HB 1795

CS

CHAMBER ACTION

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

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