Orange County has lost more in property taxes than any other Florida
county because of a tax break meant for nonprofit-housing groups but which
largely benefited companies that develop low-income apartment complexes.
According to Florida Housing Finance Corp., Orange County lost about $16 million
in taxable-property value last year because of the exemption, out of an
estimated $115 million that was shaved from property-tax rolls statewide.
That's because the Florida Legislature changed the state's property-tax laws two
years ago so Habitat for Humanity and similar nonprofit organizations would not
face large property-tax bills when they built apartments or other
multifamily-housing projects, officials at Florida Housing Finance Corp. said.
But the exemption also wound up reducing the tax bills of multifamily-housing
developers, including two Orlando-area businesses: CED Cos. and Atlantic Housing
Partners. Maitland-based CED was founded about a quarter-century ago by one of
Central Florida's leading philanthropists, Alan Ginsburg of Winter Park.
Atlantic Housing Partners, based in Winter Park, was formed about seven years
ago by former CED executives.
"My board was not happy about" the exemption having been extended to apartment
complexes produced by such companies, said Wellington Meffert, general counsel
for Florida Housing Finance Corp. "It appears that none of these projects needed
any kind of relief. ... They are all cash-flowing projects."
The loophole, as one Florida legislator calls it, is in the process of being
plugged. The Legislature during its recent session passed a measure that would
eliminate the exemption for apartment owners, such as CED, that partner with
nonprofits by transferring their interests to them. The legislation has been
sent to Gov. Rick Scott for his signature.
The tax break allows for-profit developers to transfer ownership of apartment
complexes in a way that removes the properties from local tax rolls. As a
result, local governments statewide lost out on more than $11 million in
property taxes last year alone.
"When it was originally put into law, this exemption was only projected to
result in a small loss to local governments," said state Sen. Wilton Simpson,
R-New Port Richey, who sponsored this year's bill to close the tax loophole.
Instead, local governments lost revenue needed to fund schools and build other
infrastructure, he said.
"There are still other state and federal tax credits available to entities
involved in affordable housing," Simpson noted. "Repealing this exemption was
the right thing to do for the state of Florida."
Moves to undo the property-tax break in the Legislature this spring were opposed
in Tallahassee mostly by Southern Affordable Services Inc., a housing-related
nonprofit formed in 2009 by executives with CED Cos. and Atlantic Housing
Partners. Those two companies subsequently transferred their interests in 80
apartment complexes to Southern Affordable Services Inc. so they would be exempt
from property taxes.
Ginsburg was out of the country and unavailable for comment. Officials with
Atlantic Housing Partners and CED could not be reached for comment.
Ginsburg, who founded CED in 1988, is known for constructing apartments using
the federal government's system of tax credits for low-income housing. Through
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Orlando Developers to Lose Property Tax Break
May 10, 2013
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