HB 161

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	125.0104, F.S.; allowing certain counties to use certain
4	tax revenues for workforce, affordable, and employee
5	housing; amending s. 159.807, F.S.; providing limitations
6	on the Florida Housing Finance Corporation's access to the
7	state allocation pool; deleting a provision exempting the
8	corporation from the applicability of certain uses of the
9	state allocation pool and revising language relating to
10	such uses; creating s. 193.018, F.S.; providing for the
11	assessment of property receiving the low-income housing
12	tax credit; defining the term "community land trust";
13	providing for the assessment of structural improvements,
14	condominium parcels, and cooperative parcels on land owned
15	by a community land trust and used to provide affordable
16	housing; providing for the conveyance of structural
17	improvements, condominium parcels, and cooperative parcels
18	subject to certain conditions; specifying the criteria to
19	be used in arriving at just valuation of a structural
20	improvement, condominium parcel, or cooperative parcel;
21	amending s. 196.196, F.S.; providing additional criteria
22	for determining whether certain affordable housing
23	property owned by certain exempt organizations is entitled
24	to an exemption from ad valorem taxation; providing a
25	definition; amending s. 196.1978, F.S.; providing that
26	property owned by certain nonprofit entities or Florida-
27	based limited partnerships and used or held for the
28	purpose of providing affordable housing to certain income-
29	qualified persons is exempt from ad valorem taxation;
30	revising legislative intent; subjecting organizations
31	owning certain property to ad valorem taxation under
32	certain circumstances; providing for tax liens; providing
33	for penalties and interest; providing an exception;
34	providing notice requirements; amending s. 212.055, F.S.;
35	redefining the term "infrastructure" to allow the proceeds
36	of a local government infrastructure surtax to be used to
37	purchase land for certain purposes relating to
38	construction of affordable housing; amending s. 420.503,
39	F.S.; defining the term "moderate rehabilitation" for
40	purposes of the Florida Housing Finance Corporation Act;
41	amending s. 420.5061, F.S.; removing a provision requiring
42	the Florida Housing Finance Corporation to transfer
43	certain funds to the General Revenue Fund; amending s.
44	420.507, F.S.; providing the corporation with certain
45	powers relating to developing and administering a grant
46	program; amending s. 420.5087, F.S.; revising purposes for
47	which state apartment incentive loans may be used;
48	amending s. 420.5095, F.S.; providing for the disbursement
49	of certain Community Workforce Housing Innovation Pilot
50	Program funds that were awarded but have been declined or
51	returned; amending s. 420.615, F.S.; revising provisions
52	relating to comprehensive plan amendments; authorizing
53	certain persons to challenge the compliance of an
54	amendment; creating s. 420.628, F.S.; providing
55	legislative findings and intent; requiring certain
56	governmental entities to develop and implement strategies
57	and procedures designed to increase affordable housing
58	opportunities for young adults who are leaving the child
59	welfare system; amending s. 420.9071, F.S.; revising and
60	providing definitions; amending s. 420.9072, F.S.;
61	conforming a cross-reference; amending s. 420.9073, F.S.;
62	revising the frequency with which local housing
63	distributions are to be made by the corporation;
64	authorizing the corporation to withhold funds from the
65	total distribution annually for specified purposes;
66	requiring counties and eligible municipalities that
67	receive local housing distributions to expend those funds
68	in a specified manner; amending s. 420.9075, F.S.;
69	requiring that local housing assistance plans address the
70	special housing needs of persons with disabilities;
71	authorizing the corporation to define high-cost counties
72	and eligible municipalities by rule; authorizing high-cost
73	counties and certain municipalities to assist persons and
74	households meeting specific income requirements; revising
75	requirements to be included in the local housing
76	assistance plan; requiring counties and certain
77	municipalities to include certain initiatives and
78	strategies in the local housing assistance plan; revising
79	criteria that applies to awards made for the purpose of
80	providing eligible housing; authorizing and limiting the
81	percentage of funds from the local housing distribution
82	that may be used for manufactured housing; extending the
83	expiration date of an exemption from certain income
84	requirements in specified areas; authorizing the use of
85	certain funds for preconstruction activities; providing
86	that certain costs are a program expense; authorizing
87	counties and certain municipalities to award grant funds
88	under certain conditions; providing for the repayment of
89	funds by the local housing assistance trust fund; amending
90	s. 420.9076, F.S.; revising appointments to a local
91	affordable housing advisory committee; revising notice
92	requirements for public hearings of the advisory
93	committee; requiring the committee's final report,
94	evaluation, and recommendations to be submitted to the
95	corporation; deleting cross-references to conform to
96	changes made by the act; repealing s. 420.9078, F.S.,
97	relating to state administration of funds remaining in the
98	Local Government Housing Trust Fund; amending s. 420.9079,
99	F.S.; conforming cross-references; amending s. 1001.43,
100	F.S.; revising district school board powers and duties in
101	relation to use of land for affordable housing in certain
102	areas for certain personnel; providing an effective date.
103
104	Be It Enacted by the Legislature of the State of Florida:
105
106	Section 1.  Paragraph (m) of subsection (3) of section
107	125.0104, Florida Statutes, is amended to read:
108	125.0104  Tourist development tax; procedure for levying;
109	authorized uses; referendum; enforcement.--
110	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
111	(m)1.  In addition to any other tax which is imposed
112	pursuant to this section, a high tourism impact county may
113	impose an additional 1-percent tax on the exercise of the
114	privilege described in paragraph (a) by extraordinary vote of
115	the governing board of the county. The tax revenues received
116	pursuant to this paragraph shall be used for one or more of the
117	authorized uses pursuant to subsection (5). In addition, any
118	high tourism impact county that is designated as an area of
119	critical state concern pursuant to chapter 380 may also use
120	revenues received pursuant to this paragraph for affordable or
121	workforce housing as defined in chapter 420 or for affordable,
122	workforce, or employee housing as defined in any adopted
123	comprehensive plan, land development regulation, or local
124	housing assistance plan. Such authority for the use of revenues
125	for workforce, affordable, or employee housing shall extend for
126	10 years after the date of any de-designation of a location as
127	an area of critical state concern or for the period of time
128	required under any bond or other financing issued in accordance
129	with or based upon the authority granted pursuant to the
130	provisions of this section. Revenues derived pursuant to this
131	paragraph shall be bondable in accordance with other laws
132	regarding revenue bonding. If a high tourism impact county
133	designated as an area of critical state concern enacts the tax
134	specified in this paragraph, the revenue generated shall be
135	directed by the county commission by ordinance. If the county
136	commission does not enact such an ordinance, the revenue
137	generated shall be distributed among incorporated and
138	unincorporated areas based on the location of the living
139	quarters or accommodations that are leased or rented. However,
140	nothing in this paragraph shall preclude an interlocal agreement
141	between local governments for the use of funds received pursuant
142	to this paragraph in a manner that addresses the provision of
143	affordable and workforce housing opportunities on a regional
144	basis or in accordance with a multijurisdictional housing
145	strategy, program, or policy.
146	2.  A county is considered to be a high tourism impact
147	county after the Department of Revenue has certified to such
148	county that the sales subject to the tax levied pursuant to this
149	section exceeded $600 million during the previous calendar year,
150	or were at least 18 percent of the county's total taxable sales
151	under chapter 212 where the sales subject to the tax levied
152	pursuant to this section were a minimum of $200 million, except
153	that no county authorized to levy a convention development tax
154	pursuant to s. 212.0305 shall be considered a high tourism
155	impact county. Once a county qualifies as a high tourism impact
156	county, it shall retain this designation for the period the tax
157	is levied pursuant to this paragraph.
158	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
159	to the adoption of the additional tax authorized in this
160	paragraph. The effective date of the levy and imposition of the
161	tax authorized under this paragraph shall be the first day of
162	the second month following approval of the ordinance by the
163	governing board or the first day of any subsequent month as may
164	be specified in the ordinance. A certified copy of such
165	ordinance shall be furnished by the county to the Department of
166	Revenue within 10 days after approval of such ordinance.
167	Section 2.  Subsection (4) of section 159.807, Florida
168	Statutes, is amended to read:
169	159.807  State allocation pool.--
170	(4)(a)  The state allocation pool shall also be used to
171	provide written confirmations for private activity bonds that
172	are to be issued by state agencies, which bonds, notwithstanding
173	any other provisions of this part, shall receive priority in the
174	use of the pool available at the time the notice of intent to
175	issue such bonds is filed with the division.
176	(b)  Notwithstanding the provisions of paragraph (a), on or
177	before November 15 of each year, the Florida Housing Finance
178	Corporation's access to the state allocation pool is limited to
179	the amount of the corporation's initial allocation under s.
180	159.804. Thereafter, the corporation may not receive more than
181	80 percent of the amount in the state allocation pool on
182	November 16 of each year, and may not receive more than 80
183	percent of any additional amounts that become available during
184	the remainder of the calendar year, provided the limitations set
185	forth in this paragraph shall not apply to the allocation of
186	state volume limitation to the Florida Housing Finance
187	Corporation pursuant to s. 159.81(2)(b), (c), or (d). This
188	subsection does not apply to the Florida Housing Finance
189	Corporation:
190	1.  Until its allocation pursuant to s. 159.804(3) has been
191	exhausted, is unavailable, or is inadequate to provide an
192	allocation pursuant to s. 159.804(3) and any carryforwards of
193	volume limitation from prior years for the same carryforward
194	purpose, as that term is defined in s. 146 of the Code, as the
195	bonds it intends to issue have been completely utilized or have
196	expired.
197	2.  Prior to July 1 of any year, when housing bonds for
198	which the Florida Housing Finance Corporation has made an
199	assignment of its allocation permitted by s. 159.804(3)(c) have
200	not been issued.
201	Section 3.  Section 193.018, Florida Statutes, is created
202	to read:
203	193.018  Land owned by a community land trust used to
204	provide affordable housing; assessment; structural improvements,
205	condominium parcels, and cooperative parcels.--
206	(1)  As used in this section, the term "community land
207	trust" means a nonprofit entity that is qualified as charitable
208	under s. 501(c)(3) of the Internal Revenue Code and has as one
209	of its purposes the acquisition of land to be held in perpetuity
210	for the primary purpose of providing affordable homeownership.
211	(2)  A community land trust may convey structural
212	improvements, condominium parcels, or cooperative parcels, that
213	are located on specific parcels of land that are identified by a
214	legal description contained in and subject to a ground lease
215	having a term of at least 99 years, for the purpose of providing
216	affordable housing to natural persons or families who meet the
217	extremely-low-income, very-low-income, low-income, or moderate-
218	income limits specified in s. 420.0004, or the income limits for
219	workforce housing, as defined in s. 420.5095(3). A community
220	land trust shall retain a preemptive option to purchase any
221	structural improvements, condominium parcels, or cooperative
222	parcels on the land at a price determined by a formula specified
223	in the ground lease which is designed to ensure that the
224	structural improvements, condominium parcels, or cooperative
225	parcels remain affordable.
226	(3)  In arriving at just valuation under s. 193.011, a
227	structural improvement, condominium parcel, or cooperative
228	parcel providing affordable housing on land owned by a community
229	land trust, and the land owned by a community land trust that is
230	subject to a 99-year or longer ground lease, shall be assessed
231	using the following criteria:
232	(a)  The amount a willing purchaser would pay a willing
233	seller for the land is limited to an amount commensurate with
234	the terms of the ground lease that restricts the use of the land
235	to the provision of affordable housing in perpetuity.
236	(b)  The amount a willing purchaser would pay a willing
237	seller for resale-restricted improvements, condominium parcels,
238	or cooperative parcels is limited to the amount determined by
239	the formula in the ground lease.
240	(c)  If the ground lease and all amendments and supplements
241	thereto, or a memorandum documenting how such lease and
242	amendments or supplements restrict the price at which the
243	improvements, condominium parcels, or cooperative parcels may be
244	sold, is recorded in the official public records of the county
245	in which the leased land is located, the recorded lease and any
246	amendments and supplements, or the recorded memorandum, shall be
247	deemed a land use regulation during the term of the lease as
248	amended or supplemented.
249	Section 4.  Subsection (5) is added to section 196.196,
250	Florida Statutes, to read:
251	196.196  Determining whether property is entitled to
252	charitable, religious, scientific, or literary exemption.--
253	(5)  Property owned by an exempt organization qualified as
254	charitable under s. 501(c)(3) of the Internal Revenue Code is
255	used for a charitable purpose if the organization has taken
256	affirmative steps to prepare the property to provide affordable
257	housing to persons or families that meet the extremely-low-
258	income, very-low-income, low-income, or moderate-income limits,
259	as specified in s. 420.0004. The term "affirmative steps" means
260	environmental or land use permitting activities, creation of
261	architectural plans or schematic drawings, land clearing or site
262	preparation, construction or renovation activities, or other
263	similar activities that demonstrate a commitment of the property
264	to providing affordable housing.
265	Section 5.  Section 196.1978, Florida Statutes, is amended
266	to read:
267	196.1978  Affordable housing property exemption.--
268	(1)  Property used to provide affordable housing serving
269	eligible persons as defined by s. 159.603(7) and natural persons
270	or families meeting the extremely-low-income, very-low-income,
271	low-income, or moderate-income persons meeting income limits
272	specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),
273	which property is owned entirely by a nonprofit entity that is a
274	corporation not for profit, qualified as charitable under s.
275	501(c)(3) of the Internal Revenue Code and in compliance with
276	Rev. Proc. 96-32, 1996-1 C.B. 717, or a Florida-based limited
277	partnership, the sole general partner of which is a corporation
278	not for profit which is qualified as charitable under s.
279	501(c)(3) of the Internal Revenue Code and which complies with
280	Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
281	owned by an exempt entity and used for a charitable purpose, and
282	those portions of the affordable housing property which provide
283	housing to natural persons or families classified as extremely
284	low income, very low income, low income, or moderate income
285	under s. 420.0004 individuals with incomes as defined in s.
286	420.0004(10) and (15) shall be exempt from ad valorem taxation
287	to the extent authorized in s. 196.196. All property identified
288	in this section shall comply with the criteria for determination
289	of exempt status to be applied by property appraisers on an
290	annual basis as defined in s. 196.195. The Legislature intends
291	that any property owned by a limited liability company or
292	limited partnership which is disregarded as an entity for
293	federal income tax purposes pursuant to Treasury Regulation
294	301.7701-3(b)(1)(ii) shall be treated as owned by its sole
295	member or sole general partner.
296	(2)  If property owned by an organization granted an
297	exemption under s. 196.196(5) is transferred for a purpose other
298	than directly providing affordable homeownership or rental
299	housing to persons or families who meet the extremely-low-
300	income, very-low-income, low-income, or moderate-income limits,
301	as specified in s. 420.0004, or is not in actual use to provide
302	such affordable housing within 5 years after the date the
303	organization is granted the exemption, the property appraiser
304	making such determination shall serve upon the organization that
305	illegally or improperly received the exemption a notice of
306	intent to record in the public records of the county a notice of
307	tax lien against any property owned by that organization in the
308	county, and such property shall be identified in the notice of
309	tax lien. The organization owning such property is subject to
310	the taxes otherwise due and owing as a result of the failure to
311	use the property to provide affordable housing plus 15 percent
312	interest per annum and a penalty of 50 percent of the taxes
313	owed. Such lien, when filed, attaches to any property identified
314	in the notice of tax lien owned by the organization that
315	illegally or improperly received the exemption. If such
316	organization no longer owns property in the county but owns
317	property in any other county in the state, the property
318	appraiser shall record in each such other county a notice of tax
319	lien identifying the property owned by such organization in such
320	county which shall become a lien against the identified
321	property. If an exemption is improperly granted as a result of a
322	clerical mistake or an omission by the property appraiser, the
323	organization improperly receiving the exemption shall not be
324	assessed penalty and interest. Before any such lien may be
325	filed, the organization so notified must be given 30 days to pay
326	the taxes, penalties, and interest. The 5-year limitation
327	specified in this subsection may be extended provided the holder
328	of the exemption continues to take affirmative steps to develop
329	the property for the purposes specified in this subsection.
330	Section 6.  Paragraph (d) of subsection (2) of section
331	212.055, Florida Statutes, is amended to read:
332	212.055  Discretionary sales surtaxes; legislative intent;
333	authorization and use of proceeds.--It is the legislative intent
334	that any authorization for imposition of a discretionary sales
335	surtax shall be published in the Florida Statutes as a
336	subsection of this section, irrespective of the duration of the
337	levy. Each enactment shall specify the types of counties
338	authorized to levy; the rate or rates which may be imposed; the
339	maximum length of time the surtax may be imposed, if any; the
340	procedure which must be followed to secure voter approval, if
341	required; the purpose for which the proceeds may be expended;
342	and such other requirements as the Legislature may provide.
343	Taxable transactions and administrative procedures shall be as
344	provided in s. 212.054.
345	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
346	(d)1.  The proceeds of the surtax authorized by this
347	subsection and any accrued interest accrued thereto shall be
348	expended by the school district, or within the county and
349	municipalities within the county, or, in the case of a
350	negotiated joint county agreement, within another county, to
351	finance, plan, and construct infrastructure; and to acquire land
352	for public recreation, or conservation, or protection of natural
353	resources; or and to finance the closure of county-owned or
354	municipally owned solid waste landfills that have been are
355	already closed or are required to be closed close by order of
356	the Department of Environmental Protection. Any use of the such
357	proceeds or interest for purposes of landfill closure before
358	prior to July 1, 1993, is ratified. Neither The proceeds and nor
359	any interest may not accrued thereto shall be used for the
360	operational expenses of any infrastructure, except that a any
361	county that has with a population of fewer less than 75,000 and
362	that is required to close a landfill by order of the Department
363	of Environmental Protection may use the proceeds or any interest
364	accrued thereto for long-term maintenance costs associated with
365	landfill closure. Counties, as defined in s. 125.011 s.
366	125.011(1), and charter counties may, in addition, use the
367	proceeds or and any interest accrued thereto to retire or
368	service indebtedness incurred for bonds issued before prior to
369	July 1, 1987, for infrastructure purposes, and for bonds
370	subsequently issued to refund such bonds. Any use of the such
371	proceeds or interest for purposes of retiring or servicing
372	indebtedness incurred for such refunding bonds before prior to
373	July 1, 1999, is ratified.
374	1.2.  For the purposes of this paragraph, the term
375	"infrastructure" means:
376	a.  Any fixed capital expenditure or fixed capital outlay
377	associated with the construction, reconstruction, or improvement
378	of public facilities that have a life expectancy of 5 or more
379	years and any related land acquisition, land improvement,
380	design, and engineering costs related thereto.
381	b.  A fire department vehicle, an emergency medical service
382	vehicle, a sheriff's office vehicle, a police department
383	vehicle, or any other vehicle, and the such equipment necessary
384	to outfit the vehicle for its official use or equipment that has
385	a life expectancy of at least 5 years.
386	c.  Any expenditure for the construction, lease, or
387	maintenance of, or provision of utilities or security for,
388	facilities, as defined in s. 29.008.
389	d.  Any fixed capital expenditure or fixed capital outlay
390	associated with the improvement of private facilities that have
391	a life expectancy of 5 or more years and that the owner agrees
392	to make available for use on a temporary basis as needed by a
393	local government as a public emergency shelter or a staging area
394	for emergency response equipment during an emergency officially
395	declared by the state or by the local government under s.
396	252.38. Such improvements under this sub-subparagraph are
397	limited to those necessary to comply with current standards for
398	public emergency evacuation shelters. The owner must shall enter
399	into a written contract with the local government providing the
400	improvement funding to make the such private facility available
401	to the public for purposes of emergency shelter at no cost to
402	the local government for a minimum period of 10 years after
403	completion of the improvement, with the provision that the such
404	obligation will transfer to any subsequent owner until the end
405	of the minimum period.
406	e.  Any land expenditure acquisition for a residential
407	housing project in which at least 30 percent of the units are
408	affordable to individuals or families whose total annual
409	household income does not exceed 120 percent of the area median
410	income adjusted for household size, if the land is owned by a
411	local government or by a special district that enters into a
412	written agreement with the local government to provide such
413	housing. The local government or special district may enter into
414	a ground lease with a public or private person or entity for
415	nominal or other consideration for the construction of the
416	residential housing project on land acquired pursuant to this
417	sub-subparagraph.
418	2.3.  Notwithstanding any other provision of this
419	subsection, a local government infrastructure discretionary
420	sales surtax imposed or extended after July 1, 1998, the
421	effective date of this act may allocate up to provide for an
422	amount not to exceed 15 percent of the local option sales surtax
423	proceeds to be allocated for deposit in to a trust fund within
424	the county's accounts created for the purpose of funding
425	economic development projects having of a general public purpose
426	of improving targeted to improve local economies, including the
427	funding of operational costs and incentives related to such
428	economic development. The ballot statement must indicate the
429	intention to make an allocation under the authority of this
430	subparagraph.
431	Section 7.  Present subsections (25) through (41) of
432	section 420.503, Florida Statutes, are redesignated as
433	subsections (26) through (42), respectively, and a new
434	subsection (25) is added to that section to read:
435	420.503  Definitions.--As used in this part, the term:
436	(25)  "Moderate rehabilitation" means repair or restoration
437	of a dwelling unit when the value of such repair or restoration
438	is 40 percent or less of the value of the dwelling but not less
439	than $10,000 per dwelling unit.
440	Section 8.  Section 420.5061, Florida Statutes, is amended
441	to read:
442	420.5061  Transfer of agency assets and liabilities.--The
443	corporation is the legal successor in all respects to the
444	agency, is obligated to the same extent as the agency under any
445	agreements existing on December 31, 1997, and is entitled to any
446	rights and remedies previously afforded the agency by law or
447	contract, including specifically the rights of the agency under
448	chapter 201 and part VI of chapter 159. Effective January 1,
449	1998, all references under Florida law to the agency are deemed
450	to mean the corporation. The corporation shall transfer to the
451	General Revenue Fund an amount which otherwise would have been
452	deducted as a service charge pursuant to s. 215.20(1) if the
453	Florida Housing Finance Corporation Fund established by s.
454	420.508(5), the State Apartment Incentive Loan Fund established
455	by s. 420.5087(7), the Florida Homeownership Assistance Fund
456	established by s. 420.5088(4), the HOME Investment Partnership
457	Fund established by s. 420.5089(1), and the Housing
458	Predevelopment Loan Fund established by s. 420.525(1) were each
459	trust funds. For purposes of s. 112.313, the corporation is
460	deemed to be a continuation of the agency, and the provisions
461	thereof are deemed to apply as if the same entity remained in
462	place. Any employees of the agency and agency board members
463	covered by s. 112.313(9)(a)6. shall continue to be entitled to
464	the exemption in that subparagraph, notwithstanding being hired
465	by the corporation or appointed as board members of the
466	corporation.
467	Section 9.  Subsection (47) is added to section 420.507,
468	Florida Statutes, to read:
469	420.507  Powers of the corporation.--The corporation shall
470	have all the powers necessary or convenient to carry out and
471	effectuate the purposes and provisions of this part, including
472	the following powers which are in addition to all other powers
473	granted by other provisions of this part:
474	(47)  To develop and administer the Florida Public Housing
475	Authority Preservation Grant Program. In developing and
476	administering the program, the corporation may:
477	(a)  Develop criteria for determining the priority for
478	expending grants to preserve and rehabilitate 30-year and older
479	buildings and units under public housing authority control as
480	defined in chapter 421.
481	(b)  Adopt rules for the grant program and exercise the
482	powers authorized in this section.
483	Section 10.  Paragraphs (c) and (l) of subsection (6) of
484	section 420.5087, Florida Statutes, are amended to read:
485	420.5087  State Apartment Incentive Loan Program.--There is
486	hereby created the State Apartment Incentive Loan Program for
487	the purpose of providing first, second, or other subordinated
488	mortgage loans or loan guarantees to sponsors, including for-
489	profit, nonprofit, and public entities, to provide housing
490	affordable to very-low-income persons.
491	(6)  On all state apartment incentive loans, except loans
492	made to housing communities for the elderly to provide for
493	lifesafety, building preservation, health, sanitation, or
494	security-related repairs or improvements, the following
495	provisions shall apply:
496	(c)  The corporation shall provide by rule for the
497	establishment of a review committee composed of the department
498	and corporation staff and shall establish by rule a scoring
499	system for evaluation and competitive ranking of applications
500	submitted in this program, including, but not limited to, the
501	following criteria:
502	1.  Tenant income and demographic targeting objectives of
503	the corporation.
504	2.  Targeting objectives of the corporation which will
505	ensure an equitable distribution of loans between rural and
506	urban areas.
507	3.  Sponsor's agreement to reserve the units for persons or
508	families who have incomes below 50 percent of the state or local
509	median income, whichever is higher, for a time period to exceed
510	the minimum required by federal law or the provisions of this
511	part.
512	4.  Sponsor's agreement to reserve more than:
513	a.  Twenty percent of the units in the project for persons
514	or families who have incomes that do not exceed 50 percent of
515	the state or local median income, whichever is higher; or
516	b.  Forty percent of the units in the project for persons
517	or families who have incomes that do not exceed 60 percent of
518	the state or local median income, whichever is higher, without
519	requiring a greater amount of the loans as provided in this
520	section.
521	5.  Provision for tenant counseling.
522	6.  Sponsor's agreement to accept rental assistance
523	certificates or vouchers as payment for rent.
524	7.  Projects requiring the least amount of a state
525	apartment incentive loan compared to overall project cost except
526	that the share of the loan attributable to units serving
527	extremely-low-income persons shall be excluded from this
528	requirement.
529	8.  Local government contributions and local government
530	comprehensive planning and activities that promote affordable
531	housing.
532	9.  Project feasibility.
533	10.  Economic viability of the project.
534	11.  Commitment of first mortgage financing.
535	12.  Sponsor's prior experience.
536	13.  Sponsor's ability to proceed with construction.
537	14.  Projects that directly implement or assist welfare-to-
538	work transitioning.
539	15.  Projects that reserve units for extremely-low-income
540	persons.
541	16.  Projects that include green building principles,
542	storm-resistant construction, or other elements that reduce
543	long-term costs relating to maintenance, utilities, or
544	insurance.
545	(l)  The proceeds of all loans shall be used for new
546	construction, moderate rehabilitation, or substantial
547	rehabilitation which creates or preserves affordable, safe, and
548	sanitary housing units.
549	Section 11.  Subsection (17) is added to section 420.5095,
550	Florida Statutes, to read:
551	420.5095  Community Workforce Housing Innovation Pilot
552	Program.--
553	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
554	of Florida, that were awarded but have been declined or returned
555	shall be made available for projects that otherwise comply with
556	the provisions of this section and that are created to provide
557	workforce housing for teachers and instructional personnel
558	employed by the school district in the county in which the
559	project is located.
560	(b)  Projects shall be given priority for funding when the
561	school district provides the property for the project pursuant
562	to s. 1001.43.
563	(c)  Projects shall be given priority for funding when the
564	public-private partnership includes the school district and a
565	national nonprofit organization to provide financial support,
566	technical assistance, and training for community-based
567	revitalization efforts.
568	(d)  Projects in counties which had a project selected for
569	funding that declined or returned funds shall be given priority
570	for funding.
571	(e)  Projects shall be selected for funding by requests for
572	proposals.
573	Section 12.  Subsection (5) of section 420.615, Florida
574	Statutes, is amended to read:
575	420.615  Affordable housing land donation density bonus
576	incentives.--
577	(5)  The local government, as part of the approval process,
578	shall adopt a comprehensive plan amendment, pursuant to part II
579	of chapter 163, for the receiving land that incorporates the
580	density bonus. Such amendment shall be deemed by operation of
581	law a small scale amendment, shall be subject only to the
582	requirements of adopted in the manner as required for small-
583	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
584	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
585	is exempt from s. 163.3187(1)(c)1. and the limitation on the
586	frequency of plan amendments as provided in s. 163.3187. An
587	affected person, as defined in s. 163.3184(1), may file a
588	petition for administrative review pursuant to the requirements
589	of s. 163.3187(3) to challenge the compliance of an adopted plan
590	amendment.
591	Section 13.  Section 420.628, Florida Statutes, is created
592	to read:
593	420.628  Affordable housing for children and young adults
594	leaving foster care; legislative findings and intent.--
595	(1)  The Legislature finds that there are many young adults
596	who, through no fault of their own, live in foster families,
597	group homes, and institutions and who face numerous barriers to
598	a successful transition to adulthood.
599	(2)  These youth in foster care are among those who may
600	enter adulthood without the knowledge, skills, attitudes,
601	habits, and relationships that will enable them to be productive
602	members of society.
603	(3)  The main barriers to safe and affordable housing for
604	youth aging out of the foster care system are cost, lack of
605	availability, the unwillingness of many landlords to rent to
606	them, and their own lack of knowledge about how to be good
607	tenants.
608	(4)  The Legislature also finds that young adults who
609	emancipate from the child welfare system are at risk of becoming
610	homeless and those who were formerly in foster care are
611	disproportionately represented in the homeless population.
612	Without the stability of safe housing, all other services,
613	training, and opportunities may not be effective.
614	(5)  The Legislature further finds that making affordable
615	housing available for young adults who transition from foster
616	care decreases their chance of homelessness and may increase
617	their ability to live independently in the future.
618	(6)  The Legislature finds that the Road-to-Independence
619	Program, as described in s. 409.1451, is similar to the Job
620	Training Partnership Act for purposes of s. 42(i)(3)(D)(i)(II)
621	of the Internal Revenue Code.
622	(7)  The Legislature affirms that young adults
623	transitioning out of foster care are to be considered eligible
624	persons, as defined in ss. 420.503(17) and 420.9071(10), for
625	affordable housing purposes and shall be encouraged to
626	participate in state, federal, and local affordable housing
627	programs.
628	(8)  It is therefore the intent of the Legislature to
629	encourage the Florida Housing Finance Corporation, State Housing
630	Initiative Partnership Program agencies, local housing finance
631	agencies, public housing authorities and their agents,
632	developers, and other providers of affordable housing to make
633	affordable housing available to youth transitioning out of
634	foster care whenever and wherever possible.
635	(9)  The Florida Housing Finance Corporation, State Housing
636	Initiative Partnership Program agencies, local housing finance
637	agencies, and public housing authorities shall coordinate with
638	the Department of Children and Family Services and their agents
639	and community-based care providers who are operating pursuant to
640	s. 409.1671 to develop and implement strategies and procedures
641	designed to increase affordable housing opportunities for young
642	adults who are leaving the child welfare system.
643	Section 14.  Subsections (4), (8), (16), and (25) of
644	section 420.9071, Florida Statutes, are amended, and subsections
645	(29) and (30) are added to that section, to read:
646	420.9071  Definitions.--As used in ss. 420.907-420.9079,
647	the term:
648	(4)  "Annual gross income" means annual income as defined
649	under the Section 8 housing assistance payments programs in 24
650	C.F.R. part 5; annual income as reported under the census long
651	form for the recent available decennial census; or adjusted
652	gross income as defined for purposes of reporting under Internal
653	Revenue Service Form 1040 for individual federal annual income
654	tax purposes or as defined by standard practices used in the
655	lending industry as detailed in the local housing assistance
656	plan and approved by the corporation. Counties and eligible
657	municipalities shall calculate income by annualizing verified
658	sources of income for the household as the amount of income to
659	be received in a household during the 12 months following the
660	effective date of the determination.
661	(8)  "Eligible housing" means any real and personal
662	property located within the county or the eligible municipality
663	which is designed and intended for the primary purpose of
664	providing decent, safe, and sanitary residential units that are
665	designed to meet the standards of the Florida Building Code or a
666	predecessor building code adopted under chapter 553, or
667	manufactured housing constructed after June 1994 and installed
668	in accordance with mobile home installation standards of the
669	Department of Highway Safety and Motor Vehicles, for home
670	ownership or rental for eligible persons as designated by each
671	county or eligible municipality participating in the State
672	Housing Initiatives Partnership Program.
673	(16)  "Local housing incentive strategies" means local
674	regulatory reform or incentive programs to encourage or
675	facilitate affordable housing production, which include at a
676	minimum, assurance that permits as defined in s. 163.3164(7) and
677	(8) for affordable housing projects are expedited to a greater
678	degree than other projects; an ongoing process for review of
679	local policies, ordinances, regulations, and plan provisions
680	that increase the cost of housing prior to their adoption; and a
681	schedule for implementing the incentive strategies. Local
682	housing incentive strategies may also include other regulatory
683	reforms, such as those enumerated in s. 420.9076 or those
684	recommended by the affordable housing advisory committee in its
685	triennial evaluation and adopted by the local governing body.
686	(25)  "Recaptured funds" means funds that are recouped by a
687	county or eligible municipality in accordance with the recapture
688	provisions of its local housing assistance plan pursuant to s.
689	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
690	which funds were not used for assistance to an eligible
691	household for an eligible activity, when there is a who default
692	on the terms of a grant award or loan award.
693	(29)  "Assisted housing" or "assisted housing development"
694	means a rental housing development, including rental housing in
695	a mixed-use development, that received or currently receives
696	funding from any federal or state housing program.
697	(30)  "Preservation" means actions taken to keep rents in
698	existing assisted housing affordable for extremely-low-income,
699	very-low-income, low-income, and moderate-income households
700	while ensuring that the property stays in good physical and
701	financial condition for an extended period.
702	Section 15.  Subsection (6) of section 420.9072, Florida
703	Statutes, is amended to read:
704	420.9072  State Housing Initiatives Partnership
705	Program.--The State Housing Initiatives Partnership Program is
706	created for the purpose of providing funds to counties and
707	eligible municipalities as an incentive for the creation of
708	local housing partnerships, to expand production of and preserve
709	affordable housing, to further the housing element of the local
710	government comprehensive plan specific to affordable housing,
711	and to increase housing-related employment.
712	(6)  The moneys that otherwise would be distributed
713	pursuant to s. 420.9073 to a local government that does not meet
714	the program's requirements for receipts of such distributions
715	shall remain in the Local Government Housing Trust Fund to be
716	administered by the corporation pursuant to s. 420.9078.
717	Section 16.  Subsections (1) and (2) of section 420.9073,
718	Florida Statutes, are amended, and subsections (5), (6), and (7)
719	are added to that section, to read:
720	420.9073  Local housing distributions.--
721	(1)  Distributions calculated in this section shall be
722	disbursed on a quarterly or more frequent monthly basis by the
723	corporation beginning the first day of the month after program
724	approval pursuant to s. 420.9072, subject to availability of
725	funds. Each county's share of the funds to be distributed from
726	the portion of the funds in the Local Government Housing Trust
727	Fund received pursuant to s. 201.15(9) shall be calculated by
728	the corporation for each fiscal year as follows:
729	(a)  Each county other than a county that has implemented
730	the provisions of chapter 83-220, Laws of Florida, as amended by
731	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
732	receive the guaranteed amount for each fiscal year.
733	(b)  Each county other than a county that has implemented
734	the provisions of chapter 83-220, Laws of Florida, as amended by
735	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
736	receive an additional share calculated as follows:
737	1.  Multiply each county's percentage of the total state
738	population excluding the population of any county that has
739	implemented the provisions of chapter 83-220, Laws of Florida,
740	as amended by chapters 84-270, 86-152, and 89-252, Laws of
741	Florida, by the total funds to be distributed.
742	2.  If the result in subparagraph 1. is less than the
743	guaranteed amount as determined in subsection (3), that county's
744	additional share shall be zero.
745	3.  For each county in which the result in subparagraph 1.
746	is greater than the guaranteed amount as determined in
747	subsection (3), the amount calculated in subparagraph 1. shall
748	be reduced by the guaranteed amount. The result for each such
749	county shall be expressed as a percentage of the amounts so
750	determined for all counties. Each such county shall receive an
751	additional share equal to such percentage multiplied by the
752	total funds received by the Local Government Housing Trust Fund
753	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
754	to all counties.
755	(2)  Effective July 1, 1995, Distributions calculated in
756	this section shall be disbursed on a quarterly or more frequent
757	monthly basis by the corporation beginning the first day of the
758	month after program approval pursuant to s. 420.9072, subject to
759	availability of funds. Each county's share of the funds to be
760	distributed from the portion of the funds in the Local
761	Government Housing Trust Fund received pursuant to s. 201.15(10)
762	shall be calculated by the corporation for each fiscal year as
763	follows:
764	(a)  Each county shall receive the guaranteed amount for
765	each fiscal year.
766	(b)  Each county may receive an additional share calculated
767	as follows:
768	1.  Multiply each county's percentage of the total state
769	population, by the total funds to be distributed.
770	2.  If the result in subparagraph 1. is less than the
771	guaranteed amount as determined in subsection (3), that county's
772	additional share shall be zero.
773	3.  For each county in which the result in subparagraph 1.
774	is greater than the guaranteed amount, the amount calculated in
775	subparagraph 1. shall be reduced by the guaranteed amount. The
776	result for each such county shall be expressed as a percentage
777	of the amounts so determined for all counties. Each such county
778	shall receive an additional share equal to this percentage
779	multiplied by the total funds received by the Local Government
780	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
781	guaranteed amount paid to all counties.
782	(5)  Notwithstanding subsections (1)-(4), the corporation
783	is authorized to withhold up to $5 million from the total
784	distribution each fiscal year to provide additional funding to
785	counties and eligible municipalities in which a state of
786	emergency has been declared by the Governor pursuant to chapter
787	252. Any portion of such funds not distributed under this
788	subsection by the end of the fiscal year shall be distributed as
789	provided in this section.
790	(6)  Notwithstanding subsections (1)-(4), the corporation
791	is authorized to withhold up to $5 million from the total
792	distribution each fiscal year to provide funding to counties and
793	eligible municipalities to purchase properties subject to a
794	State Housing Initiative Partnership Program lien and on which
795	foreclosure proceedings have been initiated by any mortgagee.
796	Each county and eligible municipality that receives funds under
797	this subsection shall repay such funds to the corporation not
798	later than the expenditure deadline for the fiscal year in which
799	the funds were awarded. Amounts not repaid shall be withheld
800	from the subsequent year's distribution. Any portion of such
801	funds not distributed under this subsection by the end of the
802	fiscal year shall be distributed as provided in this section.
803	(7)  A county or eligible municipality that receives local
804	housing distributions pursuant to this section shall expend
805	those funds in accordance with the provisions of ss. 420.907-
806	420.9079, corporation rule, and its local housing assistance
807	plan.
808	Section 17.  Subsections (1), (3), (5), and (8), paragraphs
809	(a) and (h) of subsection (10), and paragraph (b) of subsection
810	(13) of section 420.9075, Florida Statutes, are amended, and
811	subsection (14) is added to that section, to read:
812	420.9075  Local housing assistance plans; partnerships.--
813	(1)(a)  Each county or eligible municipality participating
814	in the State Housing Initiatives Partnership Program shall
815	develop and implement a local housing assistance plan created to
816	make affordable residential units available to persons of very
817	low income, low income, or moderate income and to persons who
818	have special housing needs, including, but not limited to,
819	homeless people, the elderly, and migrant farmworkers, and
820	persons with disabilities. High-cost counties or eligible
821	municipalities as defined by rule of the corporation may include
822	strategies to assist persons and households having annual
823	incomes of not more than 140 percent of area median income. The
824	plans are intended to increase the availability of affordable
825	residential units by combining local resources and cost-saving
826	measures into a local housing partnership and using private and
827	public funds to reduce the cost of housing.
828	(b)  Local housing assistance plans may allocate funds to:
829	1.  Implement local housing assistance strategies for the
830	provision of affordable housing.
831	2.  Supplement funds available to the corporation to
832	provide enhanced funding of state housing programs within the
833	county or the eligible municipality.
834	3.  Provide the local matching share of federal affordable
835	housing grants or programs.
836	4.  Fund emergency repairs, including, but not limited to,
837	repairs performed by existing service providers under
838	weatherization assistance programs under ss. 409.509-409.5093.
839	5.  Further the housing element of the local government
840	comprehensive plan adopted pursuant to s. 163.3184, specific to
841	affordable housing.
842	(3)(a)  Each local housing assistance plan shall include a
843	definition of essential service personnel for the county or
844	eligible municipality, including, but not limited to, teachers
845	and educators, other school district, community college, and
846	university employees, police and fire personnel, health care
847	personnel, skilled building trades personnel, and other job
848	categories.
849	(b)  Each county and each eligible municipality is
850	encouraged to develop a strategy within its local housing
851	assistance plan that emphasizes the recruitment and retention of
852	essential service personnel. The local government is encouraged
853	to involve public and private sector employers. Compliance with
854	the eligibility criteria established under this strategy shall
855	be verified by the county or eligible municipality.
856	(c)  Each county and each eligible municipality is
857	encouraged to develop a strategy within its local housing
858	assistance plan that addresses the needs of persons who are
859	deprived of affordable housing due to the closure of a mobile
860	home park or the conversion of affordable rental units to
861	condominiums.
862	(d)  Each county and each eligible municipality shall
863	describe initiatives in the local housing assistance plan to
864	encourage or require innovative design, green building
865	principles, storm-resistant construction, or other elements that
866	reduce long-term costs relating to maintenance, utilities, or
867	insurance.
868	(e)  Each county and each eligible municipality is
869	encouraged to develop a strategy within its local housing
870	assistance plan that provides program funds for the preservation
871	of assisted housing.
872	(5)  The following criteria apply to awards made to
873	eligible sponsors or eligible persons for the purpose of
874	providing eligible housing:
875	(a)  At least 65 percent of the funds made available in
876	each county and eligible municipality from the local housing
877	distribution must be reserved for home ownership for eligible
878	persons.
879	(b)  At least 75 percent of the funds made available in
880	each county and eligible municipality from the local housing
881	distribution must be reserved for construction, rehabilitation,
882	or emergency repair of affordable, eligible housing.
883	(c)  Not more than 15 percent of the funds made available
884	in each county and eligible municipality from the local housing
885	distribution may be used for manufactured housing.
886	(d)(c)  The sales price or value of new or existing
887	eligible housing may not exceed 90 percent of the average area
888	purchase price in the statistical area in which the eligible
889	housing is located. Such average area purchase price may be that
890	calculated for any 12-month period beginning not earlier than
891	the fourth calendar year prior to the year in which the award
892	occurs or as otherwise established by the United States
893	Department of the Treasury.
894	(e)(d)1.  All units constructed, rehabilitated, or
895	otherwise assisted with the funds provided from the local
896	housing assistance trust fund must be occupied by very-low-
897	income persons, low-income persons, and moderate-income persons
898	except as otherwise provided in this section.
899	2.  At least 30 percent of the funds deposited into the
900	local housing assistance trust fund must be reserved for awards
901	to very-low-income persons or eligible sponsors who will serve
902	very-low-income persons and at least an additional 30 percent of
903	the funds deposited into the local housing assistance trust fund
904	must be reserved for awards to low-income persons or eligible
905	sponsors who will serve low-income persons. This subparagraph
906	does not apply to a county or an eligible municipality that
907	includes, or has included within the previous 5 years, an area
908	of critical state concern designated or ratified by the
909	Legislature for which the Legislature has declared its intent to
910	provide affordable housing. The exemption created by this act
911	expires on July 1, 2013 2008.
912	(f)(e)  Loans shall be provided for periods not exceeding
913	30 years, except for deferred payment loans or loans that extend
914	beyond 30 years which continue to serve eligible persons.
915	(g)(f)  Loans or grants for eligible rental housing
916	constructed, rehabilitated, or otherwise assisted from the local
917	housing assistance trust fund must be subject to recapture
918	requirements as provided by the county or eligible municipality
919	in its local housing assistance plan unless reserved for
920	eligible persons for 15 years or the term of the assistance,
921	whichever period is longer. Eligible sponsors that offer rental
922	housing for sale before 15 years or that have remaining
923	mortgages funded under this program must give a first right of
924	refusal to eligible nonprofit organizations for purchase at the
925	current market value for continued occupancy by eligible
926	persons.
927	(h)(g)  Loans or grants for eligible owner-occupied housing
928	constructed, rehabilitated, or otherwise assisted from proceeds
929	provided from the local housing assistance trust fund shall be
930	subject to recapture requirements as provided by the county or
931	eligible municipality in its local housing assistance plan.
932	(i)(h)  The total amount of monthly mortgage payments or
933	the amount of monthly rent charged by the eligible sponsor or
934	her or his designee must be made affordable.
935	(j)(i)  The maximum sales price or value per unit and the
936	maximum award per unit for eligible housing benefiting from
937	awards made pursuant to this section must be established in the
938	local housing assistance plan.
939	(k)(j)  The benefit of assistance provided through the
940	State Housing Initiatives Partnership Program must accrue to
941	eligible persons occupying eligible housing. This provision
942	shall not be construed to prohibit use of the local housing
943	distribution funds for a mixed income rental development.
944	(l)(k)  Funds from the local housing distribution not used
945	to meet the criteria established in paragraph (a) or paragraph
946	(b) or not used for the administration of a local housing
947	assistance plan must be used for housing production and finance
948	activities, including, but not limited to, financing
949	preconstruction activities or the purchase of existing units,
950	providing rental housing, and providing home ownership training
951	to prospective home buyers and owners of homes assisted through
952	the local housing assistance plan.
953	1.  Notwithstanding the provisions of paragraphs (a) and
954	(b), program income as defined in s. 420.9071(24) may also be
955	used to fund activities described in this paragraph.
956	2.  When preconstruction due diligence activities conducted
957	as part of a preservation strategy show that preservation of the
958	units is not feasible and will not result in the production of
959	an eligible unit, such costs shall be deemed a program expense
960	rather than an administrative expense if such program expenses
961	do not exceed 3 percent of the annual local housing
962	distribution.
963	3.  If both an award under the local housing assistance
964	plan and federal low-income housing tax credits are used to
965	assist a project and there is a conflict between the criteria
966	prescribed in this subsection and the requirements of s. 42 of
967	the Internal Revenue Code of 1986, as amended, the county or
968	eligible municipality may resolve the conflict by giving
969	precedence to the requirements of s. 42 of the Internal Revenue
970	Code of 1986, as amended, in lieu of following the criteria
971	prescribed in this subsection with the exception of paragraphs
972	(a) and (e) (d) of this subsection.
973	4.  Each county and each eligible municipality may award
974	funds as a grant for construction, rehabilitation, or repair as
975	part of disaster recovery or emergency repairs or to remedy
976	accessibility or health and safety deficiencies. Any other
977	grants must be approved as part of the local housing assistance
978	plan.
979	(8)  Pursuant to s. 420.531, the corporation shall provide
980	training and technical assistance to local governments regarding
981	the creation of partnerships, the design of local housing
982	assistance strategies, the implementation of local housing
983	incentive strategies, and the provision of support services.
984	(10)  Each county or eligible municipality shall submit to
985	the corporation by September 15 of each year a report of its
986	affordable housing programs and accomplishments through June 30
987	immediately preceding submittal of the report. The report shall
988	be certified as accurate and complete by the local government's
989	chief elected official or his or her designee. Transmittal of
990	the annual report by a county's or eligible municipality's chief
991	elected official, or his or her designee, certifies that the
992	local housing incentive strategies, or, if applicable, the local
993	housing incentive plan, have been implemented or are in the
994	process of being implemented pursuant to the adopted schedule
995	for implementation. The report must include, but is not limited
996	to:
997	(a)  The number of households served by income category,
998	age, family size, and race, and data regarding any special needs
999	populations such as farmworkers, homeless persons, persons with
1000	disabilities, and the elderly. Counties shall report this
1001	information separately for households served in the
1002	unincorporated area and each municipality within the county.
1003	(h)  Such other data or affordable housing accomplishments
1004	considered significant by the reporting county or eligible
1005	municipality or by the corporation.
1006	(13)
1007	(b)  If, as a result of its review of the annual report,
1008	the corporation determines that a county or eligible
1009	municipality has failed to implement a local housing incentive
1010	strategy, or, if applicable, a local housing incentive plan, it
1011	shall send a notice of termination of the local government's
1012	share of the local housing distribution by certified mail to the
1013	affected county or eligible municipality.
1014	1.  The notice must specify a date of termination of the
1015	funding if the affected county or eligible municipality does not
1016	implement the plan or strategy and provide for a local response.
1017	A county or eligible municipality shall respond to the
1018	corporation within 30 days after receipt of the notice of
1019	termination.
1020	2.  The corporation shall consider the local response that
1021	extenuating circumstances precluded implementation and grant an
1022	extension to the timeframe for implementation. Such an extension
1023	shall be made in the form of an extension agreement that
1024	provides a timeframe for implementation. The chief elected
1025	official of a county or eligible municipality or his or her
1026	designee shall have the authority to enter into the agreement on
1027	behalf of the local government.
1028	3.  If the county or the eligible municipality has not
1029	implemented the incentive strategy or entered into an extension
1030	agreement by the termination date specified in the notice, the
1031	local housing distribution share terminates, and any uncommitted
1032	local housing distribution funds held by the affected county or
1033	eligible municipality in its local housing assistance trust fund
1034	shall be transferred to the Local Government Housing Trust Fund
1035	to the credit of the corporation to administer pursuant to s.
1036	420.9078.
1037	4.a.  If the affected local government fails to meet the
1038	timeframes specified in the agreement, the corporation shall
1039	terminate funds. The corporation shall send a notice of
1040	termination of the local government's share of the local housing
1041	distribution by certified mail to the affected local government.
1042	The notice shall specify the termination date, and any
1043	uncommitted funds held by the affected local government shall be
1044	transferred to the Local Government Housing Trust Fund to the
1045	credit of the corporation to administer pursuant to s. 420.9078.
1046	b.  If the corporation terminates funds to a county, but an
1047	eligible municipality receiving a local housing distribution
1048	pursuant to an interlocal agreement maintains compliance with
1049	program requirements, the corporation shall thereafter
1050	distribute directly to the participating eligible municipality
1051	its share calculated in the manner provided in s. 420.9072.
1052	c.  Any county or eligible municipality whose local
1053	distribution share has been terminated may subsequently elect to
1054	receive directly its local distribution share by adopting the
1055	ordinance, resolution, and local housing assistance plan in the
1056	manner and according to the procedures provided in ss. 420.907-
1057	420.9079.
1058	(14)  If the corporation determines that a county or
1059	eligible municipality has expended program funds for an
1060	ineligible activity, the corporation shall require such funds to
1061	be repaid to the local housing assistance trust fund. Such
1062	repayment may not be made with funds from the State Housing
1063	Initiatives Partnership Program.
1064	Section 18.  Paragraph (h) of subsection (2), subsections
1065	(5) and (6), and paragraph (a) of subsection (7) of section
1066	420.9076, Florida Statutes, are amended to read:
1067	420.9076  Adoption of affordable housing incentive
1068	strategies; committees.--
1069	(2)  The governing board of a county or municipality shall
1070	appoint the members of the affordable housing advisory committee
1071	by resolution. Pursuant to the terms of any interlocal
1072	agreement, a county and municipality may create and jointly
1073	appoint an advisory committee to prepare a joint plan. The
1074	ordinance adopted pursuant to s. 420.9072 which creates the
1075	advisory committee or the resolution appointing the advisory
1076	committee members must provide for 11 committee members and
1077	their terms. The committee must include:
1078	(h)  One citizen who actively serves on the local planning
1079	agency pursuant to s. 163.3174. If the local planning agency is
1080	comprised of the governing board of the county or municipality,
1081	the governing board may appoint a designee who is knowledgeable
1082	in the local planning process.
1083
1084	If a county or eligible municipality whether due to its small
1085	size, the presence of a conflict of interest by prospective
1086	appointees, or other reasonable factor, is unable to appoint a
1087	citizen actively engaged in these activities in connection with
1088	affordable housing, a citizen engaged in the activity without
1089	regard to affordable housing may be appointed. Local governments
1090	that receive the minimum allocation under the State Housing
1091	Initiatives Partnership Program may elect to appoint an
1092	affordable housing advisory committee with fewer than 11
1093	representatives if they are unable to find representatives who
1094	meet the criteria of paragraphs (a)-(k).
1095	(5)  The approval by the advisory committee of its local
1096	housing incentive strategies recommendations and its review of
1097	local government implementation of previously recommended
1098	strategies must be made by affirmative vote of a majority of the
1099	membership of the advisory committee taken at a public hearing.
1100	Notice of the time, date, and place of the public hearing of the
1101	advisory committee to adopt its evaluation and final local
1102	housing incentive strategies recommendations must be published
1103	in a newspaper of general paid circulation in the county. The
1104	notice must contain a short and concise summary of the
1105	evaluation and local housing incentives strategies
1106	recommendations to be considered by the advisory committee. The
1107	notice must state the public place where a copy of the
1108	evaluation and tentative advisory committee recommendations can
1109	be obtained by interested persons. The final report, evaluation,
1110	and recommendations shall be submitted to the corporation.
1111	(6)  Within 90 days after the date of receipt of the
1112	evaluation and local housing incentive strategies
1113	recommendations from the advisory committee, the governing body
1114	of the appointing local government shall adopt an amendment to
1115	its local housing assistance plan to incorporate the local
1116	housing incentive strategies it will implement within its
1117	jurisdiction. The amendment must include, at a minimum, the
1118	local housing incentive strategies required under s.
1119	420.9071(16). The local government must consider the strategies
1120	specified in paragraphs (4)(a)-(k) as recommended by the
1121	advisory committee.
1122	(7)  The governing board of the county or the eligible
1123	municipality shall notify the corporation by certified mail of
1124	its adoption of an amendment of its local housing assistance
1125	plan to incorporate local housing incentive strategies. The
1126	notice must include a copy of the approved amended plan.
1127	(a)  If the corporation fails to receive timely the
1128	approved amended local housing assistance plan to incorporate
1129	local housing incentive strategies, a notice of termination of
1130	its share of the local housing distribution shall be sent by
1131	certified mail by the corporation to the affected county or
1132	eligible municipality. The notice of termination must specify a
1133	date of termination of the funding if the affected county or
1134	eligible municipality has not adopted an amended local housing
1135	assistance plan to incorporate local housing incentive
1136	strategies. If the county or the eligible municipality has not
1137	adopted an amended local housing assistance plan to incorporate
1138	local housing incentive strategies by the termination date
1139	specified in the notice of termination, the local distribution
1140	share terminates; and any uncommitted local distribution funds
1141	held by the affected county or eligible municipality in its
1142	local housing assistance trust fund shall be transferred to the
1143	Local Government Housing Trust Fund to the credit of the
1144	corporation to administer the local government housing program
1145	pursuant to s. 420.9078.
1146	Section 19.  Section 420.9078, Florida Statutes, is
1147	repealed.
1148	Section 20.  Section 420.9079, Florida Statutes, is amended
1149	to read:
1150	420.9079  Local Government Housing Trust Fund.--
1151	(1)  There is created in the State Treasury the Local
1152	Government Housing Trust Fund, which shall be administered by
1153	the corporation on behalf of the department according to the
1154	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1155	section. There shall be deposited into the fund a portion of the
1156	documentary stamp tax revenues as provided in s. 201.15, moneys
1157	received from any other source for the purposes of ss. 420.907-
1158	420.9076 420.907-420.9078 and this section, and all proceeds
1159	derived from the investment of such moneys. Moneys in the fund
1160	that are not currently needed for the purposes of the programs
1161	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1162	and this section shall be deposited to the credit of the fund
1163	and may be invested as provided by law. The interest received on
1164	any such investment shall be credited to the fund.
1165	(2)  The corporation shall administer the fund exclusively
1166	for the purpose of implementing the programs described in ss.
1167	420.907-420.9076 420.907-420.9078 and this section. With the
1168	exception of monitoring the activities of counties and eligible
1169	municipalities to determine local compliance with program
1170	requirements, the corporation shall not receive appropriations
1171	from the fund for administrative or personnel costs. For the
1172	purpose of implementing the compliance monitoring provisions of
1173	s. 420.9075(9), the corporation may request a maximum of one-
1174	quarter of 1 percent of the annual appropriation per state
1175	fiscal year. When such funding is appropriated, the corporation
1176	shall deduct the amount appropriated prior to calculating the
1177	local housing distribution pursuant to ss. 420.9072 and
1178	420.9073.
1179	Section 21.  Subsection (12) of section 1001.43, Florida
1180	Statutes, is amended to read:
1181	1001.43  Supplemental powers and duties of district school
1182	board.--The district school board may exercise the following
1183	supplemental powers and duties as authorized by this code or
1184	State Board of Education rule.
1185	(12)  AFFORDABLE HOUSING.--A district school board may use
1186	portions of school sites purchased within the guidelines of the
1187	State Requirements for Educational Facilities, land deemed not
1188	usable for educational purposes because of location or other
1189	factors, or land declared as surplus by the board to provide
1190	sites for affordable housing for teachers and other district
1191	personnel and, in areas of critical state concern, for other
1192	essential services personnel as defined by local affordable
1193	housing eligibility requirements, independently or in
1194	conjunction with other agencies as described in subsection (5).
1195	Section 22.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.