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





                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  Representative(s) Greenstein offered the following:

12

13         Substitute Amendment for Amendment (261043) (with title

14  amendment) 

15  remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (1) of section 196.1975, Florida

19  Statutes, is amended to read:

20         196.1975  Exemption for property used by nonprofit

21  homes for the aged.--Nonprofit homes for the aged are exempt

22  to the extent that they meet the following criteria:

23         (1)  The applicant must be a corporation not for profit

24  that has been exempt as of January 1 of the year for which

25  exemption from ad valorem property taxes is requested from

26  federal income taxation by having qualified as an exempt

27  charitable organization under the provisions of s. 501(c)(3)

28  of the Internal Revenue Code of 1954 or of the corresponding

29  section of a subsequently enacted federal revenue act.  A

30  corporation will not be disqualified under this subsection if,

31  for purposes of allocating tax credits, under s. 42(h)(5) of

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  the Internal Revenue Code of 1986, by the Florida Housing

 2  Finance Agency as defined by s. 420.0004(4), the property is

 3  leased to or owned by a Florida limited partnership, the sole

 4  general partner of which is the nonprofit corporation, and the

 5  home for the aged was in existence or under construction on or

 6  before April 1, 1995.

 7         Section 2.  Section 196.1978, Florida Statutes, is

 8  created to read:

 9         196.1978  Exemption for property used to provide

10  certain housing.--Property used to provide housing pursuant to

11  any state housing program authorized under chapter 420 or part

12  IV of chapter 159 or pursuant to a similar Federal Government

13  affordable housing program for eligible persons defined under

14  s. 420.0004(7), (9), (10), or (14) or under s. 159.603(7),

15  which property is owned entirely by a nonprofit corporation or

16  its wholly owned nonprofit subsidiary which is qualified as

17  charitable under s. 501(c)(3) of the Internal Revenue Code and

18  which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall

19  be considered property owned by an exempt entity and used for

20  a charitable purpose, and such property shall be exempt from

21  ad valorem taxation. All property identified in this section

22  shall comply with the criteria for determination of exempt

23  status to be applied by property appraisers on an annual basis

24  as defined in s. 196.195.

25         Section 3.  Subsection (19) of section 420.503, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         420.503  Definitions.--As used in this part, the term:

28         (19)  "Housing for the elderly" means, for purposes of

29  s. 420.5087(3)(c)2., any nonprofit housing community that is

30  financed by a mortgage loan made or insured by the United

31  States Department of Housing and Urban Development under s.

                                  2

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

 2  236 of the National Housing Act, as amended, and that is

 3  subject to income limitations established by the United States

 4  Department of Housing and Urban Development, or any program

 5  funded by the Rural Development Agency of the United States

 6  Department of Agriculture and subject to income limitations

 7  established by the United States Department of Agriculture. A

 8  project which qualifies for an exemption under the Fair

 9  Housing Act as housing for older persons as defined by s.

10  760.29(4) shall qualify as housing for the elderly for

11  purposes of s. 420.5087(3)(c)2. In addition, if the

12  corporation adopts a qualified allocation plan pursuant to s.

13  42(m)(1)(B) of the Internal Revenue Code or any other rules

14  that prioritize projects targeting the elderly for purposes of

15  allocating tax credits pursuant to s. 420.5099 or for purposes

16  of the HOME program under s. 420.5089, a project which

17  qualifies for an exemption under the Fair Housing Act as

18  housing for older persons as defined by s. 760.29(4) shall

19  qualify as a project targeted for the elderly, if the project

20  satisfies the other requirements set forth in this part.

21         Section 4.  Subsections (1) and (5) of section

22  420.5087, Florida Statutes, 1998 Supplement, are amended to

23  read:

24         420.5087  State Apartment Incentive Loan

25  Program.--There is hereby created the State Apartment

26  Incentive Loan Program for the purpose of providing first,

27  second, or other subordinated mortgage loans or loan

28  guarantees to sponsors, including for-profit, nonprofit, and

29  public entities, to provide housing affordable to

30  very-low-income persons.

31         (1)  Program funds shall be distributed over successive

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  3-year periods in a manner that meets the need and demand for

 2  very-low-income housing throughout the state.  That need and

 3  demand must be determined by using the most recent statewide

 4  low-income rental housing market studies available at the

 5  beginning of each 3-year period.  However, at least 10 percent

 6  of the program funds distributed during a 3-year period must

 7  be allocated to each of the following categories of counties,

 8  as determined by using the population statistics published in

 9  the most recent edition of the Florida Statistical Abstract:

10         (a)  Counties that have a population of more than

11  500,000 people;

12         (b)  Counties that have a population between 100,000

13  and 500,000 people; and

14         (c)  Counties that have a population of 100,000 or

15  less.

16

17  Any increase in funding required to reach the 10-percent

18  minimum shall be taken from the county category that has the

19  largest allocation. The corporation shall adopt rules which

20  establish an equitable process for distributing any portion of

21  the 10 percent of program funds allocated to the county

22  categories specified in this subsection which remains

23  unallocated at the end of a 3-year period.  Counties that have

24  a population of 100,000 or less shall be given preference

25  under these rules.

26         (5)  The amount of the mortgage provided under this

27  program combined with any other mortgage in a superior

28  position shall be less than the value of the project without

29  the housing set-aside required by subsection (2). However, the

30  corporation may waive this requirement for projects in rural

31  areas or urban infill areas which have market rate rents that

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  are less than the allowable rents pursuant to applicable state

 2  and federal guidelines. In no event shall the mortgage

 3  provided under this program combined with any other mortgage

 4  in a superior position exceed total project cost.

 5         Section 5.  Paragraph (b) of subsection (4) of section

 6  760.29, Florida Statutes, is amended to read:

 7         760.29  Exemptions.--

 8         (4)

 9         (b)  As used in this subsection, the term "housing for

10  older persons" means housing:

11         1.  Provided under any state or federal program that

12  the commission determines is specifically designed and

13  operated to assist elderly persons, as defined in the state or

14  federal program;

15         2.  Intended for, and solely occupied by, persons 62

16  years of age or older; or

17         3.  Intended and operated for occupancy by persons 55

18  years of age or older that meets the following requirements:

19         a.  At least 80 percent of the occupied units are

20  occupied by at least one person 55 years of age or older.

21         b.  The housing facility or community publishes and

22  adheres to policies and procedures that demonstrate the intent

23  required under this subparagraph. If the housing facility or

24  community meets the requirements of sub-subparagraphs a. and

25  c. and the recorded governing documents provide for an adult,

26  senior, or retirement housing facility or community and the

27  governing documents lack an amendatory procedure, prohibit

28  amendments, or restrict amendments until a specified future

29  date, then that housing facility or community shall be deemed

30  housing for older persons intended and operated for occupancy

31  by persons 55 years of age or older. If those documents

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  further provide a prohibition against residents 16 years of

 2  age or younger, that provision shall be construed, for

 3  purposes of the Fair Housing Act, to only apply to residents

 4  18 years of age or younger, in order to conform with federal

 5  law requirements. Governing documents which can be amended at

 6  a future date must be amended and properly recorded within 1

 7  year after that date to reflect the requirements for

 8  consideration as housing for older persons, if that housing

 9  facility or community intends to continue as housing for older

10  persons.

11         c.  The housing facility or community complies with

12  rules made by the Secretary of the United States Department of

13  Housing and Urban Development pursuant to 24 C.F.R. part 100

14  for verification of occupancy, which rules provide for

15  verification by reliable surveys and affidavits and include

16  examples of the types of policies and procedures relevant to a

17  determination of compliance with the requirements of

18  sub-subparagraph b.  Such surveys and affidavits are

19  admissible in administrative and judicial proceedings for the

20  purposes of such verification.

21

22  A county or municipal ordinance regarding housing for older

23  persons may not contravene the provisions of this subsection.

24         Section 6.  If any provision of this act or its

25  application to any particular person or circumstance is held

26  invalid, that provision or its application is severable and

27  does not affect the validity of other provisions or

28  applications of this act.

29         Section 7.  This act shall take effect upon becoming a

30  law.

31

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove:  the entire title

 4

 5  and insert in lieu thereof:

 6                      A bill to be entitled

 7         An act relating to housing; amending s.

 8         196.1975, F.S., relating to the ad valorem tax

 9         exemption for property used by nonprofit homes

10         for the aged; revising provisions which provide

11         conditions under which certain corporations are

12         not disqualified from said exemption; creating

13         s. 196.1978, F.S.; providing that property used

14         to provide housing for certain persons under

15         ch. 420, F.S., or part IV of ch. 159, F.S., or

16         similar federal affordable housing programs,

17         and owned by certain nonprofit corporations or

18         their nonprofit subsidiaries, is exempt from ad

19         valorem taxation; amending s. 420.503, F.S.;

20         providing that certain projects shall qualify

21         as housing for the elderly for purposes of

22         certain loans under the State Apartment

23         Incentive Loan Program, and shall qualify as a

24         project targeted for the elderly in connection

25         with allocation of low-income housing tax

26         credits and with the HOME program under certain

27         conditions; amending s. 420.5087, F.S.;

28         directing the Florida Housing Finance

29         Corporation to adopt rules for the equitable

30         distribution of certain unallocated funds under

31         the State Apartment Incentive Loan Program;

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                                                   HOUSE AMENDMENT

    706-104BXA-06                               Bill No. CS/HB 475

    Amendment No.     (for drafter's use only)





 1         authorizing the corporation to waive a mortgage

 2         limitation under said program for projects in

 3         certain areas; amending s. 760.29, F.S.;

 4         providing that certain housing facilities or

 5         communities shall be deemed housing for older

 6         persons under the Fair Housing Act despite

 7         specified provisions in the document which

 8         governs deed restrictions pertaining to that

 9         facility or community; providing for

10         severability; providing an effective date.

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