 2577 accepted. Within 45 days after receiving a completed 2578 application, a local government must notify an applicant if 2579 additional information is required for the local government to 2580 determine the sufficiency of the application, and shall specify 2581 the additional information that is required. The applicant must 2582 submit the additional information to the local government or 2583 request that the local government act without the additional 2584 information. While the applicant responds to the request for 2585 additional information, the 120-day period described in this 2586 subsection is tolled. Both parties may agree to a reasonable 2587 request for an extension of time, particularly in the event of a 2588 force majeure or other extraordinary circumstance. The local 2589 government must approve, approve with conditions, or deny the 2590 application within 120 days following receipt of a completed 2591 application. A local government shall maintain on its website a 2592 policy containing procedures and expectations for expedited 2593 processing of those building permits and development orders 2594 required by law to be expedited. 2595 Section 39.Subsection (7) of section 624.509, Florida 2596 Statutes, is amended to read: 2597 624.509Premium tax; rate and computation. 2598 (7)Credits and deductions against the tax imposed by this 2599 section shall be taken in the following order: deductions for 2600 assessments made pursuant to s. 440.51; credits for taxes paid 2601 under ss. 175.101 and 185.08; credits for income taxes paid 2602 under chapter 220 and the credit allowed under subsection (5), 2603 as these credits are limited by subsection (6); the credit 2604 allowed under s. 624.51057; the credit allowed under s. 2605 624.51058; all other available credits and deductions. 2606 Section 40.Paragraph (c) of subsection (1) of section 2607 624.5105, Florida Statutes, is amended to read: 2608 624.5105Community contribution tax credit; authorization; 2609 limitations; eligibility and application requirements; 2610 administration; definitions; expiration. 2611 (1)AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS. 2612 (c)The total amount of tax credit which may be granted for 2613 all programs approved under this section and ss. 212.08(5)(p) 2614 and 220.183 is $25 $14.5 million in the 2023-2024 2022-2023 2615 fiscal year and in each fiscal year thereafter for projects that 2616 provide housing opportunities for persons with special needs as 2617 defined in s. 420.0004 or homeownership opportunities for low 2618 income or very-low-income households as defined in s. 420.9071 2619 and $4.5 million in the 2022-2023 fiscal year and in each fiscal 2620 year thereafter for all other projects. 2621 Section 41.Section 624.51058, Florida Statutes, is created 2622 to read: 2623 624.51058Credit for contributions to the Live Local 2624 Program. 2625 (1)For taxable years beginning on or after January 1, 2626 2023, there is allowed a credit of 100 percent of an eligible 2627 contribution made to the Live Local Program under s. 420.50872 2628 against any tax due for a taxable year under s. 624.509(1) after 2629 deducting from such tax deductions for assessments made pursuant 2630 to s. 440.51; credits for taxes paid under ss. 175.101 and 2631 185.08; credits for income taxes paid under chapter 220; and the 2632 credit allowed under s. 624.509(5), as such credit is limited by 2633 s. 624.509(6). An eligible contribution must be made to the Live 2634 Local Program on or before the date the taxpayer is required to 2635 file a return pursuant to ss. 624.509 and 624.5092. An insurer 2636 claiming a credit against premium tax liability under this 2637 section is not required to pay any additional retaliatory tax 2638 levied under s. 624.5091 as a result of claiming such credit. 2639 Section 624.5091 does not limit such credit in any manner. 2640 (2)Section 420.50872 applies to the credit authorized by 2641 this section. 2642 Section 42.The Department of Economic Opportunitys Keys 2643 Workforce Housing Initiative, approved by the Administration 2644 Commission on June 13, 2018, is considered an exception to the 2645 evacuation time constraints of s. 380.0552(9)(a)2., Florida 2646 Statutes, by requiring deed-restricted affordable workforce 2647 housing properties receiving permit allocations to agree to 2648 evacuate at least 48 hours in advance of hurricane landfall. A 2649 comprehensive plan amendment approved by the Department of 2650 Economic Opportunity to implement the initiative is hereby valid 2651 and the respective local governments may adopt local ordinances 2652 or regulations to implement such plan amendment. 2653 Section 43.(1)The Department of Revenue is authorized, 2654 and all conditions are deemed met, to adopt emergency rules 2655 under s. 120.54(4), Florida Statutes, for the purpose of 2656 implementing provisions related to the Live Local Program 2657 created by this act. Notwithstanding any other law, emergency 2658 rules adopted under this section are effective for 6 months 2659 after adoption and may be renewed during the pendency of 2660 procedures to adopt permanent rules addressing the subject of 2661 the emergency rules. 2662 (2)This section expires July 1, 2026. 2663 Section 44.For the 2023-2024 fiscal year, the sum of $100 2664 million in nonrecurring funds from the General Revenue Fund is 2665 appropriated to the Florida Housing Finance Corporation to 2666 implement the Florida Hometown Hero Housing Program established 2667 in s. 420.5096, Florida Statutes, as created by this act. 2668 Section 45.For the 2023-2024 fiscal year, the sum of $252 2669 million in nonrecurring funds from the Local Government Housing 2670 Trust Fund is appropriated in the Grants and Aids - Housing 2671 Finance Corporation (HFC) - State Housing Initiatives 2672 Partnership (SHIP) Program appropriation category to the Florida 2673 Housing Finance Corporation. 2674 Section 46.For the 2023-2024 fiscal year, the sum of $150 2675 million in recurring funds and $109 million in nonrecurring 2676 funds from the State Housing Trust Fund is appropriated in the 2677 Grants and Aids - Housing Finance Corporation (HFC) - Affordable 2678 Housing Programs appropriation category to the Florida Housing 2679 Finance Corporation. The recurring funds are appropriated to 2680 implement s. 420.50871, Florida Statutes, as created by this 2681 act. 2682 Section 47.For the 2022-2023 fiscal year, the sum of $100 2683 million in nonrecurring funds from the General Revenue Fund is 2684 appropriated to the Florida Housing Finance Corporation to 2685 implement a competitive assistance loan program for new 2686 construction projects in the development pipeline that have not 2687 commenced construction and are experiencing verifiable cost 2688 increases due to market inflation. These funds are intended to 2689 support the corporations efforts to maintain the viability of 2690 projects in the development pipeline as the unprecedented 2691 economic factors coupled with the housing crisis makes it of 2692 upmost importance to deliver much-needed affordable housing 2693 units in communities in a timely manner. Eligible projects are 2694 those that accepted an invitation to enter credit underwriting 2695 by the corporation for funding during the period of time of July 2696 1, 2020, through June 30, 2022. The corporation may establish 2697 such criteria and application processes as necessary to 2698 implement this section. The unexpended balance of funds 2699 appropriated to the corporation as of June 30, 2023, shall 2700 revert and is appropriated to the corporation for the same 2701 purpose for the 2023-2024 fiscal year. Any funds not awarded by 2702 December 1, 2023, must be used for the State Apartment Incentive 2703 Loan Program under s. 420.5087, Florida Statutes. This section 2704 is effective upon becoming a law. 2705 Section 48.The Legislature finds and declares that this 2706 act fulfills an important state interest. 2707 Section 49.Except as otherwise expressly provided in this 2708 act and except for this section, which shall take effect upon 2709 becoming a law, this act shall take effect July 1, 2023.