HB 0545CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to affordable housing; amending s. 421.02,
8F.S.; revising a legislative declaration relating to
9blighted areas; amending s. 421.08, F.S.; authorizing
10certain housing authorities to create business entities
11for certain purposes; providing requirements and
12limitations; authorizing such authorities to provide for
13per diem, travel, and other expenses; amending s. 421.09,
14F.S.; providing construction; amending s. 421.23, F.S.;
15revising a limitation on financial liabilities of such
16authorities; repealing s. 421.54, F.S., relating to
17limitations on housing authorities in Orange and Seminole
18Counties; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (2) of section 421.02, Florida
23Statutes, is amended to read:
24     421.02  Finding and declaration of necessity.--It is hereby
25declared that:
26     (2)  Blighted Slum areas in the state cannot be revitalized
27cleared, nor can the shortage of safe and sanitary dwellings for
28persons of low income be relieved, solely through the operation
29of private enterprise, and that the construction of housing
30projects for persons of low income, as herein defined, would
31therefore not be competitive with private enterprise.
32     Section 2.  Subsection (8) of section 421.08, Florida
33Statutes, is renumbered as subsection (10), and new subsections
34(8) and (9) are added to said section, to read:
35     421.08  Powers of authority.--An authority shall constitute
36a public body corporate and politic, exercising the public and
37essential governmental functions set forth in this chapter, and
38having all the powers necessary or convenient to carry out and
39effectuate the purpose and provisions of this chapter, including
40the following powers in addition to others herein granted:
41     (8)  To organize for the purpose of creating a for-profit
42or not-for-profit corporation, limited liability company, or
43other similar business entity pursuant to all applicable laws of
44the state in which the housing authority may hold an ownership
45interest or participate in their governance to engage in the
46development, acquisition, leasing, construction, rehabilitation,
47management, or operation of multifamily and single family
48residential projects. These projects may include nonresidential
49uses and may utilize public and private funds to serve
50individuals or families who meet the applicable income
51requirements of the state or federal program involved, whose
52income does not exceed 150 percent of the applicable area median
53income as established by the United States Department of Housing
54and Urban Development, and who, in the determination of the
55housing authority, lack sufficient income or assets to enable
56them to purchase or rent a decent, safe, and sanitary dwelling.
57These for-profit and not-for-profit corporations, limited
58liability companies, or other business entities are authorized
59and empowered to join partnerships, joint ventures, and limited
60liability companies pursuant to applicable laws or otherwise
61engage with business entities in the development, acquisition,
62leasing, construction, rehabilitation, management, or operation
63of such projects. The creation of such corporations, limited
64liability companies, or other business entities that are
65properly registered pursuant to all applicable laws by housing
66authorities for the purposes set forth in this chapter, together
67with all proceedings, acts, and things theretofore undertaken,
68performed, or done, are hereby validated, ratified, confirmed,
69approved, and declared legal in all respects.
70     (9)  Notwithstanding the provisions for per diem and travel
71expenses of public officers, employees, and authorized persons
72set forth in s. 112.061, the governing board of an authority may
73approve and implement policies for per diem, travel, and other
74expenses of its officials, officers, board members, employees,
75and authorized persons in a manner consistent with federal
76guidelines.
77     Section 3.  Section 421.09, Florida Statutes, is amended to
78read:
79     421.09  Operation not for profit.--
80     (1)  It is the policy of this state that each housing
81authority shall manage and operate its housing projects in an
82efficient manner so as to enable it to fix the rentals for
83dwelling accommodations at the lowest possible rates consistent
84with its providing decent, safe, and sanitary dwelling
85accommodations, and that no housing authority shall construct or
86operate any such project for profit, or as a source of revenue
87to the city. To this end an authority shall fix the rentals for
88dwellings in its project at no higher rate than it shall find to
89be necessary in order to produce revenues which, together with
90all other available moneys, revenue, income, and receipts of the
91authority from whatever sources derived, will be sufficient:
92     (a)(1)  To pay, as the same shall become due, the principal
93and interest on the debentures of the authority;
94     (b)(2)  To meet the cost of, and to provide for,
95maintaining and operating the projects, including the cost of
96any insurance, and the administrative expenses of the authority;
97and
98     (c)(3)  To create, during not less than the 6 years
99immediately succeeding its issuance of any debentures, a reserve
100sufficient to meet the largest principal and interest payments
101which will be due on such debentures in any one year thereafter,
102and to maintain such reserve.
103     (2)  This section shall in no way prohibit or restrict the
104activities or operations of the business entities created
105pursuant to s. 421.08(8).
106     Section 4.  Section 421.23, Florida Statutes, is amended to
107read:
108     421.23  Liabilities of authority.--In no event shall the
109liabilities, whether ex contractu or ex delicto, of an authority
110arising from the operation of its housing projects, be payable
111from any funds other than the rents, fees, or revenues of such
112projects and any grants or subsidies paid to such authority by
113the Federal Government, unless such other funds are lawfully
114pledged by the authority's governing board.
115     Section 5.  Section 421.54, Florida Statutes, is repealed.
116     Section 6.  This act shall take effect July 1, 2005.


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