Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 360, 1st Eng.
       
       
       
       
       
       
                                Barcode 478902                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 7/AD/RM         .                                
             05/01/2009 06:28 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bennett moved the following:
       
    1         Senate Amendment to House Amendment (839199) (with title
    2  amendment)
    3  
    4         Between lines 1201 and 1202
    5  insert:
    6         Section 16. Subsection (4) of section 159.807, Florida
    7  Statutes, is amended to read:
    8         159.807 State allocation pool.—
    9         (4)(a) The state allocation pool shall also be used to
   10  provide written confirmations for private activity bonds that
   11  are to be issued by state agencies, which bonds, notwithstanding
   12  any other provisions of this part, shall receive priority in the
   13  use of the pool available at the time the notice of intent to
   14  issue such bonds is filed with the division.
   15         (b) Notwithstanding the provisions of paragraph (a), on or
   16  before November 15 of each year, the Florida Housing Finance
   17  Corporation’s access to the state allocation pool is limited to
   18  the amount of the corporation’s initial allocation under s.
   19  159.804. Thereafter, the corporation may not receive more than
   20  80 percent of the amount in the state allocation pool on
   21  November 16 of each year, and may not receive more than 80
   22  percent of any additional amounts that become available during
   23  each year. The limitations of this paragraph do not apply to the
   24  distribution of the unused allocation of the state volume
   25  limitation to the Florida Housing Finance Corporation under s.
   26  159.81(2)(b), (c), and (d). This subsection does not apply to
   27  the Florida Housing Finance Corporation:
   28         1.Until its allocation pursuant to s. 159.804(3) has been
   29  exhausted, is unavailable, or is inadequate to provide an
   30  allocation pursuant to s. 159.804(3) and any carryforwards of
   31  volume limitation from prior years for the same carryforward
   32  purpose, as that term is defined in s. 146 of the Code, as the
   33  bonds it intends to issue have been completely utilized or have
   34  expired.
   35         2.Prior to July 1 of any year, when housing bonds for
   36  which the Florida Housing Finance Corporation has made an
   37  assignment of its allocation permitted by s. 159.804(3)(c) have
   38  not been issued.
   39         Section 17. Section 193.018, Florida Statutes, is created
   40  to read:
   41         193.018Land owned by a community land trust used to
   42  provide affordable housing; assessment; structural improvements,
   43  condominium parcels, and cooperative parcels.—
   44         (1)As used in this section, the term “community land
   45  trust” means a nonprofit entity that is qualified as charitable
   46  under s. 501(c)(3) of the Internal Revenue Code and has as one
   47  of its purposes the acquisition of land to be held in perpetuity
   48  for the primary purpose of providing affordable homeownership.
   49         (2)A community land trust may convey structural
   50  improvements, condominium parcels, or cooperative parcels, that
   51  are located on specific parcels of land that are identified by a
   52  legal description contained in and subject to a ground lease
   53  having a term of at least 99 years, for the purpose of providing
   54  affordable housing to natural persons or families who meet the
   55  extremely-low-income, very-low-income, low-income, or moderate
   56  income limits specified in s. 420.0004, or the income limits for
   57  workforce housing, as defined in s. 420.5095(3). A community
   58  land trust shall retain a preemptive option to purchase any
   59  structural improvements, condominium parcels, or cooperative
   60  parcels on the land at a price determined by a formula specified
   61  in the ground lease which is designed to ensure that the
   62  structural improvements, condominium parcels, or cooperative
   63  parcels remain affordable.
   64         (3)In arriving at just valuation under s. 193.011, a
   65  structural improvement, condominium parcel, or cooperative
   66  parcel providing affordable housing on land owned by a community
   67  land trust, and the land owned by a community land trust that is
   68  subject to a 99-year or longer ground lease, shall be assessed
   69  using the following criteria:
   70         (a)The amount a willing purchaser would pay a willing
   71  seller for the land is limited to an amount commensurate with
   72  the terms of the ground lease that restricts the use of the land
   73  to the provision of affordable housing in perpetuity.
   74         (b)The amount a willing purchaser would pay a willing
   75  seller for resale-restricted improvements, condominium parcels,
   76  or cooperative parcels is limited to the amount determined by
   77  the formula in the ground lease.
   78         (c)If the ground lease and all amendments and supplements
   79  thereto, or a memorandum documenting how such lease and
   80  amendments or supplements restrict the price at which the
   81  improvements, condominium parcels, or cooperative parcels may be
   82  sold, is recorded in the official public records of the county
   83  in which the leased land is located, the recorded lease and any
   84  amendments and supplements, or the recorded memorandum, shall be
   85  deemed a land use regulation during the term of the lease as
   86  amended or supplemented.
   87         Section 18. Subsection (5) is added to section 196.196,
   88  Florida Statutes, to read:
   89         196.196 Determining whether property is entitled to
   90  charitable, religious, scientific, or literary exemption.—
   91         (5)(a)Property owned by an exempt organization qualified
   92  as charitable under s. 501(c)(3) of the Internal Revenue Code is
   93  used for a charitable purpose if the organization has taken
   94  affirmative steps to prepare the property to provide affordable
   95  housing to persons or families that meet the extremely-low
   96  income, very-low-income, low-income, or moderate-income limits,
   97  as specified in s. 420.0004. The term “affirmative steps” means
   98  environmental or land use permitting activities, creation of
   99  architectural plans or schematic drawings, land clearing or site
  100  preparation, construction or renovation activities, or other
  101  similar activities that demonstrate a commitment of the property
  102  to providing affordable housing.
  103         (b)1.If property owned by an organization granted an
  104  exemption under this subsection is transferred for a purpose
  105  other than directly providing affordable homeownership or rental
  106  housing to persons or families who meet the extremely-low
  107  income, very-low-income, low-income, or moderate-income limits,
  108  as specified in s. 420.0004, or is not in actual use to provide
  109  such affordable housing within 5 years after the date the
  110  organization is granted the exemption, the property appraiser
  111  making such determination shall serve upon the organization that
  112  illegally or improperly received the exemption a notice of
  113  intent to record in the public records of the county a notice of
  114  tax lien against any property owned by that organization in the
  115  county, and such property shall be identified in the notice of
  116  tax lien. The organization owning such property is subject to
  117  the taxes otherwise due and owing as a result of the failure to
  118  use the property to provide affordable housing plus 15 percent
  119  interest per annum and a penalty of 50 percent of the taxes
  120  owed.
  121         2.Such lien, when filed, attaches to any property
  122  identified in the notice of tax lien owned by the organization
  123  that illegally or improperly received the exemption. If such
  124  organization no longer owns property in the county but owns
  125  property in any other county in the state, the property
  126  appraiser shall record in each such other county a notice of tax
  127  lien identifying the property owned by such organization in such
  128  county which shall become a lien against the identified
  129  property. Before any such lien may be filed, the organization so
  130  notified must be given 30 days to pay the taxes, penalties, and
  131  interest.
  132         3.If an exemption is improperly granted as a result of a
  133  clerical mistake or an omission by the property appraiser, the
  134  organization improperly receiving the exemption shall not be
  135  assessed a penalty or interest.
  136         4.The 5-year limitation specified in this subsection may
  137  be extended if the holder of the exemption continues to take
  138  affirmative steps to develop the property for the purposes
  139  specified in this subsection.
  140         Section 19. Section 196.1978, Florida Statutes, is amended
  141  to read:
  142         196.1978 Affordable housing property exemption.—Property
  143  used to provide affordable housing serving eligible persons as
  144  defined by s. 159.603(7) and natural persons or families meeting
  145  the extremely-low-income, very-low-income, low-income, or
  146  moderate-income persons meeting income limits specified in s.
  147  420.0004 s. 420.0004(8), (10), (11), and (15), which property is
  148  owned entirely by a nonprofit entity that is a corporation not
  149  for profit, qualified as charitable under s. 501(c)(3) of the
  150  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
  151  1996-1 C.B. 717, or a Florida-based limited partnership, the
  152  sole general partner of which is a corporation not for profit
  153  which is qualified as charitable under s. 501(c)(3) of the
  154  Internal Revenue Code and which complies with Rev. Proc. 96-32,
  155  1996-1 C.B. 717, shall be considered property owned by an exempt
  156  entity and used for a charitable purpose, and those portions of
  157  the affordable housing property which provide housing to natural
  158  persons or families classified as extremely low income, very low
  159  income, low income, or moderate income under s. 420.0004
  160  individuals with incomes as defined in s. 420.0004(10) and (15)
  161  shall be exempt from ad valorem taxation to the extent
  162  authorized in s. 196.196. All property identified in this
  163  section shall comply with the criteria for determination of
  164  exempt status to be applied by property appraisers on an annual
  165  basis as defined in s. 196.195. The Legislature intends that any
  166  property owned by a limited liability company or limited
  167  partnership which is disregarded as an entity for federal income
  168  tax purposes pursuant to Treasury Regulation 301.7701
  169  3(b)(1)(ii) shall be treated as owned by its sole member or sole
  170  general partner.
  171         Section 20. Paragraph (d) of subsection (2) of section
  172  212.055, Florida Statutes, is amended to read:
  173         212.055 Discretionary sales surtaxes; legislative intent;
  174  authorization and use of proceeds.—It is the legislative intent
  175  that any authorization for imposition of a discretionary sales
  176  surtax shall be published in the Florida Statutes as a
  177  subsection of this section, irrespective of the duration of the
  178  levy. Each enactment shall specify the types of counties
  179  authorized to levy; the rate or rates which may be imposed; the
  180  maximum length of time the surtax may be imposed, if any; the
  181  procedure which must be followed to secure voter approval, if
  182  required; the purpose for which the proceeds may be expended;
  183  and such other requirements as the Legislature may provide.
  184  Taxable transactions and administrative procedures shall be as
  185  provided in s. 212.054.
  186         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  187         (d)1. The proceeds of the surtax authorized by this
  188  subsection and any accrued interest accrued thereto shall be
  189  expended by the school district, or within the county and
  190  municipalities within the county, or, in the case of a
  191  negotiated joint county agreement, within another county, to
  192  finance, plan, and construct infrastructure; and to acquire land
  193  for public recreation, or conservation, or protection of natural
  194  resources; or and to finance the closure of county-owned or
  195  municipally owned solid waste landfills that have been are
  196  already closed or are required to be closed close by order of
  197  the Department of Environmental Protection. Any use of the such
  198  proceeds or interest for purposes of landfill closure before
  199  prior to July 1, 1993, is ratified. Neither The proceeds and nor
  200  any interest may not accrued thereto shall be used for the
  201  operational expenses of any infrastructure, except that a any
  202  county that has with a population of fewer less than 75,000 and
  203  that is required to close a landfill by order of the Department
  204  of Environmental Protection may use the proceeds or any interest
  205  accrued thereto for long-term maintenance costs associated with
  206  landfill closure. Counties, as defined in s. 125.011 s.
  207  125.011(1), and charter counties may, in addition, use the
  208  proceeds or and any interest accrued thereto to retire or
  209  service indebtedness incurred for bonds issued before prior to
  210  July 1, 1987, for infrastructure purposes, and for bonds
  211  subsequently issued to refund such bonds. Any use of the such
  212  proceeds or interest for purposes of retiring or servicing
  213  indebtedness incurred for such refunding bonds before prior to
  214  July 1, 1999, is ratified.
  215         1.2. For the purposes of this paragraph, the term
  216  “infrastructure” means:
  217         a. Any fixed capital expenditure or fixed capital outlay
  218  associated with the construction, reconstruction, or improvement
  219  of public facilities that have a life expectancy of 5 or more
  220  years and any related land acquisition, land improvement,
  221  design, and engineering costs related thereto.
  222         b. A fire department vehicle, an emergency medical service
  223  vehicle, a sheriff’s office vehicle, a police department
  224  vehicle, or any other vehicle, and the such equipment necessary
  225  to outfit the vehicle for its official use or equipment that has
  226  a life expectancy of at least 5 years.
  227         c. Any expenditure for the construction, lease, or
  228  maintenance of, or provision of utilities or security for,
  229  facilities, as defined in s. 29.008.
  230         d. Any fixed capital expenditure or fixed capital outlay
  231  associated with the improvement of private facilities that have
  232  a life expectancy of 5 or more years and that the owner agrees
  233  to make available for use on a temporary basis as needed by a
  234  local government as a public emergency shelter or a staging area
  235  for emergency response equipment during an emergency officially
  236  declared by the state or by the local government under s.
  237  252.38. Such improvements under this sub-subparagraph are
  238  limited to those necessary to comply with current standards for
  239  public emergency evacuation shelters. The owner must shall enter
  240  into a written contract with the local government providing the
  241  improvement funding to make the such private facility available
  242  to the public for purposes of emergency shelter at no cost to
  243  the local government for a minimum period of 10 years after
  244  completion of the improvement, with the provision that the such
  245  obligation will transfer to any subsequent owner until the end
  246  of the minimum period.
  247         e.Any land-acquisition expenditure for a residential
  248  housing project in which at least 30 percent of the units are
  249  affordable to individuals or families whose total annual
  250  household income does not exceed 120 percent of the area median
  251  income adjusted for household size, if the land is owned by a
  252  local government or by a special district that enters into a
  253  written agreement with the local government to provide such
  254  housing. The local government or special district may enter into
  255  a ground lease with a public or private person or entity for
  256  nominal or other consideration for the construction of the
  257  residential housing project on land acquired pursuant to this
  258  sub-subparagraph.
  259         2.3. Notwithstanding any other provision of this
  260  subsection, a local government infrastructure discretionary
  261  sales surtax imposed or extended after July 1, 1998, the
  262  effective date of this act may allocate up to provide for an
  263  amount not to exceed 15 percent of the local option sales surtax
  264  proceeds to be allocated for deposit in to a trust fund within
  265  the county’s accounts created for the purpose of funding
  266  economic development projects having of a general public purpose
  267  of improving targeted to improve local economies, including the
  268  funding of operational costs and incentives related to such
  269  economic development. The ballot statement must indicate the
  270  intention to make an allocation under the authority of this
  271  subparagraph.
  272         Section 21. Subsection (2) of section 163.3202, Florida
  273  Statutes, is amended to read:
  274         163.3202 Land development regulations.—
  275         (2) Local land development regulations shall contain
  276  specific and detailed provisions necessary or desirable to
  277  implement the adopted comprehensive plan and shall as a minimum:
  278         (a) Regulate the subdivision of land.;
  279         (b) Regulate the use of land and water for those land use
  280  categories included in the land use element and ensure the
  281  compatibility of adjacent uses and provide for open space.;
  282         (c) Provide for protection of potable water wellfields.;
  283         (d) Regulate areas subject to seasonal and periodic
  284  flooding and provide for drainage and stormwater management.;
  285         (e) Ensure the protection of environmentally sensitive
  286  lands designated in the comprehensive plan.;
  287         (f) Regulate signage.;
  288         (g) Provide that public facilities and services meet or
  289  exceed the standards established in the capital improvements
  290  element required by s. 163.3177 and are available when needed
  291  for the development, or that development orders and permits are
  292  conditioned on the availability of these public facilities and
  293  services necessary to serve the proposed development. Not later
  294  than 1 year after its due date established by the state land
  295  planning agency’s rule for submission of local comprehensive
  296  plans pursuant to s. 163.3167(2), a local government shall not
  297  issue a development order or permit which results in a reduction
  298  in the level of services for the affected public facilities
  299  below the level of services provided in the comprehensive plan
  300  of the local government.
  301         (h) Ensure safe and convenient onsite traffic flow,
  302  considering needed vehicle parking.
  303         (i)Maintain the existing density of residential properties
  304  or recreational vehicle parks if the properties are intended for
  305  residential use and are located in the unincorporated areas that
  306  have sufficient infrastructure, as determined by a local
  307  governing authority, and are not located within a coastal high
  308  hazard area under s. 163.3178.
  309         Section 22. Present subsections (25) through (41) of
  310  section 420.503, Florida Statutes, are redesignated as
  311  subsections (26) through (42), respectively, and a new
  312  subsection (25) is added to that section to read:
  313         420.503 Definitions.—As used in this part, the term:
  314         (25)“Moderate rehabilitation” means repair or restoration
  315  of a dwelling unit when the value of such repair or restoration
  316  is 40 percent or less of the value of the dwelling unit but not
  317  less than $10,000.
  318         Section 23. Subsection (47) is added to section 420.507,
  319  Florida Statutes, to read:
  320         420.507 Powers of the corporation.—The corporation shall
  321  have all the powers necessary or convenient to carry out and
  322  effectuate the purposes and provisions of this part, including
  323  the following powers which are in addition to all other powers
  324  granted by other provisions of this part:
  325         (47)To provide by rule in connection with any corporation
  326  competitive program, criteria establishing a preference for
  327  developers and general contractors domiciled in this state and
  328  for developers and general contractors, regardless of domicile,
  329  who have substantial experience in developing or building
  330  affordable housing through the corporation’s programs.
  331         (a)In evaluating whether a developer or general contractor
  332  is domiciled in this state, the corporation shall consider
  333  whether the developer’s or general contractor’s principal office
  334  is located in this state and whether a majority of the
  335  developer’s or general contractor’s principals and financial
  336  beneficiaries reside in Florida.
  337         (b)In evaluating whether a developer or general contractor
  338  has substantial experience, the corporation shall consider
  339  whether the developer or general contractor has completed at
  340  least five developments using funds either provided by or
  341  administered by the corporation.
  342         Section 24. Paragraphs (c) and (l) of subsection (6) of
  343  section 420.5087, Florida Statutes, are amended to read:
  344         420.5087 State Apartment Incentive Loan Program.—There is
  345  hereby created the State Apartment Incentive Loan Program for
  346  the purpose of providing first, second, or other subordinated
  347  mortgage loans or loan guarantees to sponsors, including for
  348  profit, nonprofit, and public entities, to provide housing
  349  affordable to very-low-income persons.
  350         (6) On all state apartment incentive loans, except loans
  351  made to housing communities for the elderly to provide for
  352  lifesafety, building preservation, health, sanitation, or
  353  security-related repairs or improvements, the following
  354  provisions shall apply:
  355         (c) The corporation shall provide by rule for the
  356  establishment of a review committee composed of the department
  357  and corporation staff and shall establish by rule a scoring
  358  system for evaluation and competitive ranking of applications
  359  submitted in this program, including, but not limited to, the
  360  following criteria:
  361         1. Tenant income and demographic targeting objectives of
  362  the corporation.
  363         2. Targeting objectives of the corporation which will
  364  ensure an equitable distribution of loans between rural and
  365  urban areas.
  366         3. Sponsor’s agreement to reserve the units for persons or
  367  families who have incomes below 50 percent of the state or local
  368  median income, whichever is higher, for a time period to exceed
  369  the minimum required by federal law or the provisions of this
  370  part.
  371         4. Sponsor’s agreement to reserve more than:
  372         a. Twenty percent of the units in the project for persons
  373  or families who have incomes that do not exceed 50 percent of
  374  the state or local median income, whichever is higher; or
  375         b. Forty percent of the units in the project for persons or
  376  families who have incomes that do not exceed 60 percent of the
  377  state or local median income, whichever is higher, without
  378  requiring a greater amount of the loans as provided in this
  379  section.
  380         5. Provision for tenant counseling.
  381         6. Sponsor’s agreement to accept rental assistance
  382  certificates or vouchers as payment for rent.
  383         7. Projects requiring the least amount of a state apartment
  384  incentive loan compared to overall project cost except that the
  385  share of the loan attributable to units serving extremely-low
  386  income persons shall be excluded from this requirement.
  387         8. Local government contributions and local government
  388  comprehensive planning and activities that promote affordable
  389  housing.
  390         9. Project feasibility.
  391         10. Economic viability of the project.
  392         11. Commitment of first mortgage financing.
  393         12. Sponsor’s prior experience, including whether the
  394  developer and general contractor have substantial experience, as
  395  provided in s. 420.507(47).
  396         13. Sponsor’s ability to proceed with construction.
  397         14. Projects that directly implement or assist welfare-to
  398  work transitioning.
  399         15. Projects that reserve units for extremely-low-income
  400  persons.
  401         16.Projects that include green building principles, storm
  402  resistant construction, or other elements that reduce long-term
  403  costs relating to maintenance, utilities, or insurance.
  404         17.Domicile of the developer and general contractor, as
  405  provided in s. 420.507(47).
  406         (l) The proceeds of all loans shall be used for new
  407  construction, moderate rehabilitation, or substantial
  408  rehabilitation which creates or preserves affordable, safe, and
  409  sanitary housing units.
  410         Section 25. Subsection (5) of section 420.622, Florida
  411  Statutes, is amended to read:
  412         420.622 State Office on Homelessness; Council on
  413  Homelessness.—
  414         (5) The State Office on Homelessness, with the concurrence
  415  of the Council on Homelessness, may administer moneys
  416  appropriated to it to provide homeless housing assistance grants
  417  annually to lead agencies for local homeless assistance
  418  continuum of care, as recognized by the State Office on
  419  Homelessness, to acquire, construct, or rehabilitate
  420  transitional or permanent housing units for homeless persons.
  421  These moneys shall consist of any sums that the state may
  422  appropriate, as well as money received from donations, gifts,
  423  bequests, or otherwise from any public or private source, which
  424  are money is intended to acquire, construct, or rehabilitate
  425  transitional or permanent housing units for homeless persons.
  426         (a) Grant applicants shall be ranked competitively.
  427  Preference must be given to applicants who leverage additional
  428  private funds and public funds, particularly federal funds
  429  designated for the acquisition, construction, or and
  430  rehabilitation of transitional or permanent housing for homeless
  431  persons;, who acquire, build, or rehabilitate the greatest
  432  number of units;, and who acquire, build, or rehabilitate in
  433  catchment areas having the greatest need for housing for the
  434  homeless relative to the population of the catchment area.
  435         (b) Funding for any particular project may not exceed
  436  $750,000.
  437         (c) Projects must reserve, for a minimum of 10 years, the
  438  number of units acquired, constructed, or rehabilitated through
  439  homeless housing assistance grant funding to serve persons who
  440  are homeless at the time they assume tenancy.
  441         (d) No more than two grants may be awarded annually in any
  442  given local homeless assistance continuum of care catchment
  443  area.
  444         (e) A project may not be funded which is not included in
  445  the local homeless assistance continuum of care plan, as
  446  recognized by the State Office on Homelessness, for the
  447  catchment area in which the project is located.
  448         (f) The maximum percentage of funds that the State Office
  449  on Homelessness and each applicant may spend on administrative
  450  costs is 5 percent.
  451         Section 26. Section 420.628, Florida Statutes, is created
  452  to read:
  453         420.628Affordable housing for children and young adults
  454  leaving foster care; legislative findings and intent.—
  455         (1)(a)The Legislature finds that there are many young
  456  adults who, through no fault of their own, live in foster
  457  families, group homes, and institutions, and face numerous
  458  barriers to a successful transition to adulthood. Young adults
  459  who are leaving the child welfare system may enter adulthood
  460  lacking the knowledge, skills, attitudes, habits, and
  461  relationships that will enable them to become productive members
  462  of society.
  463         (b)The Legislature further finds that the main barriers to
  464  safe and affordable housing for such young adults are cost, lack
  465  of availability, the unwillingness of landlords to rent to such
  466  youth due to perceived regulatory barriers, and a lack of
  467  knowledge about how to be a good tenant. These barriers cause
  468  young adults to be at risk of becoming homeless.
  469         (c)The Legislature also finds that young adults who leave
  470  the child welfare system are disproportionately represented in
  471  the homeless population. Without the stability of safe and
  472  affordable housing, all other services, training, and
  473  opportunities provided to such young adults may not be
  474  effective. Making affordable housing available will decrease the
  475  chance of homelessness and may increase the ability of such
  476  young adults to live independently.
  477         (d)The Legislature intends that the Florida Housing
  478  Finance Corporation, agencies within the State Housing
  479  Initiative Partnership Program, local housing finance agencies,
  480  public housing authorities, and their agents, and other
  481  providers of affordable housing coordinate with the Department
  482  of Children and Family Services, their agents, and community
  483  based care providers who provide services under s. 409.1671 to
  484  develop and implement strategies and procedures designed to make
  485  affordable housing available whenever and wherever possible to
  486  young adults who leave the child welfare system.
  487         (2)Young adults who leave the child welfare system meet
  488  the definition of eligible persons under ss. 420.503(7) and
  489  420.907(10) for affordable housing, and are encouraged to
  490  participate in federal, state, and local affordable housing
  491  programs. Students deemed to be eligible occupants under 26
  492  U.S.C. 42(i)(3)(d) shall be considered eligible persons for
  493  purposes of all projects funded under this chapter.
  494         Section 27. Subsections (4), (8), (16), and (25) of section
  495  420.9071, Florida Statutes, are amended, and subsections (29)
  496  and (30) are added to that section, to read:
  497         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  498  term:
  499         (4) “Annual gross income” means annual income as defined
  500  under the Section 8 housing assistance payments programs in 24
  501  C.F.R. part 5; annual income as reported under the census long
  502  form for the recent available decennial census; or adjusted
  503  gross income as defined for purposes of reporting under Internal
  504  Revenue Service Form 1040 for individual federal annual income
  505  tax purposes or as defined by standard practices used in the
  506  lending industry as detailed in the local housing assistance
  507  plan and approved by the corporation. Counties and eligible
  508  municipalities shall calculate income by annualizing verified
  509  sources of income for the household as the amount of income to
  510  be received in a household during the 12 months following the
  511  effective date of the determination.
  512         (8) “Eligible housing” means any real and personal property
  513  located within the county or the eligible municipality which is
  514  designed and intended for the primary purpose of providing
  515  decent, safe, and sanitary residential units that are designed
  516  to meet the standards of the Florida Building Code or previous
  517  building codes adopted under chapter 553, or manufactured
  518  housing constructed after June 1994 and installed in accordance
  519  with the installation standards for mobile or manufactured homes
  520  contained in rules of the Department of Highway Safety and Motor
  521  Vehicles, for home ownership or rental for eligible persons as
  522  designated by each county or eligible municipality participating
  523  in the State Housing Initiatives Partnership Program.
  524         (16) “Local housing incentive strategies” means local
  525  regulatory reform or incentive programs to encourage or
  526  facilitate affordable housing production, which include at a
  527  minimum, assurance that permits as defined in s. 163.3164(7) and
  528  (8) for affordable housing projects are expedited to a greater
  529  degree than other projects; an ongoing process for review of
  530  local policies, ordinances, regulations, and plan provisions
  531  that increase the cost of housing prior to their adoption; and a
  532  schedule for implementing the incentive strategies. Local
  533  housing incentive strategies may also include other regulatory
  534  reforms, such as those enumerated in s. 420.9076 or those
  535  recommended by the affordable housing advisory committee in its
  536  triennial evaluation of the implementation of affordable housing
  537  incentives, and adopted by the local governing body.
  538         (25) “Recaptured funds” means funds that are recouped by a
  539  county or eligible municipality in accordance with the recapture
  540  provisions of its local housing assistance plan pursuant to s.
  541  420.9075(5)(h)(g) from eligible persons or eligible sponsors,
  542  which funds were not used for assistance to an eligible
  543  household for an eligible activity, when there is a who default
  544  on the terms of a grant award or loan award.
  545         (29)“Assisted housing” or “assisted housing development”
  546  means a rental housing development, including rental housing in
  547  a mixed-use development, that received or currently receives
  548  funding from any federal or state housing program.
  549         (30)“Preservation” means actions taken to keep rents in
  550  existing assisted housing affordable for extremely-low-income,
  551  very-low-income, low-income, and moderate-income households
  552  while ensuring that the property stays in good physical and
  553  financial condition for an extended period.
  554         Section 28. Subsections (6) and (7) of section 420.9072,
  555  Florida Statutes, are amended to read:
  556         420.9072 State Housing Initiatives Partnership Program.—The
  557  State Housing Initiatives Partnership Program is created for the
  558  purpose of providing funds to counties and eligible
  559  municipalities as an incentive for the creation of local housing
  560  partnerships, to expand production of and preserve affordable
  561  housing, to further the housing element of the local government
  562  comprehensive plan specific to affordable housing, and to
  563  increase housing-related employment.
  564         (6) The moneys that otherwise would be distributed pursuant
  565  to s. 420.9073 to a local government that does not meet the
  566  program’s requirements for receipts of such distributions shall
  567  remain in the Local Government Housing Trust Fund to be
  568  administered by the corporation pursuant to s. 420.9078.
  569         (7) A county or an eligible municipality must expend its
  570  portion of the local housing distribution only to implement a
  571  local housing assistance plan or as provided in this subsection.
  572         (a) A county or an eligible municipality may not expend its
  573  portion of the local housing distribution to provide rent
  574  subsidies; however, this does not prohibit the use of funds for
  575  security and utility deposit assistance.
  576         (b)A county or an eligible municipality may expend a
  577  portion of the local housing distribution to provide a one-time
  578  relocation grant to persons who meet the income requirements of
  579  the State Housing Initiatives Partnership Program and who are
  580  subject to eviction from rental property located in the county
  581  or eligible municipality due to the foreclosure of the rental
  582  property. In order to receive a grant under this paragraph, a
  583  person must provide the county or eligible municipality with
  584  proof of meeting the income requirements of a very-low-income
  585  household, a low-income household, or a moderate-income
  586  household; a notice of eviction; and proof that the rent has
  587  been paid for at least 3 months before the date of eviction,
  588  including the month that the notice of eviction was served.
  589  Relocation assistance under this paragraph is limited to a one
  590  time grant of not more than $5,000 and is not limited to persons
  591  who are subject to eviction from projects funded under the State
  592  Housing Initiatives Partnership Program. This paragraph expires
  593  July 1, 2010.
  594         Section 29. Subsections (1) and (2) of section 420.9073,
  595  Florida Statutes, are amended, and subsections (5), (6), and (7)
  596  are added to that section, to read:
  597         420.9073 Local housing distributions.—
  598         (1) Distributions calculated in this section shall be
  599  disbursed on a quarterly or more frequent monthly basis by the
  600  corporation beginning the first day of the month after program
  601  approval pursuant to s. 420.9072, subject to availability of
  602  funds. Each county’s share of the funds to be distributed from
  603  the portion of the funds in the Local Government Housing Trust
  604  Fund received pursuant to s. 201.15(9) shall be calculated by
  605  the corporation for each fiscal year as follows:
  606         (a) Each county other than a county that has implemented
  607  the provisions of chapter 83-220, Laws of Florida, as amended by
  608  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  609  receive the guaranteed amount for each fiscal year.
  610         (b) Each county other than a county that has implemented
  611  the provisions of chapter 83-220, Laws of Florida, as amended by
  612  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  613  receive an additional share calculated as follows:
  614         1. Multiply each county’s percentage of the total state
  615  population excluding the population of any county that has
  616  implemented the provisions of chapter 83-220, Laws of Florida,
  617  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  618  Florida, by the total funds to be distributed.
  619         2. If the result in subparagraph 1. is less than the
  620  guaranteed amount as determined in subsection (3), that county’s
  621  additional share shall be zero.
  622         3. For each county in which the result in subparagraph 1.
  623  is greater than the guaranteed amount as determined in
  624  subsection (3), the amount calculated in subparagraph 1. shall
  625  be reduced by the guaranteed amount. The result for each such
  626  county shall be expressed as a percentage of the amounts so
  627  determined for all counties. Each such county shall receive an
  628  additional share equal to such percentage multiplied by the
  629  total funds received by the Local Government Housing Trust Fund
  630  pursuant to s. 201.15(9) reduced by the guaranteed amount paid
  631  to all counties.
  632         (2) Effective July 1, 1995, Distributions calculated in
  633  this section shall be disbursed on a quarterly or more frequent
  634  monthly basis by the corporation beginning the first day of the
  635  month after program approval pursuant to s. 420.9072, subject to
  636  availability of funds. Each county’s share of the funds to be
  637  distributed from the portion of the funds in the Local
  638  Government Housing Trust Fund received pursuant to s. 201.15(10)
  639  shall be calculated by the corporation for each fiscal year as
  640  follows:
  641         (a) Each county shall receive the guaranteed amount for
  642  each fiscal year.
  643         (b) Each county may receive an additional share calculated
  644  as follows:
  645         1. Multiply each county’s percentage of the total state
  646  population, by the total funds to be distributed.
  647         2. If the result in subparagraph 1. is less than the
  648  guaranteed amount as determined in subsection (3), that county’s
  649  additional share shall be zero.
  650         3. For each county in which the result in subparagraph 1.
  651  is greater than the guaranteed amount, the amount calculated in
  652  subparagraph 1. shall be reduced by the guaranteed amount. The
  653  result for each such county shall be expressed as a percentage
  654  of the amounts so determined for all counties. Each such county
  655  shall receive an additional share equal to this percentage
  656  multiplied by the total funds received by the Local Government
  657  Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
  658  guaranteed amount paid to all counties.
  659         (5)Notwithstanding subsections (1)-(4), the corporation
  660  may withhold up to $5 million of the total amount distributed
  661  each fiscal year from the Local Government Housing Trust Fund to
  662  provide additional funding to counties and eligible
  663  municipalities where a state of emergency has been declared by
  664  the Governor pursuant to chapter 252. Any portion of the
  665  withheld funds not distributed by the end of the fiscal year
  666  shall be distributed as provided in subsections (1) and (2).
  667         (6)Notwithstanding subsections (1)-(4), the corporation
  668  may withhold up to $5 million from the total amount distributed
  669  each fiscal year from the Local Government Housing Trust Fund to
  670  provide funding to counties and eligible municipalities to
  671  purchase properties subject to a State Housing Initiative
  672  Partnership Program lien and on which foreclosure proceedings
  673  have been initiated by any mortgagee. Each county and eligible
  674  municipality that receives funds under this subsection shall
  675  repay such funds to the corporation not later than the
  676  expenditure deadline for the fiscal year in which the funds were
  677  awarded. Amounts not repaid shall be withheld from the
  678  subsequent year’s distribution. Any portion of such funds not
  679  distributed under this subsection by the end of the fiscal year
  680  shall be distributed as provided in subsections (1) and (2).
  681         (7)A county receiving local housing distributions under
  682  this section or an eligible municipality that receives local
  683  housing distributions under an interlocal agreement shall expend
  684  those funds in accordance with the provisions of ss. 420.907
  685  420.9079, rules of the corporation, and the county’s local
  686  housing assistance plan.
  687         Section 30. Subsections (1), (3), (5), and (8), paragraphs
  688  (a) and (h) of subsection (10), and paragraph (b) of subsection
  689  (13) of section 420.9075, Florida Statutes, are amended, and
  690  subsection (14) is added to that section, to read:
  691         420.9075 Local housing assistance plans; partnerships.—
  692         (1)(a) Each county or eligible municipality participating
  693  in the State Housing Initiatives Partnership Program shall
  694  develop and implement a local housing assistance plan created to
  695  make affordable residential units available to persons of very
  696  low income, low income, or moderate income and to persons who
  697  have special housing needs, including, but not limited to,
  698  homeless people, the elderly, and migrant farmworkers, and
  699  persons with disabilities. Counties or eligible municipalities
  700  may include strategies to assist persons and households having
  701  annual incomes of not more than 140 percent of area median
  702  income. The plans are intended to increase the availability of
  703  affordable residential units by combining local resources and
  704  cost-saving measures into a local housing partnership and using
  705  private and public funds to reduce the cost of housing.
  706         (b) Local housing assistance plans may allocate funds to:
  707         1. Implement local housing assistance strategies for the
  708  provision of affordable housing.
  709         2. Supplement funds available to the corporation to provide
  710  enhanced funding of state housing programs within the county or
  711  the eligible municipality.
  712         3. Provide the local matching share of federal affordable
  713  housing grants or programs.
  714         4. Fund emergency repairs, including, but not limited to,
  715  repairs performed by existing service providers under
  716  weatherization assistance programs under ss. 409.509-409.5093.
  717         5. Further the housing element of the local government
  718  comprehensive plan adopted pursuant to s. 163.3184, specific to
  719  affordable housing.
  720         (3)(a) Each local housing assistance plan shall include a
  721  definition of essential service personnel for the county or
  722  eligible municipality, including, but not limited to, teachers
  723  and educators, other school district, community college, and
  724  university employees, police and fire personnel, health care
  725  personnel, skilled building trades personnel, and other job
  726  categories.
  727         (b) Each county and each eligible municipality is
  728  encouraged to develop a strategy within its local housing
  729  assistance plan that emphasizes the recruitment and retention of
  730  essential service personnel. The local government is encouraged
  731  to involve public and private sector employers. Compliance with
  732  the eligibility criteria established under this strategy shall
  733  be verified by the county or eligible municipality.
  734         (c) Each county and each eligible municipality is
  735  encouraged to develop a strategy within its local housing
  736  assistance plan that addresses the needs of persons who are
  737  deprived of affordable housing due to the closure of a mobile
  738  home park or the conversion of affordable rental units to
  739  condominiums.
  740         (d)Each county and each eligible municipality shall
  741  describe initiatives in the local housing assistance plan to
  742  encourage or require innovative design, green building
  743  principles, storm-resistant construction, or other elements that
  744  reduce long-term costs relating to maintenance, utilities, or
  745  insurance.
  746         (e)Each county and each eligible municipality is
  747  encouraged to develop a strategy within its local housing
  748  assistance plan which provides program funds for the
  749  preservation of assisted housing.
  750         (5) The following criteria apply to awards made to eligible
  751  sponsors or eligible persons for the purpose of providing
  752  eligible housing:
  753         (a) At least 65 percent of the funds made available in each
  754  county and eligible municipality from the local housing
  755  distribution must be reserved for home ownership for eligible
  756  persons.
  757         (b) At least 75 percent of the funds made available in each
  758  county and eligible municipality from the local housing
  759  distribution must be reserved for construction, rehabilitation,
  760  or emergency repair of affordable, eligible housing.
  761         (c)Not more than 20 percent of the funds made available in
  762  each county and eligible municipality from the local housing
  763  distribution may be used for manufactured housing.
  764         (d)(c) The sales price or value of new or existing eligible
  765  housing may not exceed 90 percent of the average area purchase
  766  price in the statistical area in which the eligible housing is
  767  located. Such average area purchase price may be that calculated
  768  for any 12-month period beginning not earlier than the fourth
  769  calendar year prior to the year in which the award occurs or as
  770  otherwise established by the United States Department of the
  771  Treasury.
  772         (e)(d)1. All units constructed, rehabilitated, or otherwise
  773  assisted with the funds provided from the local housing
  774  assistance trust fund must be occupied by very-low-income
  775  persons, low-income persons, and moderate-income persons except
  776  as otherwise provided in this section.
  777         2. At least 30 percent of the funds deposited into the
  778  local housing assistance trust fund must be reserved for awards
  779  to very-low-income persons or eligible sponsors who will serve
  780  very-low-income persons and at least an additional 30 percent of
  781  the funds deposited into the local housing assistance trust fund
  782  must be reserved for awards to low-income persons or eligible
  783  sponsors who will serve low-income persons. This subparagraph
  784  does not apply to a county or an eligible municipality that
  785  includes, or has included within the previous 5 years, an area
  786  of critical state concern designated or ratified by the
  787  Legislature for which the Legislature has declared its intent to
  788  provide affordable housing. The exemption created by this act
  789  expires on July 1, 2013, and shall apply retroactively 2008.
  790         (f)(e) Loans shall be provided for periods not exceeding 30
  791  years, except for deferred payment loans or loans that extend
  792  beyond 30 years which continue to serve eligible persons.
  793         (g)(f) Loans or grants for eligible rental housing
  794  constructed, rehabilitated, or otherwise assisted from the local
  795  housing assistance trust fund must be subject to recapture
  796  requirements as provided by the county or eligible municipality
  797  in its local housing assistance plan unless reserved for
  798  eligible persons for 15 years or the term of the assistance,
  799  whichever period is longer. Eligible sponsors that offer rental
  800  housing for sale before 15 years or that have remaining
  801  mortgages funded under this program must give a first right of
  802  refusal to eligible nonprofit organizations for purchase at the
  803  current market value for continued occupancy by eligible
  804  persons.
  805         (h)(g) Loans or grants for eligible owner-occupied housing
  806  constructed, rehabilitated, or otherwise assisted from proceeds
  807  provided from the local housing assistance trust fund shall be
  808  subject to recapture requirements as provided by the county or
  809  eligible municipality in its local housing assistance plan.
  810         (i)(h) The total amount of monthly mortgage payments or the
  811  amount of monthly rent charged by the eligible sponsor or her or
  812  his designee must be made affordable.
  813         (j)(i) The maximum sales price or value per unit and the
  814  maximum award per unit for eligible housing benefiting from
  815  awards made pursuant to this section must be established in the
  816  local housing assistance plan.
  817         (k)(j) The benefit of assistance provided through the State
  818  Housing Initiatives Partnership Program must accrue to eligible
  819  persons occupying eligible housing. This provision shall not be
  820  construed to prohibit use of the local housing distribution
  821  funds for a mixed income rental development.
  822         (l)(k) Funds from the local housing distribution not used
  823  to meet the criteria established in paragraph (a) or paragraph
  824  (b) or not used for the administration of a local housing
  825  assistance plan must be used for housing production and finance
  826  activities, including, but not limited to, financing
  827  preconstruction activities or the purchase of existing units,
  828  providing rental housing, and providing home ownership training
  829  to prospective home buyers and owners of homes assisted through
  830  the local housing assistance plan.
  831         1. Notwithstanding the provisions of paragraphs (a) and
  832  (b), program income as defined in s. 420.9071(24) may also be
  833  used to fund activities described in this paragraph.
  834         2.When preconstruction due-diligence activities conducted
  835  as part of a preservation strategy show that preservation of the
  836  units is not feasible and will not result in the production of
  837  an eligible unit, such costs shall be deemed a program expense
  838  rather than an administrative expense if such program expenses
  839  do not exceed 3 percent of the annual local housing
  840  distribution.
  841         3. If both an award under the local housing assistance plan
  842  and federal low-income housing tax credits are used to assist a
  843  project and there is a conflict between the criteria prescribed
  844  in this subsection and the requirements of s. 42 of the Internal
  845  Revenue Code of 1986, as amended, the county or eligible
  846  municipality may resolve the conflict by giving precedence to
  847  the requirements of s. 42 of the Internal Revenue Code of 1986,
  848  as amended, in lieu of following the criteria prescribed in this
  849  subsection with the exception of paragraphs (a) and (e) (d) of
  850  this subsection.
  851         4.Each county and each eligible municipality may award
  852  funds as a grant for construction, rehabilitation, or repair as
  853  part of disaster recovery or emergency repairs or to remedy
  854  accessibility or health and safety deficiencies. Any other
  855  grants must be approved as part of the local housing assistance
  856  plan.
  857         (8) Pursuant to s. 420.531, the corporation shall provide
  858  training and technical assistance to local governments regarding
  859  the creation of partnerships, the design of local housing
  860  assistance strategies, the implementation of local housing
  861  incentive strategies, and the provision of support services.
  862         (10) Each county or eligible municipality shall submit to
  863  the corporation by September 15 of each year a report of its
  864  affordable housing programs and accomplishments through June 30
  865  immediately preceding submittal of the report. The report shall
  866  be certified as accurate and complete by the local government’s
  867  chief elected official or his or her designee. Transmittal of
  868  the annual report by a county’s or eligible municipality’s chief
  869  elected official, or his or her designee, certifies that the
  870  local housing incentive strategies, or, if applicable, the local
  871  housing incentive plan, have been implemented or are in the
  872  process of being implemented pursuant to the adopted schedule
  873  for implementation. The report must include, but is not limited
  874  to:
  875         (a) The number of households served by income category,
  876  age, family size, and race, and data regarding any special needs
  877  populations such as farmworkers, homeless persons, persons with
  878  disabilities, and the elderly. Counties shall report this
  879  information separately for households served in the
  880  unincorporated area and each municipality within the county.
  881         (h) Such other data or affordable housing accomplishments
  882  considered significant by the reporting county or eligible
  883  municipality or by the corporation.
  884         (13)
  885         (b) If, as a result of its review of the annual report, the
  886  corporation determines that a county or eligible municipality
  887  has failed to implement a local housing incentive strategy, or,
  888  if applicable, a local housing incentive plan, it shall send a
  889  notice of termination of the local government’s share of the
  890  local housing distribution by certified mail to the affected
  891  county or eligible municipality.
  892         1. The notice must specify a date of termination of the
  893  funding if the affected county or eligible municipality does not
  894  implement the plan or strategy and provide for a local response.
  895  A county or eligible municipality shall respond to the
  896  corporation within 30 days after receipt of the notice of
  897  termination.
  898         2. The corporation shall consider the local response that
  899  extenuating circumstances precluded implementation and grant an
  900  extension to the timeframe for implementation. Such an extension
  901  shall be made in the form of an extension agreement that
  902  provides a timeframe for implementation. The chief elected
  903  official of a county or eligible municipality or his or her
  904  designee shall have the authority to enter into the agreement on
  905  behalf of the local government.
  906         3. If the county or the eligible municipality has not
  907  implemented the incentive strategy or entered into an extension
  908  agreement by the termination date specified in the notice, the
  909  local housing distribution share terminates, and any uncommitted
  910  local housing distribution funds held by the affected county or
  911  eligible municipality in its local housing assistance trust fund
  912  shall be transferred to the Local Government Housing Trust Fund
  913  to the credit of the corporation to administer pursuant to s.
  914  420.9078.
  915         4.a. If the affected local government fails to meet the
  916  timeframes specified in the agreement, the corporation shall
  917  terminate funds. The corporation shall send a notice of
  918  termination of the local government’s share of the local housing
  919  distribution by certified mail to the affected local government.
  920  The notice shall specify the termination date, and any
  921  uncommitted funds held by the affected local government shall be
  922  transferred to the Local Government Housing Trust Fund to the
  923  credit of the corporation to administer pursuant to s. 420.9078.
  924         b. If the corporation terminates funds to a county, but an
  925  eligible municipality receiving a local housing distribution
  926  pursuant to an interlocal agreement maintains compliance with
  927  program requirements, the corporation shall thereafter
  928  distribute directly to the participating eligible municipality
  929  its share calculated in the manner provided in s. 420.9072.
  930         c. Any county or eligible municipality whose local
  931  distribution share has been terminated may subsequently elect to
  932  receive directly its local distribution share by adopting the
  933  ordinance, resolution, and local housing assistance plan in the
  934  manner and according to the procedures provided in ss. 420.907
  935  420.9079.
  936         (14)If the corporation determines that a county or
  937  eligible municipality has expended program funds for an
  938  ineligible activity, the corporation shall require such funds to
  939  be repaid to the local housing assistance trust fund. Such
  940  repayment may not be made with funds from the State Housing
  941  Initiatives Partnership Program.
  942         Section 31. Paragraph (h) of subsection (2), subsections
  943  (5) and (6), and paragraph (a) of subsection (7) of section
  944  420.9076, Florida Statutes, are amended to read:
  945         420.9076 Adoption of affordable housing incentive
  946  strategies; committees.—
  947         (2) The governing board of a county or municipality shall
  948  appoint the members of the affordable housing advisory committee
  949  by resolution. Pursuant to the terms of any interlocal
  950  agreement, a county and municipality may create and jointly
  951  appoint an advisory committee to prepare a joint plan. The
  952  ordinance adopted pursuant to s. 420.9072 which creates the
  953  advisory committee or the resolution appointing the advisory
  954  committee members must provide for 11 committee members and
  955  their terms. The committee must include:
  956         (h) One citizen who actively serves on the local planning
  957  agency pursuant to s. 163.3174. If the local planning agency is
  958  comprised of the governing board of the county or municipality,
  959  the governing board may appoint a designee who is knowledgeable
  960  in the local planning process.
  961  
  962  If a county or eligible municipality whether due to its small
  963  size, the presence of a conflict of interest by prospective
  964  appointees, or other reasonable factor, is unable to appoint a
  965  citizen actively engaged in these activities in connection with
  966  affordable housing, a citizen engaged in the activity without
  967  regard to affordable housing may be appointed. Local governments
  968  that receive the minimum allocation under the State Housing
  969  Initiatives Partnership Program may elect to appoint an
  970  affordable housing advisory committee with fewer than 11
  971  representatives if they are unable to find representatives who
  972  meet the criteria of paragraphs (a)-(k).
  973         (5) The approval by the advisory committee of its local
  974  housing incentive strategies recommendations and its review of
  975  local government implementation of previously recommended
  976  strategies must be made by affirmative vote of a majority of the
  977  membership of the advisory committee taken at a public hearing.
  978  Notice of the time, date, and place of the public hearing of the
  979  advisory committee to adopt its evaluation and final local
  980  housing incentive strategies recommendations must be published
  981  in a newspaper of general paid circulation in the county. The
  982  notice must contain a short and concise summary of the
  983  evaluation and local housing incentives strategies
  984  recommendations to be considered by the advisory committee. The
  985  notice must state the public place where a copy of the
  986  evaluation and tentative advisory committee recommendations can
  987  be obtained by interested persons. The final report, evaluation,
  988  and recommendations shall be submitted to the corporation.
  989         (6) Within 90 days after the date of receipt of the
  990  evaluation and local housing incentive strategies
  991  recommendations from the advisory committee, the governing body
  992  of the appointing local government shall adopt an amendment to
  993  its local housing assistance plan to incorporate the local
  994  housing incentive strategies it will implement within its
  995  jurisdiction. The amendment must include, at a minimum, the
  996  local housing incentive strategies required under s.
  997  420.9071(16). The local government must consider the strategies
  998  specified in paragraphs (4)(a)-(k) as recommended by the
  999  advisory committee.
 1000         (7) The governing board of the county or the eligible
 1001  municipality shall notify the corporation by certified mail of
 1002  its adoption of an amendment of its local housing assistance
 1003  plan to incorporate local housing incentive strategies. The
 1004  notice must include a copy of the approved amended plan.
 1005         (a) If the corporation fails to receive timely the approved
 1006  amended local housing assistance plan to incorporate local
 1007  housing incentive strategies, a notice of termination of its
 1008  share of the local housing distribution shall be sent by
 1009  certified mail by the corporation to the affected county or
 1010  eligible municipality. The notice of termination must specify a
 1011  date of termination of the funding if the affected county or
 1012  eligible municipality has not adopted an amended local housing
 1013  assistance plan to incorporate local housing incentive
 1014  strategies. If the county or the eligible municipality has not
 1015  adopted an amended local housing assistance plan to incorporate
 1016  local housing incentive strategies by the termination date
 1017  specified in the notice of termination, the local distribution
 1018  share terminates; and any uncommitted local distribution funds
 1019  held by the affected county or eligible municipality in its
 1020  local housing assistance trust fund shall be transferred to the
 1021  Local Government Housing Trust Fund to the credit of the
 1022  corporation to administer the local government housing program
 1023  pursuant to s. 420.9078.
 1024         Section 32. Section 420.9078, Florida Statutes, is
 1025  repealed.
 1026         Section 33. Section 420.9079, Florida Statutes, is amended
 1027  to read:
 1028         420.9079 Local Government Housing Trust Fund.—
 1029         (1) There is created in the State Treasury the Local
 1030  Government Housing Trust Fund, which shall be administered by
 1031  the corporation on behalf of the department according to the
 1032  provisions of ss. 420.907-420.9076 420.907-420.9078 and this
 1033  section. There shall be deposited into the fund a portion of the
 1034  documentary stamp tax revenues as provided in s. 201.15, moneys
 1035  received from any other source for the purposes of ss. 420.907
 1036  420.9076 420.907-420.9078 and this section, and all proceeds
 1037  derived from the investment of such moneys. Moneys in the fund
 1038  that are not currently needed for the purposes of the programs
 1039  administered pursuant to ss. 420.907-420.9076 420.907-420.9078
 1040  and this section shall be deposited to the credit of the fund
 1041  and may be invested as provided by law. The interest received on
 1042  any such investment shall be credited to the fund.
 1043         (2) The corporation shall administer the fund exclusively
 1044  for the purpose of implementing the programs described in ss.
 1045  420.907-420.9076 420.907-420.9078 and this section. With the
 1046  exception of monitoring the activities of counties and eligible
 1047  municipalities to determine local compliance with program
 1048  requirements, the corporation shall not receive appropriations
 1049  from the fund for administrative or personnel costs. For the
 1050  purpose of implementing the compliance monitoring provisions of
 1051  s. 420.9075(9), the corporation may request a maximum of one
 1052  quarter of 1 percent of the annual appropriation per state
 1053  fiscal year. When such funding is appropriated, the corporation
 1054  shall deduct the amount appropriated prior to calculating the
 1055  local housing distribution pursuant to ss. 420.9072 and
 1056  420.9073.
 1057         Section 34. Subsection (12) of section 1001.43, Florida
 1058  Statutes, is amended to read:
 1059         1001.43 Supplemental powers and duties of district school
 1060  board.—The district school board may exercise the following
 1061  supplemental powers and duties as authorized by this code or
 1062  State Board of Education rule.
 1063         (12) AFFORDABLE HOUSING.—A district school board may use
 1064  portions of school sites purchased within the guidelines of the
 1065  State Requirements for Educational Facilities, land deemed not
 1066  usable for educational purposes because of location or other
 1067  factors, or land declared as surplus by the board to provide
 1068  sites for affordable housing for teachers and other district
 1069  personnel and, in areas of critical state concern, for other
 1070  essential services personnel as defined by local affordable
 1071  housing eligibility requirements, independently or in
 1072  conjunction with other agencies as described in subsection (5).
 1073  
 1074  ================= T I T L E  A M E N D M E N T ================
 1075         And the title is amended as follows:
 1076         Delete lines 1298 - 1299
 1077  and insert:
 1078  use the extension; amending s. 159.807, F.S.; providing
 1079  limitations on the Florida Housing Finance Corporation’s access
 1080  to the state allocation pool; deleting a provision exempting the
 1081  corporation from the applicability of certain uses of the state
 1082  allocation pool; creating s. 193.018, F.S.; providing for the
 1083  assessment of property receiving the low-income housing tax
 1084  credit; defining the term “community land trust”; providing for
 1085  the assessment of structural improvements, condominium parcels,
 1086  and cooperative parcels on land owned by a community land trust
 1087  and used to provide affordable housing; providing for the
 1088  conveyance of structural improvements, condominium parcels, and
 1089  cooperative parcels subject to certain conditions; specifying
 1090  the criteria to be used in arriving at just valuation of a
 1091  structural improvement, condominium parcel, or cooperative
 1092  parcel; amending s. 196.196, F.S.; providing additional criteria
 1093  for determining whether certain affordable housing property
 1094  owned by certain exempt organizations is entitled to an
 1095  exemption from ad valorem taxation; providing a definition;
 1096  subjecting organizations owning certain property to ad valorem
 1097  taxation under certain circumstances; providing for tax liens;
 1098  providing for penalties and interest; providing an exception;
 1099  providing notice requirements; amending s. 196.1978, F.S.;
 1100  providing that property owned by certain nonprofit entities or
 1101  Florida-based limited partnerships and used or held for the
 1102  purpose of providing affordable housing to certain income
 1103  qualified persons is exempt from ad valorem taxation; revising
 1104  legislative intent; amending s. 212.055, F.S.; redefining the
 1105  term “infrastructure” to allow the proceeds of a local
 1106  government infrastructure surtax to be used to purchase land for
 1107  certain purposes relating to construction of affordable housing;
 1108  amending s. 163.3202, F.S.; requiring that local land
 1109  development regulations maintain the existing density of
 1110  residential properties or recreational vehicle parks under
 1111  certain circumstances; amending s. 420.503, F.S.; defining the
 1112  term “moderate rehabilitation” for purposes of the Florida
 1113  Housing Finance Corporation Act; amending s. 420.507, F.S.;
 1114  providing the corporation with the power to provide by rule the
 1115  criteria for developer and contractor preference; providing
 1116  criteria for the valuation of domicile and experience of
 1117  developers and general contractors; amending s. 420.5087, F.S.;
 1118  revising purposes for which state apartment incentive loans may
 1119  be used; amending s. 420.622, F.S.; authorizing the agencies
 1120  that provide a local homeless assistance continuum of care to
 1121  use homeless housing assistance grants, provided by the State
 1122  Office of Homelessness within the Department of Children and
 1123  Family Services, to acquire transitional or permanent housing
 1124  units for homeless persons; creating s. 420.628, F.S.; providing
 1125  legislative findings and intent; requiring certain governmental
 1126  entities to develop and implement strategies and procedures
 1127  designed to increase affordable housing opportunities for young
 1128  adults who are leaving the child welfare system; amending s.
 1129  420.9071, F.S.; revising and providing definitions; amending s.
 1130  420.9072, F.S.; conforming a cross-reference; authorizing
 1131  counties and eligible municipalities to use funds from the State
 1132  Housing Initiatives Partnership Program to provide relocation
 1133  grants for persons who are evicted from rental properties that
 1134  are in foreclosure; providing eligibility requirements for
 1135  receiving a grant; providing that authorization for the
 1136  relocation grants expires July 1, 2010; amending s. 420.9073,
 1137  F.S.; revising the frequency with which local housing
 1138  distributions are to be made by the corporation; authorizing the
 1139  corporation to withhold funds from the total distribution
 1140  annually for specified purposes; requiring counties and eligible
 1141  municipalities that receive local housing distributions to
 1142  expend those funds in a specified manner; amending s. 420.9075,
 1143  F.S.; requiring that local housing assistance plans address the
 1144  special housing needs of persons with disabilities; authorizing
 1145  counties and certain municipalities to assist persons and
 1146  households meeting specific income requirements; revising
 1147  requirements to be included in the local housing assistance
 1148  plan; requiring counties and certain municipalities to include
 1149  certain initiatives and strategies in the local housing
 1150  assistance plan; revising criteria that applies to awards made
 1151  for the purpose of providing eligible housing; authorizing and
 1152  limiting the percentage of funds from the local housing
 1153  distribution which may be used for manufactured housing;
 1154  extending the expiration date of an exemption from certain
 1155  income requirements in specified areas; providing for
 1156  retroactive application; authorizing the use of certain funds
 1157  for preconstruction activities; providing that certain costs are
 1158  a program expense; authorizing counties and certain
 1159  municipalities to award grant funds under certain conditions;
 1160  providing for the repayment of funds by the local housing
 1161  assistance trust fund; amending s. 420.9076, F.S.; revising
 1162  appointments to a local affordable housing advisory committee;
 1163  revising notice requirements for public hearings of the advisory
 1164  committee; requiring the committee’s final report, evaluation,
 1165  and recommendations to be submitted to the corporation; deleting
 1166  cross-references to conform to changes made by the act;
 1167  repealing s. 420.9078, F.S., relating to state administration of
 1168  funds remaining in the Local Government Housing Trust Fund;
 1169  amending s. 420.9079, F.S.; conforming cross-references;
 1170  amending s. 1001.43, F.S.; revising district school board powers
 1171  and duties in relation to use of land for affordable housing in
 1172  certain areas for certain personnel; providing a legislative
 1173  declaration of important state interest; providing an effective
 1174  date.