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Florida Statute 420.0004 - Full Text and Legal Analysis
Florida Statute 420.0004 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 420
HOUSING
View Entire Chapter
420.0004 Definitions.As used in this part, unless the context otherwise indicates:
(1) “Adjusted for family size” means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility determined as provided in subsection (9), subsection (11), subsection (12), or subsection (17), based upon a formula as established by the United States Department of Housing and Urban Development.
(2) “Adjusted gross income” means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under s. 62 of the Internal Revenue Code.
(3) “Affordable” means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17).
(4) “Corporation” means the Florida Housing Finance Corporation.
(5) “Community-based organization” or “nonprofit organization” means a private corporation organized under chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income housing.
(6) “Department” means the Department of Commerce.
(7) “Disabling condition” means a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of these conditions, and a determination that the condition is:
(a) Expected to be of long-continued and indefinite duration; and
(b) Not expected to impair the ability of the person with special needs to live independently with appropriate supports.
(8) “Elderly” describes persons 62 years of age or older.
(9) “Extremely-low-income persons” means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income.
(10) “Local public body” means any county, municipality, or other political subdivision, or any housing authority as provided by chapter 421, which is eligible to sponsor or develop housing for farmworkers and very-low-income and low-income persons within its jurisdiction.
(11) “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
(12) “Moderate-income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
(13) “Person with special needs” means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition; a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans’ disability benefits.
(14) “Student” means any person not living with his or her parent or guardian who is eligible to be claimed by his or her parent or guardian as a dependent under the federal income tax code and who is enrolled on at least a half-time basis in a secondary school, career center, community college, college, or university.
(15) “Substandard” means:
(a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants;
(b) A unit which is in violation of one or more major sections of an applicable housing code and where such violation poses a serious threat to the health of the occupant; or
(c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less than 50 percent of the property value.
(16) “Substantial rehabilitation” means repair or restoration of a dwelling unit where the value of such repair or restoration exceeds 40 percent of the value of the dwelling.
(17) “Very-low-income persons” means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
History.s. 2, ch. 88-376; s. 1, ch. 89-121; s. 13, ch. 90-275; s. 72, ch. 2000-153; s. 36, ch. 2004-357; ss. 44, 53, ch. 2006-26; s. 14, ch. 2006-69; s. 323, ch. 2011-142; s. 7, ch. 2011-189; s. 146, ch. 2024-6.

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Amendments to 420.0004


Annotations, Discussions, Cases:

Cases Citing Statute 420.0004

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Parrish v. Pier Club Apts., LLC, 900 So. 2d 683 (Fla. 4th DCA 2005).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 902115

...in statutorily defined "eligible persons" shall be considered property owned by an exempt entity and used for a charitable purpose, and those portions of the affordable housing property which provide housing to individuals with incomes as defined in s. 420.0004(9) and (14) shall be exempt from ad valorem taxation....
...nant on January 1st, then the property was not being "used" to provide affordable housing. The trial court sided with Pier Club, ruling that "the apartments, designated as and occupied by low or very low income tenants, as defined by Florida Statute 420.0004(9), in the tax year prior to January 1, 2000, but were vacant on January 1, 2000 retain that designation and are still entitled to an ad valorem tax exemption." We cannot agree....
...Section 196.1978 reads in relevant part: Property used to provide affordable housing serving eligible persons . . . shall be considered property owned by an exempt entity and used for a charitable purpose, and those portions of the affordable housing property which provide housing to individuals with incomes as defined in s. 420.0004(9) and (14) shall be exempt from ad valorem taxation to the extent authorized in s....
...Section 196.1978's Internal References Next, Pier Club contends that any ambiguity as to whether the unit must actually be occupied by a low or very low income tenant on January 1st to qualify for the exemption is resolved by section 196.1978's internal references to sections 159.603(7); 420.0004(9), (10), (14); 196.196, and to Revenue Procedure 96-32....
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State v. Florida Dev. Comm'n, 191 So. 2d 267 (Fla. 1966).

Published | Supreme Court of Florida | 1966 Fla. LEXIS 3022

Authority, see F.S. § 288.13, F.S.A. (formerly § 420.04, F.S.), which reads: “Cooperation with other units
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Southlake Cmty. Found., Inc. v. Havill, 707 So. 2d 361 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1202, 1998 WL 56417

...It scaled down the 940 units of “affordable housing” to 434 units. Occupancy of twenty percent (20%) of the units was restricted to “very low income” persons and an additional thirty percent (30%) of the units to “low income” persons as those terms are defined in section 420.0004(9), (14), Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.