F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 749 2023
1 A bill to be entitled
2 An act relating to youth housing and employment;
3 creating s. 212.0975, F.S.; providing definitions;
4 providing a tax credit to certain businesses that hire
5 specified employees; requiring such employees be
6 employed for a minimum amount of time; specifying the
7 amount of the tax credit; providing requirements to
8 apply for the tax credit; requiring the Department of
9 Economic Opportunity to review and approve
10 applications that meet specified requirements;
11 creating s. 220.1991, F.S.; providing definitions;
12 providing a tax credit against corporate income taxes
13 to landlords who lease dwelling units under specified
14 conditions to recent college graduates; providing
15 additional tax credits if landlords keep the monthly
16 rental rates as specified levels; providing additional
17 tax credits to landlords who include specified
18 statements in lease agreements that grant college
19 students and recent college graduates the right to
20 purchase the rental dwelling units at specified rates;
21 providing limitations on specified tax credit
22 availability; specifying a maximum amount of tax
23 credit available in any one year; prohibiting
24 landlords from transferring tax credits except under
25 specified conditions; requiring a landlord to
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26 affirmatively demonstrate that requirements have been
27 to receive a tax credit to the Department of Revenue;
28 authorizing the department to adopt rules regarding
29 eligibility for tax credits; requiring the department
30 to consult with the Shimberg Center for Affordable
31 Housing in determining eligibility for tax credits;
32 requiring the Shimberg Center for Affordable Housing
33 to determine certain affordable housing rental needs
34 for certain purposes; amending s. 420.6075, F.S.;
35 requiring the Shimberg Center for Affordable Housing
36 Studies to include certain recommendations relating to
37 affordable housing rental needs in its annual report;
38 amending s. 420.622, F.S.; requiring the State Office
39 on Homelessness to coordinate with certain entities
40 for a specified purpose; amending s. 1003.21, F.S.;
41 requiring school districts to allow specified persons
42 access to certain programs ; providing an effective
43 date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 212.0975, Florida Statutes, is created
48 to read:
49 212.0975 Homeless Youth Employment Tax Credit Program.—
50 (1) As used in this section, the term:
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51 (a) "Eligible business" means any sole proprietorship,
52 firm, partnership, or corporation. Commonly owned and controlled
53 entities are to be considered a single business entity.
54 (b) "Qualified employee" means any employee who meets the
55 definition of homeless children and youths in s. 725 of the
56 McKinney-Vento Homeless Assistance Act, 42 U.S.C. s. 11434a(2),
57 and performs duties in connection with the operations of the
58 business on a regular basis for at least 3 months.
59 (2) An eligible business shall be allowed a credit of 10
60 percent of any tax due under this chapter if they employ at
61 least one qualified employee during the taxable year.
62 (3)(a) In order to claim this credit, an eligible business
63 must file under oath with the Department of Economic Opportunity
64 a statement that includes the name and address of the eligible
65 business, proof that the business employed an eligible employee,
66 and any other information that the Department of Revenue
67 requires.
68 (b) The Department of Economic Opportunity shall review
69 the application to determine whether it contains all the
70 information required by this subsection and meets the criteria
71 set out in this section. The Department of Economic Opportunity
72 shall approve all applications that contain the information
73 required by this subsection and meet the criteria set out in
74 this section as eligible to receive a credit.
75 Section 2. Section 220.1991, Florida Statutes, is created
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76 to read:
77 220.1991 Tax credits for housing for recent college
78 graduates.—
79 (1) As used in this section, the term:
80 (a) "Affordable rate" means a monthly rental rate that has
81 been classified as affordable for that year under paragraph
82 (6)(b).
83 (b) "Fair market value" means the appraised value of a
84 dwelling house as stated in an appraisal report, as defined in
85 s. 475.611.
86 (c) "Landlord" means the owner, manager, managing agent,
87 lessor, sublessor, or any agent of such persons or entities, or
88 other person who has the right to rent, sell, or manage an y
89 housing unit or rental property, and whose primary business for
90 the purposes of this chapter meets the description of NAICS Code
91 53110.
92 (d) "Lease option agreement" means a written lease
93 agreement that grants a recent college graduate the right to
94 purchase the rental dwelling unit in fee simple at the end of
95 the lease term.
96 (e) "Qualified lease agreement" means a written lease
97 agreement for a dwelling unit made between a landlord and a
98 recent college graduate for a minimum term of 12 months with an
99 option for a 12 month renewal.
100 (f) "Recent college graduate" means a person who has
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101 graduated from a state university, a Florida College System
102 institution, or an independent college or university in the
103 state, including a historically black college and university,
104 within the previous 5 years, calculated from the date the
105 college graduate enters into a lease with a landlord for a
106 dwelling unit.
107 (2)(a) Subject to the limitation of paragraph (c), a
108 landlord is allowed a tax credit of $500 against any tax imposed
109 under this chapter for each qualified lease agreement, if such
110 lease limits rent increases to no more than 5 percent per year
111 for the duration of the lease.
112 (b) Subject to the limitation of paragraph (c), a landlord
113 is allowed an additional tax credit of $1,000 against any tax
114 imposed under this chapter for each qualified lease agreement at
115 an affordable rate.
116 (c) To qualify for the tax credit under this subsection,
117 the landlord must have at entered into 25 or more qualified
118 lease agreements during the taxable year.
119 (3) There is allowed an additional tax credit against any
120 tax imposed under this chapter to the landlord for each year in
121 which a dwelling unit owned by the landlord is purchased as part
122 of a lease option agreement for no more than fair market value.
123 The amount of the tax credit is determined as follows:
124 (a) If the dwelling unit's selling price is less than 5
125 percent below fair market value, the credit shall equal 5
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126 percent of the dwelling unit's fair market value.
127 (b) If the dwelling unit's selling price is five percent
128 or more below fair market value, the credit shall equal 10
129 percent of the dwelling unit's fair market value.
130 (4) The total amount of tax credits allocated to a
131 landlord in any one year under this section may not exceed 25
132 percent of that landlord's total tax liability under this
133 chapter.
134 (5)(a) A tax credit belongs to a landlord and may not be
135 transferred unless the transferee is also a landlord who would
136 otherwise meet the criteria for receiving tax credits un der this
137 section.
138 (b) Before receiving tax credits under this section, a
139 landlord must affirmatively demonstrate to the satisfaction of
140 the department that the landlord has met the requirements of
141 this section.
142 (6)(a) The department is authorized, and all conditions
143 are deemed met, to adopt an emergency rule under s. 120.54(4),
144 to specify the methods by which a landlord's eligibility for tax
145 credits under this section is determined.
146 (b) The department, in consultation with the Shimberg
147 Center for Affordable Housing Studies at the University of
148 Florida, shall annually determine the affordable rate.
149 (c) The Office of Economic and Demographic Research, in
150 consultation with the department and the Shimberg Center for
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151 Affordable Housing Studies at the University of Florida, shall
152 publish the affordable rate.
153 Section 3. Paragraph (d) is added to subsection (2) of
154 section 420.6075, Florida Statutes, to read:
155 420.6075 Research and planning for affordable housing;
156 annual housing report.—
157 (2) By December 31 of each year, the Shimberg Center for
158 Affordable Housing Studies shall submit to the Legislature an
159 updated housing report describing the supply of and need for
160 affordable housing. This annual housing report shall include:
161 (d) Recommendations for affordable housing rental needs
162 for the state.
163 Section 4. Subsection (11)is added to section 420.622,
164 Florida Statutes, to read:
165 420.622 State Office on Homelessness; Council on
166 Homelessness.—
167 (11) The State Office on Homelessness will coordinate
168 state colleges and universities to develop plans and procedures
169 to give priority access for campus housing to students who would
170 otherwise be homeless.
171 Section 5. Paragraph (f) of subsection (1) of section
172 1003.21, Florida Statutes, is amended to read:
173 1003.21 School attendance.—
174 (1)
175 (f) Children and youths who are experiencing homelessness
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176 and children who are known to the department, as defined in s.
177 39.0016, must have access to a free public education and must be
178 admitted to school in the school district in which they or their
179 families live. School districts shall assist such children in
180 meeting the requirements of subsection (4) and s. 1003.22, as
181 well as local requirements for documentation. For the purposes
182 of this paragraph, free public education includes programs that
183 allow a youth experiencing homelessness to graduate from high
184 school.
185 Section 6. This act shall take effect July 1, 2023.
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Statutes affected:
H 749 Filed: 1003.21