ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1 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 industrial, or mixed use if at least 40 percent of the 330 residential units in a proposed multifamily rental development 331 are, for a period of at least 30 years, affordable as defined in 332 s. 420.0004. Notwithstanding any other law, local ordinance, or 333 regulation to the contrary, a county may not require a proposed 334 multifamily development to obtain a zoning or land use change, 335 special exception, conditional use approval, variance, or 336 comprehensive plan amendment for the building height, zoning, 337 and densities authorized under this subsection. For mixed-use 338 residential projects, at least 65 percent of the total square 339 footage must 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)For proposed multifamily developments in an 365 unincorporated area zoned for commercial or industrial use which 366 is within the boundaries of a multicounty independent special 367 district that was created to provide municipal services and is 368 not authorized to levy ad valorem taxes, and less than 20 369 percent of the land area within such district is designated for 370 commercial or industrial use, a county must authorize, as 371 provided in this subsection, such development only if the 372 development is mixed-use residential. 373 (g)Except as otherwise provided in this subsection, a 374 development authorized under this subsection must comply with 375 all applicable state and local laws and regulations. 376 (h)This subsection does not apply to property defined as 377 recreational and commercial working waterfront in s. 378 342.201(2)(b) in any area zoned as industrial. 379 (i)This subsection expires October 1, 2033. 380 Section 4.Section 125.379, Florida Statutes, is amended to 381 read: 382 125.379Disposition of county property for affordable 383 housing. 384 (1)By October 1, 2023 July 1, 2007, and every 3 years 385 thereafter, each county shall prepare an inventory list of all 386 real property within its jurisdiction to which the county or any 387 dependent special district within its boundaries holds fee 388 simple title which that is appropriate for use as affordable 389 housing. The inventory list must include the address and legal 390 description of each such real property and specify whether the 391 property is vacant or improved. The governing body of the county 392 must review the inventory list at a public hearing and may 393 revise it at the conclusion of the public hearing. The governing 394 body of the county shall adopt a resolution that includes an 395 inventory list of such property following the public hearing. 396 Each county shall make the inventory list publicly available on 397 its website to encourage potential development. 398 (2)The properties identified as appropriate for use as 399 affordable housing on the inventory list adopted by the county 400 may be used for affordable housing through a long-term land 401 lease requiring the development and maintenance of affordable 402 housing, offered for sale and the proceeds used to purchase land 403 for the development of affordable housing or to increase the 404 local government fund earmarked for affordable housing, or may 405 be sold with a restriction that requires the development of the 406 property as permanent affordable housing, or may be donated to a 407 nonprofit housing organization for the construction of permanent 408 affordable housing. Alternatively, the county or special 409 district may otherwise make the property available for use for 410 the production and preservation of permanent affordable housing. 411 For purposes of this section, the term affordable has the same 412 meaning as in s. 420.0004(3). 413 (3)Counties are encouraged to adopt best practices for 414 surplus land programs, including, but not limited to: 415 (a)Establishing eligibility criteria for the receipt or 416 purchase of surplus land by developers; 417 (b)Making the process for requesting surplus lands 418 publicly available; and 419 (c)Ensuring long-term affordability through ground leases 420 by retaining the right of first refusal to purchase property 421 that would be sold or offered at market rate and by requiring 422 reversion of property not used for affordable housing within a 423 certain timeframe. 424 Section 5.Subsections (5) and (6) of section 166.04151, 425 Florida Statutes, are amended, and subsection (7) is added to 426 that section, to read: 427 166.04151Affordable housing. 428 (5)Subsection (4) (2) does not apply in an area of 429 critical state concern, as designated by s. 380.0552 or chapter 430 28-36, Florida Administrative Code. 431 (6)Notwithstanding any other law or local ordinance or 432 regulation to the contrary, the governing body of a municipality 433 may approve the development of housing that is affordable, as 434 defined in s. 420.0004, including, but not limited to, a mixed 435 use residential development, on any parcel zoned for 436 residential, commercial, or industrial use. If a parcel is zoned 437 for commercial or industrial use, an approval pursuant to this 438 subsection may include any residential development project, 439 including a mixed-use residential development project, so long 440 as at least 10 percent of the units included in the project are 441 for housing that is affordable and the developer of the project 442 agrees not to apply for or receive funding under s. 420.5087. 443 The provisions of this subsection are self-executing and do not 444 require the governing body to adopt an ordinance or a regulation 445 before using the approval process in this subsection. 446 (7)(a)A municipality must authorize multifamily and mixed 447 use residential as allowable uses in any area zoned for 448 commercial, industrial, or mixed use if at least 40 percent of 449 the residential units in a proposed multifamily rental 450 development are, for a period of at least 30 years, affordable 451 as defined in s. 420.0004. Notwithstanding any other law, local 452 ordinance, or regulation to the contrary, a municipality may not 453 require a proposed multifamily development to obtain a zoning or 454 land use change, special exception, conditional use approval, 455 variance, or comprehensive plan amendment for the building 456 height, zoning, and densities authorized under this subsection. 457 For mixed-use residential projects, at least 65 percent of the 458 total square footage must be used for residential purposes. 459 (b)A municipality may not restrict the density of a 460 proposed development authorized under this subsection below the 461 highest allowed density on any land in the municipality where 462 residential development is allowed. 463 (c)A municipality may not restrict the height of a 464 proposed development authorized under this subsection below the 465 highest currently allowed height for a commercial or residential 466 development located in its jurisdiction within 1 mile of the 467 proposed development or 3 stories, whichever is higher. 468 (d)A proposed development authorized under this subsection 469 must be administratively approved and no further action by the 470 governing body of the municipality is required if the 471 development satisfies the municipalitys land development 472 regulations for multifamily developments in areas zoned for such 473 use and is otherwise consistent with the comprehensive plan, 474 with the exception of provisions establishing allowable 475 densities, height, and land use. Such land development 476 regulations include, but are not limited to, regulations 477 relating to setbacks and parking requirements. 478 (e)A municipality must consider reducing parking 479 requirements for a proposed development authorized under this 480 subsection if the development is located within one-half mile of 481 a major transit stop, as defined in the municipalitys land 482 development code, and the major transit stop is accessible from 483 the development. 484 (f)A municipality that designates less than 20 percent of 485 the land area within its jurisdiction for commercial or 486 industrial use must authorize a proposed multifamily development 487 as provided in this subsection in areas zoned for commercial or 488 industrial use only if the proposed multifamily development is 489 mixed-use residential. 490 (g)Except as otherwise provided in this subsection, a 491 development authorized under this subsection must comply with 492 all applicable state and local laws and regulations. 493 (h)This subsection does not apply to property defined as 494 recreational and commercial working waterfront in s. 495 342.201(2)(b) in any area zoned as industrial. 496 (i)This subsection expires October 1, 2033. 497 Section 6.Section 166.043, Florida Statutes, is amended to 498 read: 499 166.043Ordinances and rules imposing price controls; 500 findings required; procedures. 501 (1)(a)Except as hereinafter provided, a no county, 502 municipality, or other entity of local government may not shall 503 adopt or maintain in effect an ordinance or a rule that which 504 has the effect of imposing price controls upon a lawful business 505 activity that which is not franchised by, owned by, or under 506 contract with, the governmental agency, unless specifically 507 provided by general law. 508 (b)This section does not prevent the enactment by local 509 governments of public service rates otherwise authorized by law, 510 including water, sewer, solid waste, public transportation, 511 taxicab, or port rates, rates for towing of vehicles or vessels 512 from or immobilization of vehicles or vessels on private 513 property, or rates for removal and storage of wrecked or 514 disabled vehicles or vessels from an accident scene or the 515 removal and storage of vehicles or vessels in the event the 516 owner or operator is incapacitated, unavailable, leaves the 517 procurement of wrecker service to the law enforcement officer at 518 the scene, or otherwise does not consent to the removal of the 519 vehicle or vessel. 520 (c)Counties must establish maximum rates which may be 521 charged on the towing of vehicles or vessels from or 522 immobilization of vehicles or vessels on private property, 523 removal and storage of wrecked or disabled vehicles or vessels 524 from an accident scene or for the removal and storage of 525 vehicles or vessels, in the event the owner or operator is 526 incapacitated, unavailable, leaves the procurement of wrecker 527 service to the law enforcement officer at the scene, or 528 otherwise does not consent to the removal of the vehicle or 529 vessel. However, if a municipality chooses to enact an ordinance 530 establishing the maximum rates for the towing or immobilization 531 of vehicles or vessels as described in paragraph (b), the 532 countys ordinance established under s. 125.0103 does shall not 533 apply within such municipality. 534 (2)No law, ordinance, rule, or other measure which would 535 have the effect of imposing controls on rents shall be adopted 536 or maintained in effect except as provided herein and unless it 537 is found and determined, as hereinafter provided, that such 538 controls are necessary and proper to eliminate an existing 539 housing emergency which is so grave as to constitute a serious 540 menace to the general public. 541 (3)Any law, ordinance, rule, or other measure which has 542 the effect of imposing controls on rents shall terminate and 543 expire within 1 year and shall not be extended or renewed except 544 by the adoption of a new measure meeting all the requirements of 545 this section. 546 (4)Notwithstanding any other provisions of this section, 547 no controls shall be imposed on rents for any accommodation used 548 or offered for residential purposes as a seasonal or tourist 549 unit, as a second housing unit, or on rents for dwelling units 550 located in luxury apartment buildings. For the purposes of this 551 section, a luxury apartment building is one wherein on January 552 1, 1977, the aggregate rent due on a monthly basis from all 553 dwelling units as stated in leases or rent lists existing on 554 that date divided by the number of dwelling units exceeds $250. 555 (5)A No municipality, county, or other entity of local 556 government may not shall adopt or maintain in effect any law, 557 ordinance, rule, or other measure that which would have the 558 effect of imposing controls on rents unless: 559 (a)Such measure is duly adopted by the governing body of 560 such entity of local government, after notice and public 561 hearing, in accordance with all applicable provisions of the 562 Florida and United States Constitutions, the charter or charters 563 governing such entity of local government, this section, and any 564 other applicable laws. 565 (b)Such governing body makes and recites in such measure 566 its findings establishing the existence in fact of a housing 567 emergency so grave as to constitute a serious menace to the 568 general public and that such controls are necessary and proper 569 to eliminate such grave housing emergency. 570 (c)Such measure is approved by the voters in such 571 municipality, county, or other entity of local government. 572 (6)In any court action brought to challenge the validity 573 of rent control imposed pursuant to the provisions of this 574 section, the evidentiary effect of any findings or recitations 575 required by subsection (5) shall be limited to imposing upon any 576 party challenging the validity of such measure the burden of 577 going forward with the evidence, and the burden of proof (that 578 is, the risk of nonpersuasion) shall rest upon any party seeking 579 to have the measure upheld. 580 (3)(7)Notwithstanding any other provisions of this 581 section, municipalities, counties, or other entity of local 582 government may adopt and maintain in effect any law, ordinance, 583 rule, or other measure which is adopted for the purposes of 584 increasing the supply of affordable housing using land use 585 mechanisms such as inclusionary housing ordinances. 586 Section 7.Section 166.0451, Florida Statutes, is amended 587 to read: 588 166.0451Disposition of municipal property for affordable 589 housing. 590 (1)By October 1, 2023 July 1, 2007, and every 3 years 591 thereafter, each municipality shall prepare an inventory list of 592 all real property within its jurisdiction to which the 593 municipality or any dependent special district within its 594 boundaries holds fee simple title which that is appropriate for 595 use as affordable housing. The inventory list must include the 596 address and legal description of each such property and specify 597 whether the property is vacant or improved. The governing body 598 of the municipality must review the inventory list at a public 599 hearing and may revise it at the conclusion of the public 600 hearing. Following the public hearing, the governing body of the 601 municipality shall adopt a resolution that includes an inventory 602 list of such property. Each municipality shall make the 603 inventory list publicly available on its website to encourage 604 potential development. 605 (2)The properties identified as appropriate for use as 606 affordable housing on the inventory list adopted by the 607 municipality may be used for affordable housing through a long 608 term land lease requiring the development and maintenance of 609 affordable housing, offered for sale and the proceeds may be 610 used to purchase land for the development of affordable housing 611 or to increase the local government fund earmarked for 612 affordable housing, or may be sold with a restriction that 613 requires the development of the property as permanent affordable 614 housing, or may be donated to a nonprofit housing organization 615 for the construction of permanent affordable housing. 616 Alternatively, the municipality or special district may 617 otherwise make the property available for use for the production 618 and preservation of permanent affordable housing. For purposes 619 of this section, the term affordable has the same meaning as 620 in s. 420.0004(3). 621 (3)Municipalities are encouraged to adopt best practices 622 for surplus land programs, including, but not limited to: 623 (a)Establishing eligibility criteria for the receipt or 624 purchase of surplus land by developers; 625 (b)Making the process for requesting surplus lands 626 publicly available; and 627 (c)Ensuring long-term affordability through ground leases 628 by retaining the right of first refusal to purchase property 629 that would be sold or offered at market rate and by requiring 630 reversion of property not used for affordable housing within a 631 certain timeframe. 632 Section 8.Effective January 1, 2024, subsection (1) of 633 section 196.1978, Florida Statutes, is amended, and subsection 634 (3) is added to that section, to read: 635 196.1978Affordable housing property exemption. 636 (1)(a)Property used to provide affordable housing to 637 eligible persons as defined by s. 159.603 and natural persons or 638 families meeting the extremely-low-income, very-low-income, low 639 income, or moderate-income limits specified in s. 420.0004, 640 which is owned entirely by a nonprofit entity that is a 641 corporation not for profit, qualified as charitable under s. 642 501(c)(3) of the Internal Revenue Code and in compliance with 643 Rev. Proc. 96-32, 1996-1 C.B. 717, is considered property owned 644 by an exempt entity and used for a charitable purpose, and those 645 portions of the affordable housing property that provide housing 646 to natural persons or families classified as extremely low 647 income, very low income, low income, or moderate income under s. 648 420.0004 are exempt from ad valorem taxation to the extent 649 authorized under s. 196.196. All property identified in this 650 subsection must comply with the criteria provided under s. 651 196.195 for determining exempt status and applied by property 652 appraisers on an annual basis. The Legislature intends that any 653 property owned by a limited liability company which is 654 disregarded as an entity for federal income tax purposes 655 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) be treated 656 as owned by its sole member. If the sole member of the limited 657 liability company that owns the property is also a limited 658 liability company that is disregarded as an entity for federal 659 income tax purposes pursuant to Treasury Regulation 301.7701 660 3(b)(1)(ii), the Legislature intends that the property be 661 treated as owned by the sole member of the limited liability 662 company that owns the limited liability company that owns the 663 property. Units that are vacant and units that are occupied by 664 natural persons or families whose income no longer meets the 665 income limits of this subsection, but whose income met those 666 income limits at the time they became tenants, shall be treated 667 as portions of the affordable housing property exempt under this 668 subsection if a recorded land use restriction agreement in favor 669 of the Florida Housing Finance Corporation or any other 670 governmental or quasi-governmental jurisdiction requires that 671 all residential units within the property be used in a manner 672 that qualifies for the exemption under this subsection and if 673 the units are being offered for rent. 674 (b)Land that is owned entirely by a nonprofit entity that 675 is a corporation not for profit, qualified as charitable under 676 s. 501(c)(3) of the Internal Revenue Code and in compliance with 677 Rev. Proc. 96-32, 1996-1 C.B. 717, and is leased for a minimum 678 of 99 years for the purpose of, and is predominantly used for, 679 providing housing to natural persons or families meeting the 680 extremely-low-income, very-low-income, low-income, or moderate 681 income limits specified in s. 420.0004 is exempt from ad valorem 682 taxation. For purposes of this paragraph, land is predominantly 683 used for qualifying purposes if the square footage of the 684 improvements on the land used to provide qualifying housing is 685 greater than 50 percent of the square footage of all 686 improvements on the land. This paragraph first applies to the 687 2024 tax roll and is repealed December 31, 2059. 688 (3)(a)As used in this subsection, the term: 689 1.Corporation means the Florida Housing Finance 690 Corporation. 691 2.Newly constructed means an improvement to real 692 property which was substantially completed within 5 years before 693 the date of an applicants first submission of a request for 694 certification or an application for an exemption pursuant to 695 this section, whichever is earlier. 696 3.Substantially completed has the same meaning as in s. 697 192.042(1). 698 (b)Notwithstanding ss. 196.195 and 196.196, portions of 699 property in a multifamily project are considered property used 700 for a charitable purpose and are eligible to receive an ad 701 valorem property tax exemption if such portions: 702 1.Provide affordable housing to natural persons or 703 families meeting the income limitations provided in paragraph 704 (d); 705 2.Are within a newly constructed multifamily project that 706 contains more than 70 units dedicated to housing natural persons 707 or families meeting the income limitations provided in paragraph 708 (d); and 709 3.Are rented for an amount that does not exceed the amount 710 as specified by the most recent multifamily rental programs 711 income and rent limit chart posted by the corporation and 712 derived from the Multifamily Tax Subsidy Projects Income Limits 713 published by the United States Department of Housing and Urban 714 Development or 90 percent of the fair market value rent as 715 determined by a rental market study meeting the requirements of 716 paragraph (m), whichever is less. 717 (c)If a unit that in the previous year qualified for the 718 exemption under this subsection and was occupied by a tenant is 719 vacant on January 1, the vacant unit is eligible for the 720 exemption if the use of the unit is restricted to providing 721 affordable housing that would otherwise meet the requirements of 722 this subsection and a reasonable effort is made to lease the 723 unit to eligible persons or families. 724 (d)1.Qualified property used to house natural persons or 725 families whose annual household income is greater than 80 726 percent but not more than 120 percent of the median annual 727 adjusted gross income for households within the metropolitan 728 statistical area or, if not within a metropolitan statistical 729 area, within the county in which the person or family resides, 730 must receive an ad valorem property tax exemption of 75 percent 731 of the assessed value. 732 2.Qualified property used to house natural persons or 733 families whose annual household income does not exceed 80 734 percent of the median annual adjusted gross income for 735 households within the metropolitan statistical area or, if not 736 within a metropolitan statistical area, within the county in 737 which the person or family resides, is exempt from ad valorem 738 property taxes. 739 (e)To receive an exemption under this subsection, a 740 property owner must submit an application on a form prescribed 741 by the department by March 1 for the exemption, accompanied by a 742 certification notice from the corporation to the property 743 appraiser. 744 (f)To receive a certification notice, a property owner 745 must submit a request to the corporation for certification on a 746 form provided by the corporation which includes all of the 747 following: 748 1.The most recently completed rental market study meeting 749 the requirements of paragraph (m). 750 2.A list of the units for which the property owner seeks 751 an exemption. 752 3.The rent amount received by the property owner for each 753 unit for which the property owner seeks an exemption. If a unit 754 is vacant and qualifies for an exemption under paragraph (c), 755 the property owner must provide evidence of the published rent 756 amount for each vacant unit. 757 4.A sworn statement, under penalty of perjury, from the 758 applicant restricting the property for a period of not less than 759 3 years to housing persons or families who meet the income 760 limitations under this subsection. 761 (g)The corporation shall review the request for 762 certification and certify property that meets the eligibility 763 criteria of this subsection. A determination by the corporation 764 regarding a request for certification does not constitute final 765 agency action pursuant to chapter 120. 766 1.If the corporation determines that the property meets 767 the eligibility criteria for an exemption under this subsection, 768 the corporation must send a certification notice to the property 769 owner and the property appraiser. 770 2.If the corporation determines that the property does not 771 meet the eligibility criteria, the corporation must notify the 772 property owner and include the reasons for such determination. 773 (h)The corporation shall post on its website the deadline 774 to submit a request for certification. The deadline must allow 775 adequate time for a property owner to submit a timely 776 application for exemption to the property appraiser. 777 (i)The property appraiser shall review the application and 778 determine if the applicant is entitled to an exemption. A 779 property appraiser may grant an exemption only for a property 780 for which the corporation has issued a certification notice. 781 (j)If the property appraiser determines that for any year 782 during the immediately previous 10 years a person who was not 783 entitled to an exemption under this subsection was granted such 784 an exemption, the property appraiser must serve upon the owner a 785 notice of intent to record in the public records of the county a 786 notice of tax lien against any property owned by that person in 787 the county, and that property must be identified in the notice 788 of tax lien. Any property owned by the taxpayer and situated in 789 this state is subject to the taxes exempted by the improper 790 exemption, plus a penalty of 50 percent of the unpaid taxes for 791 each year and interest at a rate of 15 percent per annum. If an 792 exemption is improperly granted as a result of a clerical 793 mistake or an omission by the property appraiser, the property 794 owner improperly receiving the exemption may not be assessed a 795 penalty or interest. 796 (k)Units subject to an agreement with the corporation 797 pursuant to chapter 420 recorded in the official records of the 798 county in which the property is located to provide housing to 799 natural persons or families meeting the extremely-low-income, 800 very-low-income, or low-income limits specified in s. 420.0004 801 are not eligible for this exemption. 802 (l)Property receiving an exemption pursuant to s. 196.1979 803 is not eligible for this exemption. 804 (m)A rental market study submitted as required by 805 paragraph (f) must identify the fair market value rent of each 806 unit for which a property owner seeks an exemption. Only a 807 certified general appraiser as defined in s. 475.611 may issue a 808 rental market study. The certified general appraiser must be 809 independent of the property owner who requests the rental market 810 study. In preparing the rental market study, a certified general 811 appraiser shall comply with the standards of professional 812 practice pursuant to part II of chapter 475 and use comparable 813 property within the same geographic area and of the same type as 814 the property for which the exemption is sought. A rental market 815 study must have been completed within 3 years before submission 816 of the application. 817 (n)The corporation may adopt rules to implement this 818 section. 819 (o)This subsection first applies to the 2024 tax roll and 820 is repealed December 31, 2059. 821 Section 9.Section 196.1979, Florida Statutes, is created 822 to read: 823 196.1979County and municipal affordable housing property 824 exemption. 825 (1)(a)Notwithstanding ss. 196.195 and 196.196, the board 826 of county commissioners of a county or the governing body of a 827 municipality may adopt an ordinance to exempt those portions of 828 property used to provide affordable housing meeting the 829 requirements of this section. Such property is considered 830 property used for a charitable purpose. To be eligible for the 831 exemption, the portions of property: 832 1.Must be used to house natural persons or families whose 833 annual household income: 834 a.Is greater than 30 percent but not more than 60 percent 835 of the median annual adjusted gross income for households within 836 the metropolitan statistical area or, if not within a 837 metropolitan statistical area, within the county in which the 838 person or family resides; or 839 b.Does not exceed 30 percent of the median annual adjusted 840 gross income for households within the metropolitan statistical 841 area or, if not within a metropolitan statistical area, within 842 the county in which the person or family resides; 843 2.Must be within a multifamily project containing 50 or 844 more residential units, at least 20 percent of which are used to 845 provide affordable housing that meets the requirements of this 846 section; 847 3.Must be rented for an amount no greater than the amount 848 as specified by the most recent multifamily rental programs 849 income and rent limit chart posted by the corporation and 850 derived from the Multifamily Tax Subsidy Projects Income Limits 851 published by the United States Department of Housing and Urban 852 Development or 90 percent of the fair market value rent as 853 determined by a rental market study meeting the requirements of 854 subsection (4), whichever is less; 855 4.May not have been cited for code violations on three or 856 more occasions in the 24 months before the submission of a tax 857 exemption application; 858 5.May not have any cited code violations that have not 859 been properly remedied by the property owner before the 860 submission of a tax exemption application; and 861 6.May not have any unpaid fines or charges relating to the 862 cited code violations. Payment of unpaid fines or charges before 863 a final determination on a propertys qualification for an 864 exemption under this section will not exclude such property from 865 eligibility if the property otherwise complies with all other 866 requirements for the exemption. 867 (b)Qualified property may receive an ad valorem property 868 tax exemption of: 869 1.Up to 75 percent of the assessed value of each 870 residential unit used to provide affordable housing if fewer 871 than 100 percent of the multifamily projects residential units 872 are used to provide affordable housing meeting the requirements 873 of this section. 874 2.Up to 100 percent of the assessed value if 100 percent 875 of the multifamily projects residential units are used to 876 provide affordable housing meeting the requirements of this 877 section. 878 (c)The board of county commissioners of the county or the 879 governing body of the municipality, as applicable, may choose to 880 adopt an ordinance that exempts property used to provide 881 affordable housing for natural persons or families meeting the 882 income limits of sub-subparagraph (a)1.a., natural persons or 883 families meeting the income limits of sub-subparagraph (a)1.b., 884 or both. 885 (2)If a residential unit that in the previous year 886 qualified for the exemption under this section and was occupied 887 by a tenant is vacant on January 1, the vacant unit may qualify 888 for the exemption under this section if the use of the unit is 889 restricted to providing affordable housing that would otherwise 890 meet the requirements of this section and a reasonable effort is 891 made to lease the unit to eligible persons or families. 892 (3)An ordinance granting the exemption authorized by this 893 section must: 894 (a)Be adopted under the procedures for adoption of a 895 nonemergency ordinance by a board of county commissioners 896 specified in chapter 125 or by a municipal governing body 897 specified in chapter 166. 898 (b)Designate the local entity under the supervision of the 899 board of county commissioners or governing body of a 900 municipality which must develop, receive, and review 901 applications for certification and develop notices of 902 determination of eligibility. 903 (c)Require the property owner to apply for certification 904 by the local entity in order to receive the exemption. The 905 application for certification must be on a form provided by the 906 local entity designated pursuant to paragraph (b) and include 907 all of the following: 908 1.The most recently completed rental market study meeting 909 the requirements of subsection (4). 910 2.A list of the units for which the property owner seeks 911 an exemption. 912 3.The rent amount received by the property owner for each 913 unit for which the property owner seeks an exemption. If a unit 914 is vacant and qualifies for an exemption under subsection (2), 915 the property owner must provide evidence of the published rent 916 amount for the vacant unit. 917 (d)Require the local entity to verify and certify property 918 that meets the requirements of the ordinance as qualified 919 property and forward the certification to the property owner and 920 the property appraiser. If the local entity denies the 921 exemption, it must notify the applicant and include reasons for 922 the denial. 923 (e)Require the eligible unit to meet the eligibility 924 criteria of paragraph (1)(a). 925 (f)Require the property owner to submit an application for 926 exemption, on a form prescribed by the department, accompanied 927 by the certification of qualified property, to the property 928 appraiser no later than March 1. 929 (g)Specify that the exemption applies only to the taxes 930 levied by the unit of government granting the exemption. 931 (h)Specify that the property may not receive an exemption 932 authorized by this section after expiration or repeal of the 933 ordinance. 934 (i)Identify the percentage of the assessed value which is 935 exempted, subject to the percentage limitations in paragraph 936 (1)(b). 937 (j)Identify whether the exemption applies to natural 938 persons or families meeting the income limits of sub 939 subparagraph (1)(a)1.a., natural persons or families meeting the 940 income limits of sub-subparagraph (1)(a)1.b., or both. 941 (k)Require that the deadline to submit an application for 942 certification be published on the countys or municipalitys 943 website. The deadline must allow adequate time for a property 944 owner to make a timely application for exemption to the property 945 appraiser. 946 (l)Require the county or municipality to post on its 947 website a list of certified properties for the purpose of 948 facilitating access to affordable housing. 949 (4)A rental market study submitted as required by 950 paragraph (3)(c) must identify the fair market value rent of 951 each unit for which a property owner seeks an exemption. Only a 952 certified general appraiser, as defined in s. 475.611, may issue 953 a rental market study. The certified general appraiser must be 954 independent of the property owner who requests a rental market 955 study. In preparing the rental market study, a certified general 956 appraiser shall comply with the standards of professional 957 practice pursuant to part II of chapter 475 and use comparable 958 property within the same geographic area and of the same type as 959 the property for which the exemption is sought. A rental market 960 study must have been completed within 3 years before submission 961 of the application. 962 (5)An ordinance adopted under this section must expire 963 before the fourth January 1 after adoption; however, the board 964 of county commissioners or the governing body of the 965 municipality may adopt a new ordinance to renew the exemption. 966 The board of county commissioners or the governing body of the 967 municipality shall deliver a copy of an ordinance adopted under 968 this section to the department and the property appraiser within 969 10 days after its adoption. If the ordinance expires or is 970 repealed, the board of county commissioners or the governing 971 body of the municipality must notify the department and the 972 property appraiser within 10 days after its expiration or 973 repeal. 974 (6)If the property appraiser determines that for any year 975 during the immediately previous 10 years a person who was not 976 entitled to an exemption under this section was granted such an 977 exemption, the property appraiser must serve upon the owner a 978 notice of intent to record in the public records of the county a 979 notice of tax lien against any property owned by that person in 980 the county, and that property must be identified in the notice 981 of tax lien. Any property owned by the taxpayer and situated in 982 this state is subject to the taxes exempted by the improper 983 exemption, plus a penalty of 50 percent of the unpaid taxes for 984 each year and interest at a rate of 15 percent per annum. If an 985 exemption is improperly granted as a result of a clerical 986 mistake or an omission by the property appraiser, the property 987 owner improperly receiving the exemption may not be assessed a 988 penalty or interest. 989 (7)This section first applies to the 2024 tax roll. 990 Section 10.Section 201.15, Florida Statutes, is amended to 991 read: 992 201.15Distribution of taxes collected.All taxes collected 993 under this chapter are hereby pledged and shall be first made 994 available to make payments when due on bonds issued pursuant to 995 s. 215.618 or s. 215.619, or any other bonds authorized to be 996 issued on a parity basis with such bonds. Such pledge and 997 availability for the payment of these bonds shall have priority 998 over any requirement for the payment of service charges or costs 999 of collection and enforcement under this section. All taxes 1000 collected under this chapter, except taxes distributed to the 1001 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 1002 are subject to the service charge imposed in s. 215.20(1). 1003 Before distribution pursuant to this section, the Department of 1004 Revenue shall deduct amounts necessary to pay the costs of the 1005 collection and enforcement of the tax levied by this chapter. 1006 The costs and service charge may not be levied against any 1007 portion of taxes pledged to debt service on bonds to the extent 1008 that the costs and service charge are required to pay any 1009 amounts relating to the bonds. All of the costs of the 1010 collection and enforcement of the tax levied by this chapter and 1011 the service charge shall be available and transferred to the 1012 extent necessary to pay debt service and any other amounts 1013 payable with respect to bonds authorized before January 1, 2017, 1014 secured by revenues distributed pursuant to this section. All 1015 taxes remaining after deduction of costs shall be distributed as 1016 follows: 1017 (1)Amounts necessary to make payments on bonds issued 1018 pursuant to s. 215.618 or s. 215.619, as provided under 1019 paragraphs (3)(a) and (b), or on any other bonds authorized to 1020 be issued on a parity basis with such bonds shall be deposited 1021 into the Land Acquisition Trust Fund. 1022 (2)If the amounts deposited pursuant to subsection (1) are 1023 less than 33 percent of all taxes collected after first 1024 deducting the costs of collection, an amount equal to 33 percent 1025 of all taxes collected after first deducting the costs of 1026 collection, minus the amounts deposited pursuant to subsection 1027 (1), shall be deposited into the Land Acquisition Trust Fund. 1028 (3)Amounts on deposit in the Land Acquisition Trust Fund 1029 shall be used in the following order: 1030 (a)Payment of debt service or funding of debt service 1031 reserve funds, rebate obligations, or other amounts payable with 1032 respect to Florida Forever bonds issued pursuant to s. 215.618. 1033 The amount used for such purposes may not exceed $300 million in 1034 each fiscal year. It is the intent of the Legislature that all 1035 bonds issued to fund the Florida Forever Act be retired by 1036 December 31, 2040. Except for bonds issued to refund previously 1037 issued bonds, no series of bonds may be issued pursuant to this 1038 paragraph unless such bonds are approved and the debt service 1039 for the remainder of the fiscal year in which the bonds are 1040 issued is specifically appropriated in the General 1041 Appropriations Act or other law with respect to bonds issued for 1042 the purposes of s. 373.4598. 1043 (b)Payment of debt service or funding of debt service 1044 reserve funds, rebate obligations, or other amounts due with 1045 respect to Everglades restoration bonds issued pursuant to s. 1046 215.619. Taxes distributed under paragraph (a) and this 1047 paragraph must be collectively distributed on a pro rata basis 1048 when the available moneys under this subsection are not 1049 sufficient to cover the amounts required under paragraph (a) and 1050 this paragraph. 1051 1052 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 1053 and ratably secured by moneys distributable to the Land 1054 Acquisition Trust Fund. 1055 (4)After the required distributions to the Land 1056 Acquisition Trust Fund pursuant to subsections (1) and (2), the 1057 lesser of 8 percent of the remainder or $150 million in each 1058 fiscal year shall be paid into the State Treasury to the credit 1059 of the State Housing Trust Fund and shall be expended pursuant 1060 to s. 420.50871. If 8 percent of the remainder is greater than 1061 $150 million in any fiscal year, the difference between 8 1062 percent of the remainder and $150 million shall be paid into the 1063 State Treasury to the credit of the General Revenue Fund. and 1064 deduction of the service charge imposed pursuant to s. 1065 215.20(1), The remainder shall be distributed as follows: 1066 (a)The lesser of 20.5453 percent of the remainder or 1067 $466.75 million in each fiscal year shall be paid into the State 1068 Treasury to the credit of the State Transportation Trust Fund. 1069 Notwithstanding any other law, the amount credited to the State 1070 Transportation Trust Fund shall be used for: 1071 1.Capital funding for the New Starts Transit Program, 1072 authorized by Title 49, U.S.C. s. 5309 and specified in s. 1073 341.051, in the amount of 10 percent of the funds; 1074 2.The Small County Outreach Program specified in s. 1075 339.2818, in the amount of 10 percent of the funds; 1076 3.The Strategic Intermodal System specified in ss. 339.61, 1077 339.62, 339.63, and 339.64, in the amount of 75 percent of the 1078 funds after deduction of the payments required pursuant to 1079 subparagraphs 1. and 2.; and 1080 4.The Transportation Regional Incentive Program specified 1081 in s. 339.2819, in the amount of 25 percent of the funds after 1082 deduction of the payments required pursuant to subparagraphs 1. 1083 and 2. The first $60 million of the funds allocated pursuant to 1084 this subparagraph shall be allocated annually to the Florida 1085 Rail Enterprise for the purposes established in s. 341.303(5). 1086 (b)The lesser of 0.1456 percent of the remainder or $3.25 1087 million in each fiscal year shall be paid into the State 1088 Treasury to the credit of the Grants and Donations Trust Fund in 1089 the Department of Economic Opportunity to fund technical 1090 assistance to local governments. 1091 1092 Moneys distributed pursuant to paragraphs (a) and (b) may not be 1093 pledged for debt service unless such pledge is approved by 1094 referendum of the voters. 1095 (c)An amount equaling 4.5 percent of the remainder in each 1096 fiscal year shall be paid into the State Treasury to the credit 1097 of the State Housing Trust Fund. The funds shall be used as 1098 follows: 1099 1.Half of that amount shall be used for the purposes for 1100 which the State Housing Trust Fund was created and exists by 1101 law. 1102 2.Half of that amount shall be paid into the State 1103 Treasury to the credit of the Local Government Housing Trust 1104 Fund and used for the purposes for which the Local Government 1105 Housing Trust Fund was created and exists by law. 1106 (d)An amount equaling 5.20254 percent of the remainder in 1107 each fiscal year shall be paid into the State Treasury to the 1108 credit of the State Housing Trust Fund. Of such funds: 1109 1.Twelve and one-half percent of that amount shall be 1110 deposited into the State Housing Trust Fund and expended by the 1111 Department of Economic Opportunity and the Florida Housing 1112 Finance Corporation for the purposes for which the State Housing 1113 Trust Fund was created and exists by law. 1114 2.Eighty-seven and one-half percent of that amount shall 1115 be distributed to the Local Government Housing Trust Fund and 1116 used for the purposes for which the Local Government Housing 1117 Trust Fund was created and exists by law. Funds from this 1118 category may also be used to provide for state and local 1119 services to assist the homeless. 1120 (e)The lesser of 0.017 percent of the remainder or 1121 $300,000 in each fiscal year shall be paid into the State 1122 Treasury to the credit of the General Inspection Trust Fund to 1123 be used to fund oyster management and restoration programs as 1124 provided in s. 379.362(3). 1125 (f)A total of $75 million shall be paid into the State 1126 Treasury to the credit of the State Economic Enhancement and 1127 Development Trust Fund within the Department of Economic 1128 Opportunity. 1129 (g)An amount equaling 5.4175 percent of the remainder 1130 shall be paid into the Resilient Florida Trust Fund to be used 1131 for the purposes for which the Resilient Florida Trust Fund was 1132 created and exists by law. Funds may be used for planning and 1133 project grants. 1134 (h)An amount equaling 5.4175 percent of the remainder 1135 shall be paid into the Water Protection and Sustainability 1136 Program Trust Fund to be used to fund wastewater grants as 1137 specified in s. 403.0673. 1138 (5)Notwithstanding s. 215.32(2)(b)4.a., funds distributed 1139 to the State Housing Trust Fund and expended pursuant to s. 1140 420.50871 and funds distributed to the State Housing Trust Fund 1141 and the Local Government Housing Trust Fund pursuant to 1142 paragraphs (4)(c) and (d) paragraph (4)(c) may not be 1143 transferred to the General Revenue Fund in the General 1144 Appropriations Act. 1145 (6)After the distributions provided in the preceding 1146 subsections, any remaining taxes shall be paid into the State 1147 Treasury to the credit of the General Revenue Fund. 1148 Section 11.The amendments made by this act to s. 201.15, 1149 Florida Statutes, expire on July 1, 2033, and the text of that 1150 section shall revert to that in existence on June 30, 2023, 1151 except that any amendments to such text enacted other than by 1152 this act must be preserved and continue to operate to the extent 1153 that such amendments are not dependent upon the portions of the 1154 text which expire pursuant to this section. 1155 Section 12.Paragraph (p) of subsection (5) of section 1156 212.08, Florida Statutes, is amended, and paragraph (v) is added 1157 to that subsection, to read: 1158 212.08Sales, rental, use, consumption, distribution, and 1159 storage tax; specified exemptions.The sale at retail, the 1160 rental, the use, the consumption, the distribution, and the 1161 storage to be used or consumed in this state of the following 1162 are hereby specifically exempt from the tax imposed by this 1163 chapter. 1164 (5)EXEMPTIONS; ACCOUNT OF USE. 1165 (p)Community contribution tax credit for donations. 1166 1.Authorization.Persons who are registered with the 1167 department under s. 212.18 to collect or remit sales or use tax 1168 and who make donations to eligible sponsors are eligible for tax 1169 credits against their state sales and use tax liabilities as 1170 provided in this paragraph: 1171 a.The credit shall be computed as 50 percent of the 1172 persons approved annual community contribution. 1173 b.The credit shall be granted as a refund against state 1174 sales and use taxes reported on returns and remitted in the 12 1175 months preceding the date of application to the department for 1176 the credit as required in sub-subparagraph 3.c. If the annual 1177 credit is not fully used through such refund because of 1178 insufficient tax payments during the applicable 12-month period, 1179 the unused amount may be included in an application for a refund 1180 made pursuant to sub-subparagraph 3.c. in subsequent years 1181 against the total tax payments made for such year. Carryover 1182 credits may be applied for a 3-year period without regard to any 1183 time limitation that would otherwise apply under s. 215.26. 1184 c.A person may not receive more than $200,000 in annual 1185 tax credits for all approved community contributions made in any 1186 one year. 1187 d.All proposals for the granting of the tax credit require 1188 the prior approval of the Department of Economic Opportunity. 1189 e.The total amount of tax credits which may be granted for 1190 all programs approved under this paragraph and ss. 220.183 and 1191 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 fiscal 1192 year and in each fiscal year thereafter for projects that 1193 provide housing opportunities for persons with special needs or 1194 homeownership opportunities for low-income households or very 1195 low-income households and $4.5 million in the 2022-2023 fiscal 1196 year and in each fiscal year thereafter for all other projects. 1197 As used in this paragraph, the term person with special needs 1198 has the same meaning as in s. 420.0004 and the terms low-income 1199 person, low-income household, very-low-income person, and 1200 very-low-income household have the same meanings as in s. 1201 420.9071. 1202 f.A person who is eligible to receive the credit provided 1203 in this paragraph, s. 220.183, or s. 624.5105 may receive the 1204 credit only under one section of the persons choice. 1205 2.Eligibility requirements. 1206 a.A community contribution by a person must be in the 1207 following form: 1208 (I)Cash or other liquid assets; 1209 (II)Real property, including 100 percent ownership of a 1210 real property holding company; 1211 (III)Goods or inventory; or 1212 (IV)Other physical resources identified by the Department 1213 of Economic Opportunity. 1214 1215 For purposes of this sub-subparagraph, the term real property 1216 holding company means a Florida entity, such as a Florida 1217 limited liability company, that is wholly owned by the person; 1218 is the sole owner of real property, as defined in s. 1219 192.001(12), located in this the state; is disregarded as an 1220 entity for federal income tax purposes pursuant to 26 C.F.R. s. 1221 301.7701-3(b)(1)(ii); and at the time of contribution to an 1222 eligible sponsor, has no material assets other than the real 1223 property and any other property that qualifies as a community 1224 contribution. 1225 b.All community contributions must be reserved exclusively 1226 for use in a project. As used in this sub-subparagraph, the term 1227 project means activity undertaken by an eligible sponsor which 1228 is designed to construct, improve, or substantially rehabilitate 1229 housing that is affordable to low-income households or very-low 1230 income households; designed to provide housing opportunities for 1231 persons with special needs; designed to provide commercial, 1232 industrial, or public resources and facilities; or designed to 1233 improve entrepreneurial and job-development opportunities for 1234 low-income persons. A project may be the investment necessary to 1235 increase access to high-speed broadband capability in a rural 1236 community that had an enterprise zone designated pursuant to 1237 chapter 290 as of May 1, 2015, including projects that result in 1238 improvements to communications assets that are owned by a 1239 business. A project may include the provision of museum 1240 educational programs and materials that are directly related to 1241 a project approved between January 1, 1996, and December 31, 1242 1999, and located in an area which was in an enterprise zone 1243 designated pursuant to s. 290.0065 as of May 1, 2015. This 1244 paragraph does not preclude projects that propose to construct 1245 or rehabilitate housing for low-income households or very-low 1246 income households on scattered sites or housing opportunities 1247 for persons with special needs. With respect to housing, 1248 contributions may be used to pay the following eligible special 1249 needs, low-income, and very-low-income housing-related 1250 activities: 1251 (I)Project development impact and management fees for 1252 special needs, low-income, or very-low-income housing projects; 1253 (II)Down payment and closing costs for persons with 1254 special needs, low-income persons, and very-low-income persons; 1255 (III)Administrative costs, including housing counseling 1256 and marketing fees, not to exceed 10 percent of the community 1257 contribution, directly related to special needs, low-income, or 1258 very-low-income projects; and 1259 (IV)Removal of liens recorded against residential property 1260 by municipal, county, or special district local governments if 1261 satisfaction of the lien is a necessary precedent to the 1262 transfer of the property to a low-income person or very-low 1263 income person for the purpose of promoting home ownership. 1264 Contributions for lien removal must be received from a 1265 nonrelated third party. 1266 c.The project must be undertaken by an eligible sponsor, 1267 which includes: 1268 (I)A community action program; 1269 (II)A nonprofit community-based development organization 1270 whose mission is the provision of housing for persons with 1271 special needs, low-income households, or very-low-income 1272 households or increasing entrepreneurial and job-development 1273 opportunities for low-income persons; 1274 (III)A neighborhood housing services corporation; 1275 (IV)A local housing authority created under chapter 421; 1276 (V)A community redevelopment agency created under s. 1277 163.356; 1278 (VI)A historic preservation district agency or 1279 organization; 1280 (VII)A local workforce development board; 1281 (VIII)A direct-support organization as provided in s. 1282 1009.983; 1283 (IX)An enterprise zone development agency created under s. 1284 290.0056; 1285 (X)A community-based organization incorporated under 1286 chapter 617 which is recognized as educational, charitable, or 1287 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 1288 and whose bylaws and articles of incorporation include 1289 affordable housing, economic development, or community 1290 development as the primary mission of the corporation; 1291 (XI)Units of local government; 1292 (XII)Units of state government; or 1293 (XIII)Any other agency that the Department of Economic 1294 Opportunity designates by rule. 1295 1296 A contributing person may not have a financial interest in the 1297 eligible sponsor. 1298 d.The project must be located in an area which was in an 1299 enterprise zone designated pursuant to chapter 290 as of May 1, 1300 2015, or a Front Porch Florida Community, unless the project 1301 increases access to high-speed broadband capability in a rural 1302 community that had an enterprise zone designated pursuant to 1303 chapter 290 as of May 1, 2015, but is physically located outside 1304 the designated rural zone boundaries. Any project designed to 1305 construct or rehabilitate housing for low-income households or 1306 very-low-income households or housing opportunities for persons 1307 with special needs is exempt from the area requirement of this 1308 sub-subparagraph. 1309 e.(I)If, during the first 10 business days of the state 1310 fiscal year, eligible tax credit applications for projects that 1311 provide housing opportunities for persons with special needs or 1312 homeownership opportunities for low-income households or very 1313 low-income households are received for less than the annual tax 1314 credits available for those projects, the Department of Economic 1315 Opportunity shall grant tax credits for those applications and 1316 grant remaining tax credits on a first-come, first-served basis 1317 for subsequent eligible applications received before the end of 1318 the state fiscal year. If, during the first 10 business days of 1319 the state fiscal year, eligible tax credit applications for 1320 projects that provide housing opportunities for persons with 1321 special needs or homeownership opportunities for low-income 1322 households or very-low-income households are received for more 1323 than the annual tax credits available for those projects, the 1324 Department of Economic Opportunity shall grant the tax credits 1325 for those applications as follows: 1326 (A)If tax credit applications submitted for approved 1327 projects of an eligible sponsor do not exceed $200,000 in total, 1328 the credits shall be granted in full if the tax credit 1329 applications are approved. 1330 (B)If tax credit applications submitted for approved 1331 projects of an eligible sponsor exceed $200,000 in total, the 1332 amount of tax credits granted pursuant to sub-sub-sub 1333 subparagraph (A) shall be subtracted from the amount of 1334 available tax credits, and the remaining credits shall be 1335 granted to each approved tax credit application on a pro rata 1336 basis. 1337 (II)If, during the first 10 business days of the state 1338 fiscal year, eligible tax credit applications for projects other 1339 than those that provide housing opportunities for persons with 1340 special needs or homeownership opportunities for low-income 1341 households or very-low-income households are received for less 1342 than the annual tax credits available for those projects, the 1343 Department of Economic Opportunity shall grant tax credits for 1344 those applications and shall grant remaining tax credits on a 1345 first-come, first-served basis for subsequent eligible 1346 applications received before the end of the state fiscal year. 1347 If, during the first 10 business days of the state fiscal year, 1348 eligible tax credit applications for projects other than those 1349 that provide housing opportunities for persons with special 1350 needs or homeownership opportunities for low-income households 1351 or very-low-income households are received for more than the 1352 annual tax credits available for those projects, the Department 1353 of Economic Opportunity shall grant the tax credits for those 1354 applications on a pro rata basis. 1355 3.Application requirements. 1356 a.An eligible sponsor seeking to participate in this 1357 program must submit a proposal to the Department of Economic 1358 Opportunity which sets forth the name of the sponsor, a 1359 description of the project, and the area in which the project is 1360 located, together with such supporting information as is 1361 prescribed by rule. The proposal must also contain a resolution 1362 from the local governmental unit in which the project is located 1363 certifying that the project is consistent with local plans and 1364 regulations. 1365 b.A person seeking to participate in this program must 1366 submit an application for tax credit to the Department of 1367 Economic Opportunity which sets forth the name of the sponsor; a 1368 description of the project; and the type, value, and purpose of 1369 the contribution. The sponsor shall verify, in writing, the 1370 terms of the application and indicate its receipt of the 1371 contribution, and such verification must accompany the 1372 application for tax credit. The person must submit a separate 1373 tax credit application to the Department of Economic Opportunity 1374 for each individual contribution that it makes to each 1375 individual project. 1376 c.A person who has received notification from the 1377 Department of Economic Opportunity that a tax credit has been 1378 approved must apply to the department to receive the refund. 1379 Application must be made on the form prescribed for claiming 1380 refunds of sales and use taxes and be accompanied by a copy of 1381 the notification. A person may submit only one application for 1382 refund to the department within a 12-month period. 1383 4.Administration. 1384 a.The Department of Economic Opportunity may adopt rules 1385 necessary to administer this paragraph, including rules for the 1386 approval or disapproval of proposals by a person. 1387 b.The decision of the Department of Economic Opportunity 1388 must be in writing, and, if approved, the notification shall 1389 state the maximum credit allowable to the person. Upon approval, 1390 the Department of Economic Opportunity shall transmit a copy of 1391 the decision to the department. 1392 c.The Department of Economic Opportunity shall 1393 periodically monitor all projects in a manner consistent with 1394 available resources to ensure that resources are used in 1395 accordance with this paragraph; however, each project must be 1396 reviewed at least once every 2 years. 1397 d.The Department of Economic Opportunity shall, in 1398 consultation with the statewide and regional housing and 1399 financial intermediaries, market the availability of the 1400 community contribution tax credit program to community-based 1401 organizations. 1402 (v)Building materials used in construction of affordable 1403 housing units. 1404 1.As used in this paragraph, the term: 1405 a.Affordable housing development means property that has 1406 units subject to an agreement with the Florida Housing Finance 1407 Corporation pursuant to chapter 420 recorded in the official 1408 records of the county in which the property is located to 1409 provide affordable housing to natural persons or families 1410 meeting the extremely-low-income, very-low-income, or low-income 1411 limits specified in s. 420.0004. 1412 b.Building materials means tangible personal property 1413 that becomes a component part of eligible residential units in 1414 an affordable housing development. The term includes appliances 1415 and does not include plants, landscaping, fencing, and 1416 hardscaping. 1417 c.Eligible residential units means newly constructed 1418 units within an affordable housing development which are 1419 restricted under the land use restriction agreement. 1420 d.Newly constructed means improvements to real property 1421 which did not previously exist or the construction of a new 1422 improvement where an old improvement was removed. The term does 1423 not include the renovation, restoration, rehabilitation, 1424 modification, alteration, or expansion of buildings already 1425 located on the parcel on which the eligible residential unit is 1426 built. 1427 e.Real property has the same meaning as provided in s. 1428 192.001(12). 1429 f.Substantially completed has the same meaning as in s. 1430 192.042(1). 1431 2.Building materials used in eligible residential units 1432 are exempt from the tax imposed by this chapter if an owner 1433 demonstrates to the satisfaction of the department that the 1434 requirements of this paragraph have been met. Except as provided 1435 in subparagraph 3., this exemption inures to the owner at the 1436 time an eligible residential unit is substantially completed, 1437 but only through a refund of previously paid taxes. To receive a 1438 refund pursuant to this paragraph, the owner of the eligible 1439 residential units must file an application with the department. 1440 The application must include all of the following: 1441 a.The name and address of the person claiming the refund. 1442 b.An address and assessment roll parcel number of the real 1443 property that was improved for which a refund of previously paid 1444 taxes is being sought. 1445 c.A description of the eligible residential units for 1446 which a refund of previously paid taxes is being sought, 1447 including the number of such units. 1448 d.A copy of a valid building permit issued by the county 1449 or municipal building department for the eligible residential 1450 units. 1451 e.A sworn statement, under penalty of perjury, from the 1452 general contractor licensed in this state with whom the owner 1453 contracted to build the eligible residential units which 1454 specifies the building materials, the actual cost of the 1455 building materials, and the amount of sales tax paid in this 1456 state on the building materials, and which states that the 1457 improvement to the real property was newly constructed. If a 1458 general contractor was not used, the owner must make the sworn 1459 statement required by this sub-subparagraph. Copies of the 1460 invoices evidencing the actual cost of the building materials 1461 and the amount of sales tax paid on such building materials must 1462 be attached to the sworn statement provided by the general 1463 contractor or by the owner. If copies of such invoices are not 1464 attached, the cost of the building materials is deemed to be an 1465 amount equal to 40 percent of the increase in the final assessed 1466 value of the eligible residential units for ad valorem tax 1467 purposes less the most recent assessed value of land for the 1468 units. 1469 f.A certification by the local building code inspector 1470 that the eligible residential unit is substantially completed. 1471 g.A copy of the land use restriction agreement with the 1472 Florida Housing Finance Corporation for the eligible residential 1473 units. 1474 3.The exemption under this paragraph inures to a 1475 municipality, county, other governmental unit or agency, or 1476 nonprofit community-based organization through a refund of 1477 previously paid taxes if the building materials are paid for 1478 from the funds of a community development block grant, the State 1479 Housing Initiatives Partnership Program, or a similar grant or 1480 loan program. To receive a refund, a municipality, county, other 1481 governmental unit or agency, or nonprofit community-based 1482 organization must submit an application that includes the same 1483 information required under subparagraph 2. In addition, the 1484 applicant must include a sworn statement signed by the chief 1485 executive officer of the municipality, county, other 1486 governmental unit or agency, or nonprofit community-based 1487 organization seeking a refund which states that the building 1488 materials for which a refund is sought were funded by a 1489 community development block grant, the State Housing Initiatives 1490 Partnership Program, or a similar grant or loan program. 1491 4.The person seeking a refund must submit an application 1492 for refund to the department within 6 months after the eligible 1493 residential unit is deemed to be substantially completed by the 1494 local building code inspector or by November 1 after the 1495 improved property is first subject to assessment. 1496 5.Only one exemption through a refund of previously paid 1497 taxes may be claimed for any eligible residential unit. A refund 1498 may not be granted unless the amount to be refunded exceeds 1499 $500. A refund may not exceed the lesser of $5,000 or 97.5 1500 percent of the Florida sales or use tax paid on the cost of 1501 building materials as determined pursuant to sub-subparagraph 1502 2.e. The department shall issue a refund within 30 days after it 1503 formally approves a refund application. 1504 6.The department may adopt rules governing the manner and 1505 format of refund applications and may establish guidelines as to 1506 the requisites for an affirmative showing of qualification for 1507 exemption under this paragraph. 1508 7.This exemption under this paragraph applies to sales of 1509 building materials that occur on or after July 1, 2023. 1510 Section 13.Subsection (24) is added to section 213.053, 1511 Florida Statutes, to read: 1512 213.053Confidentiality and information sharing. 1513 (24)The department may make available to the Florida 1514 Housing Finance Corporation, exclusively for official purposes, 1515 information for the purpose of administering the Live Local 1516 Program pursuant to s. 420.50872. 1517 Section 14.Section 215.212, Florida Statutes, is created 1518 to read: 1519 215.212Service charge elimination. 1520 (1)Notwithstanding s. 215.20(1), the service charge 1521 provided in s. 215.20(1) may not be deducted from the proceeds 1522 of the taxes distributed under s. 201.15. 1523 (2)This section is repealed July 1, 2033. 1524 Section 15.Paragraph (i) of subsection (1) of section 1525 215.22, Florida Statutes, is amended to read: 1526 215.22Certain income and certain trust funds exempt. 1527 (1)The following income of a revenue nature or the 1528 following trust funds shall be exempt from the appropriation 1529 required by s. 215.20(1): 1530 (i)Bond proceeds or revenues dedicated for bond repayment, 1531 except for the Documentary Stamp Clearing Trust Fund 1532 administered by the Department of Revenue. 1533 Section 16.The amendment made by this act to s. 215.22, 1534 Florida Statutes, expires on July 1, 2033, and the text of that 1535 section shall revert to that in existence on June 30, 2023, 1536 except that any amendments to such text enacted other than by 1537 this act must be preserved and continue to operate to the extent 1538 that such amendments are not dependent upon the portions of the 1539 text which expire pursuant to this section. 1540 Section 17.Subsection (8) of section 220.02, Florida 1541 Statutes, is amended to read: 1542 220.02Legislative intent. 1543 (8)It is the intent of the Legislature that credits 1544 against either the corporate income tax or the franchise tax be 1545 applied in the following order: those enumerated in s. 631.828, 1546 those enumerated in s. 220.191, those enumerated in s. 220.181, 1547 those enumerated in s. 220.183, those enumerated in s. 220.182, 1548 those enumerated in s. 220.1895, those enumerated in s. 220.195, 1549 those enumerated in s. 220.184, those enumerated in s. 220.186, 1550 those enumerated in s. 220.1845, those enumerated in s. 220.19, 1551 those enumerated in s. 220.185, those enumerated in s. 220.1875, 1552 those enumerated in s. 220.1876, those enumerated in s. 1553 220.1877, those enumerated in s. 220.1878, those enumerated in 1554 s. 220.193, those enumerated in s. 288.9916, those enumerated in 1555 s. 220.1899, those enumerated in s. 220.194, those enumerated in 1556 s. 220.196, those enumerated in s. 220.198, and those enumerated 1557 in s. 220.1915. 1558 Section 18.Paragraph (a) of subsection (1) of section 1559 220.13, Florida Statutes, is amended to read: 1560 220.13Adjusted federal income defined. 1561 (1)The term adjusted federal income means an amount 1562 equal to the taxpayers taxable income as defined in subsection 1563 (2), or such taxable income of more than one taxpayer as 1564 provided in s. 220.131, for the taxable year, adjusted as 1565 follows: 1566 (a)Additions.There shall be added to such taxable income: 1567 1.a.The amount of any tax upon or measured by income, 1568 excluding taxes based on gross receipts or revenues, paid or 1569 accrued as a liability to the District of Columbia or any state 1570 of the United States which is deductible from gross income in 1571 the computation of taxable income for the taxable year. 1572 b.Notwithstanding sub-subparagraph a., if a credit taken 1573 under s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878 1574 is added to taxable income in a previous taxable year under 1575 subparagraph 11. and is taken as a deduction for federal tax 1576 purposes in the current taxable year, the amount of the 1577 deduction allowed shall not be added to taxable income in the 1578 current year. The exception in this sub-subparagraph is intended 1579 to ensure that the credit under s. 220.1875, s. 220.1876, or s. 1580 220.1877, or s. 220.1878 is added in the applicable taxable year 1581 and does not result in a duplicate addition in a subsequent 1582 year. 1583 2.The amount of interest which is excluded from taxable 1584 income under s. 103(a) of the Internal Revenue Code or any other 1585 federal law, less the associated expenses disallowed in the 1586 computation of taxable income under s. 265 of the Internal 1587 Revenue Code or any other law, excluding 60 percent of any 1588 amounts included in alternative minimum taxable income, as 1589 defined in s. 55(b)(2) of the Internal Revenue Code, if the 1590 taxpayer pays tax under s. 220.11(3). 1591 3.In the case of a regulated investment company or real 1592 estate investment trust, an amount equal to the excess of the 1593 net long-term capital gain for the taxable year over the amount 1594 of the capital gain dividends attributable to the taxable year. 1595 4.That portion of the wages or salaries paid or incurred 1596 for the taxable year which is equal to the amount of the credit 1597 allowable for the taxable year under s. 220.181. This 1598 subparagraph shall expire on the date specified in s. 290.016 1599 for the expiration of the Florida Enterprise Zone Act. 1600 5.That portion of the ad valorem school taxes paid or 1601 incurred for the taxable year which is equal to the amount of 1602 the credit allowable for the taxable year under s. 220.182. This 1603 subparagraph shall expire on the date specified in s. 290.016 1604 for the expiration of the Florida Enterprise Zone Act. 1605 6.The amount taken as a credit under s. 220.195 which is 1606 deductible from gross income in the computation of taxable 1607 income for the taxable year. 1608 7.That portion of assessments to fund a guaranty 1609 association incurred for the taxable year which is equal to the 1610 amount of the credit allowable for the taxable year. 1611 8.In the case of a nonprofit corporation which holds a 1612 pari-mutuel permit and which is exempt from federal income tax 1613 as a farmers cooperative, an amount equal to the excess of the 1614 gross income attributable to the pari-mutuel operations over the 1615 attributable expenses for the taxable year. 1616 9.The amount taken as a credit for the taxable year under 1617 s. 220.1895. 1618 10.Up to nine percent of the eligible basis of any 1619 designated project which is equal to the credit allowable for 1620 the taxable year under s. 220.185. 1621 11.Any amount taken as a credit for the taxable year under 1622 s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878. The 1623 addition in this subparagraph is intended to ensure that the 1624 same amount is not allowed for the tax purposes of this state as 1625 both a deduction from income and a credit against the tax. This 1626 addition is not intended to result in adding the same expense 1627 back to income more than once. 1628 12.The amount taken as a credit for the taxable year under 1629 s. 220.193. 1630 13.Any portion of a qualified investment, as defined in s. 1631 288.9913, which is claimed as a deduction by the taxpayer and 1632 taken as a credit against income tax pursuant to s. 288.9916. 1633 14.The costs to acquire a tax credit pursuant to s. 1634 288.1254(5) that are deducted from or otherwise reduce federal 1635 taxable income for the taxable year. 1636 15.The amount taken as a credit for the taxable year 1637 pursuant to s. 220.194. 1638 16.The amount taken as a credit for the taxable year under 1639 s. 220.196. The addition in this subparagraph is intended to 1640 ensure that the same amount is not allowed for the tax purposes 1641 of this state as both a deduction from income and a credit 1642 against the tax. The addition is not intended to result in 1643 adding the same expense back to income more than once. 1644 17.The amount taken as a credit for the taxable year 1645 pursuant to s. 220.198. 1646 18.The amount taken as a credit for the taxable year 1647 pursuant to s. 220.1915. 1648 Section 19.Paragraph (c) of subsection (1) of section 1649 220.183, Florida Statutes, is amended to read: 1650 220.183Community contribution tax credit. 1651 (1)AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 1652 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 1653 SPENDING. 1654 (c)The total amount of tax credit which may be granted for 1655 all programs approved under this section and ss. 212.08(5)(p) 1656 and 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 1657 fiscal year and in each fiscal year thereafter for projects that 1658 provide housing opportunities for persons with special needs as 1659 defined in s. 420.0004 and homeownership opportunities for low 1660 income households or very-low-income households as defined in s. 1661 420.9071 and $4.5 million in the 2022-2023 fiscal year and in 1662 each fiscal year thereafter for all other projects. 1663 Section 20.Subsection (2) of section 220.186, Florida 1664 Statutes, is amended to read: 1665 220.186Credit for Florida alternative minimum tax. 1666 (2)The credit pursuant to this section shall be the amount 1667 of the excess, if any, of the tax paid based upon taxable income 1668 determined pursuant to s. 220.13(2)(k) over the amount of tax 1669 which would have been due based upon taxable income without 1670 application of s. 220.13(2)(k), before application of this 1671 credit without application of any credit under s. 220.1875, s. 1672 220.1876, or s. 220.1877, or s. 220.1878. 1673 Section 21.Section 220.1878, Florida Statutes, is created 1674 to read: 1675 220.1878Credit for contributions to the Live Local 1676 Program. 1677 (1)For taxable years beginning on or after January 1, 1678 2023, there is allowed a credit of 100 percent of an eligible 1679 contribution made to the Live Local Program under s. 420.50872 1680 against any tax due for a taxable year under this chapter after 1681 the application of any other allowable credits by the taxpayer. 1682 An eligible contribution must be made to the Live Local Program 1683 on or before the date the taxpayer is required to file a return 1684 pursuant to s. 220.222. The credit granted by this section must 1685 be reduced by the difference between the amount of federal 1686 corporate income tax, taking into account the credit granted by 1687 this section, and the amount of federal corporate income tax 1688 without application of the credit granted by this section. 1689 (2)A taxpayer who files a Florida consolidated return as a 1690 member of an affiliated group pursuant to s. 220.131(1) may be 1691 allowed the credit on a consolidated return basis; however, the 1692 total credit taken by the affiliated group is subject to the 1693 limitation established under subsection (1). 1694 (3)Section 420.50872 applies to the credit authorized by 1695 this section. 1696 (4)If a taxpayer applies and is approved for a credit 1697 under s. 420.50872 after timely requesting an extension to file 1698 under s. 220.222(2): 1699 (a)The credit does not reduce the amount of tax due for 1700 purposes of the departments determination as to whether the 1701 taxpayer was in compliance with the requirement to pay tentative 1702 taxes under ss. 220.222 and 220.32. 1703 (b)The taxpayers noncompliance with the requirement to 1704 pay tentative taxes shall result in the revocation and 1705 rescindment of any such credit. 1706 (c)The taxpayer shall be assessed for any taxes, 1707 penalties, or interest due from the taxpayers noncompliance 1708 with the requirement to pay tentative taxes. 1709 Section 22.Paragraph (c) of subsection (2) of section 1710 220.222, Florida Statutes, is amended to read: 1711 220.222Returns; time and place for filing. 1712 (2) 1713 (c)1.For purposes of this subsection, a taxpayer is not in 1714 compliance with s. 220.32 if the taxpayer underpays the required 1715 payment by more than the greater of $2,000 or 30 percent of the 1716 tax shown on the return when filed. 1717 2.For the purpose of determining compliance with s. 220.32 1718 as referenced in subparagraph 1., the tax shown on the return 1719 when filed must include the amount of the allowable credits 1720 taken on the return pursuant to s. 220.1878. 1721 Section 23.Subsection (5) of section 253.034, Florida 1722 Statutes, is amended to read: 1723 253.034State-owned lands; uses. 1724 (5)Each manager of conservation lands shall submit to the 1725 Division of State Lands a land management plan at least every 10 1726 years in a form and manner adopted by rule of the board of 1727 trustees and in accordance with s. 259.032. Each manager of 1728 conservation lands shall also update a land management plan 1729 whenever the manager proposes to add new facilities or make 1730 substantive land use or management changes that were not 1731 addressed in the approved plan, or within 1 year after the 1732 addition of significant new lands. Each manager of 1733 nonconservation lands shall submit to the Division of State 1734 Lands a land use plan at least every 10 years in a form and 1735 manner adopted by rule of the board of trustees. The division 1736 shall review each plan for compliance with the requirements of 1737 this subsection and the requirements of the rules adopted by the 1738 board of trustees pursuant to this section. All nonconservation 1739 land use plans, whether for single-use or multiple-use 1740 properties, shall be managed to provide the greatest benefit to 1741 the state. Plans for managed areas larger than 1,000 acres shall 1742 contain an analysis of the multiple-use potential of the 1743 property which includes the potential of the property to 1744 generate revenues to enhance the management of the property. In 1745 addition, the plan shall contain an analysis of the potential 1746 use of private land managers to facilitate the restoration or 1747 management of these lands and whether nonconservation lands 1748 would be more appropriately transferred to the county or 1749 municipality in which the land is located for the purpose of 1750 providing affordable multifamily rental housing that meets the 1751 criteria of s. 420.0004(3). If a newly acquired property has a 1752 valid conservation plan that was developed by a soil and 1753 conservation district, such plan shall be used to guide 1754 management of the property until a formal land use plan is 1755 completed. 1756 (a)State conservation lands shall be managed to ensure the 1757 conservation of this the states plant and animal species and to 1758 ensure the accessibility of state lands for the benefit and 1759 enjoyment of all people of this the state, both present and 1760 future. Each land management plan for state conservation lands 1761 shall provide a desired outcome, describe both short-term and 1762 long-term management goals, and include measurable objectives to 1763 achieve those goals. Short-term goals shall be achievable within 1764 a 2-year planning period, and long-term goals shall be 1765 achievable within a 10-year planning period. These short-term 1766 and long-term management goals shall be the basis for all 1767 subsequent land management activities. 1768 (b)Short-term and long-term management goals for state 1769 conservation lands shall include measurable objectives for the 1770 following, as appropriate: 1771 1.Habitat restoration and improvement. 1772 2.Public access and recreational opportunities. 1773 3.Hydrological preservation and restoration. 1774 4.Sustainable forest management. 1775 5.Exotic and invasive species maintenance and control. 1776 6.Capital facilities and infrastructure. 1777 7.Cultural and historical resources. 1778 8.Imperiled species habitat maintenance, enhancement, 1779 restoration, or population restoration. 1780 (c)The land management plan shall, at a minimum, contain 1781 the following elements: 1782 1.A physical description of the land. 1783 2.A quantitative data description of the land which 1784 includes an inventory of forest and other natural resources; 1785 exotic and invasive plants; hydrological features; 1786 infrastructure, including recreational facilities; and other 1787 significant land, cultural, or historical features. The 1788 inventory shall reflect the number of acres for each resource 1789 and feature, when appropriate. The inventory shall be of such 1790 detail that objective measures and benchmarks can be established 1791 for each tract of land and monitored during the lifetime of the 1792 plan. All quantitative data collected shall be aggregated, 1793 standardized, collected, and presented in an electronic format 1794 to allow for uniform management reporting and analysis. The 1795 information collected by the Department of Environmental 1796 Protection pursuant to s. 253.0325(2) shall be available to the 1797 land manager and his or her assignee. 1798 3.A detailed description of each short-term and long-term 1799 land management goal, the associated measurable objectives, and 1800 the related activities that are to be performed to meet the land 1801 management objectives. Each land management objective must be 1802 addressed by the land management plan, and if practicable, a 1803 land management objective may not be performed to the detriment 1804 of the other land management objectives. 1805 4.A schedule of land management activities which contains 1806 short-term and long-term land management goals and the related 1807 measurable objective and activities. The schedule shall include 1808 for each activity a timeline for completion, quantitative 1809 measures, and detailed expense and manpower budgets. The 1810 schedule shall provide a management tool that facilitates 1811 development of performance measures. 1812 5.A summary budget for the scheduled land management 1813 activities of the land management plan. For state lands 1814 containing or anticipated to contain imperiled species habitat, 1815 the summary budget shall include any fees anticipated from 1816 public or private entities for projects to offset adverse 1817 impacts to imperiled species or such habitat, which fees shall 1818 be used solely to restore, manage, enhance, repopulate, or 1819 acquire imperiled species habitat. The summary budget shall be 1820 prepared in such manner that it facilitates computing an 1821 aggregate of land management costs for all state-managed lands 1822 using the categories described in s. 259.037(3). 1823 (d)Upon completion, the land management plan must be 1824 transmitted to the Acquisition and Restoration Council for 1825 review. The council shall have 90 days after receipt of the plan 1826 to review the plan and submit its recommendations to the board 1827 of trustees. During the review period, the land management plan 1828 may be revised if agreed to by the primary land manager and the 1829 council taking into consideration public input. The land 1830 management plan becomes effective upon approval by the board of 1831 trustees. 1832 (e)Land management plans are to be updated every 10 years 1833 on a rotating basis. Each updated land management plan must 1834 identify any conservation lands under the plan, in part or in 1835 whole, that are no longer needed for conservation purposes and 1836 could be disposed of in fee simple or with the state retaining a 1837 permanent conservation easement. 1838 (f)In developing land management plans, at least one 1839 public hearing shall be held in any one affected county. 1840 (g)The Division of State Lands shall make available to the 1841 public an electronic copy of each land management plan for 1842 parcels that exceed 160 acres in size. The division shall review 1843 each plan for compliance with the requirements of this 1844 subsection, the requirements of chapter 259, and the 1845 requirements of the rules adopted by the board of trustees 1846 pursuant to this section. The Acquisition and Restoration 1847 Council shall also consider the propriety of the recommendations 1848 of the managing entity with regard to the future use of the 1849 property, the protection of fragile or nonrenewable resources, 1850 the potential for alternative or multiple uses not recognized by 1851 the managing entity, and the possibility of disposal of the 1852 property by the board of trustees. After its review, the council 1853 shall submit the plan, along with its recommendations and 1854 comments, to the board of trustees. The council shall 1855 specifically recommend to the board of trustees whether to 1856 approve the plan as submitted, approve the plan with 1857 modifications, or reject the plan. If the council fails to make 1858 a recommendation for a land management plan, the Secretary of 1859 Environmental Protection, Commissioner of Agriculture, or 1860 executive director of the Fish and Wildlife Conservation 1861 Commission or their designees shall submit the land management 1862 plan to the board of trustees. 1863 (h)The board of trustees shall consider the land 1864 management plan submitted by each entity and the recommendations 1865 of the Acquisition and Restoration Council and the Division of 1866 State Lands and shall approve the plan with or without 1867 modification or reject such plan. The use or possession of any 1868 such lands that is not in accordance with an approved land 1869 management plan is subject to termination by the board of 1870 trustees. 1871 (i)1.State nonconservation lands shall be managed to 1872 provide the greatest benefit to the state. State nonconservation 1873 lands may be grouped by similar land use types under one land 1874 use plan. Each land use plan shall, at a minimum, contain the 1875 following elements: 1876 a.A physical description of the land to include any 1877 significant natural or cultural resources as well as management 1878 strategies developed by the land manager to protect such 1879 resources. 1880 b.A desired development outcome. 1881 c.A schedule for achieving the desired development 1882 outcome. 1883 d.A description of both short-term and long-term 1884 development goals. 1885 e.A management and control plan for invasive nonnative 1886 plants. 1887 f.A management and control plan for soil erosion and soil 1888 and water contamination. 1889 g.Measureable objectives to achieve the goals identified 1890 in the land use plan. 1891 2.Short-term goals shall be achievable within a 5-year 1892 planning period and long-term goals shall be achievable within a 1893 10-year planning period. 1894 3.The use or possession of any such lands that is not in 1895 accordance with an approved land use plan is subject to 1896 termination by the board of trustees. 1897 4.Land use plans submitted by a manager shall include 1898 reference to appropriate statutory authority for such use or 1899 uses and shall conform to the appropriate policies and 1900 guidelines of the state land management plan. 1901 Section 24.Subsection (1) of section 253.0341, Florida 1902 Statutes, is amended to read: 1903 253.0341Surplus of state-owned lands. 1904 (1)The board of trustees shall determine which lands, the 1905 title to which is vested in the board, may be surplused. For all 1906 conservation lands, the Acquisition and Restoration Council 1907 shall make a recommendation to the board of trustees, and the 1908 board of trustees shall determine whether the lands are no 1909 longer needed for conservation purposes. If the board of 1910 trustees determines the lands are no longer needed for 1911 conservation purposes, it may dispose of such lands by an 1912 affirmative vote of at least three members. In the case of a 1913 land exchange involving the disposition of conservation lands, 1914 the board of trustees must determine by an affirmative vote of 1915 at least three members that the exchange will result in a net 1916 positive conservation benefit. For all nonconservation lands, 1917 the board of trustees shall determine whether the lands are no 1918 longer needed. If the board of trustees determines the lands are 1919 no longer needed, it may dispose of such lands by an affirmative 1920 vote of at least three members. Local government requests for 1921 the state to surplus conservation or nonconservation lands, 1922 whether for purchase, or exchange, or any other means of 1923 transfer, must shall be expedited throughout the surplusing 1924 process. Property jointly acquired by the state and other 1925 entities may not be surplused without the consent of all joint 1926 owners. 1927 Section 25.Subsection (2) of section 288.101, Florida 1928 Statutes, is amended to read: 1929 288.101Florida Job Growth Grant Fund. 1930 (2)The department and Enterprise Florida, Inc., may 1931 identify projects, solicit proposals, and make funding 1932 recommendations to the Governor, who is authorized to approve: 1933 (a)State or local public infrastructure projects to 1934 promote: 1935 1.Economic recovery in specific regions of this the 1936 state;, 1937 2.Economic diversification;, or 1938 3.Economic enhancement in a targeted industry. 1939 (b)State or local public infrastructure projects to 1940 facilitate the development or construction of affordable 1941 housing. This paragraph is repealed July 1, 2033. 1942 (c)Infrastructure funding to accelerate the rehabilitation 1943 of the Herbert Hoover Dike. The department or the South Florida 1944 Water Management District may enter into agreements, as 1945 necessary, with the United States Army Corps of Engineers to 1946 implement this paragraph. 1947 (d)(c)Workforce training grants to support programs at 1948 state colleges and state technical centers that provide 1949 participants with transferable, sustainable workforce skills 1950 applicable to more than a single employer, and for equipment 1951 associated with these programs. The department shall work with 1952 CareerSource Florida, Inc., to ensure programs are offered to 1953 the public based on criteria established by the state college or 1954 state technical center and do not exclude applicants who are 1955 unemployed or underemployed. 1956 Section 26.Section 420.0003, Florida Statutes, is amended 1957 to read: 1958 (Substantial rewording of section. See 1959 s. 420.0003, F.S., for present text.) 1960 420.0003State housing strategy. 1961 (1)LEGISLATIVE INTENT.It is the intent of this act to 1962 articulate a state housing strategy that will carry the state 1963 toward the goal of ensuring that each Floridian has safe, 1964 decent, and affordable housing. This strategy must involve state 1965 and local governments working in partnership with communities 1966 and the private sector and must involve financial, as well as 1967 regulatory, commitment to accomplish this goal. 1968 (2)POLICIES. 1969 (a)Housing production and rehabilitation programs. 1970 Programs to encourage housing production or rehabilitation must 1971 be guided by the following general policies, as appropriate for 1972 the purpose of the specific program: 1973 1.State and local governments shall provide incentives to 1974 encourage the private sector to be the primary delivery vehicle 1975 for the development of affordable housing. When possible, state 1976 funds should be heavily leveraged to achieve the maximum 1977 federal, local, and private commitment of funds and be used to 1978 ensure long-term affordability. To the maximum extent possible, 1979 state funds should be expended to create new housing stock and 1980 be used for repayable loans rather than grants. Local incentives 1981 to stimulate private sector development of affordable housing 1982 may include establishment of density bonus incentives. 1983 2.State and local governments should consider and 1984 implement innovative solutions to housing issues where 1985 appropriate. Innovative solutions include, but are not limited 1986 to: 1987 a.Utilizing publicly held land to develop affordable 1988 housing through state or local land purchases, long-term land 1989 leasing, and school district affordable housing programs. To the 1990 maximum extent possible, state-owned lands that are appropriate 1991 for the development of affordable housing must be made available 1992 for that purpose. 1993 b.Community-led planning that focuses on urban infill, 1994 flexible zoning, redevelopment of commercial property into 1995 mixed-use property, resiliency, and furthering development in 1996 areas with preexisting public services, such as wastewater, 1997 transit, and schools. 1998 c.Project features that maximize efficiency in land and 1999 resource use, such as high density, high rise, and mixed use. 2000 d.Mixed-income projects that facilitate more diverse and 2001 successful communities. 2002 e.Modern housing concepts such as manufactured homes, tiny 2003 homes, 3D-printed homes, and accessory dwelling units. 2004 3.State funds should be available only to local 2005 governments that provide incentives or financial assistance for 2006 housing. State funding for housing should not be made available 2007 to local governments whose comprehensive plans have been found 2008 not in compliance with chapter 163 and who have not entered into 2009 a stipulated settlement agreement with the department to bring 2010 the plans into compliance. State funds should be made available 2011 only for projects consistent with the local governments 2012 comprehensive plan. 2013 4.Local governments are encouraged to enter into 2014 interlocal agreements, as appropriate, to coordinate strategies 2015 and maximize the use of state and local funds. 2016 5.State-funded development should emphasize use of 2017 developed land, urban infill, and the transformation of existing 2018 infrastructure in order to minimize sprawl, separation of 2019 housing from employment, and effects of increased housing on 2020 ecological preservation areas. Housing available to the states 2021 workforce should prioritize proximity to employment and 2022 services. 2023 (b)Public-private partnerships.Cost-effective public 2024 private partnerships must emphasize production and preservation 2025 of affordable housing. 2026 1.Data must be developed and maintained on the affordable 2027 housing activities of local governments, community-based 2028 organizations, and private developers. 2029 2.The state shall assist local governments and community 2030 based organizations by providing training and technical 2031 assistance. 2032 3.In coordination with local activities and with federal 2033 initiatives, the state shall provide incentives for public 2034 sector and private sector development of affordable housing. 2035 (c)Preservation of housing stock.The existing stock of 2036 affordable housing must be preserved and improved through 2037 rehabilitation programs and expanded neighborhood revitalization 2038 efforts to promote suitable living environments for individuals 2039 and families. 2040 (d)Unique housing needs.The wide range of need for safe, 2041 decent, and affordable housing must be addressed, with an 2042 emphasis on assisting the neediest persons. 2043 1.State housing programs must promote the self-sufficiency 2044 and economic dignity of the people of this state, including 2045 elderly persons and persons with disabilities. 2046 2.The housing requirements of special needs populations 2047 must be addressed through programs that promote a range of 2048 housing options bolstering integration with the community. 2049 3.All housing initiatives and programs must be 2050 nondiscriminatory. 2051 4.The geographic distribution of resources must provide 2052 for the development of housing in rural and urban areas. 2053 5.The important contribution of public housing to the 2054 well-being of citizens in need shall be acknowledged through 2055 efforts to continue and bolster existing programs. State and 2056 local government funds allocated to enhance public housing must 2057 be used to supplement, not supplant, federal support. 2058 (3)IMPLEMENTATION.The state, in carrying out the strategy 2059 articulated in this section, shall have the following duties: 2060 (a)State fiscal resources must be directed to achieve the 2061 following programmatic objectives: 2062 1.Effective technical assistance and capacity-building 2063 programs must be established at the state and local levels. 2064 2.The Shimberg Center for Housing Studies at the 2065 University of Florida shall develop and maintain statewide data 2066 on housing needs and production, provide technical assistance 2067 relating to real estate development and finance, operate an 2068 information clearinghouse on housing programs, and coordinate 2069 state housing initiatives with local government and federal 2070 programs. 2071 3.The corporation shall maintain a consumer-focused 2072 website for connecting tenants with affordable housing. 2073 (b)The long-range program plan of the department must 2074 include specific goals, objectives, and strategies that 2075 implement the housing policies in this section. 2076 (c)The Shimberg Center for Housing Studies at the 2077 University of Florida, in consultation with the department and 2078 the corporation, shall perform functions related to the research 2079 and planning for affordable housing. Functions must include 2080 quantifying affordable housing needs, documenting results of 2081 programs administered, and inventorying the supply of affordable 2082 housing units made available in this state. The recommendations 2083 required in this section and a report of any programmatic 2084 modifications made as a result of these policies must be 2085 included in the housing report required by s. 420.6075. The 2086 report must identify the needs of specific populations, 2087 including, but not limited to, elderly persons, persons with 2088 disabilities, and persons with special needs, and may recommend 2089 statutory modifications when appropriate. 2090 (d)The Office of Program Policy Analysis and Government 2091 Accountability (OPPAGA) shall evaluate affordable housing issues 2092 pursuant to the schedule set forth in this paragraph. OPPAGA may 2093 coordinate with and rely upon the expertise and research 2094 activities of the Shimberg Center for Housing Studies in 2095 conducting the evaluations. The analysis may include relevant 2096 reports prepared by the Shimberg Center for Housing Studies, the 2097 department, the corporation, and the provider of the Affordable 2098 Housing Catalyst Program; interviews with the agencies, 2099 providers, offices, developers, and other organizations related 2100 to the development and provision of affordable housing at the 2101 state and local levels; and any other relevant data. When 2102 appropriate, each report must recommend policy and statutory 2103 modifications for consideration by the Legislature. Each report 2104 must be submitted to the President of the Senate and the Speaker 2105 of the House of Representatives pursuant to the schedule. OPPAGA 2106 shall review and evaluate: 2107 1.By December 15, 2023, and every 5 years thereafter, 2108 innovative affordable housing strategies implemented by other 2109 states, their effectiveness, and their potential for 2110 implementation in this state. 2111 2.By December 15, 2024, and every 5 years thereafter, 2112 affordable housing policies enacted by local governments, their 2113 effectiveness, and which policies constitute best practices for 2114 replication across this state. The report must include a review 2115 and evaluation of the extent to which interlocal cooperation is 2116 used, effective, or hampered. 2117 3.By December 15, 2025, and every 5 years thereafter, 2118 existing state-level housing rehabilitation, production, 2119 preservation, and finance programs to determine their 2120 consistency with relevant policies in this section and 2121 effectiveness in providing affordable housing. The report must 2122 also include an evaluation of the degree of coordination between 2123 housing programs of this state, and between state, federal, and 2124 local housing activities, and shall recommend improved program 2125 linkages when appropriate. 2126 (e)The department and the corporation should conform the 2127 administrative rules for each housing program to the policies 2128 stated in this section, provided that such changes in the rules 2129 are consistent with the statutory intent or requirements for the 2130 program. This authority applies only to programs offering loans, 2131 grants, or tax credits and only to the extent that state 2132 policies are consistent with applicable federal requirements. 2133 Section 27.Subsection (36) of section 420.503, Florida 2134 Statutes, is amended to read: 2135 420.503Definitions.As used in this part, the term: 2136 (36)Qualified contract has the same meaning as in 26 2137 U.S.C. s. 42(h)(6)(F) in effect on the date of the preliminary 2138 determination certificate for the low-income housing tax credits 2139 for the development that is the subject of the qualified 2140 contract request, unless the Internal Revenue Code requires a 2141 different statute or regulation to apply to the development. The 2142 corporation shall deem a bona fide contract to be a qualified 2143 contract at the time the bona fide contract is presented to the 2144 owner and the initial second earnest money deposit is deposited 2145 in escrow in accordance with the terms of the bona fide 2146 contract, and, in such event, the corporation is deemed to have 2147 fulfilled its responsibility to present the owner with a 2148 qualified contract. 2149 Section 28.Subsection (3) and paragraph (a) of subsection 2150 (4) of section 420.504, Florida Statutes, are amended to read: 2151 420.504Public corporation; creation, membership, terms, 2152 expenses. 2153 (3)The corporation is a separate budget entity and is not 2154 subject to control, supervision, or direction by the department 2155 of Economic Opportunity in any manner, including, but not 2156 limited to, personnel, purchasing, transactions involving real 2157 or personal property, and budgetary matters. The corporation 2158 shall consist of a board of directors composed of the Secretary 2159 of Economic Opportunity as an ex officio and voting member, or a 2160 senior-level agency employee designated by the secretary, one 2161 member appointed by the President of the Senate, one member 2162 appointed by the Speaker of the House of Representatives, and 2163 eight members appointed by the Governor subject to confirmation 2164 by the Senate from the following: 2165 (a)One citizen actively engaged in the residential home 2166 building industry. 2167 (b)One citizen actively engaged in the banking or mortgage 2168 banking industry. 2169 (c)One citizen who is a representative of those areas of 2170 labor engaged in home building. 2171 (d)One citizen with experience in housing development who 2172 is an advocate for low-income persons. 2173 (e)One citizen actively engaged in the commercial building 2174 industry. 2175 (f)One citizen who is a former local government elected 2176 official. 2177 (g)Two citizens of the state who are not principally 2178 employed as members or representatives of any of the groups 2179 specified in paragraphs (a)-(f). 2180 (4)(a)Members of the corporation shall be appointed for 2181 terms of 4 years, except that any vacancy shall be filled for 2182 the unexpired term. Vacancies on the board shall be filled by 2183 appointment by the Governor, the President of the Senate, or the 2184 Speaker of the House of Representatives, respectively, depending 2185 on who appointed the member whose vacancy is to be filled or 2186 whose term has expired. 2187 Section 29.Subsection (30) of section 420.507, Florida 2188 Statutes, is amended to read: 2189 420.507Powers of the corporation.The corporation shall 2190 have all the powers necessary or convenient to carry out and 2191 effectuate the purposes and provisions of this part, including 2192 the following powers which are in addition to all other powers 2193 granted by other provisions of this part: 2194 (30)To prepare and submit to the Secretary of Economic 2195 Opportunity a budget request for purposes of the corporation, 2196 which request must shall, notwithstanding the provisions of 2197 chapter 216 and in accordance with s. 216.351, contain a request 2198 for operational expenditures and separate requests for other 2199 authorized corporation programs. The request must include, for 2200 informational purposes, the amount of state funds necessary to 2201 use all federal housing funds anticipated to be received by, or 2202 allocated to, the state in the fiscal year in order to maximize 2203 the production of new, affordable multifamily housing units in 2204 this state. The request need not contain information on the 2205 number of employees, salaries, or any classification thereof, 2206 and the approved operating budget therefor need not comply with 2207 s. 216.181(8)-(10). The secretary may include within the 2208 departments budget request the corporations budget request in 2209 the form as authorized by this section. 2210 Section 30.The amendment made by this act to s. 2211 420.507(30), Florida Statutes, expires July 1, 2033, and the 2212 text of that subsection shall revert to that in existence on 2213 June 30, 2023, except that any amendments to such text enacted 2214 other than by this act shall be preserved and continue to 2215 operate to the extent that such amendments are not dependent 2216 upon the portions of text which expire pursuant to this section. 2217 Section 31.Subsection (10) of section 420.5087, Florida 2218 Statutes, is amended to read: 2219 420.5087State Apartment Incentive Loan Program.There is 2220 hereby created the State Apartment Incentive Loan Program for 2221 the purpose of providing first, second, or other subordinated 2222 mortgage loans or loan guarantees to sponsors, including for 2223 profit, nonprofit, and public entities, to provide housing 2224 affordable to very-low-income persons. 2225 (10)The corporation may prioritize a portion of the 2226 program funds set aside under paragraph (3)(d) for persons with 2227 special needs as defined in s. 420.0004(13) to provide funding 2228 for the development of newly constructed permanent rental 2229 housing on a campus that provides housing for persons in foster 2230 care or persons aging out of foster care pursuant to s. 2231 409.1451. Such housing shall promote and facilitate access to 2232 community-based supportive, educational, and employment services 2233 and resources that assist persons aging out of foster care to 2234 successfully transition to independent living and adulthood. The 2235 corporation must consult with the Department of Children and 2236 Families to create minimum criteria for such housing. 2237 Section 32.Section 420.50871, Florida Statutes, is created 2238 to read: 2239 420.50871Allocation of increased revenues derived from 2240 amendments to s. 201.15 made by this act.Funds that result from 2241 increased revenues to the State Housing Trust Fund derived from 2242 amendments made to s. 201.15 made by this act must be used 2243 annually for projects under the State Apartment Incentive Loan 2244 Program under s. 420.5087 as set forth in this section, 2245 notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and 2246 (3). The Legislature intends for these funds to provide for 2247 innovative projects that provide affordable and attainable 2248 housing for persons and families working, going to school, or 2249 living in this state. Projects approved under this section are 2250 intended to provide housing that is affordable as defined in s. 2251 420.0004, notwithstanding the income limitations in s. 2252 420.5087(2). Beginning in the 2023-2024 fiscal year and annually 2253 for 10 years thereafter: 2254 (1)The corporation shall allocate 70 percent of the funds 2255 provided by this section to issue competitive requests for 2256 application for the affordable housing project purposes 2257 specified in this subsection. The corporation shall finance 2258 projects that: 2259 (a)Both redevelop an existing affordable housing 2260 development and provide for the construction of a new 2261 development within close proximity to the existing development 2262 to be rehabilitated. Each project must provide for building the 2263 new affordable housing development first, relocating the tenants 2264 of the existing development to the new development, and then 2265 demolishing the existing development for reconstruction of an 2266 affordable housing development with more overall and affordable 2267 units. 2268 (b)Address urban infill, including conversions of vacant, 2269 dilapidated, or functionally obsolete buildings or the use of 2270 underused commercial property. 2271 (c)Provide for mixed use of the location, incorporating 2272 nonresidential uses, such as retail, office, institutional, or 2273 other appropriate commercial or nonresidential uses. 2274 (d)Provide housing near military installations in this 2275 state, with preference given to projects that incorporate 2276 critical services for servicemembers, their families, and 2277 veterans, such as mental health treatment services, employment 2278 services, and assistance with transition from active-duty 2279 service to civilian life. 2280 (2)From the remaining funds, the corporation shall 2281 allocate the funds to issue competitive requests for application 2282 for any of the following affordable housing purposes specified 2283 in this subsection. The corporation shall finance projects that: 2284 (a)Propose using or leasing public lands. Projects that 2285 propose to use or lease public lands must include a resolution 2286 or other agreement with the unit of government owning the land 2287 to use the land for affordable housing purposes. 2288 (b)Address the needs of young adults who age out of the 2289 foster care system. 2290 (c)Meet the needs of elderly persons. 2291 (d)Provide housing to meet the needs in areas of rural 2292 opportunity, designated pursuant to s. 288.0656. 2293 (3)Under any request for application under this section, 2294 the corporation shall coordinate with the appropriate state 2295 department or agency and prioritize projects that provide for 2296 mixed-income developments. 2297 (4)This section does not prohibit the corporation from 2298 allocating additional funds to the purposes described in this 2299 section. In any fiscal year, if the funds allocated by the 2300 corporation to any request for application under subsections (1) 2301 and (2) are not fully used after the application and award 2302 processes are complete, the corporation may use those funds to 2303 supplement any future request for application under this 2304 section. 2305 (5)This section is repealed June 30, 2033. 2306 Section 33.The Division of Law Revision is directed to 2307 replace the phrase this act wherever it occurs in s. 2308 420.50871, Florida Statutes, as created by this act, with the 2309 assigned chapter number of this act. 2310 Section 34.Section 420.50872, Florida Statutes, is created 2311 to read: 2312 420.50872Live Local Program. 2313 (1)DEFINITIONS.As used in this section, the term: 2314 (a)Annual tax credit amount means, for any state fiscal 2315 year, the sum of the amount of tax credits approved under 2316 paragraph (3)(a), including tax credits to be taken under s. 2317 220.1878 or s. 624.51058, which are approved for taxpayers whose 2318 taxable years begin on or after January 1 of the calendar year 2319 preceding the start of the applicable state fiscal year. 2320 (b)Eligible contribution means a monetary contribution 2321 from a taxpayer, subject to the restrictions provided in this 2322 section, to the corporation for use in the State Apartment 2323 Incentive Loan Program under s. 420.5087. The taxpayer making 2324 the contribution may not designate a specific project, property, 2325 or geographic area of this state as the beneficiary of the 2326 eligible contribution. 2327 (c)Live Local Program means the program described in 2328 this section whereby eligible contributions are made to the 2329 corporation. 2330 (d)Tax credit cap amount means the maximum annual tax 2331 credit amount that the Department of Revenue may approve for a 2332 state fiscal year. 2333 (2)RESPONSIBILITIES OF THE CORPORATION.The corporation 2334 shall: 2335 (a)Expend 100 percent of eligible contributions received 2336 under this section for the State Apartment Incentive Loan 2337 Program under s. 420.5087. However, the corporation may use up 2338 to $25 million of eligible contributions to provide loans for 2339 the construction of large-scale projects of significant regional 2340 impact. Such projects must include a substantial civic, 2341 educational, or health care use and may include a commercial 2342 use, any of which must be incorporated within or contiguous to 2343 the project property. Such a loan must be made, except as 2344 otherwise provided in this subsection, in accordance with the 2345 practices and policies of the State Apartment Incentive Loan 2346 Program. Such a loan is subject to the competitive application 2347 process and may not exceed 25 percent of the total project cost. 2348 The corporation must find that the loan provides a unique 2349 opportunity for investment alongside local government 2350 participation that would enable creation of a significant amount 2351 of affordable housing. Projects approved under this section are 2352 intended to provide housing that is affordable as defined in s. 2353 420.0004, notwithstanding the income limitations in s. 2354 420.5087(2). 2355 (b)Upon receipt of an eligible contribution, provide the 2356 taxpayer that made the contribution with a certificate of 2357 contribution. A certificate of contribution must include the 2358 taxpayers name; its federal employer identification number, if 2359 available; the amount contributed; and the date of contribution. 2360 (c)Within 10 days after issuing a certificate of 2361 contribution, provide a copy to the Department of Revenue. 2362 (3)LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND 2363 LIMITATIONS. 2364 (a)Beginning in the 2023-2024 fiscal year, the tax credit 2365 cap amount is $100 million in each state fiscal year. 2366 (b)Beginning October 1, 2023, a taxpayer may submit an 2367 application to the Department of Revenue for an allocation of 2368 the tax credit cap for tax credits to be taken under either or 2369 both of s. 220.1878 or s. 624.51058. 2370 1.The taxpayer shall specify in the application each tax 2371 for which the taxpayer requests a credit and the applicable 2372 taxable year. For purposes of s. 220.1878, a taxpayer may apply 2373 for a credit to be used for a prior taxable year before the date 2374 the taxpayer is required to file a return for that year pursuant 2375 to s. 220.222. For purposes of s. 624.51058, a taxpayer may 2376 apply for a credit to be used for a prior taxable year before 2377 the date the taxpayer is required to file a return for that 2378 prior taxable year pursuant to ss. 624.509 and 624.5092. The 2379 Department of Revenue shall approve tax credits on a first-come, 2380 first-served basis. 2381 2.Within 10 days after approving or denying an 2382 application, the Department of Revenue shall provide a copy of 2383 its approval or denial letter to the corporation. 2384 (c)If a tax credit approved under paragraph (b) is not 2385 fully used for the specified taxable year for credits under s. 2386 220.1878 or s. 624.51058 because of insufficient tax liability 2387 on the part of the taxpayer, the unused amount may be carried 2388 forward for a period not to exceed 10 taxable years. For 2389 purposes of s. 220.1878, a credit carried forward may be used in 2390 a subsequent year after applying the other credits and unused 2391 carryovers in the order provided in s. 220.02(8). 2392 (d)A taxpayer may not convey, transfer, or assign an 2393 approved tax credit or a carryforward tax credit to another 2394 entity unless all of the assets of the taxpayer are conveyed, 2395 assigned, or transferred in the same transaction. However, a tax 2396 credit under s. 220.1878 or s. 624.51058 may be conveyed, 2397 transferred, or assigned between members of an affiliated group 2398 of corporations if the type of tax credit under s. 220.1878 or 2399 s. 624.51058 remains the same. A taxpayer shall notify the 2400 Department of Revenue of its intent to convey, transfer, or 2401 assign a tax credit to another member within an affiliated group 2402 of corporations. The amount conveyed, transferred, or assigned 2403 is available to another member of the affiliated group of 2404 corporations upon approval by the Department of Revenue. 2405 (e)Within any state fiscal year, a taxpayer may rescind 2406 all or part of a tax credit allocation approved under paragraph 2407 (b). The amount rescinded must become available for that state 2408 fiscal year to another eligible taxpayer as approved by the 2409 Department of Revenue if the taxpayer receives notice from the 2410 Department of Revenue that the rescindment has been accepted by 2411 the Department of Revenue. Any amount rescinded under this 2412 paragraph must become available to an eligible taxpayer on a 2413 first-come, first-served basis based on tax credit applications 2414 received after the date the rescindment is accepted by the 2415 Department of Revenue. 2416 (f)Within 10 days after approving or denying the 2417 conveyance, transfer, or assignment of a tax credit under 2418 paragraph (d), or the rescindment of a tax credit under 2419 paragraph (e), the Department of Revenue shall provide a copy of 2420 its approval or denial letter to the corporation. 2421 (g)For purposes of calculating the underpayment of 2422 estimated corporate income taxes under s. 220.34 and tax 2423 installment payments for taxes on insurance premiums or 2424 assessments under s. 624.5092, the final amount due is the 2425 amount after credits earned under s. 220.1878 or s. 624.51058 2426 for contributions to eligible charitable organizations are 2427 deducted. 2428 1.For purposes of determining if a penalty or interest 2429 under s. 220.34(2)(d)1. will be imposed for underpayment of 2430 estimated corporate income tax, a taxpayer may, after earning a 2431 credit under s. 220.1878, reduce any estimated payment in that 2432 taxable year by the amount of the credit. 2433 2.For purposes of determining if a penalty under s. 2434 624.5092 will be imposed, an insurer, after earning a credit 2435 under s. 624.51058 for a taxable year, may reduce any 2436 installment payment for such taxable year of 27 percent of the 2437 amount of the net tax due as reported on the return for the 2438 preceding year under s. 624.5092(2)(b) by the amount of the 2439 credit. 2440 (4)PRESERVATION OF CREDIT.If any provision or portion of 2441 this section, s. 220.1878, or s. 624.51058 or the application 2442 thereof to any person or circumstance is held unconstitutional 2443 by any court or is otherwise declared invalid, the 2444 unconstitutionality or invalidity does not affect any credit 2445 earned under s. 220.1878 or s. 624.51058 by any taxpayer with 2446 respect to any contribution paid to the Live Local Program 2447 before the date of a determination of unconstitutionality or 2448 invalidity. The credit must be allowed at such time and in such 2449 a manner as if a determination of unconstitutionality or 2450 invalidity had not been made, provided that nothing in this 2451 subsection by itself or in combination with any other provision 2452 of law may result in the allowance of any credit to any taxpayer 2453 in excess of $1 of credit for each dollar paid to an eligible 2454 charitable organization. 2455 (5)ADMINISTRATION; RULES. 2456 (a)The Department of Revenue and the corporation may 2457 develop a cooperative agreement to assist in the administration 2458 of this section, as needed. 2459 (b)The Department of Revenue may adopt rules necessary to 2460 administer this section, s. 220.1878, and s. 624.51058, 2461 including rules establishing application forms, procedures 2462 governing the approval of tax credits and carryforward tax 2463 credits under subsection (3), and procedures to be followed by 2464 taxpayers when claiming approved tax credits on their returns. 2465 (c)By August 15, 2023, and by each August 15 thereafter, 2466 the Department of Revenue shall determine the 500 taxpayers with 2467 the greatest total corporate income or franchise tax due as 2468 reported on the taxpayers return filed pursuant to s. 220.22 2469 during the previous calendar year and notify those taxpayers of 2470 the existence of the Live Local Program and the process for 2471 obtaining an allocation of the tax credit cap. The Department of 2472 Revenue shall confer with the corporation in the drafting of the 2473 notification. The Department of Revenue may provide this 2474 notification by electronic means. 2475 Section 35.Section 420.5096, Florida Statutes, is created 2476 to read: 2477 420.5096Florida Hometown Hero Program. 2478 (1)The Legislature finds that individual homeownership is 2479 vital to building long-term housing and financial security. With 2480 rising home prices, down payment and closing costs are often 2481 significant barriers to homeownership for working Floridians. 2482 Each person in Floridas hometown workforce is essential to 2483 creating thriving communities, and the Legislature finds that 2484 the ability of Floridians to reside within the communities in 2485 which they work is of great importance. Therefore, the 2486 Legislature finds that providing assistance to homebuyers in 2487 this state by reducing the amount of down payment and closing 2488 costs is a necessary step toward expanding access to 2489 homeownership and achieving safe, decent, and affordable housing 2490 for all Floridians. 2491 (2)The Florida Hometown Hero Program is created to assist 2492 Floridas hometown workforce in attaining homeownership by 2493 providing financial assistance to residents to purchase a home 2494 as their primary residence. Under the program, a borrower may 2495 apply to the corporation for a loan to reduce the amount of the 2496 down payment and closing costs paid by the borrower by a minimum 2497 of $10,000 and up to 5 percent of the first mortgage loan, not 2498 exceeding $35,000. Loans must be made available at a zero 2499 percent interest rate and must be made available for the term of 2500 the first mortgage. The balance of any loan is due at closing if 2501 the property is sold, refinanced, rented, or transferred, unless 2502 otherwise approved by the corporation. 2503 (3)For loans made available pursuant to s. 2504 420.507(23)(a)1. or 2., the corporation may underwrite and make 2505 those mortgage loans through the program to persons or families 2506 who have household incomes that do not exceed 150 percent of the 2507 state median income or local median income, whichever is 2508 greater. A borrower must be seeking to purchase a home as a 2509 primary residence; a first-time homebuyer and a Florida 2510 resident; and employed full-time by a Florida-based employer. 2511 The borrower must provide documentation of full-time employment, 2512 or full-time status for self-employed individuals, of 35 hours 2513 or more per week. The requirement to be a first-time homebuyer 2514 does not apply to a borrower who is an active duty servicemember 2515 of a branch of the armed forces or the Florida National Guard, 2516 as defined in s. 250.01, or a veteran. 2517 (4)Loans made under the Florida Hometown Hero Program may 2518 be used for the purchase of manufactured homes, as defined in s. 2519 320.01(2)(b), which were constructed after July 13, 1994; which 2520 are permanently affixed to real property in this state, whether 2521 owned or leased by the borrower; and which are titled and 2522 financed as tangible personal property or as real property. 2523 (5)This program is intended to be evergreen, and 2524 repayments for loans made under this program shall be retained 2525 within the program to make additional loans. 2526 Section 36.Subsection (3) is added to section 420.531, 2527 Florida Statutes, to read: 2528 420.531Affordable Housing Catalyst Program. 2529 (3)The corporation may contract with the entity providing 2530 statewide training and technical assistance to provide technical 2531 assistance to local governments to establish selection criteria 2532 and related provisions for requests for proposals or other 2533 competitive solicitations for use or lease of government-owned 2534 real property for affordable housing purposes. The entity 2535 providing statewide training and technical assistance may 2536 develop best practices or other key elements for successful use 2537 of public property for affordable housing, in conjunction with 2538 technical support provided under subsection (1). 2539 Section 37.Section 420.6075, Florida Statutes, is amended 2540 to read: 2541 420.6075Research and planning for affordable housing; 2542 annual housing report. 2543 (1)The research and planning functions of the department 2544 shall include the collection of data on the need for affordable 2545 housing in this state and the extent to which that need is being 2546 met through federal, state, and local programs, in order to 2547 facilitate planning to meet the housing needs in this state and 2548 to enable the development of sound strategies and programs for 2549 affordable housing. To fulfill this function, the Shimberg 2550 Center for Housing Studies Affordable Housing at the University 2551 of Florida shall perform the following functions: 2552 (a)Quantify affordable housing needs in this the state by 2553 analyzing available data, including information provided through 2554 the housing elements of local comprehensive plans, and identify 2555 revisions in the housing element data requirements that would 2556 result in more uniform, meaningful information being obtained. 2557 (b)Document the results since 1980 of all programs 2558 administered by the department which provide for or act as 2559 incentives for housing production or improvement. Data on 2560 program results must include the number of units produced and 2561 the unit cost under each program. 2562 (c)Inventory the supply of affordable housing units made 2563 available through federal, state, and local programs. Data on 2564 the geographic distribution of affordable units must show the 2565 availability of units in each county and municipality. 2566 (2)By December 31 of each year, the Shimberg Center for 2567 Housing Studies Affordable Housing shall submit to the 2568 Legislature an updated housing report describing the supply of 2569 and need for affordable housing. This annual housing report 2570 shall include: 2571 (a)A synopsis of training and technical assistance 2572 activities and community-based organization housing activities 2573 for the year. 2574 (b)A status report on the degree of progress toward 2575 meeting the housing objectives of the departments agency 2576 functional plan. 2577 (c)Recommended housing initiatives for the next fiscal 2578 year and recommended priorities for assistance to the various 2579 target populations within the spectrum of housing need. 2580 (3)The Shimberg Center for Housing Studies Affordable 2581 Housing shall: 2582 (a)Conduct research on program options to address the need 2583 for affordable housing. 2584 (b)Conduct research on training models to be replicated or 2585 adapted to meet the needs of community-based organizations and 2586 state and local government staff involved in housing 2587 development. 2588 Section 38.Paragraph (a) of subsection (1) of section 2589 553.792, Florida Statutes, is amended to read: 2590 553.792Building permit application to local government. 2591 (1)(a)Within 10 days of an applicant submitting an 2592 application to the local government, the local government shall 2593 advise the applicant what information, if any, is needed to deem 2594 the application properly completed in compliance with the filing 2595 requirements published by the local government. If the local 2596 government does not provide written notice that the applicant 2597 has not submitted the properly completed application, the 2598 application shall be automatically deemed properly completed and 2599 accepted. Within 45 days after receiving a completed 2600 application, a local government must notify an applicant if 2601 additional information is required for the local government to 2602 determine the sufficiency of the application, and shall specify 2603 the additional information that is required. The applicant must 2604 submit the additional information to the local government or 2605 request that the local government act without the additional 2606 information. While the applicant responds to the request for 2607 additional information, the 120-day period described in this 2608 subsection is tolled. Both parties may agree to a reasonable 2609 request for an extension of time, particularly in the event of a 2610 force majeure or other extraordinary circumstance. The local 2611 government must approve, approve with conditions, or deny the 2612 application within 120 days following receipt of a completed 2613 application. A local government shall maintain on its website a 2614 policy containing procedures and expectations for expedited 2615 processing of those building permits and development orders 2616 required by law to be expedited. 2617 Section 39.Subsection (7) of section 624.509, Florida 2618 Statutes, is amended to read: 2619 624.509Premium tax; rate and computation. 2620 (7)Credits and deductions against the tax imposed by this 2621 section shall be taken in the following order: deductions for 2622 assessments made pursuant to s. 440.51; credits for taxes paid 2623 under ss. 175.101 and 185.08; credits for income taxes paid 2624 under chapter 220 and the credit allowed under subsection (5), 2625 as these credits are limited by subsection (6); the credit 2626 allowed under s. 624.51057; the credit allowed under s. 2627 624.51058; all other available credits and deductions. 2628 Section 40.Paragraph (c) of subsection (1) of section 2629 624.5105, Florida Statutes, is amended to read: 2630 624.5105Community contribution tax credit; authorization; 2631 limitations; eligibility and application requirements; 2632 administration; definitions; expiration. 2633 (1)AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS. 2634 (c)The total amount of tax credit which may be granted for 2635 all programs approved under this section and ss. 212.08(5)(p) 2636 and 220.183 is $25 $14.5 million in the 2023-2024 2022-2023 2637 fiscal year and in each fiscal year thereafter for projects that 2638 provide housing opportunities for persons with special needs as 2639 defined in s. 420.0004 or homeownership opportunities for low 2640 income or very-low-income households as defined in s. 420.9071 2641 and $4.5 million in the 2022-2023 fiscal year and in each fiscal 2642 year thereafter for all other projects. 2643 Section 41.Section 624.51058, Florida Statutes, is created 2644 to read: 2645 624.51058Credit for contributions to the Live Local 2646 Program. 2647 (1)For taxable years beginning on or after January 1, 2648 2023, there is allowed a credit of 100 percent of an eligible 2649 contribution made to the Live Local Program under s. 420.50872 2650 against any tax due for a taxable year under s. 624.509(1) after 2651 deducting from such tax deductions for assessments made pursuant 2652 to s. 440.51; credits for taxes paid under ss. 175.101 and 2653 185.08; credits for income taxes paid under chapter 220; and the 2654 credit allowed under s. 624.509(5), as such credit is limited by 2655 s. 624.509(6). An eligible contribution must be made to the Live 2656 Local Program on or before the date the taxpayer is required to 2657 file a return pursuant to ss. 624.509 and 624.5092. An insurer 2658 claiming a credit against premium tax liability under this 2659 section is not required to pay any additional retaliatory tax 2660 levied under s. 624.5091 as a result of claiming such credit. 2661 Section 624.5091 does not limit such credit in any manner. 2662 (2)Section 420.50872 applies to the credit authorized by 2663 this section. 2664 Section 42.The Department of Economic Opportunitys Keys 2665 Workforce Housing Initiative, approved by the Administration 2666 Commission on June 13, 2018, is considered an exception to the 2667 evacuation time constraints of s. 380.0552(9)(a)2., Florida 2668 Statutes, by requiring deed-restricted affordable workforce 2669 housing properties receiving permit allocations to agree to 2670 evacuate at least 48 hours in advance of hurricane landfall. A 2671 comprehensive plan amendment approved by the Department of 2672 Economic Opportunity to implement the initiative is hereby valid 2673 and the respective local governments may adopt local ordinances 2674 or regulations to implement such plan amendment. 2675 Section 43.(1)The Department of Revenue is authorized, 2676 and all conditions are deemed met, to adopt emergency rules 2677 under s. 120.54(4), Florida Statutes, for the purpose of 2678 implementing provisions related to the Live Local Program 2679 created by this act. Notwithstanding any other law, emergency 2680 rules adopted under this section are effective for 6 months 2681 after adoption and may be renewed during the pendency of 2682 procedures to adopt permanent rules addressing the subject of 2683 the emergency rules. 2684 (2)This section expires July 1, 2026. 2685 Section 44.For the 2023-2024 fiscal year, the sum of $100 2686 million in nonrecurring funds from the General Revenue Fund is 2687 appropriated to the Florida Housing Finance Corporation to 2688 implement the Florida Hometown Hero Housing Program established 2689 in s. 420.5096, Florida Statutes, as created by this act. 2690 Section 45.For the 2023-2024 fiscal year, the sum of $252 2691 million in nonrecurring funds from the Local Government Housing 2692 Trust Fund is appropriated in the Grants and Aids - Housing 2693 Finance Corporation (HFC) - State Housing Initiatives 2694 Partnership (SHIP) Program appropriation category to the Florida 2695 Housing Finance Corporation. 2696 Section 46.For the 2023-2024 fiscal year, the sum of $150 2697 million in recurring funds and $109 million in nonrecurring 2698 funds from the State Housing Trust Fund is appropriated in the 2699 Grants and Aids - Housing Finance Corporation (HFC) - Affordable 2700 Housing Programs appropriation category to the Florida Housing 2701 Finance Corporation. The recurring funds are appropriated to 2702 implement s. 420.50871, Florida Statutes, as created by this 2703 act. 2704 Section 47.For the 2022-2023 fiscal year, the sum of $100 2705 million in nonrecurring funds from the General Revenue Fund is 2706 appropriated to the Florida Housing Finance Corporation to 2707 implement a competitive assistance loan program for new 2708 construction projects in the development pipeline that have not 2709 commenced construction and are experiencing verifiable cost 2710 increases due to market inflation. These funds are intended to 2711 support the corporations efforts to maintain the viability of 2712 projects in the development pipeline as the unprecedented 2713 economic factors coupled with the housing crisis makes it of 2714 upmost importance to deliver much-needed affordable housing 2715 units in communities in a timely manner. Eligible projects are 2716 those that accepted an invitation to enter credit underwriting 2717 by the corporation for funding during the period of time of July 2718 1, 2020, through June 30, 2022. The corporation may establish 2719 such criteria and application processes as necessary to 2720 implement this section. The unexpended balance of funds 2721 appropriated to the corporation as of June 30, 2023, shall 2722 revert and is appropriated to the corporation for the same 2723 purpose for the 2023-2024 fiscal year. Any funds not awarded by 2724 December 1, 2023, must be used for the State Apartment Incentive 2725 Loan Program under s. 420.5087, Florida Statutes. This section 2726 is effective upon becoming a law. 2727 Section 48.The Legislature finds and declares that this 2728 act fulfills an important state interest. 2729 Section 49.Except as otherwise expressly provided in this 2730 act and except for this section, which shall take effect upon 2731 becoming a law, this act shall take effect July 1, 2023.