HB 1309

1	A bill to be entitled
2	An act relating to local housing assistance; amending s.
3	420.9075, F.S.; providing down payment assistance to
4	essential service and skilled building trades personnel;
5	providing criteria for such assistance; requiring
6	compliance with the eligibility criteria to be verified by
7	the county or eligible municipality; providing that the
8	program shall provide down payment assistance in an amount
9	to be determined by rule; providing that liens on the
10	recipient's property securing the assistance shall be
11	released under certain conditions; encouraging counties
12	and municipalities to develop an element within their
13	local housing assistance plans emphasizing the recruitment
14	and retention of such personnel; authorizing the Florida
15	Housing Finance Corporation to allocate certain funds;
16	providing the corporation with rulemaking authority;
17	amending ss. 420.9072 and 420.9079, F.S.; conforming
18	cross-references to changes made by the act; providing an
19	appropriation; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (5) through (12) of section
24	420.9075, Florida Statutes, are renumbered as subsections (6)
25	through (13), respectively, and a new subsection (5) is added to
26	that section to read:
27	420.9075  Local housing assistance plans; partnerships.--
28	(5)  In order to assist in the recruitment and retention of
29	essential service personnel and skilled building trades
30	personnel, the following shall be included in the local housing
31	assistance plan:
32	(a)  Down payment assistance shall be provided to an
33	eligible person who meets the following criteria, in addition to
34	other requirements of the plan. The person:
35	1.  Shall be employed full time in an essential service
36	occupation or skilled building trade.
37	2.  Shall declare his or her homestead and maintain
38	residency at his or her homestead.
39	3.  Shall demonstrate a 5-year minimum commitment to
40	continued employment in an essential service occupation or
41	skilled building trade within the county of current employment.
42	(b)  Compliance with the eligibility criteria established
43	under this subsection shall be verified during the life of the
44	loan by the county or eligible municipality.
45	(c)  The program shall provide down payment assistance in
46	an amount to be determined by rule, not to exceed 25 percent of
47	purchase price, if the county or eligible municipality within
48	which an eligible recipient is employed provides funding through
49	the State Housing Initiatives Partnership Program to the
50	eligible recipient under ss. 420.907-420.9079, whether solely or
51	in conjunction with a local housing finance agency or a private
52	sector partner.
53	(d)  Any lien on the recipient's property securing the
54	assistance provided under this subsection shall be released if
55	the recipient fulfills the 5-year commitment specified in
56	subparagraph (a)3.
57	(e)  Each county and each eligible municipality is
58	encouraged to develop an element within its local housing
59	assistance plan that emphasizes the recruitment and retention of
60	essential service personnel and persons skilled in the building
61	trades.
62	(f)  Notwithstanding the distribution formula in s.
63	420.9073, the corporation is authorized to allocate funds to
64	implement this subsection and may allocate funds to projects
65	that are regional or statewide in scope.
66	(g)  The corporation is authorized to make rules to
67	implement this subsection, including, but not limited to, the
68	allocation of funds and selection of projects for funding under
69	this subsection.
70	Section 2.  Subsection (2) of section 420.9072, Florida
71	Statutes, is amended to read:
72	420.9072  State Housing Initiatives Partnership
73	Program.--The State Housing Initiatives Partnership Program is
74	created for the purpose of providing funds to counties and
75	eligible municipalities as an incentive for the creation of
76	local housing partnerships, to expand production of and preserve
77	affordable housing, to further the housing element of the local
78	government comprehensive plan specific to affordable housing,
79	and to increase housing-related employment.
80	(2)(a)  To be eligible to receive funds under the program,
81	a county or eligible municipality must:
82	1.  Submit to the corporation its local housing assistance
83	plan describing the local housing assistance strategies
84	established pursuant to s. 420.9075;
85	2.  Within 12 months after adopting the local housing
86	assistance plan, amend the plan to incorporate the local housing
87	incentive strategies defined in s. 420.9071(16) and described in
88	s. 420.9076; and
89	3.  Within 24 months after adopting the amended local
90	housing assistance plan to incorporate the local housing
91	incentive strategies, amend its land development regulations or
92	establish local policies and procedures, as necessary, to
93	implement the local housing incentive strategies adopted by the
94	local governing body. A county or an eligible municipality that
95	has adopted a housing incentive strategy pursuant to s. 420.9076
96	before the effective date of this act shall review the status of
97	implementation of the plan according to its adopted schedule for
98	implementation and report its findings in the annual report
99	required by s. 420.9075(10)(9). If as a result of the review, a
100	county or an eligible municipality determines that the
101	implementation is complete and in accordance with its schedule,
102	no further action is necessary. If a county or an eligible
103	municipality determines that implementation according to its
104	schedule is not complete, it must amend its land development
105	regulations or establish local policies and procedures, as
106	necessary, to implement the housing incentive plan within 12
107	months after the effective date of this act, or if extenuating
108	circumstances prevent implementation within 12 months, pursuant
109	to s. 420.9075(13)(12), enter into an extension agreement with
110	the corporation.
111	(b)  A county or an eligible municipality seeking approval
112	to receive its share of the local housing distribution must
113	adopt an ordinance containing the following provisions:
114	1.  Creation of a local housing assistance trust fund as
115	described in s. 420.9075(6)(5).
116	2.  Adoption by resolution of a local housing assistance
117	plan as defined in s. 420.9071(14) to be implemented through a
118	local housing partnership as defined in s. 420.9071(18).
119	3.  Designation of the responsibility for the
120	administration of the local housing assistance plan. Such
121	ordinance may also provide for the contracting of all or part of
122	the administrative or other functions of the program to a third
123	person or entity.
124	4.  Creation of the affordable housing advisory committee
125	as provided in s. 420.9076.
126
127	The ordinance must not take effect until at least 30 days after
128	the date of formal adoption. Ordinances in effect prior to the
129	effective date of amendments to this section shall be amended as
130	needed to conform to new provisions.
131	Section 3.  Subsection (2) of section 420.9079, Florida
132	Statutes, is amended to read:
133	420.9079  Local Government Housing Trust Fund.--
134	(2)  The corporation shall administer the fund exclusively
135	for the purpose of implementing the programs described in ss.
136	420.907-420.9078 and this section. With the exception of
137	monitoring the activities of counties and eligible
138	municipalities to determine local compliance with program
139	requirements, the corporation shall not receive appropriations
140	from the fund for administrative or personnel costs. For the
141	purpose of implementing the compliance monitoring provisions of
142	s. 420.9075(9)(8), the corporation may request a maximum of
143	$200,000 per state fiscal year. When such funding is
144	appropriated, the corporation shall deduct the amount
145	appropriated prior to calculating the local housing distribution
146	pursuant to ss. 420.9072 and 420.9073.
147	Section 4.  Effective July 1, 2006, there is appropriated
148	from the Local Government Housing Trust Fund, for distribution
149	through the State Housing Initiative Partnership Program as
150	provided in s. 420.9075(5), Florida Statutes, to the Florida
151	Housing Finance Corporation an amount sufficient for the purpose
152	of providing funds for affordable housing to assist in retention
153	and recruitment of essential service personnel and persons
154	skilled in the building trades.
155	Section 5.  This act shall take effect July 1, 2006.

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