(1) As used in this section, the term “community land trust” means a nonprofit entity that is qualified as charitable under s. 501(c)(3) of the Internal Revenue Code and has as one of its purposes the acquisition of land to be held in perpetuity for the primary purpose of providing affordable homeownership.
(2) A community land trust may convey structural improvements, condominium parcels, or cooperative parcels, that are located on specific parcels of land that are identified by a legal description contained in and subject to a ground lease having a term of at least 99 years, for the purpose of providing affordable housing to natural persons or families who meet the extremely-low-income, very-low-income, low-income, or moderate-income limits specified in s. 420.0004, or the income limits for workforce housing, as defined in s. 420.5095(3). A community land trust shall retain a preemptive option to purchase any structural improvements, condominium parcels, or cooperative parcels on the land at a price determined by a formula specified in the ground lease which is designed to ensure that the structural improvements, condominium parcels, or cooperative parcels remain affordable.
(3) In arriving at just valuation under s. 193.011, a structural improvement, condominium parcel, or cooperative parcel providing affordable housing on land owned by a community land trust, and the land owned by a community land trust that is subject to a 99-year or longer ground lease, shall be assessed using the following criteria:
(a) The amount a willing purchaser would pay a willing seller for the land is limited to an amount commensurate with the terms of the ground lease that restricts the use of the land to the provision of affordable housing in perpetuity.
(b) The amount a willing purchaser would pay a willing seller for resale-restricted improvements, condominium parcels, or cooperative parcels is limited to the amount determined by the formula in the ground lease.
(c) If the ground lease and all amendments and supplements thereto, or a memorandum documenting how such lease and amendments or supplements restrict the price at which the improvements, condominium parcels, or cooperative parcels may be sold, is recorded in the official public records of the county in which the leased land is located, the recorded lease and any amendments and supplements, or the recorded memorandum, shall be deemed a land use regulation during the term of the lease as amended or supplemented.
History.—s. 16, ch. 2009-96; s. 2, ch. 2011-15; s. 35, ch. 2020-27.
Structure Florida Statutes
Title XIV - Taxation and Finance
Part I - General Provisions (Ss. 193.011-193.1557)
193.011 - Factors to consider in deriving just valuation.
193.016 - Property appraiser’s assessment; effect of determinations by value adjustment board.
193.017 - Low-income housing tax credit.
193.023 - Duties of the property appraiser in making assessments.
193.0235 - Ad valorem taxes and non-ad valorem assessments against subdivision property.
193.0237 - Assessment of multiple parcel buildings.
193.024 - Deputy property appraisers.
193.052 - Preparation and serving of returns.
193.062 - Dates for filing returns.
193.063 - Extension of date for filing tangible personal property tax returns.
193.072 - Penalties for improper or late filing of returns and for failure to file returns.
193.073 - Erroneous returns; estimate of assessment when no return filed.
193.074 - Confidentiality of returns.
193.075 - Mobile homes and recreational vehicles.
193.077 - Notice of new, rebuilt, or expanded property.
193.085 - Listing all property.
193.092 - Assessment of property for back taxes.
193.102 - Lands subject to tax sale certificates; assessments; taxes not extended.
193.114 - Preparation of assessment rolls.
193.1142 - Approval of assessment rolls.
193.1145 - Interim assessment rolls.
193.1147 - Performance review panel.
193.116 - Municipal assessment rolls.
193.132 - Prior assessments validated.
193.133 - Effect of mortgage fraud on property assessments.
193.155 - Homestead assessments.
193.1551 - Assessment of certain homestead property damaged in 2004 named storms.
193.1554 - Assessment of nonhomestead residential property.
193.1555 - Assessment of certain residential and nonresidential real property.
193.1556 - Notice of change of ownership or control required.
193.1557 - Assessment of certain property damaged or destroyed by Hurricane Michael.