HomeMy WebLinkAboutResolution 2024-42 Live Local Act Property Tax Exemption Opt-OutRESOLUTION 2024-42
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
ELECTING TO NOT EXEMPT CERTAIN PROPERTY FROM AD
VALOREM TAXATION, AS ALLOWED UNDER SECTION 196.1978(3)(o),
FLORIDA STATUTES, PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE,
WHEREAS, Section 196.1978(3), Florida Statutes, contains the "Live Local Act Property
Tax Exemption," which requires the Seminole County property appraiser to exempt rental
properties from ad valorem taxation if the properties meet certain requirements under the Live
Local Act, and
WHEREAS, the Florida Legislature passed HB 7073, amending Fla. Stat. 196.1978
during the 2024 legislative session and, on May 7, 2024, Governor Ron DeSantis signed HB
7073, which became Chapter 2024-158, Laws of Florida; and
WHEREAS, Section 196.1978(3)(d)l.a., Florida Statutes, provides an ad valorem tax
exemption of seventy-five percent of the assessed value of the -units in qualified multifamily
projects that are used to provide affordable housing to house natural persons or families whose
annual household income is between 80 and 120 percent of the median annual adjusted gross
income for households within the metropolitan statistical area, which is the Orlando -Kissimmee,
Florida Metropolitan Statistical Area (MSA) including the City of Winter Springs (the "80 to 120
Percent Tax Exemption"); and
WHEREAS, Section 196.1978(3)(0), Florida Statutes, provides that a taxing authority
(including the City) starting with the 2025 tax roll, is authorized to opt out of providing the 80 to
120 Percent Tax Exemption under sub -subparagraph (d)l.a. of Section 196.1978(3), Fla. Stat., if
the City Commission, by a two-thirds majority vote, finds that the latest Shimberg Center for
Housing Studies Annual Report identifies that in this MSA, the number of affordable and available
units is greater than the number of renter households in the MSA in the 0 to 120 percent area
median annual adjusted gross income (AMI) category; and
WHEREAS, the relevant excerpt of the latest Shimberg Annual Report is provided as an
attachment to this Resolution and is hereby incorporated by reference; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that the latest
Shimberg Annual Report identifies a surplus of affordable and available units in the Orlando -
City of Winter Springs Resolution 2024-42
Page 1 of 5
Kissimmee, Florida MSA, which includes the City, for those households that meet the income
criteria for the 0 to 120 percent AMI tax exemption; and
WHEREAS, this Resolution was duly advertised in accordance with Section 50.011(1),
Florida Statutes; and
WHEREAS, the City Commission of the Ciry of Winter Springs hereby finds that the City
is a taxing authority that is eligible to adopt a resolution to not exempt properties that would
otherwise be eligible for the Live Local Property Tax Exemption with a two-thirds vote.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS.
SECTION 1. The foregoing recitals are true and correct and are incorporated in this
Resolution by reference.
SECTION 2. The City Commission finds that the City is within the Orlando -Kissimmee,
Florida MSA, and that, based on the Shimberg Annual Report, the number of affordable and
available units in the MSA is greater than the number of rental households in the MSA for the
category entitled "0420 percent AMI."
SECTION 3. Pursuant to Section 196.1978(3)(0), Florida Statutes, the City hereby elects
not to exempt properties eligible for the 80 to 120 Percent Tax Exemption otherwise allowed under
Section 196.1978(3)(d)l.a., Florida Statutes, and directs the Seminole County Property Appraiser
not to grant any such exemptions, due to the surplus of affordable and available units in this MSA.
SECTION 4. This Resolution applies to the ad valorem property tax levies unposed by the
City only.
SECTION 5. This Resolution has been duly advertised in accordance with Section
50.011(1), Florida Statutes. A copy of the adopted Resolution shall be provided to the Seminole
County Property Appraiser prior to January 1, 2025.
SECTION 6. This Resolution does not impact a property owner of a multifamily project
who was granted an exemption pursuant to Section 196.1978(3)(d)l.a.5 Florida Statutes, prior to the
adoption of this Resolution. Such property owner may continue to receive the exemption for each
subsequent consecutive year that the property owner applies for and is granted the exemption.
City of Winter Springs Resolution 2024-42
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SECTION 7. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the
provisions of this Resolution are hereby repealed.
SECTION 8. Severability0 If any Section or portion of a Section of this Resolution
proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect of any other Section or part of this Resolution.
SECTION 9. Effective Date. This Resolution shall take effect on January 1, 2025, and
shall expire on January 1, 2027. This Resolution may be renewed prior to its expiration date in
accordance with Florida law.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled this day of e�Q,�, fjQ, , 2024.
ATTEST:
Christian Gowan
City Clerk
Approved as to legal form and sufficiency for
the City Winter Springs only:
Anthony A. Garganese
City Attorney
Kevin M Cann
Mayor
City of Winter Springs Resolution 2024-42
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ATTACHMENT 1
Excerpt of Shimberg Center for Housing Studies, 2023 Annual Report,
available at:
htt]2 VVWW.shimberg.ufl.edu/publications/Shimberg annual report Dec 2023GE!
APPENDIX 4. SURPLUS/DEFICIT
OF AFFORDABLE AND
AVAILABLE RENTAL HOUSING
UNITS BY INCOME (% AMI),
FLORIDA REGIONS, 2022 Region
0=30% AMI 040% AMI
Cape Coral- Lee-12,127
Fort Myers, FL
MSA
Deltona- Flagler,-101014
Daytona Volusia
Beach -
Ormond
Beach, FL
MSA & Palm
Coast, FL MSA
Fort Walton Okaloosa -11883
Beach.
Crestview-
Destin, FL MSA
Ft. Lauderdale Broward-38,051
Gainesville, FL Alachua -41632
MSA (minus
Gilchrist)
Homosassa Citrus -2,043
Springs, FL
MSA
Jacksonville,
FL MSA plus
Putnam
Lakeland, FL
MSA
Miami -Dade
Plus Monroe
Naples -Marco
Island, FL MSA
Northeast
Nonmetropolit
an Area (plus
Gilchrist)
Northwest
Nonmetropolit
an Area (plus
Baker, Clay,
Duval, Nassau,
Putnam, St.
Johns
Polk
Miami -Dade,
Monroe
Collier
Bradford,
Columbia,
Dixie,
Gilchrist,
Hamilton,
Lafayette,
Levy,
Madison,
Suwannee,
Taylor, Union
Calhoun,
Franklin,
Gadsden,
-33,046
-12,578
-62,467
-4,858
-3,31 1
Counties
0-50% AMI
-13,378
12,451
-2,668
-54,391
-6,362
2,341
38,430
-17,497
93,480
7,220
3,468
0-60% AMI
18,568
-15,516
-3,766
-70,488
-6,030
-2,636
42,592
-20,489
-108,871
-10,087
Affordable/Available Units Minus Renter
Households
0-80% AMI
17,272-12,349
-15,234
-2,908
-83,786
-3,822
2,663
33,940
-18,582
130,A10
9,861
2,139
-4,521 -5,296 -4,372 -3,242
City of Winter Springs Resolution 2024-42
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-9,359
-2,236
-84,246
2,323
-893
20,099
-13,186
1341458
7,936
-51
-1,003
0-120% AMI
-1,135
-357
,338
-33,237
3,351
-620
4,418
248
61,721
1,247
865
36
Gadsden,
Gulf, Holmes,
Jefferson, &
Jackson,
Wakulla)
Jefferson,
Liberty,
Wakulla,
Walton,
Washington
Ocala, FL
Marion
-61173
MSA
Orlando-
Lake, Orange,
-51,154
Kissimmee, FL
Osceola,
MSA
Seminole
Palm Bay-
Brevard
-81504
Melbourne -
Titusville, FL
MSA
Panama City-
Bay
-31086
Lynn Haven,
FL MSA
Pensacola-
Escambia,
-91841
Ferry Pass-
Santa Rosa
Brent, FL MSA
Port St. Lucie,
Martin, St.
-7,410
FL MSA
Lucie
Punta Gorda,
Charlotte
-62
FL MSA
Sarasota-
Manatee,
-11,394
Bradenton-
Sarasota
Venice, FL
MSA
Sebastian-
Indian River,
1,769
Vero Beach,
Okeechobee
FL MSA
-5,378
-6,830
-5,029
-1,586
3,216
-701138
-891107
-94,715
-771753
799
-11,491 -9,241 -6,901 -691 6,565
-3,254 -4,840 -4,839 -3,626 1,151
-11,125-12,909 -9,855 -3,894 -612
-8,979 -9,712 -8,956 -6,229 683
1,173 -2,475 -21659 -1,904 -579
161597-19,873-17,238-10,255 31057
-1,923 -2,402 -2,499 -1,303 10
City of Winter Springs Resolution 2024-42
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