1 | A bill to be entitled |
2 | An act relating to affordable housing; providing a popular |
3 | name; creating s. 193.017, F.S.; providing for a low- |
4 | income housing tax credit for certain property used for |
5 | affordable housing; providing criteria, restrictions, and |
6 | limitations; amending s. 212.08, F.S.; requiring the |
7 | Office of Tourism, Trade, and Economic Development to |
8 | reserve portions of certain annual tax credits for |
9 | eligible sponsors of certain low-income housing projects; |
10 | providing requirements, criteria, and limitations; |
11 | extending an expiration date; amending s. 220.03, F.S.; |
12 | revising a definition to delete a provision authorizing |
13 | the office to reserve certain portions of available annual |
14 | tax credits for certain low-income housing purposes; |
15 | extending an expiration date; amending s. 220.183, F.S.; |
16 | increasing the amount of available annual community |
17 | contribution tax credits; revising eligibility criteria; |
18 | requiring the Office of Tourism, Trade, and Economic |
19 | Development to reserve portions of certain annual tax |
20 | credits for eligible sponsors of certain low-income |
21 | housing projects; providing requirements, criteria, and |
22 | limitations; extending an expiration date; amending s. |
23 | 253.034, F.S.; including affordable housing under |
24 | provisions governing permittable uses of certain surplus |
25 | state-owned lands; amending s. 420.0003, F.S.; providing |
26 | additional criteria for the affordable housing delivery |
27 | system under the state housing strategy; amending s. |
28 | 420.507, F.S.; revising powers of the Florida Housing |
29 | Finance Corporation to provide additional criteria and |
30 | requirements for certain housing projects; providing |
31 | additional powers to promote single family homeownership, |
32 | implement a program to provide financial assistance toward |
33 | purchasing a home, establish a program of incentives to |
34 | defer, reduce, or waive impact fees for certain persons |
35 | for certain purposes, and establish requirements for |
36 | reporting certain information relating to programs of the |
37 | corporation; amending s. 420.508, F.S.; providing the |
38 | corporation with special powers to provide for master |
39 | lease agreements for farmworker housing developments for |
40 | certain purposes; amending s. 420.5087, F.S.; increasing a |
41 | cap for loans per housing community for the elderly; |
42 | revising a criterion for state apartment incentive loans; |
43 | amending s. 420.511, F.S.; providing additional |
44 | requirements for an annual report by the corporation; |
45 | amending s. 420.5092, F.S.; requiring the corporation to |
46 | provide an annual assessment report of the Florida |
47 | Affordable Housing Guarantee Program; amending s. 420.517, |
48 | F.S.; requiring the corporation to coordinate the |
49 | provision of affordable housing and support services for |
50 | low-income residents; providing for state and regional |
51 | partnerships for such purposes; providing reporting |
52 | requirements; amending s. 420.9072, F.S.; providing |
53 | additional legislative intent relating to local government |
54 | affordable housing advisory committees; amending s. |
55 | 420.9075, F.S.; prohibiting local governments from setting |
56 | maximum sales prices below certain amounts; providing a |
57 | limitation; amending s. 420.9076, F.S.; providing for a |
58 | minimum number of affordable housing advisory committee |
59 | members; providing a criterion for additional members; |
60 | requiring counties and municipalities participating in the |
61 | State Housing Initiative Partnership Program to maintain |
62 | an operational advisory committee; providing additional |
63 | recommendation requirements for such advisory committees; |
64 | amending s. 421.02, F.S.; revising a legislative |
65 | declaration relating to blighted areas; amending s. |
66 | 421.08, F.S.; authorizing certain housing authorities to |
67 | create business entities for certain purposes; providing |
68 | requirements and limitations; authorizing such authorities |
69 | to provide for per diem, travel, and other expenses; |
70 | amending s. 421.09, F.S.; providing construction; amending |
71 | s. 421.23, F.S.; revising a limitation on financial |
72 | liabilities of such authorities; amending s. 624.5105, |
73 | F.S.; increasing the amount of available annual community |
74 | contribution tax credits; revising eligibility criteria; |
75 | requiring the Office of Tourism, Trade, and Economic |
76 | Development to reserve portions of certain annual tax |
77 | credits for eligible sponsors of certain low-income |
78 | housing projects; providing requirements, criteria, and |
79 | limitations; extending an expiration date; repealing s. |
80 | 421.54, F.S., relating to housing authorities in Orange |
81 | County and Seminole County; providing appropriations; |
82 | providing an effective date. |
83 |
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84 | Be It Enacted by the Legislature of the State of Florida: |
85 |
|
86 | Section 1. This act may be referred to by the popular name |
87 | the "Florida Homeownership Act of 2004." |
88 | Section 2. Section 193.017, Florida Statutes, is created |
89 | to read: |
90 | 193.017 Low-income housing tax credit.--Property used for |
91 | affordable housing which has received a low-income housing tax |
92 | credit from the Florida Housing Finance Corporation, as |
93 | authorized by s. 420.5099, shall be assessed under s. 193.011 |
94 | and consistent with s. 420.5099(5) and (6), pursuant to this |
95 | section. |
96 | (1) The tax credits and the financing generated by the |
97 | tax credits may not be considered as income to the property. |
98 | (2) The actual rental income from rent-restricted units |
99 | in such a property shall be recognized by the property |
100 | appraiser. |
101 | (3) Any costs paid for by tax credits and costs paid for |
102 | by additional financing proceeds received under chapter 420 may |
103 | not be included in the valuation of the property. |
104 | (4) If an extended low-income housing agreement is filed |
105 | in the official public records of the county in which the |
106 | property is located, the agreement and any recorded amendment |
107 | or supplement thereto shall be considered a land use regulation |
108 | and a limitation on the highest and best use of the property |
109 | during the term of the agreement, amendment, or supplement. |
110 | Section 3. Paragraph (q) of subsection (5) of section |
111 | 212.08, Florida Statutes, is amended to read: |
112 | 212.08 Sales, rental, use, consumption, distribution, and |
113 | storage tax; specified exemptions.--The sale at retail, the |
114 | rental, the use, the consumption, the distribution, and the |
115 | storage to be used or consumed in this state of the following |
116 | are hereby specifically exempt from the tax imposed by this |
117 | chapter. |
118 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
119 | (q) Community contribution tax credit for donations.-- |
120 | 1. Authorization.--Beginning July 1, 2001, persons who are |
121 | registered with the department under s. 212.18 to collect or |
122 | remit sales or use tax and who make donations to eligible |
123 | sponsors are eligible for tax credits against their state sales |
124 | and use tax liabilities as provided in this paragraph: |
125 | a. The credit shall be computed as 50 percent of the |
126 | person's approved annual community contribution; |
127 | b. The credit shall be granted as a refund against state |
128 | sales and use taxes reported on returns and remitted in the 12 |
129 | months preceding the date of application to the department for |
130 | the credit as required in sub-subparagraph 3.c. If the annual |
131 | credit is not fully used through such refund because of |
132 | insufficient tax payments during the applicable 12-month period, |
133 | the unused amount may be included in an application for a refund |
134 | made pursuant to sub-subparagraph 3.c. in subsequent years |
135 | against the total tax payments made for such year. Carryover |
136 | credits may be applied for a 3-year period without regard to any |
137 | time limitation that would otherwise apply under s. 215.26; |
138 | c. No person shall receive more than $200,000 in annual |
139 | tax credits for all approved community contributions made in any |
140 | one year; |
141 | d. All proposals for the granting of the tax credit shall |
142 | require the prior approval of the Office of Tourism, Trade, and |
143 | Economic Development; |
144 | e. The total amount of tax credits which may be granted |
145 | for all programs approved under this paragraph, s. 220.183, and |
146 | s. 624.5105 is $20 $10 million annually; and |
147 | f. A person who is eligible to receive the credit provided |
148 | for in this paragraph, s. 220.183, or s. 624.5105 may receive |
149 | the credit only under the one section of the person's choice. |
150 | 2. Eligibility requirements.-- |
151 | a. A community contribution by a person must be in the |
152 | following form: |
153 | (I) Cash or other liquid assets; |
154 | (II) Real property; |
155 | (III) Goods or inventory; or |
156 | (IV) Other physical resources as identified by the Office |
157 | of Tourism, Trade, and Economic Development. |
158 | b. All community contributions must be reserved |
159 | exclusively for use in a project. As used in this sub- |
160 | subparagraph, the term "project" means any activity undertaken |
161 | by an eligible sponsor which is designed to construct, improve, |
162 | or substantially rehabilitate housing that is affordable to low- |
163 | income or very-low-income households as defined in s. |
164 | 420.9071(19) and (28); designed to provide commercial, |
165 | industrial, or public resources and facilities; or designed to |
166 | improve entrepreneurial and job-development opportunities for |
167 | low-income persons. A project may be the investment necessary to |
168 | increase access to high-speed broadband capability in rural |
169 | communities with enterprise zones, including projects that |
170 | result in improvements to communications assets that are owned |
171 | by a business. A project may include the provision of museum |
172 | educational programs and materials that are directly related to |
173 | any project approved between January 1, 1996, and December 31, |
174 | 1999, and located in an enterprise zone as referenced in s. |
175 | 290.00675. This paragraph does not preclude projects that |
176 | propose to construct or rehabilitate housing for low-income or |
177 | very-low-income households on scattered sites. The Office of |
178 | Tourism, Trade, and Economic Development may reserve up to 50 |
179 | percent of the available annual tax credits for housing for |
180 | very-low-income households pursuant to s. 420.9071(28) for the |
181 | first 6 months of the fiscal year. With respect to housing, |
182 | contributions may be used to pay the following eligible low- |
183 | income and very-low-income housing-related activities: |
184 | (I) Project development impact and management fees for |
185 | low-income or very-low-income housing projects; |
186 | (II) Down payment and closing costs for eligible persons, |
187 | as defined in s. 420.9071(19) and (28); |
188 | (III) Administrative costs, including housing counseling |
189 | and marketing fees, not to exceed 10 percent of the community |
190 | contribution, directly related to low-income or very-low-income |
191 | projects; and |
192 | (IV) Removal of liens recorded against residential |
193 | property by municipal, county, or special district local |
194 | governments when satisfaction of the lien is a necessary |
195 | precedent to the transfer of the property to an eligible person, |
196 | as defined in s. 420.9071(19) and (28), for the purpose of |
197 | promoting home ownership. Contributions for lien removal must be |
198 | received from a nonrelated third party. |
199 | c. The project must be undertaken by an "eligible |
200 | sponsor," which includes: |
201 | (I) A community action program; |
202 | (II) A nonprofit community-based development organization |
203 | whose mission is the provision of housing for low-income or |
204 | very-low-income households or increasing entrepreneurial and |
205 | job-development opportunities for low-income persons; |
206 | (III) A neighborhood housing services corporation; |
207 | (IV) A local housing authority created under chapter 421; |
208 | (V) A community redevelopment agency created under s. |
209 | 163.356; |
210 | (VI) The Florida Industrial Development Corporation; |
211 | (VII) A historic preservation district agency or |
212 | organization; |
213 | (VIII) A regional workforce board; |
214 | (IX) A direct-support organization as provided in s. |
215 | 1009.983; |
216 | (X) An enterprise zone development agency created under s. |
217 | 290.0056; |
218 | (XI) A community-based organization incorporated under |
219 | chapter 617 which is recognized as educational, charitable, or |
220 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
221 | and whose bylaws and articles of incorporation include |
222 | affordable housing, economic development, or community |
223 | development as the primary mission of the corporation; |
224 | (XII) Units of local government; |
225 | (XIII) Units of state government; or |
226 | (XIV) Any other agency that the Office of Tourism, Trade, |
227 | and Economic Development designates by rule. |
228 |
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229 | In no event may a contributing person have a financial interest |
230 | in the eligible sponsor. |
231 | d. The project must be located in an area designated an |
232 | enterprise zone or a Front Porch Florida Community pursuant to |
233 | s. 14.2015(9)(b), unless the project increases access to high- |
234 | speed broadband capability for rural communities with enterprise |
235 | zones but is physically located outside the designated rural |
236 | zone boundaries. Any project designed to construct or |
237 | rehabilitate housing for low-income or very-low-income |
238 | households as defined in s. 420.0971(19) and (28) is exempt from |
239 | the area requirement of this sub-subparagraph. |
240 | e.(I) The Office of Tourism, Trade, and Economic |
241 | Development shall reserve 80 percent of the available annual |
242 | tax credits for donations made to eligible sponsors for |
243 | projects that provide homeownership opportunities to low-income |
244 | or very-low-income households pursuant to s. 420.9071(19) and |
245 | (28) for the first 2 months of the fiscal year. If less than 80 |
246 | percent of the annual tax credits for donations made to |
247 | eligible sponsors for projects for low-income or very-low- |
248 | income households are approved within the first 2 months of the |
249 | fiscal year, the office may approve the balance of approved |
250 | credits for donations made to eligible sponsors for projects |
251 | other than those that provide homeownership opportunities for |
252 | low-income or very-low-income households. |
253 | (II) The office shall reserve 20 percent of the available |
254 | annual tax credits for donations made to eligible sponsors for |
255 | projects other than those that provide homeownership |
256 | opportunities for low-income or very-low-income households |
257 | pursuant to s. 420.9071(19) and (28) for the first 2 months of |
258 | the fiscal year. If less than 20 percent of the annual tax |
259 | credits for donations made to eligible sponsors for projects |
260 | other than those that provide homeownership opportunities for |
261 | low-income or very-low-income households are approved within |
262 | the first 2 months of the fiscal year, the office may approve |
263 | the balance of approved credits for donations made to eligible |
264 | sponsors for projects that provide homeownership opportunities |
265 | for low-income or very-low-income households. |
266 | (III) If, during the first 10 business days of the state |
267 | fiscal year, tax credit applications are received for more than |
268 | 80 percent of available annual tax credits from eligible |
269 | sponsors for projects that provide homeownership opportunities |
270 | for low-income or very-low-income households, the office shall |
271 | grant the tax credits for such applications as follows: |
272 | (A) If an eligible sponsor submits tax credit |
273 | applications which in total do not exceed $200,000, the credits |
274 | shall be granted in full if the tax credit applications are |
275 | approved and subject to the provisions of sub-sub-subparagraph |
276 | (I). |
277 | (B) If an eligible sponsor submits six or more tax credit |
278 | applications which, in total, equal or exceed $200,000, the |
279 | amount of tax credit granted pursuant to sub-sub-sub- |
280 | subparagraph (A) shall be subtracted from the amount of |
281 | available tax credits pursuant to sub-sub-subparagraph (I), and |
282 | the remaining credits shall be granted to each approved tax |
283 | credit application on a pro rata basis. |
284 | (C) If, after the first 2 months of the fiscal year, |
285 | additional credits become available pursuant to sub-sub- |
286 | subparagraph (II), the office shall grant the tax credits by |
287 | first increasing the credit of those who received a pro rata |
288 | reduction and, if there are remaining credits, granting credits |
289 | to those who applied on or after the 11th business day of the |
290 | state fiscal year on a first-come, first-served basis. |
291 | (IV) If, during the first 10 business days of the state |
292 | fiscal year, tax credit applications are received for more than |
293 | 20 percent of available annual tax credits from eligible |
294 | sponsors for projects other than those that provide |
295 | homeownership opportunities for low-income or very-low-income |
296 | households, the office shall grant the tax credits to each |
297 | approved tax credit application on a pro rata basis. If, after |
298 | the first 2 months of the fiscal year, additional credits |
299 | become available pursuant to sub-sub-subparagraph (I), the |
300 | office shall grant the tax credits by first increasing the |
301 | credit of those who received a pro rata reduction and, if there |
302 | are remaining credits, granting credits to those who applied on |
303 | or after the 11th business day of the state fiscal year on a |
304 | first-come, first-served basis. |
305 | 3. Application requirements.-- |
306 | a. Any eligible sponsor seeking to participate in this |
307 | program must submit a proposal to the Office of Tourism, Trade, |
308 | and Economic Development which sets forth the name of the |
309 | sponsor, a description of the project, and the area in which the |
310 | project is located, together with such supporting information as |
311 | is prescribed by rule. The proposal must also contain a |
312 | resolution from the local governmental unit in which the project |
313 | is located certifying that the project is consistent with local |
314 | plans and regulations. |
315 | b. Any person seeking to participate in this program must |
316 | submit an application for tax credit to the Office of Tourism, |
317 | Trade, and Economic Development which sets forth the name of the |
318 | sponsor, a description of the project, and the type, value, and |
319 | purpose of the contribution. The sponsor shall verify the terms |
320 | of the application and indicate its receipt of the contribution, |
321 | which verification must be in writing and accompany the |
322 | application for tax credit. The person must submit a separate |
323 | tax credit application to the office for each individual |
324 | contribution that it makes to each individual project. |
325 | c. Any person who has received notification from the |
326 | Office of Tourism, Trade, and Economic Development that a tax |
327 | credit has been approved must apply to the department to receive |
328 | the refund. Application must be made on the form prescribed for |
329 | claiming refunds of sales and use taxes and be accompanied by a |
330 | copy of the notification. A person may submit only one |
331 | application for refund to the department within any 12-month |
332 | period. |
333 | 4. Administration.-- |
334 | a. The Office of Tourism, Trade, and Economic Development |
335 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary |
336 | to administer this paragraph, including rules for the approval |
337 | or disapproval of proposals by a person. |
338 | b. The decision of the Office of Tourism, Trade, and |
339 | Economic Development must be in writing, and, if approved, the |
340 | notification shall state the maximum credit allowable to the |
341 | person. Upon approval, the office shall transmit a copy of the |
342 | decision to the Department of Revenue. |
343 | c. The Office of Tourism, Trade, and Economic Development |
344 | shall periodically monitor all projects in a manner consistent |
345 | with available resources to ensure that resources are used in |
346 | accordance with this paragraph; however, each project must be |
347 | reviewed at least once every 2 years. |
348 | d. The Office of Tourism, Trade, and Economic Development |
349 | shall, in consultation with the Department of Community Affairs, |
350 | the Florida Housing Finance Corporation, and the statewide and |
351 | regional housing and financial intermediaries, market the |
352 | availability of the community contribution tax credit program to |
353 | community-based organizations. |
354 | 5. Expiration.--This paragraph expires June 30, 2015 2005; |
355 | however, any accrued credit carryover that is unused on that |
356 | date may be used until the expiration of the 3-year carryover |
357 | period for such credit. |
358 | Section 4. Paragraph (t) of subsection (1) of section |
359 | 220.03, Florida Statutes, is amended to read: |
360 | 220.03 Definitions.-- |
361 | (1) SPECIFIC TERMS.--When used in this code, and when not |
362 | otherwise distinctly expressed or manifestly incompatible with |
363 | the intent thereof, the following terms shall have the following |
364 | meanings: |
365 | (t) "Project" means any activity undertaken by an eligible |
366 | sponsor, as defined in s. 220.183(2)(c), which is designed to |
367 | construct, improve, or substantially rehabilitate housing that |
368 | is affordable to low-income or very-low-income households as |
369 | defined in s. 420.9071(19) and (28); designed to provide |
370 | commercial, industrial, or public resources and facilities; or |
371 | designed to improve entrepreneurial and job-development |
372 | opportunities for low-income persons. A project may be the |
373 | investment necessary to increase access to high-speed broadband |
374 | capability in rural communities with enterprise zones, including |
375 | projects that result in improvements to communications assets |
376 | that are owned by a business. A project may include the |
377 | provision of museum educational programs and materials that are |
378 | directly related to any project approved between January 1, |
379 | 1996, and December 31, 1999, and located in an enterprise zone |
380 | as referenced in s. 290.00675. This paragraph does not preclude |
381 | projects that propose to construct or rehabilitate low-income or |
382 | very-low-income housing on scattered sites. The Office of |
383 | Tourism, Trade, and Economic Development may reserve up to 50 |
384 | percent of the available annual tax credits under s. 220.181 for |
385 | housing for very-low-income households pursuant to s. |
386 | 420.9071(28) for the first 6 months of the fiscal year. With |
387 | respect to housing, contributions may be used to pay the |
388 | following eligible project-related activities: |
389 | 1. Project development, impact, and management fees for |
390 | low-income or very-low-income housing projects; |
391 | 2. Down payment and closing costs for eligible persons, as |
392 | defined in s. 420.9071(19) and (28); |
393 | 3. Administrative costs, including housing counseling and |
394 | marketing fees, not to exceed 10 percent of the community |
395 | contribution, directly related to low-income or very-low-income |
396 | projects; and |
397 | 4. Removal of liens recorded against residential property |
398 | by municipal, county, or special-district local governments when |
399 | satisfaction of the lien is a necessary precedent to the |
400 | transfer of the property to an eligible person, as defined in s. |
401 | 420.9071(19) and (28), for the purpose of promoting home |
402 | ownership. Contributions for lien removal must be received from |
403 | a nonrelated third party. |
404 |
|
405 | The provisions of this paragraph shall expire and be void on |
406 | June 30, 2015 2005. |
407 | Section 5. Paragraph (c) of subsection (1), paragraph (b) |
408 | of subsection (2), and subsection (5) of section 220.183, |
409 | Florida Statutes, are amended to read: |
410 | 220.183 Community contribution tax credit.-- |
411 | (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX |
412 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM |
413 | SPENDING.-- |
414 | (c) The total amount of tax credit which may be granted |
415 | for all programs approved under this section, s. 212.08(5)(q), |
416 | and s. 624.5105 is $20 $10 million annually. |
417 | (2) ELIGIBILITY REQUIREMENTS.-- |
418 | (b)1. All community contributions must be reserved |
419 | exclusively for use in projects as defined in s. 220.03(1)(t). |
420 | 2. The Office of Tourism, Trade, and Economic Development |
421 | shall may reserve 80 up to 50 percent of the available annual |
422 | tax credits for housing for donations made to eligible sponsors |
423 | for projects that provide homeownership opportunities for low- |
424 | income or very-low-income households pursuant to s. 420.9071(19) |
425 | and (28) for the first 2 6 months of the fiscal year. If less |
426 | than 80 percent of the annual tax credits for donations made to |
427 | eligible sponsors for projects for low-income or very-low-income |
428 | households are approved within the first 2 months of the fiscal |
429 | year, the office may approve the balance of approved credits for |
430 | donations made to eligible sponsors for projects other than |
431 | those that provide homeownership opportunities for low-income or |
432 | very-low-income households. |
433 | 3. The office shall reserve 20 percent of the available |
434 | annual tax credits for donations made to eligible sponsors for |
435 | projects other than those that provide homeownership |
436 | opportunities for low-income or very-low-income households |
437 | pursuant to s. 420.9071(19) and (28) for the first 2 months of |
438 | the fiscal year. If less than 20 percent of the annual tax |
439 | credits for donations made to eligible sponsors for projects |
440 | other than those that provide homeownership opportunities for |
441 | low-income or very-low-income households are approved within |
442 | the first 2 months of the fiscal year, the office may approve |
443 | the balance of approved credits for donations made to eligible |
444 | sponsors for projects that provide homeownership opportunities |
445 | for low-income or very-low-income households. |
446 | 4. If, during the first 10 business days of the state |
447 | fiscal year, tax credit applications are received for more than |
448 | 80 percent of available annual tax credits from eligible |
449 | sponsors for projects that provide homeownership opportunities |
450 | for low-income or very-low-income households, the office shall |
451 | grant the tax credits to such applications as follows: |
452 | a. If an eligible sponsor submits tax credit applications |
453 | which in total do not exceed $200,000, the credits shall be |
454 | granted in full if the tax credit applications are approved and |
455 | subject to the provisions of subparagraph 2. |
456 | b. If an eligible sponsor submits tax credit applications |
457 | which in total equal or exceed $200,000, the amount of tax |
458 | credits granted pursuant to sub-subparagraph a. shall be |
459 | subtracted from the amount of available tax credits pursuant to |
460 | subparagraph 2., and the remaining credits shall be granted to |
461 | each approved tax credit application on a pro rata basis. |
462 | c. If, after the first 2 months of the fiscal year, |
463 | additional credits become available pursuant to subparagraph |
464 | 3., the office shall grant the tax credits by first increasing |
465 | the credit of those who received a pro rata reduction and, if |
466 | there are remaining credits, granting credits to those who |
467 | applied on or after the 11th business day of the state fiscal |
468 | year on a first-come, first-served basis. |
469 | 5. If, during the first 10 business days of the state |
470 | fiscal year, tax credit applications are received for more than |
471 | 20 percent of available annual tax credits from eligible |
472 | sponsors for projects other than those that provide |
473 | homeownership opportunities for low-income or very-low-income |
474 | households, the office shall grant the tax credits to each |
475 | approved tax credit application on a pro rata basis. If, after |
476 | the first 2 months of the fiscal year, additional credits |
477 | become available pursuant to subparagraph 2., the office shall |
478 | grant the tax credits by first increasing the credit of those |
479 | who received a pro rata reduction and, if there are remaining |
480 | credits, granting credits to those who applied on or after the |
481 | 11th business day of the state fiscal year on a first-come, |
482 | first-served basis. |
483 | (5) EXPIRATION.--The provisions of this section, except |
484 | paragraph (1)(e), shall expire and be void on June 30, 2015 |
485 | 2005. |
486 | Section 6. Paragraph (f) of subsection (6) of section |
487 | 253.034, Florida Statutes, is amended to read: |
488 | 253.034 State-owned lands; uses.-- |
489 | (6) The Board of Trustees of the Internal Improvement |
490 | Trust Fund shall determine which lands, the title to which is |
491 | vested in the board, may be surplused. For conservation lands, |
492 | the board shall make a determination that the lands are no |
493 | longer needed for conservation purposes and may dispose of them |
494 | by an affirmative vote of at least three members. In the case of |
495 | a land exchange involving the disposition of conservation lands, |
496 | the board must determine by an affirmative vote of at least |
497 | three members that the exchange will result in a net positive |
498 | conservation benefit. For all other lands, the board shall make |
499 | a determination that the lands are no longer needed and may |
500 | dispose of them by an affirmative vote of at least three |
501 | members. |
502 | (f) In reviewing lands owned by the board, the council |
503 | shall consider whether such lands would be more appropriately |
504 | owned or managed by the county or other unit of local government |
505 | in which the land is located. The council shall recommend to the |
506 | board whether a sale, lease, or other conveyance to a local |
507 | government would be in the best interests of the state and local |
508 | government. The provisions of this paragraph in no way limit the |
509 | provisions of ss. 253.111 and 253.115. Such lands shall be |
510 | offered to the state, county, or local government for a period |
511 | of 30 days. Permittable uses for such surplus lands may include |
512 | public schools; public libraries; fire or law enforcement |
513 | substations; and governmental, judicial, or recreational |
514 | centers; and affordable housing. County or local government |
515 | requests for surplus lands shall be expedited throughout the |
516 | surplusing process. If the county or local government does not |
517 | elect to purchase such lands in accordance with s. 253.111, then |
518 | any surplusing determination involving other governmental |
519 | agencies shall be made upon the board deciding the best public |
520 | use of the lands. Surplus properties in which governmental |
521 | agencies have expressed no interest shall then be available for |
522 | sale on the private market. |
523 | Section 7. Subsection (5) is added to section 420.0003, |
524 | Florida Statutes, to read: |
525 | 420.0003 State housing strategy.-- |
526 | (5) HOUSING OPTIONS.--The affordable housing delivery |
527 | system shall provide for a variety of housing options as |
528 | appropriate, including, but not limited to, single family and |
529 | multifamily housing built according to chapter 553, manufactured |
530 | housing as defined in s. 320.01(2)(b), and housing coordinated |
531 | with services for special needs populations. |
532 | Section 8. Subsection (2) and paragraph (a) of subsection |
533 | (22) of section 420.507, Florida Statutes, are amended, |
534 | paragraph (h) is added to subsection (22) of said section, and |
535 | subsections (42), (43), (44), and (45) are added to said |
536 | section, to read: |
537 | 420.507 Powers of the corporation.--The corporation shall |
538 | have all the powers necessary or convenient to carry out and |
539 | effectuate the purposes and provisions of this part, including |
540 | the following powers which are in addition to all other powers |
541 | granted by other provisions of this part: |
542 | (2) To undertake and carry out studies and analyses of |
543 | housing needs within the state and ways of meeting those needs, |
544 | to determine whether supplies of affordable housing in various |
545 | markets may exceed future demands, and to develop methods of |
546 | assessing and assisting in the viability of properties adversely |
547 | affected by overbuilt markets. |
548 | (22) To develop and administer the State Apartment |
549 | Incentive Loan Program. In developing and administering that |
550 | program, the corporation may: |
551 | (a) Make first, second, and other subordinated mortgage |
552 | loans including variable or fixed rate loans subject to |
553 | contingent interest for all State Apartment Incentive Loans |
554 | provided for in this chapter based upon available cash flow of |
555 | the projects. The corporation shall make loans exceeding 25 |
556 | percent of project cost available only to nonprofit |
557 | organizations and public bodies which are able to secure grants, |
558 | donations of land, or contributions from other sources and to |
559 | projects meeting the criteria of subparagraph 1. Mortgage loans |
560 | shall be made available at the following rates of interest: |
561 | 1. Zero to 3 percent interest for sponsors of projects |
562 | that set aside at least maintain an 80 percent occupancy of |
563 | their total units for residents qualifying as farmworkers as |
564 | defined in s. 420.503(18), or commercial fishing workers as |
565 | defined in s. 420.503(5), or the homeless as defined in s. |
566 | 420.621(4) over the life of the loan. |
567 | 2. Zero to 3 percent interest for projects that set aside |
568 | at least 80 percent of the project's total units for the |
569 | homeless as defined in s. 420.621(4), provided the board may set |
570 | the interest rate based on the pro rata share of units set aside |
571 | for homeless residents if the total of such units is less than |
572 | 80 percent of the units in the borrower's project. |
573 | 3.2. Three to 9 percent interest for sponsors of projects |
574 | targeted at populations other than farmworkers, commercial |
575 | fishing workers, and the homeless. |
576 | (h) Establish procedures by rule whereby the corporation |
577 | may intervene, negotiate terms, or undertake other actions which |
578 | the corporation deems necessary to avoid default of a program |
579 | loan. Such procedures must be fiscally responsible and designed |
580 | to maximize returns to the state. |
581 | (42) To promote single family homeownership in this state |
582 | and develop and implement a marketing plan in cooperation with |
583 | local governments and state and federal agencies that includes |
584 | strategies such as advertising, homebuyer fairs, and homebuyer |
585 | education. |
586 | (43) To provide by rule for a program, not to exceed |
587 | $5,000 per home, to match the amount of rents set aside under |
588 | resident programs that are managed by affordable housing |
589 | providers participating in the corporation's rental programs to |
590 | provide financial assistance toward the purchase of a home. |
591 | (44) To establish by rule a program of incentives for |
592 | local governments which defer, reduce, or waive impact fees for |
593 | homes constructed for or sold to persons who qualify for |
594 | financing under an affordable homeownership program provided by |
595 | the state or a local government. The incentives must not exceed |
596 | 40 percent of any waiver or 20 percent of any deferral and are |
597 | limited to $4,000 per home. |
598 | (45) To establish by rule requirements for periodic |
599 | reporting of data, including, but not limited to, financial |
600 | data, housing market data, detailed economic and physical |
601 | occupancy on multifamily projects, and demographic data on all |
602 | housing financed through corporation programs. |
603 | Section 9. Subsection (8) is added to section 420.508, |
604 | Florida Statutes, to read: |
605 | 420.508 Special powers; multifamily and single-family |
606 | projects.--The corporation shall have the special power to: |
607 | (8) Provide by rule for master lease agreements for |
608 | farmworker housing developments when and where appropriate to |
609 | ensure continuity and stability of housing for farmworker |
610 | populations. |
611 | Section 10. Subsection (3) and paragraph (m) of subsection |
612 | (6) of section 420.5087, Florida Statutes, are amended to read: |
613 | 420.5087 State Apartment Incentive Loan Program.--There is |
614 | hereby created the State Apartment Incentive Loan Program for |
615 | the purpose of providing first, second, or other subordinated |
616 | mortgage loans or loan guarantees to sponsors, including for- |
617 | profit, nonprofit, and public entities, to provide housing |
618 | affordable to very-low-income persons. |
619 | (3) During the first 6 months of loan or loan guarantee |
620 | availability, program funds shall be reserved for use by |
621 | sponsors who provide the housing set-aside required in |
622 | subsection (2) for the tenant groups designated in this |
623 | subsection. The reservation of funds to each of these groups |
624 | shall be determined using the most recent statewide very-low- |
625 | income rental housing market study available at the time of |
626 | publication of each notice of fund availability required by |
627 | paragraph (6)(b). The reservation of funds within each notice of |
628 | fund availability to the tenant groups in paragraphs (a), (b), |
629 | and (d) may not be less than 10 percent of the funds available |
630 | at that time. Any increase in funding required to reach the 10- |
631 | percent minimum shall be taken from the tenant group that has |
632 | the largest reservation. The reservation of funds within each |
633 | notice of fund availability to the tenant group in paragraph (c) |
634 | may not be less than 5 percent of the funds available at that |
635 | time. The tenant groups are: |
636 | (a) Commercial fishing workers and farmworkers; |
637 | (b) Families; |
638 | (c) Persons who are homeless; and |
639 | (d) Elderly persons. Ten percent of the amount reserved |
640 | for the elderly shall be reserved to provide loans to sponsors |
641 | of housing for the elderly for the purpose of making building |
642 | preservation, health, or sanitation repairs or improvements |
643 | which are required by federal, state, or local regulation or |
644 | code, or lifesafety or security-related repairs or improvements |
645 | to such housing. Such a loan may not exceed $500,000 $200,000 |
646 | per housing community for the elderly. In order to receive the |
647 | loan, the sponsor of the housing community must make a |
648 | commitment to match at least 15 percent of the loan amount to |
649 | pay the cost of such repair or improvement. The corporation |
650 | shall establish the rate of interest on the loan, which may not |
651 | exceed 3 percent, and the term of the loan, which may not exceed |
652 | 15 years. The term of the loan shall be established on the basis |
653 | of a credit analysis of the applicant. The corporation shall |
654 | establish, by rule, the procedure and criteria for receiving, |
655 | evaluating, and competitively ranking all applications for loans |
656 | under this paragraph. A loan application must include evidence |
657 | of the first mortgagee's having reviewed and approved the |
658 | sponsor's intent to apply for a loan. A nonprofit organization |
659 | or sponsor may not use the proceeds of the loan to pay for |
660 | administrative costs, routine maintenance, or new construction. |
661 | (6) On all state apartment incentive loans, except loans |
662 | made to housing communities for the elderly to provide for |
663 | lifesafety, building preservation, health, sanitation, or |
664 | security-related repairs or improvements, the following |
665 | provisions shall apply: |
666 | (m) Sponsors shall annually certify, according to |
667 | requirements provided by the corporation by rule, the adjusted |
668 | gross income of all persons or families qualified under |
669 | subsection (2) at the time of initial occupancy, who are |
670 | residing in a project funded by this program. All persons or |
671 | families qualified under subsection (2) may continue to qualify |
672 | under subsection (2) in a project funded by this program if the |
673 | adjusted gross income of those persons or families at the time |
674 | of annual recertification meets the requirements established in |
675 | s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as |
676 | amended. If the annual recertification of persons or families |
677 | qualifying under subsection (2) results in noncompliance with |
678 | income occupancy requirements, the next available unit must be |
679 | rented to a person or family qualifying under subsection (2) in |
680 | order to ensure continuing compliance of the project. |
681 | Section 11. Subsection (3) of section 420.511, Florida |
682 | Statutes, is amended to read: |
683 | 420.511 Business plan; strategic plan; annual report.-- |
684 | (3) The corporation shall submit to the Governor and the |
685 | presiding officers of each house of the Legislature, within 2 |
686 | months after the end of its fiscal year, a complete and detailed |
687 | report setting forth: |
688 | (a) Its operations and accomplishments.; |
689 | (b) Changes made to the rules of the corporation pursuant |
690 | to s. 120.54. |
691 | (c)(b) Its receipts and expenditures during its fiscal |
692 | year in accordance with the categories or classifications |
693 | established by the corporation for its operating and capital |
694 | outlay purposes.; |
695 | (d)(c) Its assets and liabilities at the end of its fiscal |
696 | year and the status of reserve, special, or other funds.; |
697 | (e)(d) A schedule of its bonds outstanding at the end of |
698 | its fiscal year, together with a statement of the principal |
699 | amounts of bonds issued and redeemed during the fiscal year.; |
700 | and |
701 | (f)(e) Information relating to the corporation's |
702 | activities in implementing the provisions of ss. 420.5087 and |
703 | 420.5088. The report required by this subsection shall include, |
704 | but not be limited to: |
705 | 1. The number of people served, delineated by income, age, |
706 | family size, and racial characteristics. |
707 | 2. The number of units produced under each program. |
708 | 3. The average cost of producing units under each program. |
709 | 4. The average sales price of single-family units financed |
710 | under s. 420.5088. |
711 | 5. The average amount of rent charged based on unit size |
712 | on units financed under s. 420.5087. |
713 | 6. The number of persons in rural communities served under |
714 | each program. |
715 | 7. The number of farmworkers served under each program. |
716 | 8. The number of homeless persons served under each |
717 | program. |
718 | 9. The number of elderly persons served under each |
719 | program. |
720 | 10. The extent to which geographic distribution has been |
721 | achieved in accordance with the provisions of s. 420.5087. |
722 | 11. The quarterly physical occupancy rate of each |
723 | multifamily housing project. |
724 | 12.11. Any other information the corporation deems |
725 | appropriate. |
726 | (g) Information relating to the corporation's Florida |
727 | Affordable Housing Guarantee Program as created by s. 420.5092. |
728 | The report required by this subsection shall include, but not be |
729 | limited to: |
730 | 1. A status at the end of the most recently completed |
731 | fiscal year of the total amount of revenue bonds issued by the |
732 | corporation under s. 420.5092, the principal and interest due on |
733 | such bonds for the reporting period, the total amount of such |
734 | bonds redeemed during the reporting period, and the interest |
735 | earned by the investment of the funds from such revenue bonds |
736 | during the reporting period. |
737 | 2. A list of all stabilized properties at the end of the |
738 | most recently completed fiscal year guaranteed by the Florida |
739 | Affordable Housing Guarantee Program, which includes the city |
740 | and county, the total number of units constructed, the quarterly |
741 | occupancy rates expressed as percentages for the fiscal year, |
742 | the total principal and interest due for the fiscal year, the |
743 | principal and interest paid for the fiscal year, and the Florida |
744 | Affordable Housing Guarantee Program's total outstanding |
745 | obligation at the end of the fiscal year. |
746 | Section 12. Subsection (12) is added to section 420.5092, |
747 | Florida Statutes, to read: |
748 | 420.5092 Florida Affordable Housing Guarantee Program.-- |
749 | (12) By October 1 of each year, the corporation shall |
750 | submit to the Governor, the President of the Senate, the Speaker |
751 | of the House of Representatives, and the chairs of the |
752 | respective appropriations committees an assessment of the |
753 | Florida Affordable Housing Guarantee Program. The assessment |
754 | shall include an analysis of the likelihood that the guarantee |
755 | fund will pay claims during the next 2 fiscal years. |
756 | Section 13. Section 420.517, Florida Statutes, is amended |
757 | to read: |
758 | 420.517 Coordination of affordable housing and support |
759 | services for low-income residents job training coordination.-- |
760 | (1) The Florida Housing Finance corporation shall |
761 | undertake efforts to provide incentives to developers to build |
762 | housing that encourages onsite job skills training to enable |
763 | low-income residents to obtain and maintain meaningful |
764 | employment. To the extent possible, the corporation shall direct |
765 | all recipients of state housing funds, including municipalities, |
766 | to work in cooperation with local and regional Job Training |
767 | Partnerships Boards to provide training to residents and others |
768 | who may be making the transition from welfare to the workforce. |
769 | The corporation shall provide incentives through housing policy |
770 | and program guidelines to prioritize those developments that |
771 | encourage workforce training and skills development. |
772 | (2) The corporation shall coordinate with state and |
773 | regional entities, including, but not limited to, the Agency for |
774 | Workforce Innovation, the Department of Education, the |
775 | Department of Elderly Affairs, the Department of Children and |
776 | Family Services, the Department of Veteran's Affairs, the |
777 | Department of Corrections, and the Department of Juvenile |
778 | Justice, to provide affordable housing tenants and providers |
779 | with information about available supportive services, including |
780 | education, job training, and health and social services. The |
781 | corporation shall also coordinate with state agencies to provide |
782 | prospective tenants with assistance in qualifying for affordable |
783 | housing. |
784 | (3) The corporation shall develop state and regional |
785 | partnerships to coordinate affordable housing with supportive |
786 | services, including, but not limited to, education, job |
787 | training, and health and social services, to assist low-income |
788 | residents to live in the most independent setting possible. |
789 | (4) The corporation shall report on its coordination |
790 | efforts and accomplishments in the annual report required by s. |
791 | 420.511(3). |
792 | Section 14. Paragraph (a) of subsection (1) of section |
793 | 420.9072, Florida Statutes, is amended to read: |
794 | 420.9072 State Housing Initiatives Partnership |
795 | Program.--The State Housing Initiatives Partnership Program is |
796 | The State Housing Initiatives Partnership Program is created for |
797 | the purpose of providing funds to counties and eligible |
798 | municipalities as an incentive for the creation of local housing |
799 | partnerships, to expand production of and preserve affordable |
800 | housing, to further the housing element of the local government |
801 | comprehensive plan specific to affordable housing, and to |
802 | increase housing-related employment. |
803 | (1)(a) In addition to the legislative findings set forth |
804 | in s. 420.6015, the Legislature finds that affordable housing is |
805 | most effectively provided by combining available public and |
806 | private resources to conserve and improve existing housing and |
807 | provide new housing for very-low-income households, low-income |
808 | households, and moderate-income households. The Legislature |
809 | intends to encourage partnerships in order to secure the |
810 | benefits of cooperation by the public and private sectors and to |
811 | reduce the cost of housing for the target group by effectively |
812 | combining all available resources and cost-saving measures. The |
813 | Legislature further intends that local governments achieve this |
814 | combination of resources by encouraging active partnerships |
815 | between government, lenders, builders and developers, real |
816 | estate professionals, advocates for low-income persons, and |
817 | community groups to produce affordable housing and provide |
818 | related services. Extending the partnership concept to encompass |
819 | cooperative efforts among small counties as defined in s. |
820 | 120.52(17), and among counties and municipalities is |
821 | specifically encouraged. Local governments are also intended to |
822 | establish and retain an affordable housing advisory committee to |
823 | recommend monetary and nonmonetary incentives for affordable |
824 | housing as provided in s. 420.9076. |
825 | Section 15. Paragraph (c) of subsection (4) of section |
826 | 420.9075, Florida Statutes, is amended to read: |
827 | 420.9075 Local housing assistance plans; partnerships.-- |
828 | (4) The following criteria apply to awards made to |
829 | eligible sponsors or eligible persons for the purpose of |
830 | providing eligible housing: |
831 | (c) The sales price or value of new or existing eligible |
832 | housing may not exceed 90 percent of the average area purchase |
833 | price in the statistical area in which the eligible housing is |
834 | located as established by the corporation by rule. Local |
835 | governments may not set maximum sales prices below the amounts |
836 | established by the corporation. If Federal Housing |
837 | Administration limits are lower than those established by the |
838 | corporation, the Federal Housing Administration limits shall be |
839 | the maximum Such average area purchase price may be that |
840 | calculated for any 12-month period beginning not earlier than |
841 | the fourth calendar year prior to the year in which the award |
842 | occurs. |
843 |
|
844 | If both an award under the local housing assistance plan and |
845 | federal low-income housing tax credits are used to assist a |
846 | project and there is a conflict between the criteria prescribed |
847 | in this subsection and the requirements of s. 42 of the Internal |
848 | Revenue Code of 1986, as amended, the county or eligible |
849 | municipality may resolve the conflict by giving precedence to |
850 | the requirements of s. 42 of the Internal Revenue Code of 1986, |
851 | as amended, in lieu of following the criteria prescribed in this |
852 | subsection with the exception of paragraphs (a) and (d) of this |
853 | subsection. |
854 | Section 16. Subsection (2) of section 420.9076, Florida |
855 | Statutes, is amended, subsections (3) through (7) of said |
856 | section are renumbered as subsections (4) through (8), |
857 | respectively, a new subsection (3) is added to said section, and |
858 | paragraphs (k) and (l) are added to present subsection (4) of |
859 | said section, to read: |
860 | 420.9076 Adoption of affordable housing incentive |
861 | strategies; committees.-- |
862 | (2) The governing board of a county or municipality shall |
863 | appoint the members of the affordable housing advisory committee |
864 | by resolution. Pursuant to the terms of any interlocal |
865 | agreement, a county and municipality may create and jointly |
866 | appoint an advisory committee to prepare a joint plan. The |
867 | ordinance adopted pursuant to s. 420.9072 which creates the |
868 | advisory committee or the resolution appointing the advisory |
869 | committee members must provide for a minimum of nine committee |
870 | members and their terms. The committee must include: |
871 | (a) One citizen who is actively engaged in the residential |
872 | home building industry in connection with affordable housing. |
873 | (b) One citizen who is actively engaged in the banking or |
874 | mortgage banking industry in connection with affordable housing. |
875 | (c) One citizen who is a representative of those areas of |
876 | labor actively engaged in home building in connection with |
877 | affordable housing. |
878 | (d) One citizen who is actively engaged as an advocate for |
879 | low-income persons in connection with affordable housing. |
880 | (e) One citizen who is actively engaged as a for-profit |
881 | provider of affordable housing. |
882 | (f) One citizen who is actively engaged as a not-for- |
883 | profit provider of affordable housing. |
884 | (g) One citizen who is actively engaged as a real estate |
885 | professional in connection with affordable housing. |
886 | (h) One citizen who actively serves on the local planning |
887 | agency pursuant to s. 163.3174. |
888 | (i) One citizen who resides within the jurisdiction of the |
889 | local governing body making the appointments. |
890 |
|
891 | Any additional committee members must be citizens within the |
892 | jurisdiction of the local governing body making the |
893 | appointments. |
894 | If a county or eligible municipality whether due to its small |
895 | size, the presence of a conflict of interest by prospective |
896 | appointees, or other reasonable factor, is unable to appoint a |
897 | citizen actively engaged in these activities in connection with |
898 | affordable housing, a citizen engaged in the activity without |
899 | regard to affordable housing may be appointed. |
900 | (3) Each county or eligible municipality participating in |
901 | the State Housing Initiatives Partnership Program must maintain |
902 | an operational affordable housing advisory committee. |
903 | (5)(4) The advisory committee shall review the established |
904 | policies and procedures, ordinances, land development |
905 | regulations, and adopted local government comprehensive plan of |
906 | the appointing local government and shall recommend specific |
907 | initiatives to encourage or facilitate affordable housing while |
908 | protecting the ability of the property to appreciate in value. |
909 | Such recommendations may include the modification or repeal of |
910 | existing policies, procedures, ordinances, regulations, or plan |
911 | provisions; the creation of exceptions applicable to affordable |
912 | housing; or the adoption of new policies, procedures, |
913 | regulations, ordinances, or plan provisions. At a minimum, each |
914 | advisory committee shall make recommendations on affordable |
915 | housing incentives in the following areas: |
916 | (k) The review of the local affordable housing element of |
917 | the local government comprehensive plan pursuant to chapter 163 |
918 | and the Local Housing Assistance Plan. |
919 | (l) Actions as liaison between local governing councils |
920 | and commissions and the general public. |
921 |
|
922 | The advisory committee recommendations must also include other |
923 | affordable housing incentives identified by the advisory |
924 | committee. |
925 | Section 17. Subsection (2) of section 421.02, Florida |
926 | Statutes, is amended to read: |
927 | 421.02 Finding and declaration of necessity.--It is hereby |
928 | declared that: |
929 | (2) Blighted Slum areas in the state cannot be revitalized |
930 | cleared, nor can the shortage of safe and sanitary dwellings for |
931 | persons of low income be relieved, through the operation of |
932 | private enterprise, and that the construction of housing |
933 | projects for persons of low income, as herein defined, would |
934 | therefore not be competitive with private enterprise. |
935 | Section 18. Subsection (8) of section 421.08, Florida |
936 | Statutes, is renumbered as subsection (10), and new subsections |
937 | (8) and (9) are added to said section, to read: |
938 | 421.08 Powers of authority.--An authority shall constitute |
939 | a public body corporate and politic, exercising the public and |
940 | essential governmental functions set forth in this chapter, and |
941 | having all the powers necessary or convenient to carry out and |
942 | effectuate the purpose and provisions of this chapter, including |
943 | the following powers in addition to others herein granted: |
944 | (8) To create for-profit and non-for-profit corporations, |
945 | limited liability companies, and such other business entities |
946 | pursuant to the laws of this state in which housing authorities |
947 | may hold an ownership interest or participate in their |
948 | governance to engage in the development, acquisition, leasing, |
949 | construction, rehabilitation, management, or operation of |
950 | multifamily and single-family residential projects. These |
951 | projects may include nonresidential uses and may use public and |
952 | private funds to serve individuals or families who meet the |
953 | applicable income requirements of the state or federal program |
954 | involved, whose income does not exceed 150 percent of the |
955 | applicable Area Median Income as established by the United |
956 | States Department of Housing and Urban Development, and who, in |
957 | the determination of the housing authority, lack sufficient |
958 | income or assets to enable them to purchase or rent decent, |
959 | safe, and sanitary dwelling. These corporations, limited |
960 | liability companies, or other business entities are authorized |
961 | and empowered to join partnerships, joint ventures, or limited |
962 | liability companies or to otherwise engage with business |
963 | entities in the development, acquisition, leasing, construction, |
964 | rehabilitation, management, or operation of such projects. The |
965 | creation of such corporations, limited liability companies, or |
966 | other business entities by housing authorities for the purposes |
967 | set forth in this chapter together with all proceedings, acts, |
968 | and things theretofore undertaken, performed, or done are hereby |
969 | validated, ratified, confirmed, approved, and declared legal in |
970 | all respects. |
971 | (9) Notwithstanding the provisions for per diem and travel |
972 | expenses of public officers, employees, and authorized persons |
973 | set forth in s. 112.061, the governing board of an authority may |
974 | approve and implement policies for per diem, travel, and other |
975 | expenses of its officials, officers, board members, employees, |
976 | and authorized persons in a manner consistent with federal |
977 | guidelines. |
978 | Section 19. Section 421.09, Florida Statutes, is amended |
979 | to read: |
980 | 421.09 Operation not for profit.--It is the policy of this |
981 | state that each housing authority shall manage and operate its |
982 | housing projects in an efficient manner so as to enable it to |
983 | fix the rentals for dwelling accommodations at the lowest |
984 | possible rates consistent with its providing decent, safe and |
985 | sanitary dwelling accommodations, and that no housing authority |
986 | shall construct or operate any such project for profit, or as a |
987 | source of revenue to the city. To this end an authority shall |
988 | fix the rentals for dwellings in its project at no higher rate |
989 | than it shall find to be necessary in order to produce revenues |
990 | which, together with all other available moneys, revenue, income |
991 | and receipts of the authority from whatever sources derived, |
992 | will be sufficient: |
993 | (1) To pay, as the same shall become due, the principal |
994 | and interest on the debentures of the authority; |
995 | (2) To meet the cost of, and to provide for, maintaining |
996 | and operating the projects, including the cost of any insurance, |
997 | and the administrative expenses of the authority; and |
998 | (3) To create, during not less than the 6 years |
999 | immediately succeeding its issuance of any debentures, a reserve |
1000 | sufficient to meet the largest principal and interest payments |
1001 | which will be due on such debentures in any one year thereafter, |
1002 | and to maintain such reserve. |
1003 |
|
1004 | This section shall in no way prohibit or restrict the activities |
1005 | or operations of the business entities created pursuant to s. |
1006 | 421.08(8). |
1007 | Section 20. Section 421.23, Florida Statutes, is amended |
1008 | to read: |
1009 | 421.23 Liabilities of authority.--In no event shall the |
1010 | liabilities, whether ex contractu or ex delicto, of an authority |
1011 | arising from the operation of its housing projects, be payable |
1012 | from any funds other than the rents, fees, or revenues of such |
1013 | projects and any grants or subsidies paid to such authority by |
1014 | the Federal Government, unless such other funds are lawfully |
1015 | pledged by the authority's governing board. |
1016 | Section 21. Paragraph (c) of subsection (1) and subsection |
1017 | (6) of section 624.5105, Florida Statutes, are amended, and |
1018 | paragraph (e) is added to subsection (2) of said section, to |
1019 | read: |
1020 | 624.5105 Community contribution tax credit; authorization; |
1021 | limitations; eligibility and application requirements; |
1022 | administration; definitions; expiration.-- |
1023 | (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- |
1024 | (c) The total amount of tax credit which may be granted |
1025 | for all programs approved under this section and ss. |
1026 | 212.08(5)(q) and s. 220.183 is $20 $10 million annually. |
1027 | (2) ELIGIBILITY REQUIREMENTS.-- |
1028 | (e)1. The Office of Tourism, Trade, and Economic |
1029 | Development shall reserve 80 percent of the available annual |
1030 | tax credits for donations made to eligible sponsors for |
1031 | projects that provide homeownership opportunities for low- |
1032 | income or very-low-income households pursuant to s. |
1033 | 420.9071(19) and (28) for the first 2 months of the fiscal |
1034 | year. If less than 80 percent of the annual tax credits for |
1035 | donations made to eligible sponsors for projects that provide |
1036 | homeownership opportunities for low-income or very-low-income |
1037 | households are approved within the first 2 months of the fiscal |
1038 | year, the office may approve the balance of approved credits |
1039 | for donations made to eligible sponsors for projects other than |
1040 | those that provide homeownership opportunities for low-income |
1041 | or very-low-income households. |
1042 | 2. The office shall reserve 20 percent of the available |
1043 | annual tax credits for donations made to eligible sponsors for |
1044 | projects other than those that provide homeownership |
1045 | opportunities for low-income or very-low-income households |
1046 | pursuant to s. 420.9071(19) and (28) for the first 2 months of |
1047 | the fiscal year. If less than 20 percent of the annual tax |
1048 | credits for donations made to eligible sponsors for projects |
1049 | other than those that provide homeownership opportunities for |
1050 | low-income or very-low-income households are approved within |
1051 | the first 2 months of the fiscal year, the office may approve |
1052 | the balance of approved credits for donations made to eligible |
1053 | sponsors for projects that provide homeownership opportunities |
1054 | for low-income or very-low-income households. |
1055 | 3. If, during the first 10 business days of the state |
1056 | fiscal year, tax credit applications are received for more than |
1057 | 80 percent of available annual tax credits from eligible |
1058 | sponsors for projects that provide homeownership opportunities |
1059 | for low-income or very-low-income households, the office shall |
1060 | grant the tax credits to such applications as follows: |
1061 | a. If an eligible sponsor submits tax credit applications |
1062 | which in total equal or exceed $200,000, the credits shall be |
1063 | granted in full if the tax credit applications are approved and |
1064 | subject to the provisions of subparagraph 1. |
1065 | b. If an eligible sponsor submits 6 or more tax credit |
1066 | applications, the amount of tax credits granted pursuant to |
1067 | sub-subparagraph a. shall be subtracted from the amount of |
1068 | available tax credits pursuant to subparagraph 1., and the |
1069 | remaining credits shall be granted to each approved tax credit |
1070 | application on a pro rata basis. |
1071 | c. If, after the first 2 months of the fiscal year, |
1072 | additional credits become available pursuant to subparagraph |
1073 | 2., the office shall grant the tax credits by first increasing |
1074 | the credit of those who received a pro rata reduction and, if |
1075 | there are remaining credits, granting credits to those who |
1076 | applied on or after the 11th business day of the state fiscal |
1077 | year on a first-come, first-served basis. |
1078 | 4. If, during the first 10 business days of the state |
1079 | fiscal year, tax credit applications are received for more than |
1080 | 20 percent of available annual tax credits from eligible |
1081 | sponsors for projects other than those that provide |
1082 | homeownership opportunities for low-income or very-low-income |
1083 | households, the office shall grant the tax credits to each |
1084 | approved tax credit application on a pro rata basis. If, after |
1085 | the first 2 months of the fiscal year, additional credits |
1086 | become available pursuant to subparagraph 1., the office shall |
1087 | grant the tax credits by first increasing the credit of those |
1088 | who received a pro rata reduction and, if there are remaining |
1089 | credits, granting credits to those who applied on or after the |
1090 | 11th business day of the state fiscal year on a first-come, |
1091 | first-served basis. |
1092 | (6) EXPIRATION.--The provisions of this section, except |
1093 | paragraph (1)(e), shall expire and be void on June 30, 2015 |
1094 | 2005. |
1095 | Section 22. Section 421.54, Florida Statutes, is repealed. |
1096 | Section 23. (1) The sum of $350,000 is hereby |
1097 | appropriated from the General Revenue Fund for the purpose of |
1098 | implementing the provisions established to promote single-family |
1099 | homeownership pursuant to s. 420.507(42), Florida Statutes. |
1100 | (2) The sum of $350,000 is hereby appropriated from the |
1101 | General Revenue Fund for the purpose of matching rent set-asides |
1102 | to provide financial assistance toward the purchase of a home |
1103 | pursuant to s. 420.507(43), Florida Statutes. |
1104 | (3) The sum of $5 million is hereby appropriated from the |
1105 | General Revenue Fund to establish incentives which defer, |
1106 | reduce, or waive impact fees pursuant to the provisions of s. |
1107 | 420.507(44), Florida Statutes. |
1108 | (4) The sum of $10 million is hereby appropriated from the |
1109 | General Revenue Fund to the large county category, as defined in |
1110 | the rules of the Florida Housing Finance Corporation and in Rule |
1111 | 67-48 of the Florida Administrative Code, in fiscal year 2004- |
1112 | 2005 for the purpose of assisting the SAIL program. |
1113 | Section 24. This act shall take effect upon becoming a |
1114 | law. |