Florida Senate - 2009                                    SB 2314
       
       
       
       By Senator Wise
       
       
       
       
       5-01511A-09                                           20092314__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         201.15, F.S.; providing criteria relating to
    4         distribution of proceeds from the excise tax on
    5         documents to increase housing accessibility for
    6         persons with special needs; amending s. 420.0003,
    7         F.S.; providing additional policy guidelines under the
    8         state housing strategy for the development of programs
    9         for housing production or rehabilitation; including
   10         the needs of persons with special needs in the
   11         strategy’s periodic review and report; amending s.
   12         420.0004, F.S.; defining the terms “disabling
   13         condition” and “person with special needs”; conforming
   14         cross-references; amending s. 420.5087, F.S.;
   15         including persons with special needs as a tenant group
   16         for specified purposes of the State Apartment
   17         Incentive Loan Program; amending ss. 163.31771,
   18         196.1978, 212.08, 215.5586, and 420.507, F.S.;
   19         conforming cross-references; providing an effective
   20         date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (16) of section 201.15, Florida
   25  Statutes, is renumbered as subsection (17), and a new subsection
   26  (16) is added to that section to read:
   27         201.15 Distribution of taxes collected.—All taxes collected
   28  under this chapter are subject to the service charge imposed in
   29  s. 215.20(1). Prior to distribution under this section, the
   30  Department of Revenue shall deduct amounts necessary to pay the
   31  costs of the collection and enforcement of the tax levied by
   32  this chapter. Such costs and the service charge may not be
   33  levied against any portion of taxes pledged to debt service on
   34  bonds to the extent that the costs and service charge are
   35  required to pay any amounts relating to the bonds. All taxes
   36  remaining after deduction of costs and the service charge shall
   37  be distributed as follows:
   38         (16) In order to increase the financial feasibility and
   39  accessibility of housing funded by the Florida Housing Finance
   40  Corporation for persons with special needs, 10 percent of funds
   41  generated that exceed the limits in subsections (9) and (10)
   42  shall be distributed to the State Housing Trust Fund for use by
   43  the Department of Community Affairs and the Florida Housing
   44  Finance Corporation to assist in the production costs, operating
   45  costs, or a rent assistance program to increase access to units
   46  that are affordable to persons with special needs, as defined in
   47  s. 420.004(13). Individuals receiving funding from these sources
   48  for affordable housing are restricted to persons who meet the
   49  definition of persons with special needs under s. 420.004(13)
   50  and whose total annual adjusted gross household income does not
   51  exceed the supplemental security income (SSI). An individual may
   52  not be excluded from eligibility for a unit or assistance due to
   53  part-time supplemental employment income that does not exceed
   54  SSI eligibility requirements. This distribution is intended to
   55  increase accessibility of housing for persons with special needs
   56  and to supplement but not supplant existing similar efforts.
   57         Section 2. Paragraph (e) of subsection (3) and paragraph
   58  (c) of subsection (4) of section 420.0003, Florida Statutes, are
   59  amended to read:
   60         420.0003 State housing strategy.—
   61         (3) POLICIES.—
   62         (e) Housing production or rehabilitation programs.—New
   63  programs for housing production or rehabilitation shall be
   64  developed in accordance with the following general guidelines as
   65  appropriate for the purpose of the specific program:
   66         1. State and local governments shall provide incentives to
   67  encourage the private sector to be the primary delivery vehicle
   68  for the development of affordable housing.
   69         2. State funds should be heavily leveraged to achieve the
   70  maximum local and private commitment of funds while achieving
   71  the program objectives.
   72         3. To the maximum extent possible, state funds should be
   73  expended to provide housing units rather than to support program
   74  administration.
   75         4. State money should be used, when possible, as loans
   76  rather than grants.
   77         5. State funds should be available only to local
   78  governments that provide incentives or financial assistance for
   79  housing.
   80         6. State funds should be made available only for projects
   81  which are consistent with the local government comprehensive
   82  plan.
   83         7. State funding for housing should not be made available
   84  to local governments whose comprehensive plans have been found
   85  not in compliance with chapter 163 and who have not entered into
   86  a stipulated settlement agreement with the Department of
   87  Community Affairs to bring the plan into compliance.
   88         8. Mixed income projects should be encouraged, to avoid a
   89  concentration of low-income residents in one area or project.
   90         9. Distribution of state housing funds should be flexible
   91  and consider the regional and local needs, resources, and
   92  capabilities of housing producers.
   93         10. Income levels used to determine program eligibility
   94  should be adjusted for family size in determining the
   95  eligibility of specific beneficiaries.
   96         11. To the maximum extent possible, state-owned lands that
   97  are appropriate for the development of affordable housing shall
   98  be made available for that purpose.
   99         12. Distribution of housing funds for multifamily rental
  100  housing should be administered to address the housing needs of
  101  persons most in need of housing, including persons with special
  102  needs, as defined in s. 420.004(13).
  103         13. Unit distribution of mixed-income projects funded or
  104  administered by the state through the State Apartment Incentive
  105  Loan Program, the HOME Investment Partnership Program, or the
  106  federal low-income housing tax credit program, shall be as
  107  follows:
  108         a. The percentage distribution of units targeted for
  109  extremely-low-income persons shall mirror the percentage
  110  distribution of current housing needs data of extremely-low
  111  income persons and may not be less than 20 percent of the units.
  112         b. At least half of the units designated for extremely-low
  113  income persons, not less than 10 percent of the project’s total
  114  units, must be reserved for persons with special needs, as
  115  defined in s. 420.0004(13).
  116         (4) IMPLEMENTATION.—The Department of Community Affairs and
  117  the Florida Housing Finance Corporation in carrying out the
  118  strategy articulated herein shall have the following duties:
  119         (c) The Shimberg Center for Affordable Housing, in
  120  consultation with the Department of Community Affairs and the
  121  Florida Housing Finance Corporation, shall review and evaluate
  122  existing housing rehabilitation, production, and finance
  123  programs to determine their consistency with relevant policies
  124  in this section and identify the needs of specific populations,
  125  including, but not limited to, elderly persons, and handicapped
  126  persons, and persons with special needs, and shall recommend
  127  statutory modifications where appropriate. The Shimberg Center
  128  for Affordable Housing, in consultation with the Department of
  129  Community Affairs and the corporation, shall also evaluate the
  130  degree of coordination between state housing programs, and
  131  between state, federal, and local housing activities, and shall
  132  recommend improved program linkages. The recommendations
  133  required above and a report of any programmatic modifications
  134  made as a result of these policies shall be included in the
  135  housing report required by s. 420.6075, beginning December 31,
  136  1991, and every 5 years thereafter.
  137         Section 3. Section 420.0004, Florida Statutes, is amended
  138  to read:
  139         420.0004 Definitions.—As used in this part, unless the
  140  context otherwise indicates:
  141         (1) “Adjusted for family size” means adjusted in a manner
  142  which results in an income eligibility level which is lower for
  143  households with fewer than four people, or higher for households
  144  with more than four people, than the base income eligibility
  145  determined as provided in subsection (9) (8), subsection (11)
  146  (10), subsection (12) (11), or subsection (17) (15), based upon
  147  a formula as established by the United States Department of
  148  Housing and Urban Development.
  149         (2) “Adjusted gross income” means all wages, assets,
  150  regular cash or noncash contributions or gifts from persons
  151  outside the household, and such other resources and benefits as
  152  may be determined to be income by the United States Department
  153  of Housing and Urban Development, adjusted for family size, less
  154  deductions allowable under s. 62 of the Internal Revenue Code.
  155         (3) “Affordable” means that monthly rents or monthly
  156  mortgage payments including taxes, insurance, and utilities do
  157  not exceed 30 percent of that amount which represents the
  158  percentage of the median adjusted gross annual income for the
  159  households as indicated in subsection (9) (8), subsection (11)
  160  (10), subsection (12) (11), or subsection (17) (15).
  161         (4) “Corporation” means the Florida Housing Finance
  162  Corporation.
  163         (5) “Community-based organization” or “nonprofit
  164  organization” means a private corporation organized under
  165  chapter 617 to assist in the provision of housing and related
  166  services on a not-for-profit basis and which is acceptable to
  167  federal and state agencies and financial institutions as a
  168  sponsor of low-income housing.
  169         (6) “Department” means the Department of Community Affairs.
  170         (7) “Disabling condition” means a diagnosable substance
  171  abuse disorder, serious mental illness, developmental
  172  disability, or chronic physical illness or disability, or the
  173  co-occurrence of two or more of these conditions, and a
  174  determination that the condition is:
  175         (a) Expected to be of long-continued and indefinite
  176  duration;
  177         (b) Not expected to impair the ability of the person with
  178  special needs to live independently with appropriate supports;
  179  and
  180         (c) Of such a nature that such condition could be improved
  181  by more suitable housing conditions.
  182         (8)(7) “Elderly” describes persons 62 years of age or
  183  older.
  184         (9)(8) “Extremely-low-income persons” means one or more
  185  natural persons or a family whose total annual household income
  186  does not exceed 30 percent of the median annual adjusted gross
  187  income for households within the state. The Florida Housing
  188  Finance Corporation may adjust this amount annually by rule to
  189  provide that in lower income counties, extremely low income may
  190  exceed 30 percent of area median income and that in higher
  191  income counties, extremely low income may be less than 30
  192  percent of area median income.
  193         (10)(9) “Local public body” means any county, municipality,
  194  or other political subdivision, or any housing authority as
  195  provided by chapter 421, which is eligible to sponsor or develop
  196  housing for farmworkers and very-low-income and low-income
  197  persons within its jurisdiction.
  198         (11)(10) “Low-income persons” means one or more natural
  199  persons or a family, the total annual adjusted gross household
  200  income of which does not exceed 80 percent of the median annual
  201  adjusted gross income for households within the state, or 80
  202  percent of the median annual adjusted gross income for
  203  households within the metropolitan statistical area (MSA) or, if
  204  not within an MSA, within the county in which the person or
  205  family resides, whichever is greater.
  206         (12)(11) “Moderate-income persons” means one or more
  207  natural persons or a family, the total annual adjusted gross
  208  household income of which is less than 120 percent of the median
  209  annual adjusted gross income for households within the state, or
  210  120 percent of the median annual adjusted gross income for
  211  households within the metropolitan statistical area (MSA) or, if
  212  not within an MSA, within the county in which the person or
  213  family resides, whichever is greater.
  214         (13) “Person with special needs” means a person with a
  215  disabling condition; a person receiving benefits under the
  216  Social Security Disability Insurance (SSDI) program or the
  217  Supplemental Security Income (SSI) program or from veterans’
  218  disability benefits; a young adult, 22 years of age or younger,
  219  exiting foster care; or a survivor of domestic violence or other
  220  extremely-low-income household requiring independent living
  221  services in order to maintain housing or develop independent
  222  living skills.
  223         (14)(12) “Student” means any person not living with his or
  224  her parent or guardian who is eligible to be claimed by his or
  225  her parent or guardian as a dependent under the federal income
  226  tax code and who is enrolled on at least a half-time basis in a
  227  secondary school, career center, community college, college, or
  228  university.
  229         (15)(13) “Substandard” means:
  230         (a) Any unit lacking complete plumbing or sanitary
  231  facilities for the exclusive use of the occupants;
  232         (b) A unit which is in violation of one or more major
  233  sections of an applicable housing code and where such violation
  234  poses a serious threat to the health of the occupant; or
  235         (c) A unit that has been declared unfit for human
  236  habitation but that could be rehabilitated for less than 50
  237  percent of the property value.
  238         (16)(14) “Substantial rehabilitation” means repair or
  239  restoration of a dwelling unit where the value of such repair or
  240  restoration exceeds 40 percent of the value of the dwelling.
  241         (17)(15) “Very-low-income persons” means one or more
  242  natural persons or a family, not including students, the total
  243  annual adjusted gross household income of which does not exceed
  244  50 percent of the median annual adjusted gross income for
  245  households within the state, or 50 percent of the median annual
  246  adjusted gross income for households within the metropolitan
  247  statistical area (MSA) or, if not within an MSA, within the
  248  county in which the person or family resides, whichever is
  249  greater.
  250         Section 4. Subsection (3) of section 420.5087, Florida
  251  Statutes, is amended to read:
  252         420.5087 State Apartment Incentive Loan Program.—There is
  253  hereby created the State Apartment Incentive Loan Program for
  254  the purpose of providing first, second, or other subordinated
  255  mortgage loans or loan guarantees to sponsors, including for
  256  profit, nonprofit, and public entities, to provide housing
  257  affordable to very-low-income persons.
  258         (3) During the first 6 months of loan or loan guarantee
  259  availability, program funds shall be reserved for use by
  260  sponsors who provide the housing set-aside required in
  261  subsection (2) for the tenant groups designated in this
  262  subsection. The reservation of funds to each of these groups
  263  shall be determined using the most recent statewide very-low
  264  income rental housing market study available at the time of
  265  publication of each notice of fund availability required by
  266  paragraph (6)(b). The reservation of funds within each notice of
  267  fund availability to the tenant groups in paragraphs (a), (b),
  268  and (d), and (e) may not be less than 10 percent of the funds
  269  available at that time. Any increase in funding required to
  270  reach the 10-percent minimum must be taken from the tenant group
  271  that has the largest reservation. The reservation of funds
  272  within each notice of fund availability to the tenant group in
  273  paragraph (c) may not be less than 5 percent of the funds
  274  available at that time. The tenant groups are:
  275         (a) Commercial fishing workers and farmworkers;
  276         (b) Families;
  277         (c) Persons who are homeless; and
  278         (d) Elderly persons. Ten percent of the amount reserved for
  279  the elderly shall be reserved to provide loans to sponsors of
  280  housing for the elderly for the purpose of making building
  281  preservation, health, or sanitation repairs or improvements
  282  which are required by federal, state, or local regulation or
  283  code, or lifesafety or security-related repairs or improvements
  284  to such housing. Such a loan may not exceed $750,000 per housing
  285  community for the elderly. In order to receive the loan, the
  286  sponsor of the housing community must make a commitment to match
  287  at least 5 percent of the loan amount to pay the cost of such
  288  repair or improvement. The corporation shall establish the rate
  289  of interest on the loan, which may not exceed 3 percent, and the
  290  term of the loan, which may not exceed 15 years; however, if the
  291  lien of the corporation’s encumbrance is subordinate to the lien
  292  of another mortgagee, then the term may be made coterminous with
  293  the longest term of the superior lien. The term of the loan
  294  shall be based on a credit analysis of the applicant. The
  295  corporation may forgive indebtedness for a share of the loan
  296  attributable to the units in a project reserved for extremely
  297  low-income elderly by nonprofit organizations, as defined in s.
  298  420.0004(5), where the project has provided affordable housing
  299  to the elderly for 15 years or more. The corporation shall
  300  establish, by rule, the procedure and criteria for receiving,
  301  evaluating, and competitively ranking all applications for loans
  302  under this paragraph. A loan application must include evidence
  303  of the first mortgagee’s having reviewed and approved the
  304  sponsor’s intent to apply for a loan. A nonprofit organization
  305  or sponsor may not use the proceeds of the loan to pay for
  306  administrative costs, routine maintenance, or new construction.
  307         (e) Persons with special needs, as defined in s.
  308  420.0004(13).
  309         Section 5. Paragraphs (d), (e), (f), and (g) of subsection
  310  (2) of section 163.31771, Florida Statutes, are amended to read:
  311         163.31771 Accessory dwelling units.—
  312         (2) As used in this section, the term:
  313         (d) “Low-income persons” has the same meaning as in s.
  314  420.0004(11)(10).
  315         (e) “Moderate-income persons” has the same meaning as in s.
  316  420.0004(12)(11).
  317         (f) “Very-low-income persons” has the same meaning as in s.
  318  420.0004(17)(15).
  319         (g) “Extremely-low-income persons” has the same meaning as
  320  in s. 420.0004(9)(8).
  321         Section 6. Section 196.1978, Florida Statutes, is amended
  322  to read:
  323         196.1978 Affordable housing property exemption.—Property
  324  used to provide affordable housing serving eligible persons as
  325  defined by s. 159.603(7) and persons meeting income limits
  326  specified in s. 420.0004(9)(8), (11)(10), (12)(11), and
  327  (17)(15), which property is owned entirely by a nonprofit entity
  328  which is qualified as charitable under s. 501(c)(3) of the
  329  Internal Revenue Code and which complies with Rev. Proc. 96-32,
  330  1996-1 C.B. 717, shall be considered property owned by an exempt
  331  entity and used for a charitable purpose, and those portions of
  332  the affordable housing property which provide housing to
  333  individuals with incomes as defined in s. 420.0004(11)(10) and
  334  (17)(15) shall be exempt from ad valorem taxation to the extent
  335  authorized in s. 196.196. All property identified in this
  336  section shall comply with the criteria for determination of
  337  exempt status to be applied by property appraisers on an annual
  338  basis as defined in s. 196.195. The Legislature intends that any
  339  property owned by a limited liability company which is
  340  disregarded as an entity for federal income tax purposes
  341  pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
  342  treated as owned by its sole member.
  343         Section 7. Paragraph (o) of subsection (5) of section
  344  212.08, Florida Statutes, is amended to read:
  345         212.08 Sales, rental, use, consumption, distribution, and
  346  storage tax; specified exemptions.—The sale at retail, the
  347  rental, the use, the consumption, the distribution, and the
  348  storage to be used or consumed in this state of the following
  349  are hereby specifically exempt from the tax imposed by this
  350  chapter.
  351         (5) EXEMPTIONS; ACCOUNT OF USE.—
  352         (o) Building materials in redevelopment projects.—
  353         1. As used in this paragraph, the term:
  354         a. “Building materials” means tangible personal property
  355  that becomes a component part of a housing project or a mixed
  356  use project.
  357         b. “Housing project” means the conversion of an existing
  358  manufacturing or industrial building to housing units in an
  359  urban high-crime area, enterprise zone, empowerment zone, Front
  360  Porch Community, designated brownfield area, or urban infill
  361  area and in which the developer agrees to set aside at least 20
  362  percent of the housing units in the project for low-income and
  363  moderate-income persons or the construction in a designated
  364  brownfield area of affordable housing for persons described in
  365  s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
  366  159.603(7).
  367         c. “Mixed-use project” means the conversion of an existing
  368  manufacturing or industrial building to mixed-use units that
  369  include artists’ studios, art and entertainment services, or
  370  other compatible uses. A mixed-use project must be located in an
  371  urban high-crime area, enterprise zone, empowerment zone, Front
  372  Porch Community, designated brownfield area, or urban infill
  373  area, and the developer must agree to set aside at least 20
  374  percent of the square footage of the project for low-income and
  375  moderate-income housing.
  376         d. “Substantially completed” has the same meaning as
  377  provided in s. 192.042(1).
  378         2. Building materials used in the construction of a housing
  379  project or mixed-use project are exempt from the tax imposed by
  380  this chapter upon an affirmative showing to the satisfaction of
  381  the department that the requirements of this paragraph have been
  382  met. This exemption inures to the owner through a refund of
  383  previously paid taxes. To receive this refund, the owner must
  384  file an application under oath with the department which
  385  includes:
  386         a. The name and address of the owner.
  387         b. The address and assessment roll parcel number of the
  388  project for which a refund is sought.
  389         c. A copy of the building permit issued for the project.
  390         d. A certification by the local building code inspector
  391  that the project is substantially completed.
  392         e. A sworn statement, under penalty of perjury, from the
  393  general contractor licensed in this state with whom the owner
  394  contracted to construct the project, which statement lists the
  395  building materials used in the construction of the project and
  396  the actual cost thereof, and the amount of sales tax paid on
  397  these materials. If a general contractor was not used, the owner
  398  shall provide this information in a sworn statement, under
  399  penalty of perjury. Copies of invoices evidencing payment of
  400  sales tax must be attached to the sworn statement.
  401         3. An application for a refund under this paragraph must be
  402  submitted to the department within 6 months after the date the
  403  project is deemed to be substantially completed by the local
  404  building code inspector. Within 30 working days after receipt of
  405  the application, the department shall determine if it meets the
  406  requirements of this paragraph. A refund approved pursuant to
  407  this paragraph shall be made within 30 days after formal
  408  approval of the application by the department.
  409         4. The department shall establish by rule an application
  410  form and criteria for establishing eligibility for exemption
  411  under this paragraph.
  412         5. The exemption shall apply to purchases of materials on
  413  or after July 1, 2000.
  414         Section 8. Paragraphs (a) and (g) of subsection (2) of
  415  section 215.5586, Florida Statutes, are amended to read:
  416         215.5586 My Safe Florida Home Program.—There is established
  417  within the Department of Financial Services the My Safe Florida
  418  Home Program. The department shall provide fiscal
  419  accountability, contract management, and strategic leadership
  420  for the program, consistent with this section. This section does
  421  not create an entitlement for property owners or obligate the
  422  state in any way to fund the inspection or retrofitting of
  423  residential property in this state. Implementation of this
  424  program is subject to annual legislative appropriations. It is
  425  the intent of the Legislature that the My Safe Florida Home
  426  Program provide inspections for at least 400,000 site-built,
  427  single-family, residential properties and provide grants to at
  428  least 35,000 applicants before June 30, 2009. The program shall
  429  develop and implement a comprehensive and coordinated approach
  430  for hurricane damage mitigation that shall include the
  431  following:
  432         (2) MITIGATION GRANTS.—Financial grants shall be used to
  433  encourage single-family, site-built, owner-occupied, residential
  434  property owners to retrofit their properties to make them less
  435  vulnerable to hurricane damage.
  436         (a) To be eligible for a grant for persons who have
  437  obtained a completed inspection after May 1, 2007, a residential
  438  property must:
  439         1. Have been granted a homestead exemption under chapter
  440  196.
  441         2. Be a dwelling with an insured value of $300,000 or less.
  442  Homeowners who are low-income persons, as defined in s.
  443  420.0004(11)(10), are exempt from this requirement.
  444         3. Have undergone an acceptable hurricane mitigation
  445  inspection.
  446         4. Be located in the “wind-borne debris region” as that
  447  term is defined in s. 1609.2, International Building Code
  448  (2006).
  449         5. Be a home for which the building permit application for
  450  initial construction was made before March 1, 2002.
  451  
  452  An application for a grant must contain a signed or
  453  electronically verified statement made under penalty of perjury
  454  that the applicant has submitted only a single application and
  455  must have attached documents demonstrating the applicant meets
  456  the requirements of this paragraph.
  457         (g) Low-income homeowners, as defined in s.
  458  420.0004(11)(10), who otherwise meet the requirements of
  459  paragraphs (a), (c), (e), and (f) are eligible for a grant of up
  460  to $5,000 and are not required to provide a matching amount to
  461  receive the grant. Additionally, for low-income homeowners,
  462  grant funding may be used for repair to existing structures
  463  leading to any of the mitigation improvements provided in
  464  paragraph (e), limited to 20 percent of the grant value. The
  465  program may accept a certification directly from a low-income
  466  homeowner that the homeowner meets the requirements of s.
  467  420.0004(11)(10) if the homeowner provides such certification in
  468  a signed or electronically verified statement made under penalty
  469  of perjury.
  470         Section 9. Subsection (46) of section 420.507, Florida
  471  Statutes, is amended to read:
  472         420.507 Powers of the corporation.—The corporation shall
  473  have all the powers necessary or convenient to carry out and
  474  effectuate the purposes and provisions of this part, including
  475  the following powers which are in addition to all other powers
  476  granted by other provisions of this part:
  477         (46) To require, as a condition of financing a multifamily
  478  rental project, that an agreement be recorded in the official
  479  records of the county where the real property is located, which
  480  requires that the project be used for housing defined as
  481  affordable in s. 420.0004(3) by persons defined in s.
  482  420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
  483  agreement is a state land use regulation that limits the highest
  484  and best use of the property within the meaning of s.
  485  193.011(2).
  486         Section 10. This act shall take effect July 1, 2009.