HB 0109

1	A bill to be entitled
2	An act relating to affordable community improvement;
3	amending s. 212.08, F.S.; requiring the Office of Tourism,
4	Trade, and Economic Development to reserve portions of
5	certain annual tax credits for eligible sponsors of
6	certain low-income housing projects; providing
7	requirements, criteria, and limitations; amending s.
8	220.03, F.S.; revising a definition to delete a provision
9	authorizing the office to reserve certain portions of
10	available annual tax credits for certain low-income
11	housing purposes; amending s. 220.183, F.S.; increasing
12	the amount of available annual community contribution tax
13	credits; revising eligibility criteria; requiring the
14	Office of Tourism, Trade, and Economic Development to
15	reserve portions of certain annual tax credits for
16	eligible sponsors of certain low-income housing projects;
17	providing requirements, criteria, and limitations;
18	amending s. 624.5105, F.S.; increasing the amount of
19	available annual community contribution tax credits;
20	revising eligibility criteria; requiring the Office of
21	Tourism, Trade, and Economic Development to reserve
22	portions of certain annual tax credits for eligible
23	sponsors of certain low-income housing projects; providing
24	requirements, criteria, and limitations; amending s.
25	212.055, F.S., relating to the local government
26	infrastructure surtax; deleting a limitation on issuing
27	bonds; providing a popular name; creating s. 193.017,
28	F.S.; providing for a low-income housing tax credit for
29	certain property used for affordable housing; providing
30	criteria, restrictions, and limitations; amending s.
31	253.034, F.S.; including affordable housing under
32	provisions governing permittable uses of certain surplus
33	state-owned lands; amending s. 420.0003, F.S.; providing
34	additional criteria for the affordable housing delivery
35	system under the state housing strategy; amending s.
36	420.507, F.S.; revising powers of the Florida Housing
37	Finance Corporation to provide additional criteria and
38	requirements for certain housing projects; providing
39	additional powers to promote single family homeownership
40	and establish requirements for reporting certain
41	information relating to programs of the corporation;
42	amending s. 420.508, F.S.; providing the corporation with
43	special powers to provide for master lease agreements for
44	farmworker housing developments for certain purposes;
45	amending s. 420.5087, F.S.; increasing a cap for loans per
46	housing community for the elderly; revising a criterion
47	for state apartment incentive loans; amending s. 420.511,
48	F.S.; providing additional requirements for an annual
49	report by the corporation; amending s. 420.9072, F.S.;
50	providing additional legislative intent relating to local
51	government affordable housing advisory committees;
52	amending s. 420.9076, F.S.; providing for a minimum number
53	of affordable housing advisory committee members;
54	providing a criterion for additional members; requiring
55	counties and municipalities participating in the State
56	Housing Initiative Partnership Program to maintain an
57	operational advisory committee; providing additional
58	recommendation requirements for such advisory committees;
59	providing additional duties of the advisory committees;
60	amending s. 421.02, F.S.; revising a legislative
61	declaration relating to blighted areas; amending s.
62	421.08, F.S.; authorizing certain housing authorities to
63	create business entities for certain purposes; providing
64	requirements and limitations; authorizing such authorities
65	to provide for per diem, travel, and other expenses;
66	amending s. 421.09, F.S.; providing construction; amending
67	s. 421.23, F.S.; revising a limitation on financial
68	liabilities of such authorities; repealing s. 421.54,
69	F.S., relating to housing authorities in Orange County and
70	Seminole County; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Paragraph (q) of subsection (5) of section
75	212.08, Florida Statutes, is amended to read:
76	212.08  Sales, rental, use, consumption, distribution, and
77	storage tax; specified exemptions.--The sale at retail, the
78	rental, the use, the consumption, the distribution, and the
79	storage to be used or consumed in this state of the following
80	are hereby specifically exempt from the tax imposed by this
81	chapter.
82	(5)  EXEMPTIONS; ACCOUNT OF USE.--
83	(q)  Community contribution tax credit for donations.--
84	1.  Authorization.--Beginning July 1, 2001, persons who are
85	registered with the department under s. 212.18 to collect or
86	remit sales or use tax and who make donations to eligible
87	sponsors are eligible for tax credits against their state sales
88	and use tax liabilities as provided in this paragraph:
89	a.  The credit shall be computed as 50 percent of the
90	person's approved annual community contribution;
91	b.  The credit shall be granted as a refund against state
92	sales and use taxes reported on returns and remitted in the 12
93	months preceding the date of application to the department for
94	the credit as required in sub-subparagraph 3.c. If the annual
95	credit is not fully used through such refund because of
96	insufficient tax payments during the applicable 12-month period,
97	the unused amount may be included in an application for a refund
98	made pursuant to sub-subparagraph 3.c. in subsequent years
99	against the total tax payments made for such year. Carryover
100	credits may be applied for a 3-year period without regard to any
101	time limitation that would otherwise apply under s. 215.26;
102	c.  No person shall receive more than $200,000 in annual
103	tax credits for all approved community contributions made in any
104	one year;
105	d.  All proposals for the granting of the tax credit shall
106	require the prior approval of the Office of Tourism, Trade, and
107	Economic Development;
108	e.  The total amount of tax credits which may be granted
109	for all programs approved under this paragraph, s. 220.183, and
110	s. 624.5105 is $15 $10 million annually; and
111	f.  A person who is eligible to receive the credit provided
112	for in this paragraph, s. 220.183, or s. 624.5105 may receive
113	the credit only under the one section of the person's choice.
114	2.  Eligibility requirements.--
115	a.  A community contribution by a person must be in the
116	following form:
117	(I)  Cash or other liquid assets;
118	(II)  Real property;
119	(III)  Goods or inventory; or
120	(IV)  Other physical resources as identified by the Office
121	of Tourism, Trade, and Economic Development.
122	b.  All community contributions must be reserved
123	exclusively for use in a project. As used in this sub-
124	subparagraph, the term "project" means any activity undertaken
125	by an eligible sponsor which is designed to construct, improve,
126	or substantially rehabilitate housing that is affordable to low-
127	income or very-low-income households as defined in s.
128	420.9071(19) and (28); designed to provide commercial,
129	industrial, or public resources and facilities; or designed to
130	improve entrepreneurial and job-development opportunities for
131	low-income persons. A project may be the investment necessary to
132	increase access to high-speed broadband capability in rural
133	communities with enterprise zones, including projects that
134	result in improvements to communications assets that are owned
135	by a business. A project may include the provision of museum
136	educational programs and materials that are directly related to
137	any project approved between January 1, 1996, and December 31,
138	1999, and located in an enterprise zone as referenced in s.
139	290.00675. This paragraph does not preclude projects that
140	propose to construct or rehabilitate housing for low-income or
141	very-low-income households on scattered sites. The Office of
142	Tourism, Trade, and Economic Development may reserve up to 50
143	percent of the available annual tax credits for housing for
144	very-low-income households pursuant to s. 420.9071(28) for the
145	first 6 months of the fiscal year. With respect to housing,
146	contributions may be used to pay the following eligible low-
147	income and very-low-income housing-related activities:
148	(I)  Project development impact and management fees for
149	low-income or very-low-income housing projects;
150	(II)  Down payment and closing costs for eligible persons,
151	as defined in s. 420.9071(19) and (28);
152	(III)  Administrative costs, including housing counseling
153	and marketing fees, not to exceed 10 percent of the community
154	contribution, directly related to low-income or very-low-income
155	projects; and
156	(IV)  Removal of liens recorded against residential
157	property by municipal, county, or special district local
158	governments when satisfaction of the lien is a necessary
159	precedent to the transfer of the property to an eligible person,
160	as defined in s. 420.9071(19) and (28), for the purpose of
161	promoting home ownership. Contributions for lien removal must be
162	received from a nonrelated third party.
163	c.  The project must be undertaken by an "eligible
164	sponsor," which includes:
165	(I)  A community action program;
166	(II)  A nonprofit community-based development organization
167	whose mission is the provision of housing for low-income or
168	very-low-income households or increasing entrepreneurial and
169	job-development opportunities for low-income persons;
170	(III)  A neighborhood housing services corporation;
171	(IV)  A local housing authority created under chapter 421;
172	(V)  A community redevelopment agency created under s.
173	163.356;
174	(VI)  The Florida Industrial Development Corporation;
175	(VII)  A historic preservation district agency or
176	organization;
177	(VIII)  A regional workforce board;
178	(IX)  A direct-support organization as provided in s.
179	1009.983;
180	(X)  An enterprise zone development agency created under s.
181	290.0056;
182	(XI)  A community-based organization incorporated under
183	chapter 617 which is recognized as educational, charitable, or
184	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
185	and whose bylaws and articles of incorporation include
186	affordable housing, economic development, or community
187	development as the primary mission of the corporation;
188	(XII)  Units of local government;
189	(XIII)  Units of state government; or
190	(XIV)  Any other agency that the Office of Tourism, Trade,
191	and Economic Development designates by rule.
192
193	In no event may a contributing person have a financial interest
194	in the eligible sponsor.
195	d.  The project must be located in an area designated an
196	enterprise zone or a Front Porch Florida Community pursuant to
197	s. 14.2015(9)(b), unless the project increases access to high-
198	speed broadband capability for rural communities with enterprise
199	zones but is physically located outside the designated rural
200	zone boundaries. Any project designed to construct or
201	rehabilitate housing for low-income or very-low-income
202	households as defined in s. 420.0971(19) and (28) is exempt from
203	the area requirement of this sub-subparagraph.
204	e.(I)  The Office of Tourism, Trade, and Economic
205	Development shall reserve 80 percent of the available annual
206	tax credits for donations made to eligible sponsors for
207	projects that provide homeownership opportunities to low-income
208	or very-low-income households pursuant to s. 420.9071(19) and
209	(28) for the first 2 months of the fiscal year. If less than 80
210	percent of the annual tax credits for donations made to
211	eligible sponsors for projects for low-income or very-low-
212	income households are approved within the first 2 months of the
213	fiscal year, the office may approve the balance of available
214	credits for donations made to eligible sponsors for projects
215	other than those that provide homeownership opportunities for
216	low-income or very-low-income households.
217	(II)  The office shall reserve 20 percent of the available
218	annual tax credits for donations made to eligible sponsors for
219	projects other than those that provide homeownership
220	opportunities for low-income or very-low-income households
221	pursuant to s. 420.9071(19) and (28) for the first 2 months of
222	the fiscal year. If less than 20 percent of the annual tax
223	credits for donations made to eligible sponsors for projects
224	other than those that provide homeownership opportunities for
225	low-income or very-low-income households are approved within
226	the first 2 months of the fiscal year, the office may approve
227	the balance of available credits for donations made to eligible
228	sponsors for projects that provide homeownership opportunities
229	for low-income or very-low-income households.
230	(III)  If, during the first 10 business days of the state
231	fiscal year, tax credit applications are received for more than
232	80 percent of available annual tax credits from eligible
233	sponsors for projects that provide homeownership opportunities
234	for low-income or very-low-income households, the office shall
235	grant the tax credits for such applications as follows:
236	(A)  If an eligible sponsor submits tax credit
237	applications which in total do not exceed $200,000, the credits
238	shall be granted in full if the tax credit applications are
239	approved and subject to the provisions of sub-sub-subparagraph
240	(I).
241	(B)  If an eligible sponsor submits tax credit
242	applications which, in total, equal or exceed $200,000, the
243	amount of tax credit granted pursuant to sub-sub-sub-
244	subparagraph (A) shall be subtracted from the amount of
245	available tax credits pursuant to sub-sub-subparagraph (I), and
246	the remaining credits shall be granted to each approved tax
247	credit application on a pro rata basis.
248	(C)  If, after the first 2 months of the fiscal year,
249	additional credits become available pursuant to sub-sub-
250	subparagraph (II), the office shall grant the tax credits by
251	first increasing the credit of those who received a pro rata
252	reduction and, if there are remaining credits, granting credits
253	to those who applied on or after the 11th business day of the
254	state fiscal year on a first-come, first-served basis.
255	(IV)  If, during the first 10 business days of the state
256	fiscal year, tax credit applications are received for more than
257	20 percent of available annual tax credits from eligible
258	sponsors for projects other than those that provide
259	homeownership opportunities for low-income or very-low-income
260	households, the office shall grant the tax credits to each
261	approved tax credit application on a pro rata basis. If, after
262	the first 2 months of the fiscal year, additional credits
263	become available pursuant to sub-sub-subparagraph (I), the
264	office shall grant the tax credits by first increasing the
265	credit of those who received a pro rata reduction and, if there
266	are remaining credits, granting credits to those who applied on
267	or after the 11th business day of the state fiscal year on a
268	first-come, first-served basis.
269	3.  Application requirements.--
270	a.  Any eligible sponsor seeking to participate in this
271	program must submit a proposal to the Office of Tourism, Trade,
272	and Economic Development which sets forth the name of the
273	sponsor, a description of the project, and the area in which the
274	project is located, together with such supporting information as
275	is prescribed by rule. The proposal must also contain a
276	resolution from the local governmental unit in which the project
277	is located certifying that the project is consistent with local
278	plans and regulations.
279	b.  Any person seeking to participate in this program must
280	submit an application for tax credit to the Office of Tourism,
281	Trade, and Economic Development which sets forth the name of the
282	sponsor, a description of the project, and the type, value, and
283	purpose of the contribution. The sponsor shall verify the terms
284	of the application and indicate its receipt of the contribution,
285	which verification must be in writing and accompany the
286	application for tax credit. The person must submit a separate
287	tax credit application to the office for each individual
288	contribution that it makes to each individual project.
289	c.  Any person who has received notification from the
290	Office of Tourism, Trade, and Economic Development that a tax
291	credit has been approved must apply to the department to receive
292	the refund. Application must be made on the form prescribed for
293	claiming refunds of sales and use taxes and be accompanied by a
294	copy of the notification. A person may submit only one
295	application for refund to the department within any 12-month
296	period.
297	4.  Administration.--
298	a.  The Office of Tourism, Trade, and Economic Development
299	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
300	to administer this paragraph, including rules for the approval
301	or disapproval of proposals by a person.
302	b.  The decision of the Office of Tourism, Trade, and
303	Economic Development must be in writing, and, if approved, the
304	notification shall state the maximum credit allowable to the
305	person. Upon approval, the office shall transmit a copy of the
306	decision to the Department of Revenue.
307	c.  The Office of Tourism, Trade, and Economic Development
308	shall periodically monitor all projects in a manner consistent
309	with available resources to ensure that resources are used in
310	accordance with this paragraph; however, each project must be
311	reviewed at least once every 2 years.
312	d.  The Office of Tourism, Trade, and Economic Development
313	shall, in consultation with the Department of Community Affairs,
314	the Florida Housing Finance Corporation, and the statewide and
315	regional housing and financial intermediaries, market the
316	availability of the community contribution tax credit program to
317	community-based organizations.
318	5.  Expiration.--This paragraph expires June 30, 2005;
319	however, any accrued credit carryover that is unused on that
320	date may be used until the expiration of the 3-year carryover
321	period for such credit.
322	Section 2.  Paragraph (t) of subsection (1) of section
323	220.03, Florida Statutes, is amended to read:
324	220.03  Definitions.--
325	(1)  SPECIFIC TERMS.--When used in this code, and when not
326	otherwise distinctly expressed or manifestly incompatible with
327	the intent thereof, the following terms shall have the following
328	meanings:
329	(t)  "Project" means any activity undertaken by an eligible
330	sponsor, as defined in s. 220.183(2)(c), which is designed to
331	construct, improve, or substantially rehabilitate housing that
332	is affordable to low-income or very-low-income households as
333	defined in s. 420.9071(19) and (28); designed to provide
334	commercial, industrial, or public resources and facilities; or
335	designed to improve entrepreneurial and job-development
336	opportunities for low-income persons. A project may be the
337	investment necessary to increase access to high-speed broadband
338	capability in rural communities with enterprise zones, including
339	projects that result in improvements to communications assets
340	that are owned by a business. A project may include the
341	provision of museum educational programs and materials that are
342	directly related to any project approved between January 1,
343	1996, and December 31, 1999, and located in an enterprise zone
344	as referenced in s. 290.00675. This paragraph does not preclude
345	projects that propose to construct or rehabilitate low-income or
346	very-low-income housing on scattered sites. The Office of
347	Tourism, Trade, and Economic Development may reserve up to 50
348	percent of the available annual tax credits under s. 220.181 for
349	housing for very-low-income households pursuant to s.
350	420.9071(28) for the first 6 months of the fiscal year. With
351	respect to housing, contributions may be used to pay the
352	following eligible project-related activities:
353	1.  Project development, impact, and management fees for
354	low-income or very-low-income housing projects;
355	2.  Down payment and closing costs for eligible persons, as
356	defined in s. 420.9071(19) and (28);
357	3.  Administrative costs, including housing counseling and
358	marketing fees, not to exceed 10 percent of the community
359	contribution, directly related to low-income or very-low-income
360	projects; and
361	4.  Removal of liens recorded against residential property
362	by municipal, county, or special-district local governments when
363	satisfaction of the lien is a necessary precedent to the
364	transfer of the property to an eligible person, as defined in s.
365	420.9071(19) and (28), for the purpose of promoting home
366	ownership. Contributions for lien removal must be received from
367	a nonrelated third party.
368
369	The provisions of this paragraph shall expire and be void on
370	June 30, 2005.
371	Section 3.  Paragraph (c) of subsection (1) and paragraph
372	(b) of subsection (2) of section 220.183, Florida Statutes, are
373	amended to read:
374	220.183  Community contribution tax credit.--
375	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
376	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
377	SPENDING.--
378	(c)  The total amount of tax credit which may be granted
379	for all programs approved under this section, s. 212.08(5)(q),
380	and s. 624.5105 is $15 $10 million annually.
381	(2)  ELIGIBILITY REQUIREMENTS.--
382	(b)1.  All community contributions must be reserved
383	exclusively for use in projects as defined in s. 220.03(1)(t).
384	2.  The Office of Tourism, Trade, and Economic Development
385	shall may reserve 80 up to 50 percent of the available annual
386	tax credits for housing for donations made to eligible sponsors
387	for projects that provide homeownership opportunities for low-
388	income or very-low-income households pursuant to s. 420.9071(19)
389	and (28) for the first 2 6 months of the fiscal year. If less
390	than 80 percent of the annual tax credits for donations made to
391	eligible sponsors for projects for low-income or very-low-income
392	households are approved within the first 2 months of the fiscal
393	year, the office may approve the balance of available credits
394	for donations made to eligible sponsors for projects other than
395	those that provide homeownership opportunities for low-income or
396	very-low-income households.
397	3.  The office shall reserve 20 percent of the available
398	annual tax credits for donations made to eligible sponsors for
399	projects other than those that provide homeownership
400	opportunities for low-income or very-low-income households
401	pursuant to s. 420.9071(19) and (28) for the first 2 months of
402	the fiscal year. If less than 20 percent of the annual tax
403	credits for donations made to eligible sponsors for projects
404	other than those that provide homeownership opportunities for
405	low-income or very-low-income households are approved within
406	the first 2 months of the fiscal year, the office may approve
407	the balance of available credits for donations made to eligible
408	sponsors for projects that provide homeownership opportunities
409	for low-income or very-low-income households.
410	4.  If, during the first 10 business days of the state
411	fiscal year, tax credit applications are received for more than
412	80 percent of available annual tax credits from eligible
413	sponsors for projects that provide homeownership opportunities
414	for low-income or very-low-income households, the office shall
415	grant the tax credits to such applications as follows:
416	a.  If an eligible sponsor submits tax credit applications
417	which in total do not exceed $200,000, the credits shall be
418	granted in full if the tax credit applications are approved and
419	subject to the provisions of subparagraph 2.
420	b.  If an eligible sponsor submits tax credit applications
421	which in total equal or exceed $200,000, the amount of tax
422	credits granted pursuant to sub-subparagraph a. shall be
423	subtracted from the amount of available tax credits pursuant to
424	subparagraph 2., and the remaining credits shall be granted to
425	each approved tax credit application on a pro rata basis.
426	c.  If, after the first 2 months of the fiscal year,
427	additional credits become available pursuant to subparagraph
428	3., the office shall grant the tax credits by first increasing
429	the credit of those who received a pro rata reduction and, if
430	there are remaining credits, granting credits to those who
431	applied on or after the 11th business day of the state fiscal
432	year on a first-come, first-served basis.
433	5.  If, during the first 10 business days of the state
434	fiscal year, tax credit applications are received for more than
435	20 percent of available annual tax credits from eligible
436	sponsors for projects other than those that provide
437	homeownership opportunities for low-income or very-low-income
438	households, the office shall grant the tax credits to each
439	approved tax credit application on a pro rata basis. If, after
440	the first 2 months of the fiscal year, additional credits
441	become available pursuant to subparagraph 2., the office shall
442	grant the tax credits by first increasing the credit of those
443	who received a pro rata reduction and, if there are remaining
444	credits, granting credits to those who applied on or after the
445	11th business day of the state fiscal year on a first-come,
446	first-served basis.
447	Section 4.  Paragraph (c) of subsection (1) of section
448	624.5105, Florida Statutes, is amended, and paragraph (e) is
449	added to subsection (2) of said section, to read:
450	624.5105  Community contribution tax credit; authorization;
451	limitations; eligibility and application requirements;
452	administration; definitions; expiration.--
453	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
454	(c)  The total amount of tax credit which may be granted
455	for all programs approved under this section and ss.
456	212.08(5)(q) and s. 220.183 is $15 $10 million annually.
457	(2)  ELIGIBILITY REQUIREMENTS.--
458	(e)1.  The Office of Tourism, Trade, and Economic
459	Development shall reserve 80 percent of the available annual
460	tax credits for donations made to eligible sponsors for
461	projects that provide homeownership opportunities for low-
462	income or very-low-income households pursuant to s.
463	420.9071(19) and (28) for the first 2  months of the fiscal
464	year. If less than 80 percent of the annual tax credits for
465	donations made to eligible sponsors for projects that provide
466	homeownership opportunities for low-income or very-low-income
467	households are approved within the first 2 months of the fiscal
468	year, the office may approve the balance of available credits
469	for donations made to eligible sponsors for projects other than
470	those that provide homeownership opportunities for low-income
471	or very-low-income households.
472	2.  The office shall reserve 20 percent of the available
473	annual tax credits for donations made to eligible sponsors for
474	projects other than those that provide homeownership
475	opportunities for low-income or very-low-income households
476	pursuant to s. 420.9071(19) and (28) for the first 2 months of
477	the fiscal year. If less than 20 percent of the annual tax
478	credits for donations made to eligible sponsors for projects
479	other than those that provide homeownership opportunities for
480	low-income or very-low-income households are approved within
481	the first 2 months of the fiscal year, the office may approve
482	the balance of available credits for donations made to eligible
483	sponsors for projects that provide homeownership opportunities
484	for low-income or very-low-income households.
485	3.  If, during the first 10 business days of the state
486	fiscal year, tax credit applications are received for more than
487	80 percent of available annual tax credits from eligible
488	sponsors for projects that provide homeownership opportunities
489	for low-income or very-low-income households, the office shall
490	grant the tax credits to such applications as follows:
491	a.  If an eligible sponsor submits tax credit applications
492	which in total do not exceed $200,000, the credits shall be
493	granted in full if the tax credit applications are approved and
494	subject to the provisions of subparagraph 1.
495	b.  If an eligible sponsor submits tax credit applications
496	which in total equal or exceed $200,000, the amount of tax
497	credits granted pursuant to sub-subparagraph a. shall be
498	subtracted from the amount of available tax credits pursuant to
499	subparagraph 1., and the remaining credits shall be granted to
500	each approved tax credit application on a pro rata basis.
501	c.  If, after the first 2 months of the fiscal year,
502	additional credits become available pursuant to subparagraph
503	2., the office shall grant the tax credits by first increasing
504	the credit of those who received a pro rata reduction and, if
505	there are remaining credits, granting credits to those who
506	applied on or after the 11th business day of the state fiscal
507	year on a first-come, first-served basis.
508	4.  If, during the first 10 business days of the state
509	fiscal year, tax credit applications are received for more than
510	20 percent of available annual tax credits from eligible
511	sponsors for projects other than those that provide
512	homeownership opportunities for low-income or very-low-income
513	households, the office shall grant the tax credits to each
514	approved tax credit application on a pro rata basis. If, after
515	the first 2 months of the fiscal year, additional credits
516	become available pursuant to subparagraph 1., the office shall
517	grant the tax credits by first increasing the credit of those
518	who received a pro rata reduction and, if there are remaining
519	credits, granting credits to those who applied on or after the
520	11th business day of the state fiscal year on a first-come,
521	first-served basis.
522	Section 5.  Paragraph (e) of subsection (2) of section
523	212.055, Florida Statutes, as amended by section 91 of chapter
524	2003-402, Laws of Florida, is amended to read:
525	212.055  Discretionary sales surtaxes; legislative intent;
526	authorization and use of proceeds.--It is the legislative intent
527	that any authorization for imposition of a discretionary sales
528	surtax shall be published in the Florida Statutes as a
529	subsection of this section, irrespective of the duration of the
530	levy. Each enactment shall specify the types of counties
531	authorized to levy; the rate or rates which may be imposed; the
532	maximum length of time the surtax may be imposed, if any; the
533	procedure which must be followed to secure voter approval, if
534	required; the purpose for which the proceeds may be expended;
535	and such other requirements as the Legislature may provide.
536	Taxable transactions and administrative procedures shall be as
537	provided in s. 212.054.
538	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
539	(e)  School districts, counties, and municipalities
540	receiving proceeds under the provisions of this subsection may
541	pledge such proceeds for the purpose of servicing new bond
542	indebtedness incurred pursuant to law. Local governments may use
543	the services of the Division of Bond Finance of the State Board
544	of Administration pursuant to the State Bond Act to issue any
545	bonds through the provisions of this subsection. In no case may
546	a jurisdiction issue bonds pursuant to this subsection more
547	frequently than once per year. Counties and municipalities may
548	join together for the issuance of bonds authorized by this
549	subsection.
550	Section 6.  Sections 6 through 20 of this act may be
551	referred to by the popular name the "Florida Homeownership Act
552	of 2004."
553	Section 7.  Section 193.017, Florida Statutes, is created
554	to read:
555	193.017  Low-income housing tax credit.--Property used for
556	affordable housing which has received a low-income housing tax
557	credit from the Florida Housing Finance Corporation, as
558	authorized by s. 420.5099, shall be assessed under s. 193.011
559	and consistent with s. 420.5099(5) and (6), pursuant to this
560	section.
561	(1)  The tax credits and the financing generated by the tax
562	credits may not be considered as income to the property.
563	(2)  The actual rental income from rent-restricted units in
564	such a property shall be recognized by the property appraiser.
565	(3)  Any costs paid for by tax credits and costs paid for
566	by additional financing proceeds received under chapter 420 may
567	not be included in the valuation of the property.
568	(4)  If an extended low-income housing agreement is filed
569	in the official public records of the county in which the
570	property is located, the agreement and any recorded amendment or
571	supplement thereto shall be considered a land use regulation and
572	a limitation on the highest and best use of the property during
573	the term of the agreement, amendment, or supplement.
574	Section 8.  Paragraph (f) of subsection (6) of section
575	253.034, Florida Statutes, is amended to read:
576	253.034  State-owned lands; uses.--
577	(6)  The Board of Trustees of the Internal Improvement
578	Trust Fund shall determine which lands, the title to which is
579	vested in the board, may be surplused. For conservation lands,
580	the board shall make a determination that the lands are no
581	longer needed for conservation purposes and may dispose of them
582	by an affirmative vote of at least three members. In the case of
583	a land exchange involving the disposition of conservation lands,
584	the board must determine by an affirmative vote of at least
585	three members that the exchange will result in a net positive
586	conservation benefit. For all other lands, the board shall make
587	a determination that the lands are no longer needed and may
588	dispose of them by an affirmative vote of at least three
589	members.
590	(f)  In reviewing lands owned by the board, the council
591	shall consider whether such lands would be more appropriately
592	owned or managed by the county or other unit of local government
593	in which the land is located. The council shall recommend to the
594	board whether a sale, lease, or other conveyance to a local
595	government would be in the best interests of the state and local
596	government. The provisions of this paragraph in no way limit the
597	provisions of ss. 253.111 and 253.115. Such lands shall be
598	offered to the state, county, or local government for a period
599	of 30 days. Permittable uses for such surplus lands may include
600	public schools; public libraries; fire or law enforcement
601	substations; and governmental, judicial, or recreational
602	centers; and affordable housing. County or local government
603	requests for surplus lands shall be expedited throughout the
604	surplusing process. If the county or local government does not
605	elect to purchase such lands in accordance with s. 253.111, then
606	any surplusing determination involving other governmental
607	agencies shall be made upon the board deciding the best public
608	use of the lands. Surplus properties in which governmental
609	agencies have expressed no interest shall then be available for
610	sale on the private market.
611	Section 9.  Subsection (5) is added to section 420.0003,
612	Florida Statutes, to read:
613	420.0003  State housing strategy.--
614	(5)  HOUSING OPTIONS.--The affordable housing delivery
615	system shall provide for a variety of housing options as
616	appropriate, including, but not limited to, single family and
617	multifamily housing built according to chapter 553, manufactured
618	housing as defined in s. 320.01(2)(b), and housing coordinated
619	with services for special needs populations.
620	Section 10.  Subsection (2) and paragraph (a) of subsection
621	(22) of section 420.507, Florida Statutes, are amended, and
622	subsections (42), (43), and (44) are added to said section, to
623	read:
624	420.507  Powers of the corporation.--The corporation shall
625	have all the powers necessary or convenient to carry out and
626	effectuate the purposes and provisions of this part, including
627	the following powers which are in addition to all other powers
628	granted by other provisions of this part:
629	(2)  To undertake and carry out studies and analyses of
630	housing needs within the state and ways of meeting those needs,
631	to determine whether supplies of affordable housing in various
632	markets may exceed future demands.
633	(22)  To develop and administer the State Apartment
634	Incentive Loan Program. In developing and administering that
635	program, the corporation may:
636	(a)  Make first, second, and other subordinated mortgage
637	loans including variable or fixed rate loans subject to
638	contingent interest for all State Apartment Incentive Loans
639	provided for in this chapter based upon available cash flow of
640	the projects. The corporation shall make loans exceeding 25
641	percent of project cost available only to nonprofit
642	organizations and public bodies which are able to secure grants,
643	donations of land, or contributions from other sources and to
644	projects meeting the criteria of subparagraph 1. Mortgage loans
645	shall be made available at the following rates of interest:
646	1.  Zero to 3 percent interest for sponsors of projects
647	that set aside at least maintain an 80 percent occupancy of
648	their total units for residents qualifying as farmworkers as
649	defined in s. 420.503(18), or commercial fishing workers as
650	defined in s. 420.503(5), or the homeless as defined in s.
651	420.621(4) over the life of the loan.
652	2.  Zero to 3 percent interest for projects that set aside
653	at least 80 percent of the project's total units for the
654	homeless as defined in s. 420.621(4), provided the board may set
655	the interest rate based on the pro rata share of units set aside
656	for homeless residents if the total of such units is less than
657	80 percent of the units in the borrower's project.
658	3.2.  Three to 9 percent interest for sponsors of projects
659	targeted at populations other than farmworkers, commercial
660	fishing workers, and the homeless.
661	(42)  To establish procedures by rule whereby the
662	corporation may intervene, negotiate terms, or undertake other
663	actions which the corporation deems necessary to avoid default
664	of a program loan. Such procedures must be fiscally responsible
665	and designed to maximize returns to the state.
666	(43)  To promote single family homeownership in this state
667	and develop and implement a marketing plan in consultation with
668	local governments and state and federal agencies that includes
669	strategies such as advertising, homebuyer fairs, and homebuyer
670	education.
671	(44)  To establish by rule requirements for periodic
672	reporting of data, including, but not limited to, financial
673	data, housing market data, detailed economic and physical
674	occupancy on multifamily projects, and demographic data on all
675	housing financed through corporation programs.
676	Section 11.  Subsection (8) is added to section 420.508,
677	Florida Statutes, to read:
678	420.508  Special powers; multifamily and single-family
679	projects.--The corporation shall have the special power to:
680	(8)  Provide by rule for master lease agreements for
681	farmworker housing developments when and where appropriate to
682	ensure continuity and stability of housing for farmworker
683	populations.
684	Section 12.  Subsection (3) and paragraph (m) of subsection
685	(6) of section 420.5087, Florida Statutes, are amended to read:
686	420.5087  State Apartment Incentive Loan Program.--There is
687	hereby created the State Apartment Incentive Loan Program for
688	the purpose of providing first, second, or other subordinated
689	mortgage loans or loan guarantees to sponsors, including for-
690	profit, nonprofit, and public entities, to provide housing
691	affordable to very-low-income persons.
692	(3)  During the first 6 months of loan or loan guarantee
693	availability, program funds shall be reserved for use by
694	sponsors who provide the housing set-aside required in
695	subsection (2) for the tenant groups designated in this
696	subsection. The reservation of funds to each of these groups
697	shall be determined using the most recent statewide very-low-
698	income rental housing market study available at the time of
699	publication of each notice of fund availability required by
700	paragraph (6)(b). The reservation of funds within each notice of
701	fund availability to the tenant groups in paragraphs (a), (b),
702	and (d) may not be less than 10 percent of the funds available
703	at that time. Any increase in funding required to reach the 10-
704	percent minimum shall be taken from the tenant group that has
705	the largest reservation. The reservation of funds within each
706	notice of fund availability to the tenant group in paragraph (c)
707	may not be less than 5 percent of the funds available at that
708	time. The tenant groups are:
709	(a)  Commercial fishing workers and farmworkers;
710	(b)  Families;
711	(c)  Persons who are homeless; and
712	(d)  Elderly persons. Ten percent of the amount reserved
713	for the elderly shall be reserved to provide loans to sponsors
714	of housing for the elderly for the purpose of making building
715	preservation, health, or sanitation repairs or improvements
716	which are required by federal, state, or local regulation or
717	code, or lifesafety or security-related repairs or improvements
718	to such housing. Such a loan may not exceed $500,000 $200,000
719	per housing community for the elderly. In order to receive the
720	loan, the sponsor of the housing community must make a
721	commitment to match at least 15 percent of the loan amount to
722	pay the cost of such repair or improvement. The corporation
723	shall establish the rate of interest on the loan, which may not
724	exceed 3 percent, and the term of the loan, which may not exceed
725	15 years. The term of the loan shall be established on the basis
726	of a credit analysis of the applicant. The corporation shall
727	establish, by rule, the procedure and criteria for receiving,
728	evaluating, and competitively ranking all applications for loans
729	under this paragraph. A loan application must include evidence
730	of the first mortgagee's having reviewed and approved the
731	sponsor's intent to apply for a loan. A nonprofit organization
732	or sponsor may not use the proceeds of the loan to pay for
733	administrative costs, routine maintenance, or new construction.
734	(6)  On all state apartment incentive loans, except loans
735	made to housing communities for the elderly to provide for
736	lifesafety, building preservation, health, sanitation, or
737	security-related repairs or improvements, the following
738	provisions shall apply:
739	(m)  Sponsors shall annually certify, according to
740	requirements provided by the corporation by rule, the adjusted
741	gross income of all persons or families qualified under
742	subsection (2) at the time of initial occupancy, who are
743	residing in a project funded by this program. All persons or
744	families qualified under subsection (2) may continue to qualify
745	under subsection (2) in a project funded by this program if the
746	adjusted gross income of those persons or families at the time
747	of annual recertification meets the requirements established in
748	s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as
749	amended. If the annual recertification of persons or families
750	qualifying under subsection (2) results in noncompliance with
751	income occupancy requirements, the next available unit must be
752	rented to a person or family qualifying under subsection (2) in
753	order to ensure continuing compliance of the project.
754	Section 13.  Subsection (3) of section 420.511, Florida
755	Statutes, is amended to read:
756	420.511  Business plan; strategic plan; annual report.--
757	(3)  The corporation shall submit to the Governor and the
758	presiding officers of each house of the Legislature, within 2
759	months after the end of its fiscal year, a complete and detailed
760	report setting forth:
761	(a)  Its operations and accomplishments.;
762	(b)  Changes made to the rules of the corporation pursuant
763	to s. 120.54.
764	(c)(b)  Its receipts and expenditures during its fiscal
765	year in accordance with the categories or classifications
766	established by the corporation for its operating and capital
767	outlay purposes.;
768	(d)(c)  Its assets and liabilities at the end of its fiscal
769	year and the status of reserve, special, or other funds.;
770	(e)(d)  A schedule of its bonds outstanding at the end of
771	its fiscal year, together with a statement of the principal
772	amounts of bonds issued and redeemed during the fiscal year.;
773	and
774	(f)(e)  Information relating to the corporation's
775	activities in implementing the provisions of ss. 420.5087 and
776	420.5088. The report required by this subsection shall include,
777	but not be limited to:
778	1.  The number of people served, delineated by income, age,
779	family size, and racial characteristics.
780	2.  The number of units produced under each program.
781	3.  The average cost of producing units under each program.
782	4.  The average sales price of single-family units financed
783	under s. 420.5088.
784	5.  The average amount of rent charged based on unit size
785	on units financed under s. 420.5087.
786	6.  The number of persons in rural communities served under
787	each program.
788	7.  The number of farmworkers served under each program.
789	8.  The number of homeless persons served under each
790	program.
791	9.  The number of elderly persons served under each
792	program.
793	10.  The extent to which geographic distribution has been
794	achieved in accordance with the provisions of s. 420.5087.
795	11.  Any other information the corporation deems
796	appropriate.
797	(g)  Information relating to the corporation's Florida
798	Affordable Housing Guarantee Program as created by s. 420.5092.
799	The report required by this subsection shall include, but not be
800	limited to:
801	1.  A status at the end of the most recently completed
802	fiscal year of the total amount of revenue bonds issued by the
803	corporation under s. 420.5092, the principal and interest due on
804	such bonds for the reporting period, the total amount of such
805	bonds redeemed during the reporting period, and the interest
806	earned by the investment of the funds from such revenue bonds
807	during the reporting period.
808	2.  A list of all stabilized properties at the end of the
809	most recently completed fiscal year guaranteed by the Florida
810	Affordable Housing Guarantee Program, which includes the city
811	and county, the total number of units constructed, the quarterly
812	occupancy rates expressed as percentages for the fiscal year,
813	the total principal and interest due for the fiscal year, the
814	principal and interest paid for the fiscal year, and the Florida
815	Affordable Housing Guarantee Program's total outstanding
816	obligation at the end of the fiscal year.
817	Section 14.  Paragraph (a) of subsection (1) of section
818	420.9072, Florida Statutes, is amended to read:
819	420.9072  State Housing Initiatives Partnership
820	Program.--The State Housing Initiatives Partnership Program is
821	The State Housing Initiatives Partnership Program is created for
822	the purpose of providing funds to counties and eligible
823	municipalities as an incentive for the creation of local housing
824	partnerships, to expand production of and preserve affordable
825	housing, to further the housing element of the local government
826	comprehensive plan specific to affordable housing, and to
827	increase housing-related employment.
828	(1)(a)  In addition to the legislative findings set forth
829	in s. 420.6015, the Legislature finds that affordable housing is
830	most effectively provided by combining available public and
831	private resources to conserve and improve existing housing and
832	provide new housing for very-low-income households, low-income
833	households, and moderate-income households. The Legislature
834	intends to encourage partnerships in order to secure the
835	benefits of cooperation by the public and private sectors and to
836	reduce the cost of housing for the target group by effectively
837	combining all available resources and cost-saving measures. The
838	Legislature further intends that local governments achieve this
839	combination of resources by encouraging active partnerships
840	between government, lenders, builders and developers, real
841	estate professionals, advocates for low-income persons, and
842	community groups to produce affordable housing and provide
843	related services. Extending the partnership concept to encompass
844	cooperative efforts among small counties as defined in s.
845	120.52(17), and among counties and municipalities is
846	specifically encouraged. Local governments are also intended to
847	establish and retain an affordable housing advisory committee to
848	recommend monetary and nonmonetary incentives for affordable
849	housing as provided in s. 420.9076.
850	Section 15.  Subsection (2) of section 420.9076, Florida
851	Statutes, is amended, present subsections (3) through (7) of
852	said section are renumbered as subsections (4) through (8),
853	respectively, new subsections (3) and (9) are added to said
854	section, and paragraphs (k) and (l) are added to present
855	subsection (4) of said section, to read:
856	420.9076  Adoption of affordable housing incentive
857	strategies; committees.--
858	(2)  The governing board of a county or municipality shall
859	appoint the members of the affordable housing advisory committee
860	by resolution. Pursuant to the terms of any interlocal
861	agreement, a county and municipality may create and jointly
862	appoint an advisory committee to prepare a joint plan. The
863	ordinance adopted pursuant to s. 420.9072 which creates the
864	advisory committee or the resolution appointing the advisory
865	committee members must provide for a minimum of nine committee
866	members and their terms. The committee must include:
867	(a)  One citizen who is actively engaged in the residential
868	home building industry in connection with affordable housing.
869	(b)  One citizen who is actively engaged in the banking or
870	mortgage banking industry in connection with affordable housing.
871	(c)  One citizen who is a representative of those areas of
872	labor actively engaged in home building in connection with
873	affordable housing.
874	(d)  One citizen who is actively engaged as an advocate for
875	low-income persons in connection with affordable housing.
876	(e)  One citizen who is actively engaged as a for-profit
877	provider of affordable housing.
878	(f)  One citizen who is actively engaged as a not-for-
879	profit provider of affordable housing.
880	(g)  One citizen who is actively engaged as a real estate
881	professional in connection with affordable housing.
882	(h)  One citizen who actively serves on the local planning
883	agency pursuant to s. 163.3174.
884	(i)  One citizen who resides within the jurisdiction of the
885	local governing body making the appointments.
886
887	Any additional committee members must be citizens within the
888	jurisdiction of the local governing body making the
889	appointments. If a county or eligible municipality whether due
890	to its small size, the presence of a conflict of interest by
891	prospective appointees, or other reasonable factor, is unable to
892	appoint a citizen actively engaged in these activities in
893	connection with affordable housing, a citizen engaged in the
894	activity without regard to affordable housing may be appointed.
895	(3)  Each county or eligible municipality participating in
896	the State Housing Initiatives Partnership Program must maintain
897	an operational affordable housing advisory committee.
898	(5)(4)  The advisory committee shall review the established
899	policies and procedures, ordinances, land development
900	regulations, and adopted local government comprehensive plan of
901	the appointing local government and shall recommend specific
902	initiatives to encourage or facilitate affordable housing while
903	protecting the ability of the property to appreciate in value.
904	Such recommendations may include the modification or repeal of
905	existing policies, procedures, ordinances, regulations, or plan
906	provisions; the creation of exceptions applicable to affordable
907	housing; or the adoption of new policies, procedures,
908	regulations, ordinances, or plan provisions. At a minimum, each
909	advisory committee shall make recommendations on affordable
910	housing incentives in the following areas:
911	(k)  The review of the housing element of the local
912	government comprehensive plan pursuant to chapter 163 and the
913	Local Housing Assistance Plan.
914	(l)  Actions as liaison between local governing councils
915	and commissions and the general public.
916
917	The advisory committee recommendations must also include other
918	affordable housing incentives identified by the advisory
919	committee.
920	(9)  The advisory committee shall have a continuing
921	function as an oversight committee for the implementation of the
922	local housing assistance plan and incentive strategies. The
923	advisory committee shall meet no less than annually to review
924	the local housing assistance plan and incentive strategies to
925	provide recommendations to the appointing local government in
926	regard to its housing strategies and incentives.
927	Section 16.  Subsection (2) of section 421.02, Florida
928	Statutes, is amended to read:
929	421.02  Finding and declaration of necessity.--It is hereby
930	declared that:
931	(2)  Blighted Slum areas in the state cannot be revitalized
932	cleared, nor can the shortage of safe and sanitary dwellings for
933	persons of low income be relieved, through the operation of
934	private enterprise, and that the construction of housing
935	projects for persons of low income, as herein defined, would
936	therefore not be competitive with private enterprise.
937	Section 17.  Subsection (8) of section 421.08, Florida
938	Statutes, is renumbered as subsection (10), and new subsections
939	(8) and (9) are added to said section, to read:
940	421.08  Powers of authority.--An authority shall constitute
941	a public body corporate and politic, exercising the public and
942	essential governmental functions set forth in this chapter, and
943	having all the powers necessary or convenient to carry out and
944	effectuate the purpose and provisions of this chapter, including
945	the following powers in addition to others herein granted:
946	(8)  To create for-profit and not-for-profit corporations,
947	limited liability companies, and such other business entities
948	pursuant to the laws of this state in which housing authorities
949	may hold an ownership interest or participate in their
950	governance to engage in the development, acquisition, leasing,
951	construction, rehabilitation, management, or operation of
952	multifamily and single-family residential projects. These
953	projects may include nonresidential uses and may use public and
954	private funds to serve individuals or families who meet the
955	applicable income requirements of the state or federal program
956	involved, whose income does not exceed 150 percent of the
957	applicable Area Median Income as established by the United
958	States Department of Housing and Urban Development, and who, in
959	the determination of the housing authority, lack sufficient
960	income or assets to enable them to purchase or rent decent,
961	safe, and sanitary dwelling. These corporations, limited
962	liability companies, or other business entities are authorized
963	and empowered to join partnerships, joint ventures, or limited
964	liability companies or to otherwise engage with business
965	entities in the development, acquisition, leasing, construction,
966	rehabilitation, management, or operation of such projects. The
967	creation of such corporations, limited liability companies, or
968	other business entities by housing authorities for the purposes
969	set forth in this chapter together with all proceedings, acts,
970	and things theretofor undertaken, performed, or done are hereby
971	validated, ratified, confirmed, approved, and declared legal in
972	all respects.
973	(9)  Notwithstanding the provisions for per diem and travel
974	expenses of public officers, employees, and authorized persons
975	set forth in s. 112.061, the governing board of an authority may
976	approve and implement policies for per diem, travel, and other
977	expenses of its officials, officers, board members, employees,
978	and authorized persons in a manner consistent with federal
979	guidelines.
980	Section 18.  Section 421.09, Florida Statutes, is amended
981	to read:
982	421.09  Operation not for profit.--It is the policy of this
983	state that each housing authority shall manage and operate its
984	housing projects in an efficient manner so as to enable it to
985	fix the rentals for dwelling accommodations at the lowest
986	possible rates consistent with its providing decent, safe and
987	sanitary dwelling accommodations, and that no housing authority
988	shall construct or operate any such project for profit, or as a
989	source of revenue to the city. To this end an authority shall
990	fix the rentals for dwellings in its project at no higher rate
991	than it shall find to be necessary in order to produce revenues
992	which, together with all other available moneys, revenue, income
993	and receipts of the authority from whatever sources derived,
994	will be sufficient:
995	(1)  To pay, as the same shall become due, the principal
996	and interest on the debentures of the authority;
997	(2)  To meet the cost of, and to provide for, maintaining
998	and operating the projects, including the cost of any insurance,
999	and the administrative expenses of the authority; and
1000	(3)  To create, during not less than the 6 years
1001	immediately succeeding its issuance of any debentures, a reserve
1002	sufficient to meet the largest principal and interest payments
1003	which will be due on such debentures in any one year thereafter,
1004	and to maintain such reserve.
1005
1006	This section shall in no way prohibit or restrict the activities
1007	or operations of the business entities created pursuant to s.
1008	421.08(8).
1009	Section 19.  Section 421.23, Florida Statutes, is amended
1010	to read:
1011	421.23  Liabilities of authority.--In no event shall the
1012	liabilities, whether ex contractu or ex delicto, of an authority
1013	arising from the operation of its housing projects, be payable
1014	from any funds other than the rents, fees, or revenues of such
1015	projects and any grants or subsidies paid to such authority by
1016	the Federal Government, unless such other funds are lawfully
1017	pledged by the authority's governing board.
1018	Section 20.  Section 421.54, Florida Statutes, is repealed.
1019	Section 21.  This act shall take effect July 1, 2004.

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