Senate Bill 1780

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



    Florida Senate - 2000                                  SB 1780

    By Senator McKay





    26-1046A-00                                             See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         138.10, F.S., relating to exemption from

  8         required referendum to change the county seat

  9         for counties having constructed a new

10         courthouse within 20 years; repealing s.

11         142.18, F.S., relating to the duty of county

12         commissioners to adopt forms required by a

13         provision of law that has been repealed;

14         repealing s. 252.935, F.S., relating to the

15         purpose of the Florida Accidental Release

16         Prevention and Risk Management Planning Act;

17         repealing chapter 424, F.S., relating to

18         regulation of limited dividend housing

19         companies; amending ss. 20.18, 420.102,

20         420.6015, 421.001, 422.001, and 423.001, F.S.;

21         deleting cross-references and related

22         definitions, to conform; providing an effective

23         date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 138.10, Florida Statutes, is

28  repealed.

29         Section 2.  Section 142.18, Florida Statutes, is

30  repealed.

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






    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1         Section 3.  Section 252.935, Florida Statutes, is

  2  repealed.

  3         Section 4.  Sections 424.001, 424.01, 424.02, 424.03,

  4  424.04, 424.05, 424.06, 424.07, 424.08, 424.09, 424.10,

  5  424.11, 424.12, 424.13, 424.14, 424.15, 424.16, 424.17,

  6  424.18, 424.19, 424.20, 424.21, and 424.22, Florida Statutes,

  7  are repealed.

  8         Section 5.  Subsection (5) of section 20.18, Florida

  9  Statutes, is amended to read:

10         20.18  Department of Community Affairs.--There is

11  created a Department of Community Affairs.

12         (5)  The role of state government required by part I of

13  chapter 421 (Housing Authorities Law), chapter 422 (Housing

14  Cooperation Law), and chapter 423 (tax exemption of housing

15  authorities), and chapter 424 (limited dividend housing

16  companies) is the responsibility of the Department of

17  Community Affairs; and the department is the agency of state

18  government responsible for the state's role in housing and

19  urban development.

20         Section 6.  Section 420.102, Florida Statutes, is

21  amended to read:

22         420.102  Definitions.--As used in this part, the

23  following words and terms have the following meanings unless

24  the context indicates another or different meaning or intent:

25         (1)  "Board of directors" means the board of directors

26  of the corporation created pursuant to this part.

27         (2)  "Consortium" means two or more mortgagees who

28  jointly negotiate and agree to provide home equity conversion

29  plans to elderly homeowners, on agreed-upon terms and

30  conditions.

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    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1         (3)  "Consumer housing cooperative" means a corporation

  2  incorporated pursuant to the provisions of the Florida General

  3  Corporation Law.

  4         (4)  "Corporation," as used in this part, means the

  5  Florida Housing Development Corporation created pursuant to

  6  this part.

  7         (5)  "Development costs" means the costs which have

  8  been approved by the agency as appropriate expenditures,

  9  including but not limited to:

10         (a)  Legal, organizational, marketing, and

11  administrative expenses;

12         (b)  Payment of fees for preliminary feasibility

13  studies and advances for planning, engineering, and

14  architectural work;

15         (c)  Expenses for surveys as to need and market

16  analyses;

17         (d)  Necessary application and other fees to federal

18  and other government agencies; and

19         (e)  Such other expenses as the agency may deem

20  appropriate to effectuate the purposes of this chapter.

21         (6)  "Financial institution" means any banking

22  corporation or trust company, savings and loan association,

23  insurance company, or related corporation, partnership,

24  foundation, or other institution engaged primarily in lending

25  or investing funds.

26         (7)  "Home equity conversion mortgage" means a reverse

27  mortgage loan made to an elderly homeowner which is secured by

28  a lien on real property.

29         (8)  "Lending institution" means a mortgage lender,

30  including any bank or trust company, savings bank, national

31  banking association, state or federal savings and loan

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






    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1  association, or building and loan association maintaining an

  2  office in this state or any insurance company authorized to

  3  transact business in this state or a corporation composed of

  4  such institutions.

  5         (9)  "Limited dividend housing association" means a

  6  limited dividend housing association, including general or

  7  limited partnerships, joint ventures, or trusts organized or

  8  qualified pursuant to the laws of this state.

  9         (10)  "Limited dividend housing corporation" means a

10  limited dividend housing corporation incorporated or qualified

11  pursuant to the provisions of the State Housing Law.

12         (9)(11)  "Low-income or moderate-income persons" means

13  families and persons who cannot afford, as defined by federal

14  law, to pay the amounts at which private enterprise is

15  providing a substantial supply of decent, safe, and sanitary

16  housing and fall within income limitations set by the agency

17  in its rules.

18         (10)(12)  "Nonprofit housing corporation" means a

19  nonprofit housing corporation incorporated pursuant to the

20  provisions of Florida law relating to corporations not for

21  profit.

22         (11)(13)  "Project" means a specific work or

23  improvement, including land, buildings, improvements, real and

24  personal property, or any interest therein, acquired, owned,

25  constructed, reconstructed, rehabilitated, or improved with

26  the financial assistance of the agency, including the

27  construction of low-income and moderate-income housing

28  facilities and facilities incident or appurtenant thereto,

29  such as streets, sewers, utilities, parks, site preparation,

30  landscaping, and such other administrative, community, and

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    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1  recreational facilities as the agency determines to be

  2  necessary, convenient, or desirable appurtenances.

  3         (12)(14)  "Real property" means lands, structures,

  4  franchises, and interests in land, including lands under water

  5  and riparian rights, space and air rights, and any and all

  6  other interests and rights usually included within such term.

  7  Real property also means and includes any and all interests in

  8  such property less than full title, such as easements,

  9  incorporeal hereditaments, and every estate, interest, or

10  right, legal or equitable, including terms for years and liens

11  thereon by way of judgments, mortgages, or otherwise, and also

12  all claims for damages for such real estate.

13         (13)(15)  "Secured loan" means a loan secured by a

14  mortgage or a security interest in a project.

15         (14)(16)  "State" means the State of Florida.

16         (15)(17)  "Stockholder" means any financial institution

17  authorized to do business within this state which undertakes

18  to lend money to the corporation created pursuant to this

19  part, upon its call, and in accordance with the provisions of

20  this chapter.

21         (18)  "Surplus," as used in this chapter, shall not be

22  deemed to include any increase in net worth of any limited

23  dividend housing corporation or limited dividend housing

24  association organized in accordance with the provisions of law

25  by amortization or similar payments, or by reason of the sale

26  or disposition of any assets of a limited dividend housing

27  corporation or limited dividend housing association, to the

28  extent such surplus can be attributed to any increase in

29  market value of any real property or tangible personal

30  property accruing during the period the assets were owned and

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    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1  held by the limited dividend housing corporation or limited

  2  dividend housing association.

  3         Section 7.  Section 420.6015, Florida Statutes, is

  4  amended to read:

  5         420.6015  Legislative findings.--In addition to the

  6  findings and declarations in ss. 420.0002, 420.502, 421.02,

  7  422.02, and 423.01, and 424.02, which are hereby reaffirmed,

  8  the Legislature finds that:

  9         (1)  Decent, safe, and sanitary housing for persons of

10  very low income, low income, and moderate income are a

11  critical need in the state.

12         (2)  New and rehabilitated housing must be provided at

13  a cost affordable to such persons in order to alleviate this

14  critical need.

15         (3)  The private sector housing construction industry

16  primarily produces housing units for middle-income households

17  and upper-income households and often has limited experience

18  in housing development which provides quality housing for

19  low-income persons in economically declining or distressed

20  areas.

21         (4)  Among other things, the high cost of project

22  financing tends to restrict the development of housing

23  affordable to very-low-income persons, low-income persons, and

24  moderate-income persons.

25         (5)  For these reasons, private capital and existing

26  state housing programs do not provide an adequate remedy to

27  this situation.

28         (6)  Special programs are needed to stimulate private

29  enterprise to build and rehabilitate housing in order to help

30  eradicate slum conditions and provide housing for

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    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1  very-low-income persons, low-income persons, and

  2  moderate-income persons as a matter of public purpose.

  3         (7)  Public-private partnerships are an essential means

  4  of bringing together resources to provide affordable housing.

  5         (8)  Through the Affordable Housing Catalyst Program

  6  and other program and staff resources, the department shall

  7  facilitate the mobilization of public and private resources to

  8  provide affordable housing through its responsibilities in the

  9  areas of housing, comprehensive planning, and community

10  assistance.

11         Section 8.  Section 421.001, Florida Statutes, is

12  amended to read:

13         421.001  State role in housing and urban

14  development.--The role of state government required by part I

15  of chapter 421 (Housing Authorities Law), chapter 422 (Housing

16  Cooperation Law), and chapter 423 (Tax Exemption of Housing

17  Authorities), and chapter 424 (Limited Dividend Housing

18  Companies) is the responsibility of the Department of

19  Community Affairs; and the department is the agency of state

20  government responsible for the state's role in housing and

21  urban development.

22         Section 9.  Section 422.001, Florida Statutes, is

23  amended to read:

24         422.001  State role in housing and urban

25  development.--The role of state government required by part I

26  of chapter 421 (Housing Authorities Law), chapter 422 (Housing

27  Cooperation Law), and chapter 423 (Tax Exemption of Housing

28  Authorities), and chapter 424 (Limited Dividend Housing

29  Companies) is the responsibility of the Department of

30  Community Affairs; and the department is the agency of state

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






    Florida Senate - 2000                                  SB 1780
    26-1046A-00                                             See HB




  1  government responsible for the state's role in housing and

  2  urban development.

  3         Section 10.  Section 423.001, Florida Statutes, is

  4  amended to read:

  5         423.001  State role in housing and urban

  6  development.--The role of state government required by part I

  7  of chapter 421 (Housing Authorities Law), chapter 422 (Housing

  8  Cooperation Law), and chapter 423 (Tax Exemption of Housing

  9  Authorities), and chapter 424 (Limited Dividend Housing

10  Companies) is the responsibility of the Department of

11  Community Affairs; and the department is the agency of state

12  government responsible for the state's role in housing and

13  urban development.

14         Section 11.  This act shall take effect upon becoming a

15  law.

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17            *****************************************

18                       LEGISLATIVE SUMMARY

19
      Repeals various statutory provisions that have become
20    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
21    Repeals provisions relating to exemption from required
      referendum to change the county seat for counties having
22    constructed a new courthouse within 20 years; the duty of
      county commissioners to adopt forms required by a
23    provision of law that has been repealed; the purpose of
      the Florida Accidental Release Prevention and Risk
24    Management Planning Act; and regulation of limited
      dividend housing companies.
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