Florida Senate - 2012                      CS for CS for SB 1182
       
       
       
       By the Committees on Budget Subcommittee on Finance and Tax; and
       Community Affairs; and Senator Norman
       
       
       
       593-03832-12                                          20121182c2
    1                        A bill to be entitled                      
    2         An act relating to public housing; amending s. 83.56,
    3         F.S.; revising provisions for terminating a rental
    4         agreement that involves rent subsidies received from a
    5         local, state, or national government; amending s.
    6         421.02, F.S.; revising a declaration of necessity;
    7         providing that access to essential commercial goods
    8         and services for persons of low income served by
    9         housing authorities is a public use; amending s.
   10         421.03, F.S.; reordering and revising definitions
   11         applicable to the Housing Authorities Law; revising
   12         the definition of the term “housing project”; defining
   13         the term “essential commercial goods and services”;
   14         amending s. 421.08, F.S.; prohibiting the use of
   15         eminent domain for certain purposes; expanding certain
   16         powers of housing authorities to include certain
   17         commercial projects providing essential goods and
   18         services; providing for the use of revenues received
   19         from such projects; amending s. 421.09, F.S.;
   20         conforming a cross-reference; reenacting and amending
   21         s. 421.21, F.S., relating to tax exemptions applicable
   22         to housing authorities created pursuant to certain
   23         federal programs; amending s. 421.32, F.S.; conforming
   24         a cross-reference; amending s. 422.02, F.S.; revising
   25         a declaration of necessity; providing that there
   26         exists a shortage of access to essential commercial
   27         goods and services necessary for daily living for
   28         persons of low income; amending s. 422.04, F.S.;
   29         expanding certain powers of state public bodies to
   30         include certain commercial projects providing
   31         essential goods and services; amending s. 423.01,
   32         F.S.; revising and providing findings and declarations
   33         of property of tax exemption for housing authorities
   34         relating to access to essential commercial goods and
   35         services necessary for daily living for persons of low
   36         income; amending s. 423.02, F.S.; clarifying that
   37         activities or property of certain persons is not
   38         exempt from taxes and special assessments; providing
   39         that real property of a housing authority which is
   40         used to provide access to essential commercial goods
   41         and services is exempt from ad valorem taxes and
   42         special assessments; providing organizational and
   43         editorial changes for purposes of clarifying various
   44         provisions; amending s. 420.507, F.S.; authorizing
   45         Florida Housing Finance Corporation to set aside a
   46         portion of its federal and state funding to fund
   47         housing for economic development initiatives,
   48         veterans’ housing, and housing for other special needs
   49         populations; authorizing the use of competitive
   50         requests for proposal to fund projects; providing an
   51         effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Subsection (5) of section 83.56, Florida
   56  Statutes, is amended to read:
   57         83.56 Termination of rental agreement.—
   58         (5) If the landlord accepts rent with actual knowledge of a
   59  noncompliance by the tenant or accepts performance by the tenant
   60  of any other provision of the rental agreement that is at
   61  variance with its provisions, or if the tenant pays rent with
   62  actual knowledge of a noncompliance by the landlord or accepts
   63  performance by the landlord of any other provision of the rental
   64  agreement that is at variance with its provisions, the landlord
   65  or tenant waives his or her right to terminate the rental
   66  agreement or to bring a civil action for that noncompliance, but
   67  not for any subsequent or continuing noncompliance. Any tenant
   68  who wishes to defend against an action by the landlord for
   69  possession of the unit for noncompliance of the rental agreement
   70  or of relevant statutes shall comply with the provisions in s.
   71  83.60(2). The court may not set a date for mediation or trial
   72  unless the provisions of s. 83.60(2) have been met, but shall
   73  enter a default judgment for removal of the tenant with a writ
   74  of possession to issue immediately if the tenant fails to comply
   75  with s. 83.60(2). This subsection does not apply to that portion
   76  of rent subsidies received from a local, state, or national
   77  government or an agency of local, state, or national government;
   78  however, waiver will occur if an action has not been instituted
   79  within 90 45 days after the landlord has actual knowledge of the
   80  noncompliance.
   81         Section 2. Section 421.02, Florida Statutes, is amended to
   82  read:
   83         421.02 Finding and declaration of necessity.—It is hereby
   84  declared that:
   85         (1) There exist in the state insanitary or unsafe dwelling
   86  accommodations and that persons of low income are forced to
   87  reside in such insanitary or unsafe accommodations; that within
   88  the state there is a shortage of safe or sanitary dwelling
   89  accommodations available at rents which persons of low income
   90  can afford and that such persons are forced to occupy
   91  overcrowded and congested dwelling accommodations; that such the
   92  aforesaid conditions cause an increase in and spread of disease
   93  and crime and constitute a menace to the health, safety, morals,
   94  and welfare of the residents of the state and impair economic
   95  values; and that these conditions necessitate excessive and
   96  disproportionate expenditures of public funds for crime
   97  prevention and punishment, public health, welfare and safety,
   98  fire and accident protection, and other public services and
   99  facilities.
  100         (2) Blighted areas in the state cannot be revitalized, nor
  101  can the shortage of safe and sanitary dwellings for persons of
  102  low income be relieved, solely through the operation of private
  103  enterprise.
  104         (3) The clearance, replanning, and reconstruction of the
  105  areas in which insanitary or unsafe housing conditions exist,
  106  and the providing of safe and sanitary dwelling accommodations,
  107  and the access to essential commercial goods and services
  108  necessary for daily living for persons of low income, including
  109  the acquisition by a housing authority of property to be used
  110  for or in connection with housing projects or appurtenant
  111  thereto, are exclusively public uses and purposes for which
  112  public money may be spent and private property acquired and are
  113  governmental functions of public concern.
  114         (4) An important public purpose is served by providing
  115  access to essential commercial goods and services necessary for
  116  daily living for persons served by public housing authorities as
  117  those persons often have limited transportation capacity and
  118  significant family demands. Issues such as limited
  119  transportation capacity and significant family demands
  120  complicate daily living and make access to essential commercial
  121  goods and services difficult.
  122         (5)(4) The necessity in the public interest for the
  123  provisions hereinafter enacted, is hereby declared as a matter
  124  of legislative determination.
  125         Section 3. Section 421.03, Florida Statutes, is amended to
  126  read:
  127         421.03 Definitions.—As used The following terms, wherever
  128  used or referred to in this part, except where the context
  129  clearly indicates otherwise, the term shall have the following
  130  respective meanings for the purposes of this part, unless a
  131  different meaning clearly appears from the context:
  132         (1)(6) “Area of operation”:
  133         (a) In the case of a housing authority of a city having a
  134  population of less than 25,000, includes shall include such city
  135  and the area within 5 miles of its the territorial boundaries.
  136  thereof; and
  137         (b) In the case of a housing authority of a city having a
  138  population of 25,000 or more includes shall include such city
  139  and the area within 10 miles from its the territorial
  140  boundaries. thereof; provided However, that the area of
  141  operation of a housing authority of a any city may shall not
  142  include any area that which lies within the territorial
  143  boundaries of another some other city as herein defined; and may
  144  further provided that the area of operation shall not extend
  145  outside of the boundaries of the county in which the city is
  146  located, and a no housing authority has no shall have any power
  147  or jurisdiction outside of the county in which the city is
  148  located.
  149         (2)(1) “Authority” or “housing authority” means a shall
  150  mean any of the public corporation corporations created pursuant
  151  to by s. 421.04.
  152         (3)(2) “City” means shall mean any city or town of the
  153  state having a population of more than 2,500, according to the
  154  last preceding federal or state census. The term means “The
  155  city” shall mean the particular city for which a particular
  156  housing authority is created.
  157         (4)(5) “Clerk” means shall mean the clerk of the city or
  158  the officer of the city charged with the duties customarily
  159  imposed on the clerk thereof.
  160         (5)(11) “Debentures” means shall mean any notes, interim
  161  certificates, debentures, revenue certificates, or other
  162  obligations issued by an authority pursuant to this chapter.
  163         (6) “Essential commercial goods and services” means goods,
  164  such as groceries and clothing, and services, such as child
  165  care, K-12 education, financial services, job training and
  166  placement, and laundry facilities, that are necessary for daily
  167  living and that may be difficult for persons of low income to
  168  access unless collocated with the housing project where they
  169  live and substantially serving persons of low income.
  170         (7) “Federal Government” means shall include the United
  171  States Government, the Federal Emergency Administration of
  172  Public Works or any department, commission, other agency, or
  173  other instrumentality thereof, corporate or otherwise, of the
  174  United States.
  175         (8)(3) “Governing body” means shall mean the city council,
  176  the commission, or other legislative body charged with governing
  177  the city, as the case may be.
  178         (9) “Housing project” means shall mean any work or
  179  undertaking:
  180         (a) To demolish, clear, or remove buildings from any slum
  181  area, which; such work or undertaking may embrace the adaption
  182  of such area to public purposes, including parks or other
  183  recreational or community purposes; or
  184         (b) To provide decent, safe, and sanitary urban or rural
  185  dwellings, apartments, or other living accommodations for
  186  persons of low income, which; such work or undertaking may
  187  include buildings, land, equipment, facilities, and other real
  188  or personal property for necessary, convenient, or desirable
  189  appurtenances, streets, sewers, water service, parks, site
  190  preparation, gardening, administrative, community, health,
  191  recreational, educational, welfare, or other purposes; or
  192         (c) To provide access to essential commercial goods and
  193  services; or
  194         (d)(c) To accomplish a combination of the foregoing.
  195  
  196  The term “housing project” also applies may be applied to the
  197  planning of the buildings and improvements, the acquisition of
  198  property, the demolition of existing structures, the
  199  construction, reconstruction, alteration, and repair of the
  200  improvements, and all other work in connection therewith.
  201         (10)(4) “Mayor” means shall mean the mayor of the city or
  202  the officer thereof charged with the duties customarily imposed
  203  on the mayor or executive head of the city.
  204         (11)(13) “Obligee of the authority” or “obligee” includes
  205  shall include any holder of debentures, trustee or trustees for
  206  any such holders, or lessor demising to the authority property
  207  used in connection with a housing project, or any assignee or
  208  assignees of such lessor’s interest or any part thereof, and the
  209  Federal Government when it is a party to any contract with the
  210  authority.
  211         (12)(10) “Persons of low income” means shall mean persons
  212  or families who lack the amount of income which is necessary, as
  213  determined by the authority undertaking the housing project, to
  214  enable them, without financial assistance, to live in decent,
  215  safe and sanitary dwellings, without overcrowding.
  216         (13)(12) “Real property” includes shall include all lands,
  217  including improvements and fixtures thereon, and property of any
  218  nature appurtenant thereto, or used in connection therewith, and
  219  every estate, interest and right, legal or equitable, therein,
  220  including terms for years and liens by way of judgment, mortgage
  221  or otherwise and the indebtedness secured by such liens.
  222         (14)(8) “Slum” means shall mean any area where dwellings
  223  predominate which, by reason of dilapidation, overcrowding,
  224  faulty arrangement or design, lack of ventilation, light or
  225  sanitary facilities, or any combination of these factors, are
  226  detrimental to safety, health and morals.
  227         Section 4. Section 421.08, Florida Statutes, is amended to
  228  read:
  229         421.08 Powers of authority.—
  230         (1) An authority shall constitute a public body corporate
  231  and politic, exercising the public and essential governmental
  232  functions set forth in this chapter, and having all the powers
  233  necessary or convenient to carry out and effectuate the purpose
  234  and provisions of this chapter, including the following powers
  235  in addition to others herein granted in this chapter:
  236         (a)(1) To sue and be sued; to have a seal and to alter it
  237  the same at pleasure; to have perpetual succession; to make and
  238  execute contracts and other instruments necessary or convenient
  239  to the exercise of the powers of the authority; to appear in
  240  court through any of its officers, agents, or employees, for the
  241  exclusive purpose of filing eviction papers; and to make and
  242  from time to time amend and repeal bylaws, rules and
  243  regulations, not inconsistent with this chapter, to carry into
  244  effect the powers and purposes of the authority.
  245         (b)(2) Within its area of operation, to prepare, carry out,
  246  acquire, lease, and operate housing projects and; to provide for
  247  the construction, reconstruction, improvement, alteration, or
  248  repair of any housing project or any part thereof.
  249         (c)(3) To arrange or contract for the furnishing by any
  250  person or agency, public or private, of services, privileges,
  251  works, or facilities for, or in connection with, a housing
  252  project or the occupants thereof.; provided, however, that
  253         1. Notwithstanding any other power or provision in this
  254  chapter, the authority may shall not construct, lease, control,
  255  purchase, or otherwise establish, in connection with or as a
  256  part of any housing project or any other real or any other
  257  property under its control, any system, work, facilities,
  258  plants, or other equipment for the purpose of furnishing utility
  259  service of any kind to such projects or to any tenant or
  260  occupant thereof if in the event that a system, work, facility,
  261  plant, or other equipment for the furnishing of the same utility
  262  service is being actually operated by a municipality or private
  263  concern in the area of operation or the city or the territory
  264  immediately adjacent thereto; provided, further, but this does
  265  not that nothing herein shall be construed to prohibit the
  266  construction or acquisition by the authority of any system,
  267  work, facilities, or other equipment for the sole and only
  268  purpose of receiving utility services from any such municipality
  269  or such private concern and then distributing such utility
  270  services to the project and to the tenants and occupants
  271  thereof.; and,
  272         2. Notwithstanding anything to the contrary contained in
  273  this chapter or in any other provision of law, the authority may
  274  to include, in any contract let in connection with a project,
  275  stipulations requiring that the contractor and any
  276  subcontractors comply with requirements as to minimum wages and
  277  maximum hours of labor, and comply with any conditions which the
  278  Federal Government may have attached to its financial aid of the
  279  project.
  280         (d)(4) To lease or rent any dwellings, houses,
  281  accommodations, lands, buildings, structures, or facilities
  282  embraced in any housing project and, subject to the limitations
  283  contained in this chapter, to establish and revise the rents or
  284  charges therefor; to own, hold, and improve real or personal
  285  property; to purchase, lease, obtain options upon, acquire by
  286  gift, grant, bequest, devise, or otherwise any real or personal
  287  property or any interest therein; to acquire by the exercise of
  288  the power of eminent domain any real property, except real
  289  property to be used to provide access to essential commercial
  290  goods and services; to sell, lease, exchange, transfer, assign,
  291  pledge, or dispose of any real or personal property or any
  292  interest therein; to insure or provide for the insurance of any
  293  real or personal property or operations of the authority against
  294  any risks or hazards; and to procure or agree to the procurement
  295  of insurance or guarantees from the Federal Government of the
  296  payment of any such debts or parts thereof, whether or not
  297  incurred by the said authority, including the power to pay
  298  premiums on any such insurance.
  299         (e)(5) To invest any funds held in reserves or sinking
  300  funds, or any funds not required for immediate disbursement, in
  301  property or securities in which savings banks may legally invest
  302  funds subject to their control and; to purchase its debentures
  303  at a price not exceeding more than the principal amount thereof
  304  and accrued interest, with all debentures so purchased to be
  305  canceled.
  306         (f)(6) Within its area of operation: to investigate into
  307  living, dwelling, and housing conditions and into the means and
  308  methods of improving such conditions; to determine where slum
  309  areas exist or where there is a shortage of decent, safe, and
  310  sanitary dwelling accommodations for persons of low income; to
  311  make studies and recommendations relating to the problem of
  312  clearing, replanning, and reconstruction of slum areas and the
  313  problem of providing dwelling accommodations for persons of low
  314  income; to administer fair housing ordinances and other
  315  ordinances as adopted by cities, counties, or other authorities
  316  who wish to contract for administrative services and to
  317  cooperate with the city, the county, or the state or any
  318  political subdivision thereof in action taken in connection with
  319  such problems; and to engage in research, studies, and
  320  experimentation on the subject of housing.
  321         (g)(7) Acting through one or more commissioners or other
  322  person or persons designated by the authority:; to conduct
  323  examinations and investigations and to hear testimony and take
  324  proof under oath at public or private hearings on any matter
  325  material for its information; to administer oaths, issue
  326  subpoenas requiring the attendance of witnesses or the
  327  production of books and papers, and to issue commissions for the
  328  examination of witnesses who are outside of the state, or unable
  329  to attend before the authority, or excused from attendance; and
  330  to make available to appropriate agencies, including those
  331  charged with the duty of abating or requiring the correction of
  332  nuisances or like conditions, or of demolishing unsafe or
  333  insanitary structures within its area of operation, its findings
  334  and recommendations with regard to any building or property
  335  where conditions exist which are dangerous to the public health,
  336  morals, safety, or welfare.
  337         (h)(8)(a) To organize for the purpose of creating a for
  338  profit or not-for-profit corporation, limited liability company,
  339  or other similar business entity pursuant to all applicable laws
  340  of this state in which the housing authority may hold an
  341  ownership interest or participate in its governance in order to
  342  develop, acquire, lease, construct, rehabilitate, manage, or
  343  operate multifamily or single-family residential projects and
  344  commercial projects that allow access to essential goods and
  345  services for persons of low income residing in such residential
  346  projects.
  347         1. These projects may include nonresidential uses and may
  348  use public and private funds to serve individuals or families
  349  who meet the applicable income requirements of the state or
  350  federal program involved; whose income does not exceed 150
  351  percent of the applicable median income for the area, as
  352  established by the United States Department of Housing and Urban
  353  Development; and who, in the determination of the housing
  354  authority, lack sufficient income or assets to enable them to
  355  purchase or rent a decent, safe, and sanitary dwelling. These
  356  corporations, limited liability companies, or other business
  357  entities may join partnerships, joint ventures, or limited
  358  liability companies pursuant to applicable laws or may otherwise
  359  engage with business entities in developing, acquiring, leasing,
  360  constructing, rehabilitating, managing, or operating such
  361  projects.
  362         2.(b) The creation by a housing authority of such a
  363  corporation, limited liability company, or other business entity
  364  that is properly registered pursuant to all applicable laws
  365  before the effective date of this act is ratified and validated
  366  if the creation of such corporation, limited liability company,
  367  or other business entity would have been valid had this act been
  368  in effect at the time such corporation, limited liability
  369  company, or other business entity was created and registered.
  370         3.(c) Proceedings or acts performed by a housing authority
  371  or a corporation, limited liability company, or other business
  372  entity authorized pursuant to subparagraph 2. paragraph (b) are
  373  ratified and validated if such proceedings or acts were in
  374  furtherance of the purposes set forth in this chapter and would
  375  have been valid had this act been in effect at the time such
  376  proceedings or acts were performed.
  377         (i)(9) Notwithstanding s. 112.061, to the governing board
  378  of an authority may approve and implement policies for per diem,
  379  travel, and other expenses of its officials, officers, board
  380  members, employees, and authorized persons in a manner
  381  consistent with federal guidelines.
  382         (j)(10) To exercise all or any part or combination of
  383  powers herein granted in this section. No Provisions of law
  384  relating with respect to acquisition, operation, or disposition
  385  of property by other public bodies do not apply shall be
  386  applicable to an authority unless the Legislature shall
  387  specifically states so state.
  388         (2) Any revenue received by a housing authority from
  389  commercial projects that provide access to essential goods and
  390  services necessary for daily living of persons residing in
  391  housing projects must be used exclusively to upgrade and improve
  392  living conditions in the housing project or to preserve and
  393  rehabilitate public or affordable housing managed by the housing
  394  authority.
  395         Section 5. Subsection (2) of section 421.09, Florida
  396  Statutes, is amended to read:
  397         421.09 Operation not for profit.—
  398         (2) This section does not prohibit or restrict the
  399  activities or operations of a business entity created under s.
  400  421.08(1)(h) 421.08(8).
  401         Section 6. Section 421.21, Florida Statutes, is reenacted
  402  and amended to read:
  403         421.21 Aid from Federal Government; tax exemptions.—
  404         (1) In addition to the powers conferred upon an authority
  405  by other provisions of this chapter, an authority is empowered
  406  to borrow money or accept grants or other financial assistance
  407  from the Federal Government for or in aid of any housing project
  408  within its area of operation, to take over or lease or manage
  409  any housing project or undertaking constructed or owned by the
  410  Federal Government, and to these ends, to comply with such
  411  conditions and enter into such trust indentures, leases or
  412  agreements as may be necessary, convenient or desirable. It is
  413  the purpose and intent of this chapter to authorize every
  414  authority to do any and all things necessary or desirable to
  415  secure the financial aid or cooperation of the Federal
  416  Government in the undertaking, construction, maintenance, or
  417  operation of any housing project by such authority.
  418         (2) In addition to the powers conferred upon an authority
  419  by subsection (1) and other provisions of this chapter, an
  420  authority is empowered to borrow money or accept grants or other
  421  financial assistance from the Federal Government under s. 202 of
  422  the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
  423  program of the United States Department of Housing and Urban
  424  Development, which provides for direct federal loans in the
  425  maximum amount, as defined therein, for the purpose of assisting
  426  certain nonprofit corporations to provide housing and related
  427  facilities for elderly families and elderly persons.
  428         (a) Housing authorities created under this section are
  429  authorized to execute mortgages, notes, bills, or other forms of
  430  indebtedness together with any agreements, contracts, or other
  431  instruments required by the United States Department of Housing
  432  and Urban Development in connection with loans made for the
  433  purposes set forth in this subsection.
  434         (b) This provision relating to housing facilities for the
  435  elderly is cumulative and in addition to the powers given to
  436  housing authorities under this chapter. All powers granted
  437  generally by law to housing authorities in Florida relating to
  438  issuance of trust indentures, debentures, and other methods of
  439  raising capital shall apply also to housing authorities in
  440  connection with their participation in programs of the United
  441  States Department of Housing and Urban Development.
  442         (3) It is the legislative intent that the tax exemption of
  443  housing authorities provided by chapter 423, shall specifically
  444  applies apply to any housing authority created under this
  445  section.
  446         Section 7. Section 421.32, Florida Statutes, is amended to
  447  read:
  448         421.32 Rural housing projects.—County housing authorities
  449  and regional housing authorities are specifically empowered and
  450  authorized to borrow money, accept grants, and exercise their
  451  other powers to provide housing for farmers of low income and
  452  domestic farm labor as defined in s. 514 of the Federal Housing
  453  Act of 1949. In connection with such projects, any such housing
  454  authority may enter into such leases or purchase agreements,
  455  accept such conveyances and rent or sell dwellings forming part
  456  of such projects to or for farmers of low income, as such
  457  housing authority deems necessary in order to ensure assure the
  458  achievement of the objectives of this law. Such leases,
  459  agreements, or conveyances may include such covenants as the
  460  housing authority deems appropriate regarding such dwellings and
  461  the tracts of land described in any such instrument, which
  462  covenants shall be deemed to run with the land where the housing
  463  authority deems it necessary and the parties to such instrument
  464  so stipulate. In providing housing for farmers of low income,
  465  county housing authorities and regional housing authorities are
  466  shall not be subject to the limitations provided in ss.
  467  421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This
  468  section may not shall be construed as limiting any other powers
  469  of any housing authority.
  470         Section 8. Section 422.02, Florida Statutes, is amended to
  471  read:
  472         422.02 Finding and declaration of necessity.—It has been
  473  found and declared in the Housing Authorities Law that there
  474  exist in the state unsafe and insanitary housing conditions and
  475  a shortage of safe and sanitary dwelling accommodations and
  476  access to essential commercial goods and services necessary for
  477  daily living for persons of low income; that these conditions
  478  necessitate excessive and disproportionate expenditures of
  479  public funds for crime prevention and punishment, public health,
  480  welfare and safety, fire and accident protection, and other
  481  public services and facilities; and that the public interest
  482  requires the remedying of these conditions. It is found and
  483  declared that the assistance herein provided for the remedying
  484  of the conditions set forth in the Housing Authorities Law
  485  constitutes a public use and purpose and an essential
  486  governmental function for which public moneys may be spent and
  487  other aid given; that it is a proper public purpose for any
  488  state public body to aid any housing authority operating within
  489  its boundaries or jurisdiction or any housing project located
  490  therein, as the state public body derives immediate benefits and
  491  advantages from such an authority or project; and that the
  492  provisions hereinafter enacted are necessary in the public
  493  interest.
  494         Section 9. Section 422.04, Florida Statutes, is amended to
  495  read:
  496         422.04 Cooperation in undertaking housing projects.—
  497         (1) For the purpose of aiding and cooperating in the
  498  planning, undertaking, construction, or operation of housing
  499  projects located within the area in which it is authorized to
  500  act, any state public body may, upon such terms, with or without
  501  consideration, as it may determine:
  502         (a) Dedicate, sell, convey, or lease any of its property to
  503  a housing authority or the Federal Government.;
  504         (b) Cause parks;, playgrounds;, recreational, community,
  505  educational, water, sewer, or drainage facilities; commercial
  506  projects that allow access to essential goods and services for
  507  persons of low income residing in housing projects; or any other
  508  works, which it is otherwise empowered to undertake, to be
  509  furnished adjacent to or in connection with housing projects.;
  510         (c) Furnish, dedicate, close, pave, install, grade,
  511  regrade, plan, or replan streets, roads, roadways, alleys,
  512  sidewalks, or other places which it is otherwise empowered to
  513  undertake.;
  514         (d) Plan or replan, zone or rezone any part of such state
  515  public body; make exceptions from building regulations and
  516  ordinances; and, with respect to any city or town, also may
  517  change its map.;
  518         (e) Enter into agreements, which may extend over any
  519  period, notwithstanding any provision or rule of law to the
  520  contrary, with a housing authority or the Federal Government
  521  respecting action to be taken by such state public body pursuant
  522  to any of the powers granted by this chapter.;
  523         (f) Do any and all things, necessary, or convenient to aid
  524  and cooperate in the planning, undertaking, construction, or
  525  operation of such housing projects.;
  526         (g) Purchase or legally invest in any of the debentures of
  527  a housing authority and exercise all of the rights of any holder
  528  of such debentures.;
  529         (h) Not require any changes to be made in a housing project
  530  or the manner of its construction or take any other action
  531  relating to such construction with respect to any housing
  532  project which a housing authority has acquired or taken over
  533  from the Federal Government and which the housing authority by
  534  resolution has found and declared to have been constructed in a
  535  manner that will promote the public interest and afford
  536  necessary safety, sanitation, and other protection., no state
  537  public body shall require any changes to be made in the housing
  538  project or the manner of its construction or take any other
  539  action relating to such construction;
  540         (i) Incur the entire expense of In connection with any
  541  public improvements made by the a state public body in
  542  exercising the powers herein granted, such state public body may
  543  incur the entire expense thereof.
  544         (2) Any law or statute to the contrary notwithstanding, any
  545  sale, conveyance, lease, or agreement provided for in this
  546  section may be made by a state public body without appraisal,
  547  public notice, advertisement, or public bidding.
  548         Section 10. Section 423.01, Florida Statutes, is amended to
  549  read:
  550         423.01 Finding and declaration of property of tax exemption
  551  for housing authorities.—It has been found and declared in the
  552  Housing Authorities Law and the Housing Cooperation Law that:
  553         (1) There exist in the state housing conditions that which
  554  constitute a menace to the health, safety, morals, and welfare
  555  of the residents of the state;
  556         (2) These conditions necessitate excessive and
  557  disproportionate expenditures of public funds for crime
  558  prevention and punishment, public health, welfare and safety,
  559  fire and accident prevention, and other public services and
  560  facilities;
  561         (3) The public interest requires the remedying of these
  562  conditions by the creation of housing authorities to undertake
  563  projects for slum clearance and for providing safe and sanitary
  564  dwelling accommodations and access to essential commercial goods
  565  and services necessary for daily living for persons who lack
  566  sufficient income to enable them to live in decent, safe, and
  567  sanitary dwellings without overcrowding; and
  568         (4) Facilities made available by housing authorities to
  569  provide access to essential goods and services necessary for
  570  daily living for persons residing in housing projects are a
  571  critical component of those housing projects and constitute a
  572  public use and a governmental function; and
  573         (5)(4) Such housing projects, including all property of a
  574  housing authority used for or in connection therewith or
  575  appurtenant thereto and all property used to provide access to
  576  essential goods and services necessary for daily living for
  577  persons residing in such housing projects, are exclusively for
  578  public uses and municipal purposes and not for profit, and are
  579  governmental functions of state concern. As a matter of
  580  legislative determination, it is found and declared that the
  581  property and debentures of a housing authority are of such
  582  character as may be exempt from taxation.
  583         Section 11. Section 423.02, Florida Statutes, is amended to
  584  read:
  585         423.02 Housing projects exempted from taxes and
  586  assessments; payments in lieu thereof.—The housing projects,
  587  including all property of housing authorities used for or in
  588  connection therewith or appurtenant thereto, of housing
  589  authorities are shall be exempt from all taxes and special
  590  assessments of the state or any city, town, county, or political
  591  subdivision of the state., provided, However, that in lieu of
  592  such taxes or special assessments, a housing authority may agree
  593  to make payments to any city, town, county, or political
  594  subdivision of the state for services, improvements, or
  595  facilities furnished by such city, town, county, or political
  596  subdivision for the benefit of a housing project owned by the
  597  housing authority, but in no event shall such payments may not
  598  exceed the estimated cost to such city, town, county or
  599  political subdivision of the services, improvements, or
  600  facilities to be so furnished by the city, town, county, or
  601  political subdivision of the state. This section does not exempt
  602  the activities or property of a person that provides essential
  603  commercial goods and services; however, the real property of a
  604  housing authority which is used to provide access to essential
  605  commercial goods and services is exempt from ad valorem taxes
  606  and special assessments.
  607         Section 12. Subsection (48) is added to section 420.507,
  608  Florida Statutes, to read:
  609         420.507 Powers of the corporation.—The corporation shall
  610  have all the powers necessary or convenient to carry out and
  611  effectuate the purposes and provisions of this part, including
  612  the following powers which are in addition to all other powers
  613  granted by other provisions of this part:
  614         (48) To utilize up to 10 percent of its annual allocation
  615  of low-income housing tax credits, allocation of nontaxable
  616  revenue bonds, and State Apartment Incentive Loan Program funds
  617  appropriated by the Legislature and available to allocate by
  618  request for proposals or other competitive solicitation funding
  619  for high-priority affordable housing projects, such as housing
  620  to support economic development and job creation initiatives,
  621  housing for veterans and their families, and other special needs
  622  populations in communities throughout the state as determined by
  623  the corporation on an annual basis.
  624         Section 13. This act shall take effect July 1, 2012.