| 1 | Representative Rivera offered the following: |
| 2 |
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| 3 | Amendment to Amendment (658001) (with title amendment) |
| 4 | Between lines 480 and 481, insert: |
| 5 | Section 6. Sections 6 through 20 of this act may be |
| 6 | referred to by the popular name the "Florida Homeownership Act |
| 7 | of 2004." |
| 8 | Section 7. Section 193.017, Florida Statutes, is created |
| 9 | to read: |
| 10 | 193.017 Low-income housing tax credit.--Property used for |
| 11 | affordable housing which has received a low-income housing tax |
| 12 | credit from the Florida Housing Finance Corporation, as |
| 13 | authorized by s. 420.5099, shall be assessed under s. 193.011 |
| 14 | and consistent with s. 420.5099(5) and (6), pursuant to this |
| 15 | section. |
| 16 | (1) The tax credits and the financing generated by the tax |
| 17 | credits may not be considered as income to the property. |
| 18 | (2) The actual rental income from rent-restricted units in |
| 19 | such a property shall be recognized by the property appraiser. |
| 20 | (3) Any costs paid for by tax credits and costs paid for |
| 21 | by additional financing proceeds received under chapter 420 may |
| 22 | not be included in the valuation of the property. |
| 23 | (4) If an extended low-income housing agreement is filed |
| 24 | in the official public records of the county in which the |
| 25 | property is located, the agreement and any recorded amendment or |
| 26 | supplement thereto shall be considered a land use regulation and |
| 27 | a limitation on the highest and best use of the property during |
| 28 | the term of the agreement, amendment, or supplement. |
| 29 | Section 8. Paragraph (f) of subsection (6) of section |
| 30 | 253.034, Florida Statutes, is amended to read: |
| 31 | 253.034 State-owned lands; uses.-- |
| 32 | (6) The Board of Trustees of the Internal Improvement |
| 33 | Trust Fund shall determine which lands, the title to which is |
| 34 | vested in the board, may be surplused. For conservation lands, |
| 35 | the board shall make a determination that the lands are no |
| 36 | longer needed for conservation purposes and may dispose of them |
| 37 | by an affirmative vote of at least three members. In the case of |
| 38 | a land exchange involving the disposition of conservation lands, |
| 39 | the board must determine by an affirmative vote of at least |
| 40 | three members that the exchange will result in a net positive |
| 41 | conservation benefit. For all other lands, the board shall make |
| 42 | a determination that the lands are no longer needed and may |
| 43 | dispose of them by an affirmative vote of at least three |
| 44 | members. |
| 45 | (f) In reviewing lands owned by the board, the council |
| 46 | shall consider whether such lands would be more appropriately |
| 47 | owned or managed by the county or other unit of local government |
| 48 | in which the land is located. The council shall recommend to the |
| 49 | board whether a sale, lease, or other conveyance to a local |
| 50 | government would be in the best interests of the state and local |
| 51 | government. The provisions of this paragraph in no way limit the |
| 52 | provisions of ss. 253.111 and 253.115. Such lands shall be |
| 53 | offered to the state, county, or local government for a period |
| 54 | of 30 days. Permittable uses for such surplus lands may include |
| 55 | public schools; public libraries; fire or law enforcement |
| 56 | substations; and governmental, judicial, or recreational |
| 57 | centers; and affordable housing. County or local government |
| 58 | requests for surplus lands shall be expedited throughout the |
| 59 | surplusing process. If the county or local government does not |
| 60 | elect to purchase such lands in accordance with s. 253.111, then |
| 61 | any surplusing determination involving other governmental |
| 62 | agencies shall be made upon the board deciding the best public |
| 63 | use of the lands. Surplus properties in which governmental |
| 64 | agencies have expressed no interest shall then be available for |
| 65 | sale on the private market. |
| 66 | Section 9. Subsection (5) is added to section 420.0003, |
| 67 | Florida Statutes, to read: |
| 68 | 420.0003 State housing strategy.-- |
| 69 | (5) HOUSING OPTIONS.--The affordable housing delivery |
| 70 | system shall provide for a variety of housing options as |
| 71 | appropriate, including, but not limited to, single family and |
| 72 | multifamily housing built according to chapter 553, manufactured |
| 73 | housing as defined in s. 320.01(2)(b), and housing coordinated |
| 74 | with services for special needs populations. |
| 75 | Section 10. Subsection (2) and paragraph (a) of subsection |
| 76 | (22) of section 420.507, Florida Statutes, are amended, and |
| 77 | subsections (42), (43), and (44) are added to said section, to |
| 78 | read: |
| 79 | 420.507 Powers of the corporation.--The corporation shall |
| 80 | have all the powers necessary or convenient to carry out and |
| 81 | effectuate the purposes and provisions of this part, including |
| 82 | the following powers which are in addition to all other powers |
| 83 | granted by other provisions of this part: |
| 84 | (2) To undertake and carry out studies and analyses of |
| 85 | housing needs within the state and ways of meeting those needs, |
| 86 | to determine whether supplies of affordable housing in various |
| 87 | markets may exceed future demands. |
| 88 | (22) To develop and administer the State Apartment |
| 89 | Incentive Loan Program. In developing and administering that |
| 90 | program, the corporation may: |
| 91 | (a) Make first, second, and other subordinated mortgage |
| 92 | loans including variable or fixed rate loans subject to |
| 93 | contingent interest for all State Apartment Incentive Loans |
| 94 | provided for in this chapter based upon available cash flow of |
| 95 | the projects. The corporation shall make loans exceeding 25 |
| 96 | percent of project cost available only to nonprofit |
| 97 | organizations and public bodies which are able to secure grants, |
| 98 | donations of land, or contributions from other sources and to |
| 99 | projects meeting the criteria of subparagraph 1. Mortgage loans |
| 100 | shall be made available at the following rates of interest: |
| 101 | 1. Zero to 3 percent interest for sponsors of projects |
| 102 | that set aside at least maintain an 80 percent occupancy of |
| 103 | their total units for residents qualifying as farmworkers as |
| 104 | defined in s. 420.503(18), or commercial fishing workers as |
| 105 | defined in s. 420.503(5), or the homeless as defined in s. |
| 106 | 420.621(4) over the life of the loan. |
| 107 | 2. Zero to 3 percent interest for projects that set aside |
| 108 | at least 80 percent of the project's total units for the |
| 109 | homeless as defined in s. 420.621(4), provided the board may set |
| 110 | the interest rate based on the pro rata share of units set aside |
| 111 | for homeless residents if the total of such units is less than |
| 112 | 80 percent of the units in the borrower's project. |
| 113 | 3.2. Three to 9 percent interest for sponsors of projects |
| 114 | targeted at populations other than farmworkers, commercial |
| 115 | fishing workers, and the homeless. |
| 116 | (42) To establish procedures by rule whereby the |
| 117 | corporation may intervene, negotiate terms, or undertake other |
| 118 | actions which the corporation deems necessary to avoid default |
| 119 | of a program loan. Such procedures must be fiscally responsible |
| 120 | and designed to maximize returns to the state. |
| 121 | (43) To promote single family homeownership in this state |
| 122 | and develop and implement a marketing plan in consultation with |
| 123 | local governments and state and federal agencies that includes |
| 124 | strategies such as advertising, homebuyer fairs, and homebuyer |
| 125 | education. |
| 126 | (44) To establish by rule requirements for periodic |
| 127 | reporting of data, including, but not limited to, financial |
| 128 | data, housing market data, detailed economic and physical |
| 129 | occupancy on multifamily projects, and demographic data on all |
| 130 | housing financed through corporation programs. |
| 131 | Section 11. Subsection (8) is added to section 420.508, |
| 132 | Florida Statutes, to read: |
| 133 | 420.508 Special powers; multifamily and single-family |
| 134 | projects.--The corporation shall have the special power to: |
| 135 | (8) Provide by rule for master lease agreements for |
| 136 | farmworker housing developments when and where appropriate to |
| 137 | ensure continuity and stability of housing for farmworker |
| 138 | populations. |
| 139 | Section 12. Subsection (3) and paragraph (m) of subsection |
| 140 | (6) of section 420.5087, Florida Statutes, are amended to read: |
| 141 | 420.5087 State Apartment Incentive Loan Program.--There is |
| 142 | hereby created the State Apartment Incentive Loan Program for |
| 143 | the purpose of providing first, second, or other subordinated |
| 144 | mortgage loans or loan guarantees to sponsors, including for- |
| 145 | profit, nonprofit, and public entities, to provide housing |
| 146 | affordable to very-low-income persons. |
| 147 | (3) During the first 6 months of loan or loan guarantee |
| 148 | availability, program funds shall be reserved for use by |
| 149 | sponsors who provide the housing set-aside required in |
| 150 | subsection (2) for the tenant groups designated in this |
| 151 | subsection. The reservation of funds to each of these groups |
| 152 | shall be determined using the most recent statewide very-low- |
| 153 | income rental housing market study available at the time of |
| 154 | publication of each notice of fund availability required by |
| 155 | paragraph (6)(b). The reservation of funds within each notice of |
| 156 | fund availability to the tenant groups in paragraphs (a), (b), |
| 157 | and (d) may not be less than 10 percent of the funds available |
| 158 | at that time. Any increase in funding required to reach the 10- |
| 159 | percent minimum shall be taken from the tenant group that has |
| 160 | the largest reservation. The reservation of funds within each |
| 161 | notice of fund availability to the tenant group in paragraph (c) |
| 162 | may not be less than 5 percent of the funds available at that |
| 163 | time. The tenant groups are: |
| 164 | (a) Commercial fishing workers and farmworkers; |
| 165 | (b) Families; |
| 166 | (c) Persons who are homeless; and |
| 167 | (d) Elderly persons. Ten percent of the amount reserved |
| 168 | for the elderly shall be reserved to provide loans to sponsors |
| 169 | of housing for the elderly for the purpose of making building |
| 170 | preservation, health, or sanitation repairs or improvements |
| 171 | which are required by federal, state, or local regulation or |
| 172 | code, or lifesafety or security-related repairs or improvements |
| 173 | to such housing. Such a loan may not exceed $500,000 $200,000 |
| 174 | per housing community for the elderly. In order to receive the |
| 175 | loan, the sponsor of the housing community must make a |
| 176 | commitment to match at least 15 percent of the loan amount to |
| 177 | pay the cost of such repair or improvement. The corporation |
| 178 | shall establish the rate of interest on the loan, which may not |
| 179 | exceed 3 percent, and the term of the loan, which may not exceed |
| 180 | 15 years. The term of the loan shall be established on the basis |
| 181 | of a credit analysis of the applicant. The corporation shall |
| 182 | establish, by rule, the procedure and criteria for receiving, |
| 183 | evaluating, and competitively ranking all applications for loans |
| 184 | under this paragraph. A loan application must include evidence |
| 185 | of the first mortgagee's having reviewed and approved the |
| 186 | sponsor's intent to apply for a loan. A nonprofit organization |
| 187 | or sponsor may not use the proceeds of the loan to pay for |
| 188 | administrative costs, routine maintenance, or new construction. |
| 189 | (6) On all state apartment incentive loans, except loans |
| 190 | made to housing communities for the elderly to provide for |
| 191 | lifesafety, building preservation, health, sanitation, or |
| 192 | security-related repairs or improvements, the following |
| 193 | provisions shall apply: |
| 194 | (m) Sponsors shall annually certify, according to |
| 195 | requirements provided by the corporation by rule, the adjusted |
| 196 | gross income of all persons or families qualified under |
| 197 | subsection (2) at the time of initial occupancy, who are |
| 198 | residing in a project funded by this program. All persons or |
| 199 | families qualified under subsection (2) may continue to qualify |
| 200 | under subsection (2) in a project funded by this program if the |
| 201 | adjusted gross income of those persons or families at the time |
| 202 | of annual recertification meets the requirements established in |
| 203 | s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as |
| 204 | amended. If the annual recertification of persons or families |
| 205 | qualifying under subsection (2) results in noncompliance with |
| 206 | income occupancy requirements, the next available unit must be |
| 207 | rented to a person or family qualifying under subsection (2) in |
| 208 | order to ensure continuing compliance of the project. |
| 209 | Section 13. Subsection (3) of section 420.511, Florida |
| 210 | Statutes, is amended to read: |
| 211 | 420.511 Business plan; strategic plan; annual report.-- |
| 212 | (3) The corporation shall submit to the Governor and the |
| 213 | presiding officers of each house of the Legislature, within 2 |
| 214 | months after the end of its fiscal year, a complete and detailed |
| 215 | report setting forth: |
| 216 | (a) Its operations and accomplishments.; |
| 217 | (b) Changes made to the rules of the corporation pursuant |
| 218 | to s. 120.54. |
| 219 | (c)(b) Its receipts and expenditures during its fiscal |
| 220 | year in accordance with the categories or classifications |
| 221 | established by the corporation for its operating and capital |
| 222 | outlay purposes.; |
| 223 | (d)(c) Its assets and liabilities at the end of its fiscal |
| 224 | year and the status of reserve, special, or other funds.; |
| 225 | (e)(d) A schedule of its bonds outstanding at the end of |
| 226 | its fiscal year, together with a statement of the principal |
| 227 | amounts of bonds issued and redeemed during the fiscal year.; |
| 228 | and |
| 229 | (f)(e) Information relating to the corporation's |
| 230 | activities in implementing the provisions of ss. 420.5087 and |
| 231 | 420.5088. The report required by this subsection shall include, |
| 232 | but not be limited to: |
| 233 | 1. The number of people served, delineated by income, age, |
| 234 | family size, and racial characteristics. |
| 235 | 2. The number of units produced under each program. |
| 236 | 3. The average cost of producing units under each program. |
| 237 | 4. The average sales price of single-family units financed |
| 238 | under s. 420.5088. |
| 239 | 5. The average amount of rent charged based on unit size |
| 240 | on units financed under s. 420.5087. |
| 241 | 6. The number of persons in rural communities served under |
| 242 | each program. |
| 243 | 7. The number of farmworkers served under each program. |
| 244 | 8. The number of homeless persons served under each |
| 245 | program. |
| 246 | 9. The number of elderly persons served under each |
| 247 | program. |
| 248 | 10. The extent to which geographic distribution has been |
| 249 | achieved in accordance with the provisions of s. 420.5087. |
| 250 | 11. Any other information the corporation deems |
| 251 | appropriate. |
| 252 | (g) Information relating to the corporation's Florida |
| 253 | Affordable Housing Guarantee Program as created by s. 420.5092. |
| 254 | The report required by this subsection shall include, but not be |
| 255 | limited to: |
| 256 | 1. A status at the end of the most recently completed |
| 257 | fiscal year of the total amount of revenue bonds issued by the |
| 258 | corporation under s. 420.5092, the principal and interest due on |
| 259 | such bonds for the reporting period, the total amount of such |
| 260 | bonds redeemed during the reporting period, and the interest |
| 261 | earned by the investment of the funds from such revenue bonds |
| 262 | during the reporting period. |
| 263 | 2. A list of all stabilized properties at the end of the |
| 264 | most recently completed fiscal year guaranteed by the Florida |
| 265 | Affordable Housing Guarantee Program, which includes the city |
| 266 | and county, the total number of units constructed, the quarterly |
| 267 | occupancy rates expressed as percentages for the fiscal year, |
| 268 | the total principal and interest due for the fiscal year, the |
| 269 | principal and interest paid for the fiscal year, and the Florida |
| 270 | Affordable Housing Guarantee Program's total outstanding |
| 271 | obligation at the end of the fiscal year. |
| 272 | Section 14. Paragraph (a) of subsection (1) of section |
| 273 | 420.9072, Florida Statutes, is amended to read: |
| 274 | 420.9072 State Housing Initiatives Partnership |
| 275 | Program.--The State Housing Initiatives Partnership Program is |
| 276 | The State Housing Initiatives Partnership Program is created for |
| 277 | the purpose of providing funds to counties and eligible |
| 278 | municipalities as an incentive for the creation of local housing |
| 279 | partnerships, to expand production of and preserve affordable |
| 280 | housing, to further the housing element of the local government |
| 281 | comprehensive plan specific to affordable housing, and to |
| 282 | increase housing-related employment. |
| 283 | (1)(a) In addition to the legislative findings set forth |
| 284 | in s. 420.6015, the Legislature finds that affordable housing is |
| 285 | most effectively provided by combining available public and |
| 286 | private resources to conserve and improve existing housing and |
| 287 | provide new housing for very-low-income households, low-income |
| 288 | households, and moderate-income households. The Legislature |
| 289 | intends to encourage partnerships in order to secure the |
| 290 | benefits of cooperation by the public and private sectors and to |
| 291 | reduce the cost of housing for the target group by effectively |
| 292 | combining all available resources and cost-saving measures. The |
| 293 | Legislature further intends that local governments achieve this |
| 294 | combination of resources by encouraging active partnerships |
| 295 | between government, lenders, builders and developers, real |
| 296 | estate professionals, advocates for low-income persons, and |
| 297 | community groups to produce affordable housing and provide |
| 298 | related services. Extending the partnership concept to encompass |
| 299 | cooperative efforts among small counties as defined in s. |
| 300 | 120.52(17), and among counties and municipalities is |
| 301 | specifically encouraged. Local governments are also intended to |
| 302 | establish and retain an affordable housing advisory committee to |
| 303 | recommend monetary and nonmonetary incentives for affordable |
| 304 | housing as provided in s. 420.9076. |
| 305 | Section 15. Subsection (2) of section 420.9076, Florida |
| 306 | Statutes, is amended, present subsections (3) through (7) of |
| 307 | said section are renumbered as subsections (4) through (8), |
| 308 | respectively, new subsections (3) and (9) are added to said |
| 309 | section, and paragraphs (k) and (l) are added to present |
| 310 | subsection (4) of said section, to read: |
| 311 | 420.9076 Adoption of affordable housing incentive |
| 312 | strategies; committees.-- |
| 313 | (2) The governing board of a county or municipality shall |
| 314 | appoint the members of the affordable housing advisory committee |
| 315 | by resolution. Pursuant to the terms of any interlocal |
| 316 | agreement, a county and municipality may create and jointly |
| 317 | appoint an advisory committee to prepare a joint plan. The |
| 318 | ordinance adopted pursuant to s. 420.9072 which creates the |
| 319 | advisory committee or the resolution appointing the advisory |
| 320 | committee members must provide for a minimum of nine committee |
| 321 | members and their terms. The committee must include: |
| 322 | (a) One citizen who is actively engaged in the residential |
| 323 | home building industry in connection with affordable housing. |
| 324 | (b) One citizen who is actively engaged in the banking or |
| 325 | mortgage banking industry in connection with affordable housing. |
| 326 | (c) One citizen who is a representative of those areas of |
| 327 | labor actively engaged in home building in connection with |
| 328 | affordable housing. |
| 329 | (d) One citizen who is actively engaged as an advocate for |
| 330 | low-income persons in connection with affordable housing. |
| 331 | (e) One citizen who is actively engaged as a for-profit |
| 332 | provider of affordable housing. |
| 333 | (f) One citizen who is actively engaged as a not-for- |
| 334 | profit provider of affordable housing. |
| 335 | (g) One citizen who is actively engaged as a real estate |
| 336 | professional in connection with affordable housing. |
| 337 | (h) One citizen who actively serves on the local planning |
| 338 | agency pursuant to s. 163.3174. |
| 339 | (i) One citizen who resides within the jurisdiction of the |
| 340 | local governing body making the appointments. |
| 341 |
|
| 342 | Any additional committee members must be citizens within the |
| 343 | jurisdiction of the local governing body making the |
| 344 | appointments. If a county or eligible municipality whether due |
| 345 | to its small size, the presence of a conflict of interest by |
| 346 | prospective appointees, or other reasonable factor, is unable to |
| 347 | appoint a citizen actively engaged in these activities in |
| 348 | connection with affordable housing, a citizen engaged in the |
| 349 | activity without regard to affordable housing may be appointed. |
| 350 | (3) Each county or eligible municipality participating in |
| 351 | the State Housing Initiatives Partnership Program must maintain |
| 352 | an operational affordable housing advisory committee. |
| 353 | (5)(4) The advisory committee shall review the established |
| 354 | policies and procedures, ordinances, land development |
| 355 | regulations, and adopted local government comprehensive plan of |
| 356 | the appointing local government and shall recommend specific |
| 357 | initiatives to encourage or facilitate affordable housing while |
| 358 | protecting the ability of the property to appreciate in value. |
| 359 | Such recommendations may include the modification or repeal of |
| 360 | existing policies, procedures, ordinances, regulations, or plan |
| 361 | provisions; the creation of exceptions applicable to affordable |
| 362 | housing; or the adoption of new policies, procedures, |
| 363 | regulations, ordinances, or plan provisions. At a minimum, each |
| 364 | advisory committee shall make recommendations on affordable |
| 365 | housing incentives in the following areas: |
| 366 | (k) The review of the housing element of the local |
| 367 | government comprehensive plan pursuant to chapter 163 and the |
| 368 | Local Housing Assistance Plan. |
| 369 | (l) Actions as liaison between local governing councils |
| 370 | and commissions and the general public. |
| 371 |
|
| 372 | The advisory committee recommendations must also include other |
| 373 | affordable housing incentives identified by the advisory |
| 374 | committee. |
| 375 | (9) The advisory committee shall have a continuing |
| 376 | function as an oversight committee for the implementation of the |
| 377 | local housing assistance plan and incentive strategies. The |
| 378 | advisory committee shall meet no less than annually to review |
| 379 | the local housing assistance plan and incentive strategies to |
| 380 | provide recommendations to the appointing local government in |
| 381 | regard to its housing strategies and incentives. |
| 382 | Section 16. Subsection (2) of section 421.02, Florida |
| 383 | Statutes, is amended to read: |
| 384 | 421.02 Finding and declaration of necessity.--It is hereby |
| 385 | declared that: |
| 386 | (2) Blighted Slum areas in the state cannot be revitalized |
| 387 | cleared, nor can the shortage of safe and sanitary dwellings for |
| 388 | persons of low income be relieved, through the operation of |
| 389 | private enterprise, and that the construction of housing |
| 390 | projects for persons of low income, as herein defined, would |
| 391 | therefore not be competitive with private enterprise. |
| 392 | Section 17. Subsection (8) of section 421.08, Florida |
| 393 | Statutes, is renumbered as subsection (10), and new subsections |
| 394 | (8) and (9) are added to said section, to read: |
| 395 | 421.08 Powers of authority.--An authority shall constitute |
| 396 | a public body corporate and politic, exercising the public and |
| 397 | essential governmental functions set forth in this chapter, and |
| 398 | having all the powers necessary or convenient to carry out and |
| 399 | effectuate the purpose and provisions of this chapter, including |
| 400 | the following powers in addition to others herein granted: |
| 401 | (8) To create for-profit and not-for-profit corporations, |
| 402 | limited liability companies, and such other business entities |
| 403 | pursuant to the laws of this state in which housing authorities |
| 404 | may hold an ownership interest or participate in their |
| 405 | governance to engage in the development, acquisition, leasing, |
| 406 | construction, rehabilitation, management, or operation of |
| 407 | multifamily and single-family residential projects. These |
| 408 | projects may include nonresidential uses and may use public and |
| 409 | private funds to serve individuals or families who meet the |
| 410 | applicable income requirements of the state or federal program |
| 411 | involved, whose income does not exceed 150 percent of the |
| 412 | applicable Area Median Income as established by the United |
| 413 | States Department of Housing and Urban Development, and who, in |
| 414 | the determination of the housing authority, lack sufficient |
| 415 | income or assets to enable them to purchase or rent decent, |
| 416 | safe, and sanitary dwelling. These corporations, limited |
| 417 | liability companies, or other business entities are authorized |
| 418 | and empowered to join partnerships, joint ventures, or limited |
| 419 | liability companies or to otherwise engage with business |
| 420 | entities in the development, acquisition, leasing, construction, |
| 421 | rehabilitation, management, or operation of such projects. The |
| 422 | creation of such corporations, limited liability companies, or |
| 423 | other business entities by housing authorities for the purposes |
| 424 | set forth in this chapter together with all proceedings, acts, |
| 425 | and things theretofor undertaken, performed, or done are hereby |
| 426 | validated, ratified, confirmed, approved, and declared legal in |
| 427 | all respects. |
| 428 | (9) Notwithstanding the provisions for per diem and travel |
| 429 | expenses of public officers, employees, and authorized persons |
| 430 | set forth in s. 112.061, the governing board of an authority may |
| 431 | approve and implement policies for per diem, travel, and other |
| 432 | expenses of its officials, officers, board members, employees, |
| 433 | and authorized persons in a manner consistent with federal |
| 434 | guidelines. |
| 435 | Section 18. Section 421.09, Florida Statutes, is amended |
| 436 | to read: |
| 437 | 421.09 Operation not for profit.--It is the policy of this |
| 438 | state that each housing authority shall manage and operate its |
| 439 | housing projects in an efficient manner so as to enable it to |
| 440 | fix the rentals for dwelling accommodations at the lowest |
| 441 | possible rates consistent with its providing decent, safe and |
| 442 | sanitary dwelling accommodations, and that no housing authority |
| 443 | shall construct or operate any such project for profit, or as a |
| 444 | source of revenue to the city. To this end an authority shall |
| 445 | fix the rentals for dwellings in its project at no higher rate |
| 446 | than it shall find to be necessary in order to produce revenues |
| 447 | which, together with all other available moneys, revenue, income |
| 448 | and receipts of the authority from whatever sources derived, |
| 449 | will be sufficient: |
| 450 | (1) To pay, as the same shall become due, the principal |
| 451 | and interest on the debentures of the authority; |
| 452 | (2) To meet the cost of, and to provide for, maintaining |
| 453 | and operating the projects, including the cost of any insurance, |
| 454 | and the administrative expenses of the authority; and |
| 455 | (3) To create, during not less than the 6 years |
| 456 | immediately succeeding its issuance of any debentures, a reserve |
| 457 | sufficient to meet the largest principal and interest payments |
| 458 | which will be due on such debentures in any one year thereafter, |
| 459 | and to maintain such reserve. |
| 460 |
|
| 461 | This section shall in no way prohibit or restrict the activities |
| 462 | or operations of the business entities created pursuant to s. |
| 463 | 421.08(8). |
| 464 | Section 19. Section 421.23, Florida Statutes, is amended |
| 465 | to read: |
| 466 | 421.23 Liabilities of authority.--In no event shall the |
| 467 | liabilities, whether ex contractu or ex delicto, of an authority |
| 468 | arising from the operation of its housing projects, be payable |
| 469 | from any funds other than the rents, fees, or revenues of such |
| 470 | projects and any grants or subsidies paid to such authority by |
| 471 | the Federal Government, unless such other funds are lawfully |
| 472 | pledged by the authority's governing board. |
| 473 | Section 20. Section 421.54, Florida Statutes, is repealed. |
| 474 |
|
| 475 | ================= T I T L E A M E N D M E N T ================= |
| 476 | Remove the entire title and insert: |
| 477 | An act relating to the community contribution tax credit |
| 478 | program and affordable housing; amending s. 212.08, F.S.; |
| 479 | requiring the Office of Tourism, Trade, and Economic |
| 480 | Development to reserve portions of certain annual tax |
| 481 | credits for eligible sponsors of certain low-income |
| 482 | housing projects; providing requirements, criteria, and |
| 483 | limitations; amending s. 220.03, F.S.; revising a |
| 484 | definition to delete a provision authorizing the office to |
| 485 | reserve certain portions of available annual tax credits |
| 486 | for certain low-income housing purposes; amending s. |
| 487 | 220.183, F.S.; increasing the amount of available annual |
| 488 | community contribution tax credits; revising eligibility |
| 489 | criteria; requiring the Office of Tourism, Trade, and |
| 490 | Economic Development to reserve portions of certain annual |
| 491 | tax credits for eligible sponsors of certain low-income |
| 492 | housing projects; providing requirements, criteria, and |
| 493 | limitations; amending s. 624.5105, F.S.; increasing the |
| 494 | amount of available annual community contribution tax |
| 495 | credits; revising eligibility criteria; requiring the |
| 496 | Office of Tourism, Trade, and Economic Development to |
| 497 | reserve portions of certain annual tax credits for |
| 498 | eligible sponsors of certain low-income housing projects; |
| 499 | providing requirements, criteria, and limitations; |
| 500 | amending s. 212.055, F.S., relating to the local |
| 501 | government infrastructure surtax; deleting a limitation on |
| 502 | issuing bonds; providing a popular name; creating s. |
| 503 | 193.017, F.S.; providing for a low-income housing tax |
| 504 | credit for certain property used for affordable housing; |
| 505 | providing criteria, restrictions, and limitations; |
| 506 | amending s. 253.034, F.S.; including affordable housing |
| 507 | under provisions governing permittable uses of certain |
| 508 | surplus state-owned lands; amending s. 420.0003, F.S.; |
| 509 | providing additional criteria for the affordable housing |
| 510 | delivery system under the state housing strategy; amending |
| 511 | s. 420.507, F.S.; revising powers of the Florida Housing |
| 512 | Finance Corporation to provide additional criteria and |
| 513 | requirements for certain housing projects; providing |
| 514 | additional powers to promote single family homeownership |
| 515 | and establish requirements for reporting certain |
| 516 | information relating to programs of the corporation; |
| 517 | amending s. 420.508, F.S.; providing the corporation with |
| 518 | special powers to provide for master lease agreements for |
| 519 | farmworker housing developments for certain purposes; |
| 520 | amending s. 420.5087, F.S.; increasing a cap for loans per |
| 521 | housing community for the elderly; revising a criterion |
| 522 | for state apartment incentive loans; amending s. 420.511, |
| 523 | F.S.; providing additional requirements for an annual |
| 524 | report by the corporation; amending s. 420.9072, F.S.; |
| 525 | providing additional legislative intent relating to local |
| 526 | government affordable housing advisory committees; |
| 527 | amending s. 420.9076, F.S.; providing for a minimum number |
| 528 | of affordable housing advisory committee members; |
| 529 | providing a criterion for additional members; requiring |
| 530 | counties and municipalities participating in the State |
| 531 | Housing Initiative Partnership Program to maintain an |
| 532 | operational advisory committee; providing additional |
| 533 | recommendation requirements for such advisory committees; |
| 534 | providing additional duties of the advisory committees; |
| 535 | amending s. 421.02, F.S.; revising a legislative |
| 536 | declaration relating to blighted areas; amending s. |
| 537 | 421.08, F.S.; authorizing certain housing authorities to |
| 538 | create business entities for certain purposes; providing |
| 539 | requirements and limitations; authorizing such authorities |
| 540 | to provide for per diem, travel, and other expenses; |
| 541 | amending s. 421.09, F.S.; providing construction; amending |
| 542 | s. 421.23, F.S.; revising a limitation on financial |
| 543 | liabilities of such authorities; repealing s. 421.54, |
| 544 | F.S., relating to housing authorities in Orange County and |
| 545 | Seminole County; providing an effective date. |