Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 132
                        Barcode 360182
                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity
12  (Sebesta) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 125.379, Florida Statutes, is
19  created to read:
20         125.379  Disposition of county property for affordable
21  housing.--
22         (1)  By January 1, 2007, and every 3 years thereafter,
23  each county shall prepare an inventory list of all real
24  property within its jurisdiction to which the county holds fee
25  simple title, excluding lands designated for natural resource
26  conservation. The inventory list must include the address and
27  tax identification number of each real property and specify
28  whether the property is vacant or improved. County planning
29  staff shall review the inventory list and identify each
30  property that is appropriate for use as affordable housing.
31  The time for preparing the inventory list and its review by
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 county planning staff may not exceed 6 months. The properties 2 identified as appropriate for use as affordable housing may be 3 offered for sale and the proceeds used to purchase land for 4 the development of affordable housing or donated to a local 5 housing trust fund, sold with a restriction that requires any 6 development on the property to include a specified percentage 7 of permanently affordable housing, or donated to a nonprofit 8 housing organization for the construction of permanently 9 affordable housing. 10 (2) After completing an inventory list, the board of 11 county commissioners shall hold at least two public hearings 12 to discuss the inventory list and staff's recommendation 13 concerning which properties are appropriate for use as 14 affordable housing. The board shall comply with the provisions 15 of s. 125.66(4)(b)1. regarding the advertisement of the public 16 hearings and shall hold the first hearing no later than 30 17 days after completing the inventory list. The board shall 18 approve the inventory list through the adoption of a 19 resolution at the second hearing no later than 6 months after 20 completing the inventory list. 21 (3) Notwithstanding s. 125.35, after the inventory 22 list has been approved by resolution, the board of county 23 commissioners shall immediately make available any real 24 property that has been identified in the inventory list as 25 appropriate for use as affordable housing. The county shall 26 make the surplus real property available to: 27 (a) A private developer if the purchase price paid by 28 the developer is not less than the appraised value of the 29 property based on its highest and best use and the real 30 property is sold with deed restrictions that require a 31 specified percentage of any project developed on the real 2 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 property to provide affordable housing for low-income and 2 moderate-income persons, with a minimum of 10 percent of the 3 units in the project available for low-income persons and 4 another 10 percent of the units for moderate-income persons 5 for a total minimum of 20 percent, or, if providing rental 6 housing or a combination of rental housing and homeownership, 7 an additional 5 percent of the units for very-low-income 8 persons for a total minimum of 25 percent; 9 (b) A private developer without any requirement that a 10 percentage of the units built on the real property be 11 affordable if the purchase price paid by the developer is not 12 less than the appraised value of the property based on its 13 highest and best use, in which case the county must use the 14 funds received from the developer to acquire real property on 15 which affordable housing will be built or donate the funds to 16 a local housing trust fund; or 17 (c) A nonprofit housing organization, such as a 18 community land trust, housing authority, or community 19 redevelopment agency to be used for the production and 20 preservation of permanently affordable housing. 21 (4) The deed restrictions required under paragraph 22 (3)(a) for an affordable housing unit must also prohibit the 23 unit from being sold at a price that exceeds the threshold for 24 housing that is affordable for low-income or moderate-income 25 persons or to a buyer who is not eligible due to his or her 26 income under chapter 420. The deed restrictions may allow the 27 affordable housing units created under paragraph (3)(a) to be 28 rented to extremely-low-income, very-low-income, low-income, 29 or moderate-income persons. 30 (5) For purposes of this section, the terms 31 "affordable," "extremely-low-income persons," "low-income 3 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 persons," "moderate-income persons," and "very-low-income 2 persons" have the same meaning as in s. 420.0004. 3 Section 2. Paragraphs (d), (e), and (f) of subsection 4 (2) of section 163.31771, Florida Statutes, are amended to 5 read: 6 163.31771 Accessory dwelling units.-- 7 (2) As used in this section, the term: 8 (d) "Low-income persons" has the same meaning as in s. 9 420.0004(10) s. 420.0004(9). 10 (e) "Moderate-income persons" has the same meaning as 11 in s. 420.0004(11) s. 420.0004(10). 12 (f) "Very-low-income persons" has the same meaning as 13 in s. 420.004(15) s. 420.0004(14). 14 Section 3. Section 166.0451, Florida Statutes, is 15 created to read: 16 166.0451 Disposition of municipal property for 17 affordable housing.-- 18 (1) By January 1, 2007, and every 3 years thereafter, 19 each municipality shall prepare an inventory list of all real 20 property within its jurisdiction to which the municipality 21 holds fee simple title, excluding lands designated for natural 22 resource conservation. The inventory list must include the 23 address and tax identification number of each property and 24 specify whether the property is vacant or improved. Municipal 25 planning staff shall review the inventory list and identify 26 each real property that is appropriate for use as affordable 27 housing. The time for preparing the inventory list and its 28 review by municipal planning staff may not exceed 6 months. 29 The properties identified as appropriate for use as affordable 30 housing may be offered for sale and the proceeds used to 31 purchase land for the development of affordable housing or 4 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 donated to a local housing trust fund, sold with a restriction 2 that requires any development on the property to include a 3 specified percentage of permanently affordable housing, or 4 donated to a nonprofit housing organization for the 5 construction of permanently affordable housing. 6 (2) Upon completing an inventory list in compliance 7 with this section, the governing body of the municipality 8 shall hold at least two public hearings to discuss the 9 inventory list and the recommendation of the staff concerning 10 which properties are appropriate for use as affordable 11 housing. The governing body shall comply with s. 12 166.041(3)(c)2.a. regarding the advertisement of the public 13 hearings and shall hold the first hearing no later than 30 14 days after completing the inventory list. The governing body 15 shall approve the inventory list through the adoption of a 16 resolution at the second hearing no later than 6 months after 17 completing the inventory list. 18 (3) After the inventory list has been approved by 19 resolution, the governing body of the municipality shall 20 immediately make available any real property that has been 21 identified in the inventory list as appropriate for use as 22 affordable housing. The municipality shall make the surplus 23 real property available to: 24 (a) A private developer if the purchase price paid by 25 the developer is not less than the appraised value of the 26 property based on its highest and best use and the real 27 property is sold with deed restrictions that require a 28 specified percentage of any project developed on the real 29 property to provide affordable housing for low-income and 30 moderate-income persons, with a minimum of 10 percent of the 31 units in the project available for low-income persons and 5 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 another 10 percent of the units for moderate-income persons 2 for a total minimum of 20 percent, or, if providing rental 3 housing or a combination of rental housing and homeownership, 4 an additional 5 percent of the units for very-low-income 5 persons for a total minimum of 25 percent; 6 (b) A private developer without any requirement that a 7 percentage of the units built on the real property be 8 affordable if the purchase price paid by the developer is not 9 less than the appraised value of the property based on its 10 highest and best use, in which case the municipality must use 11 the funds received from the developer to acquire real property 12 on which affordable housing will be built or donate the funds 13 to a local housing trust fund for the purpose of implementing 14 the programs described in ss. 420.907-420.9079; or 15 (c) A nonprofit housing organization, such as a 16 community land trust, housing authority, or community 17 redevelopment agency to be used for the production and 18 preservation of permanently affordable housing. 19 (4) The deed restrictions required under paragraph 20 (3)(a) for an affordable housing unit must also prohibit the 21 unit from being sold at a price that exceeds the threshold for 22 housing that is affordable for low-income or moderate-income 23 persons or to a buyer who is not eligible due to his or her 24 income under chapter 420. The deed restrictions may allow the 25 affordable housing units created under paragraph (3)(a) to be 26 rented to extremely-low-income, very-low-income, low-income, 27 or moderate-income persons. 28 (5) For purposes of this section, the terms 29 "affordable," "extremely-low-income persons," "low-income 30 persons," "moderate-income persons," and "very-low-income 31 persons" have the same meaning as in s. 420.0004. 6 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Section 4. Paragraph (h) is added to subsection (5) of 2 section 163.3180, Florida Statutes, to read: 3 163.3180 Concurrency.-- 4 (5) 5 (h) If a proposed manufactured housing development is 6 located in an area designated as agriculture, rural lands, or 7 a similar land use classification, and uses self-contained 8 water and wastewater facilities and services, the requirements 9 for transportation concurrency set forth in paragraph (2)(c) 10 are waived. 11 Section 5. The Legislature finds that providing 12 affordable housing is vitally important to the health, safety, 13 and welfare of the residents of this state. Furthermore, the 14 Legislature finds that escalating property values and 15 development costs have contributed to the inadequate supply of 16 housing for low- and moderate-income residents of this state. 17 The Legislature further finds that there is a shortage of 18 sites available for housing for persons and families with low 19 and moderate incomes and that surplus government land, when 20 appropriate, should be made available for that purpose. 21 Therefore, the Legislature determines and declares that this 22 act fulfills an important state interest. 23 Section 6. Subsection (6) is added to section 24 189.4155, Florida Statutes, to read: 25 189.4155 Activities of special districts; local 26 government comprehensive planning.-- 27 (6) Any independent district created under a special 28 act or general law, including, but not limited to, chapter 29 189, chapter 190, chapter 191, or chapter 298, for the purpose 30 of providing urban infrastructure of services may provide 31 housing and housing assistance for its employed personnel 7 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 eligible under s. 420.0004. 2 Section 7. Subsection (19) is added to section 3 191.006, Florida Statutes, to read: 4 191.006 General powers.--The district shall have, and 5 the board may exercise by majority vote, the following powers: 6 (19) To provide housing or housing assistance for its 7 employed personnel eligible under s. 420.0004. 8 Section 8. Paragraph (b) of subsection (2) and 9 subsection (4) of section 197.252, Florida Statutes, are 10 amended to read: 11 197.252 Homestead tax deferral.-- 12 (2) 13 (b) If In the event the applicant is entitled to claim 14 the increased exemption by reason of age and residency as 15 provided in s. 196.031(3)(a), approval of the such application 16 shall defer that portion of the such ad valorem taxes plus 17 non-ad valorem assessments which exceeds 3 percent of the 18 applicant's household household's income for the prior 19 calendar year. If any such applicant's household income for 20 the prior calendar year is less than $10,000, or is less than 21 the amount of the household income designated for the 22 additional homestead exemption pursuant to s. 196.075, and the 23 $12,000 if such applicant is 65 70 years of age or older, 24 approval of the such application shall defer the such ad 25 valorem taxes plus non-ad valorem assessments in their 26 entirety. 27 (4) The amount of taxes, non-ad valorem assessments, 28 and interest deferred under pursuant to this act shall accrue 29 interest at a rate equal to the semiannually compounded rate 30 of one-half of 1 percent plus the average yield to maturity of 31 the long-term fixed-income portion of the Florida Retirement 8 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 System investments as of the end of the quarter preceding the 2 date of the sale of the deferred payment tax certificates; 3 however, the interest rate may not exceed 7 9.5 percent. 4 Section 9. Paragraphs (b) and (d) of subsection (1) 5 and subsection (11) of section 201.15, Florida Statutes, are 6 amended to read: 7 201.15 Distribution of taxes collected.--All taxes 8 collected under this chapter shall be distributed as follows 9 and shall be subject to the service charge imposed in s. 10 215.20(1), except that such service charge shall not be levied 11 against any portion of taxes pledged to debt service on bonds 12 to the extent that the amount of the service charge is 13 required to pay any amounts relating to the bonds: 14 (1) Sixty-two and sixty-three hundredths percent of 15 the remaining taxes collected under this chapter shall be used 16 for the following purposes: 17 (b) Moneys The remainder of the moneys distributed 18 under this subsection, after the required payment under 19 paragraph (a), shall be paid into the State Treasury to the 20 credit of the Save Our Everglades Trust Fund in amounts 21 necessary to pay debt service, provide reserves, and pay 22 rebate obligations and other amounts due with respect to bonds 23 issued under s. 215.619. Taxes distributable under paragraph 24 (a) and this paragraph must be collectively distributed on a 25 pro rata basis. 26 (d) The remainder of the moneys distributed under this 27 subsection, after the required payments under paragraphs (a), 28 (b), and (c), shall be paid into the State Treasury to the 29 credit of: 30 1. The State Transportation Trust Fund in the 31 Department of Transportation in the amount of $542 $541.75 9 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 million in each fiscal year, to be paid in quarterly 2 installments and used for the following specified purposes, 3 notwithstanding any other law to the contrary: 4 a. For the purposes of capital funding for the New 5 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309 6 and specified in s. 341.051, 10 percent of these funds; 7 b. For the purposes of the Small County Outreach 8 Program specified in s. 339.2818, 5 percent of these funds; 9 c. For the purposes of the Strategic Intermodal System 10 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 11 percent of these funds after allocating for the New Starts 12 Transit Program described in sub-subparagraph a. and the Small 13 County Outreach Program described in sub-subparagraph b.; and 14 d. For the purposes of the Transportation Regional 15 Incentive Program specified in s. 339.2819, 25 percent of 16 these funds after allocating for the New Starts Transit 17 Program described in sub-subparagraph a. and the Small County 18 Outreach Program described in sub-subparagraph b. 19 2. The Water Protection and Sustainability Program 20 Trust Fund in the Department of Environmental Protection in 21 the amount of $100 million in each fiscal year, to be paid in 22 quarterly installments and used as required by s. 403.890. 23 3. The Public Education Capital Outlay and Debt 24 Service Trust Fund in the Department of Education in the 25 amount of $104,130,000 $105 million in each fiscal year, to be 26 paid in monthly installments with $75 million used to fund the 27 Classrooms for Kids Program created in s. 1013.735, and $30 28 million to be used to fund the High Growth County District 29 Capital Outlay Assistance Grant Program created in s. 30 1013.738. If required, new facilities constructed under the 31 Classrooms for Kids Program must meet the requirements of s. 10 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 1013.372. 2 4. The Grants and Donations Trust Fund in the 3 Department of Community Affairs in the amount of $3.87 $3.25 4 million in each fiscal year to be paid in monthly 5 installments, with $3 million to be used to fund technical 6 assistance to local governments and school boards on the 7 requirements and implementation of this act and $870,000 8 $250,000 to be used to fund the Century Commission for a 9 Sustainable Florida established in s. 163.3247. 10 11 Moneys distributed pursuant to this paragraph may not be 12 pledged for debt service unless such pledge is approved by 13 referendum of the voters. 14 (11) From the moneys specified in paragraphs (1)(e) 15 (1)(d) and (2)(a) and prior to deposit of any moneys into the 16 General Revenue Fund, $30 million shall be paid into the State 17 Treasury to the credit of the Ecosystem Management and 18 Restoration Trust Fund in fiscal year 2000-2001 and each 19 fiscal year thereafter, to be used for the preservation and 20 repair of the state's beaches as provided in ss. 21 161.091-161.212, and $2 million shall be paid into the State 22 Treasury to the credit of the Marine Resources Conservation 23 Trust Fund to be used for marine mammal care as provided in s. 24 370.0603(3). 25 Section 10. Effective July 1, 2007, subsections (1), 26 (9), (10), (11), (15), (17), and (18) of section 201.15, 27 Florida Statutes, as amended by section 1 of chapter 2005-92, 28 Laws of Florida, are amended to read: 29 201.15 Distribution of taxes collected.--All taxes 30 collected under this chapter shall be distributed as follows 31 and shall be subject to the service charge imposed in s. 11 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 215.20(1), except that such service charge shall not be levied 2 against any portion of taxes pledged to debt service on bonds 3 to the extent that the amount of the service charge is 4 required to pay any amounts relating to the bonds: 5 (1) Sixty-two and sixty-three hundredths percent of 6 the remaining taxes collected under this chapter shall be used 7 for the following purposes: 8 (a) Amounts as shall be necessary to pay the debt 9 service on, or fund debt service reserve funds, rebate 10 obligations, or other amounts payable with respect to 11 Preservation 2000 bonds issued pursuant to s. 375.051 and 12 Florida Forever bonds issued pursuant to s. 215.618, shall be 13 paid into the State Treasury to the credit of the Land 14 Acquisition Trust Fund to be used for such purposes. The 15 amount transferred to the Land Acquisition Trust Fund for such 16 purposes shall not exceed $300 million in fiscal year 17 1999-2000 and thereafter for Preservation 2000 bonds and bonds 18 issued to refund Preservation 2000 bonds, and $300 million in 19 fiscal year 2000-2001 and thereafter for Florida Forever 20 bonds. The annual amount transferred to the Land Acquisition 21 Trust Fund for Florida Forever bonds shall not exceed $30 22 million in the first fiscal year in which bonds are issued. 23 The limitation on the amount transferred shall be increased by 24 an additional $30 million in each subsequent fiscal year, but 25 shall not exceed a total of $300 million in any fiscal year 26 for all bonds issued. It is the intent of the Legislature that 27 all bonds issued to fund the Florida Forever Act be retired by 28 December 31, 2030. Except for bonds issued to refund 29 previously issued bonds, no series of bonds may be issued 30 pursuant to this paragraph unless such bonds are approved and 31 the debt service for the remainder of the fiscal year in which 12 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the bonds are issued is specifically appropriated in the 2 General Appropriations Act. For purposes of refunding 3 Preservation 2000 bonds, amounts designated within this 4 section for Preservation 2000 and Florida Forever bonds may be 5 transferred between the two programs to the extent provided 6 for in the documents authorizing the issuance of the bonds. 7 The Preservation 2000 bonds and Florida Forever bonds shall be 8 equally and ratably secured by moneys distributable to the 9 Land Acquisition Trust Fund pursuant to this section, except 10 to the extent specifically provided otherwise by the documents 11 authorizing the issuance of the bonds. No moneys transferred 12 to the Land Acquisition Trust Fund pursuant to this paragraph, 13 or earnings thereon, shall be used or made available to pay 14 debt service on the Save Our Coast revenue bonds. 15 (b) Moneys The remainder of the moneys distributed 16 under this subsection, after the required payment under 17 paragraph (a), shall be paid into the State Treasury to the 18 credit of the Save Our Everglades Trust Fund in amounts 19 necessary to pay debt service, provide reserves, and pay 20 rebate obligations and other amounts due with respect to bonds 21 issued under s. 215.619. Taxes distributable pursuant to 22 paragraphs (a) and (b) shall be collectively distributed on a 23 pro rata basis. 24 (c) The remainder of the moneys distributed under this 25 subsection, after the required payments under paragraphs (a) 26 and (b), shall be paid into the State Treasury to the credit 27 of the Land Acquisition Trust Fund and may be used for any 28 purpose for which funds deposited in the Land Acquisition 29 Trust Fund may lawfully be used. Payments made under this 30 paragraph shall continue until the cumulative amount credited 31 to the Land Acquisition Trust Fund for the fiscal year under 13 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 this paragraph and paragraph (2)(b) equals 70 percent of the 2 current official forecast for distributions of taxes collected 3 under this chapter pursuant to subsection (2). As used in this 4 paragraph, the term "current official forecast" means the most 5 recent forecast as determined by the Revenue Estimating 6 Conference. If the current official forecast for a fiscal year 7 changes after payments under this paragraph have ended during 8 that fiscal year, no further payments are required under this 9 paragraph during the fiscal year. 10 (d) The remainder of the moneys distributed under this 11 subsection, after the required payments under paragraphs (a), 12 (b), and (c), shall be paid into the State Treasury to the 13 credit of: 14 1. The State Transportation Trust Fund in the 15 Department of Transportation in the amount of $542 $541.75 16 million in each fiscal year, to be paid in quarterly 17 installments and used for the following specified purposes, 18 notwithstanding any other law to the contrary: 19 a. For the purposes of capital funding for the New 20 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309 21 and specified in s. 341.051, 10 percent of these funds; 22 b. For the purposes of the Small County Outreach 23 Program specified in s. 339.2818, 5 percent of these funds; 24 c. For the purposes of the Strategic Intermodal System 25 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 26 percent of these funds after allocating for the New Starts 27 Transit Program described in sub-subparagraph a. and the Small 28 County Outreach Program described in sub-subparagraph b.; and 29 d. For the purposes of the Transportation Regional 30 Incentive Program specified in s. 339.2819, 25 percent of 31 these funds after allocating for the New Starts Transit 14 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Program described in sub-subparagraph a. and the Small County 2 Outreach Program described in sub-subparagraph b. 3 2. The Water Protection and Sustainability Program 4 Trust Fund in the Department of Environmental Protection in 5 the amount of $100 million in each fiscal year, to be paid in 6 quarterly installments and used as required by s. 403.890. 7 3. The Public Education Capital Outlay and Debt 8 Service Trust Fund in the Department of Education in the 9 amount of $104,130,000 $105 million in each fiscal year, to be 10 paid in monthly installments with $75 million used to fund the 11 Classrooms for Kids Program created in s. 1013.735, and $30 12 million to be used to fund the High Growth County District 13 Capital Outlay Assistance Grant Program created in s. 14 1013.738. If required, new facilities constructed under the 15 Classrooms for Kids Program must meet the requirements of s. 16 1013.372. 17 4. The Grants and Donations Trust Fund in the 18 Department of Community Affairs in the amount of $3.87 $3.25 19 million in each fiscal year to be paid in monthly 20 installments, with $3 million to be used to fund technical 21 assistance to local governments and school boards on the 22 requirements and implementation of this act and $870,000 23 $250,000 to be used to fund the Century Commission for a 24 Sustainable Florida established in s. 163.3247. 25 26 Moneys distributed pursuant to this paragraph may not be 27 pledged for debt service unless such pledge is approved by 28 referendum of the voters. 29 (e) The remainder of the moneys distributed under this 30 subsection, after the required payments under paragraphs (a), 31 (b), (c), and (d), shall be paid into the State Treasury to 15 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the credit of the General Revenue Fund of the state to be used 2 and expended for the purposes for which the General Revenue 3 Fund was created and exists by law or to the Ecosystem 4 Management and Restoration Trust Fund or to the Marine 5 Resources Conservation Trust Fund as provided in subsection 6 (11). 7 (9) Seven The lesser of seven and fifty-three 8 hundredths percent of the remaining taxes collected under this 9 chapter or $107 million in each fiscal year shall be paid into 10 the State Treasury to the credit of the State Housing Trust 11 Fund and shall be used as follows: 12 (a) Half of that amount shall be used for the purposes 13 for which the State Housing Trust Fund was created and exists 14 by law. 15 (b) Half of that amount shall be paid into the State 16 Treasury to the credit of the Local Government Housing Trust 17 Fund and shall be used for the purposes for which the Local 18 Government Housing Trust Fund was created and exists by law. 19 (10) Eight The lesser of eight and sixty-six 20 hundredths percent of the remaining taxes collected under this 21 chapter or $136 million in each fiscal year shall be paid into 22 the State Treasury to the credit of the State Housing Trust 23 Fund and shall be used as follows: 24 (a) Twelve and one-half percent of that amount shall 25 be deposited into the State Housing Trust Fund and be expended 26 by the Department of Community Affairs and by the Florida 27 Housing Finance Corporation for the purposes for which the 28 State Housing Trust Fund was created and exists by law. 29 (b) Eighty-seven and one-half percent of that amount 30 shall be distributed to the Local Government Housing Trust 31 Fund and shall be used for the purposes for which the Local 16 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Government Housing Trust Fund was created and exists by law. 2 Funds from this category may also be used to provide for state 3 and local services to assist the homeless. 4 (11) From the moneys specified in paragraphs (1)(e) 5 (1)(d) and (2)(a) and prior to deposit of any moneys into the 6 General Revenue Fund, $30 million shall be paid into the State 7 Treasury to the credit of the Ecosystem Management and 8 Restoration Trust Fund in fiscal year 2000-2001 and each 9 fiscal year thereafter, to be used for the preservation and 10 repair of the state's beaches as provided in ss. 11 161.091-161.212, and $2 million shall be paid into the State 12 Treasury to the credit of the Marine Resources Conservation 13 Trust Fund to be used for marine mammal care as provided in s. 14 370.0603(3). 15 (15) Beginning July 1, 2008, in each fiscal year that 16 the remaining taxes collected under this chapter exceed such 17 collections in the prior fiscal year, the stated maximum 18 dollar amounts provided in subsections (2), (4), (6), and (7), 19 (9), and (10) shall each be increased by an amount equal to 10 20 percent of the increase in the remaining taxes collected under 21 this chapter multiplied by the applicable percentage provided 22 in those subsections. 23 (17) Distributions to the State Housing Trust Fund 24 pursuant to subsections (9) and (10) shall be sufficient to 25 cover amounts required to be transferred to the Florida 26 Affordable Housing Guarantee Program's annual debt service 27 reserve and guarantee fund pursuant to s. 420.5092(6)(a) and 28 (b) up to but not exceeding the amount required to be 29 transferred to such reserve and fund based on the percentage 30 distribution of documentary stamp tax revenues to the State 31 Housing Trust Fund which is in effect in the 2004-2005 fiscal 17 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 year. 2 (17)(18) The remaining taxes collected under this 3 chapter, after the distributions provided in the preceding 4 subsections, shall be paid into the State Treasury to the 5 credit of the General Revenue Fund. 6 Section 11. Subsection (3) of section 215.619, Florida 7 Statutes, is amended to read: 8 215.619 Bonds for Everglades restoration.-- 9 (3) Everglades restoration bonds are payable from, and 10 secured by a first lien on, taxes distributable under s. 11 201.15(1)(b) and do not constitute a general obligation of, or 12 a pledge of the full faith and credit of, the state. 13 Everglades restoration bonds are secured on a parity basis 14 with bonds secured by moneys distributable under s. 15 201.15(1)(a) junior and subordinate to bonds secured by moneys 16 distributable under s. 201.15(1)(a). 17 Section 12. Subsections (1) and (2) of section 18 220.183, Florida Statutes, are amended to read: 19 220.183 Community contribution tax credit.-- 20 (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 21 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 22 SPENDING.-- 23 (a) There shall be allowed a credit of 50 percent of a 24 community contribution against any tax due for a taxable year 25 under this chapter. 26 (b) No business firm shall receive more than $200,000 27 in annual tax credits for all approved community contributions 28 made in any one year. 29 (c) The total amount of tax credit which may be 30 granted for all programs approved under this section, s. 31 212.08(5)(q), and s. 624.5105 is $8 $12 million annually for 18 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 projects that provide homeownership opportunities for 2 low-income or very-low-income households as defined in s. 3 420.9071(19) and (28), and $4 million annually for all other 4 projects. 5 (d) All proposals for the granting of the tax credit 6 shall require the prior approval of the Office of Tourism, 7 Trade, and Economic Development. 8 (e) If the credit granted pursuant to this section is 9 not fully used in any one year because of insufficient tax 10 liability on the part of the business firm, the unused amount 11 may be carried forward for a period not to exceed 5 years. The 12 carryover credit may be used in a subsequent year when the tax 13 imposed by this chapter for such year exceeds the credit for 14 such year under this section after applying the other credits 15 and unused credit carryovers in the order provided in s. 16 220.02(8). 17 (f) A taxpayer who files a Florida consolidated return 18 as a member of an affiliated group pursuant to s. 220.131(1) 19 may be allowed the credit on a consolidated return basis. 20 (g) A taxpayer who is eligible to receive the credit 21 provided for in s. 624.5105 is not eligible to receive the 22 credit provided by this section. 23 (2) ELIGIBILITY REQUIREMENTS.-- 24 (a) All community contributions by a business firm 25 shall be in the form specified in s. 220.03(1)(d). 26 (b)1. All community contributions must be reserved 27 exclusively for use in projects as defined in s. 220.03(1)(t). 28 2. For the first 6 months of the fiscal year, the 29 Office of Tourism, Trade, and Economic Development shall 30 reserve 80 percent of the first $10 million in available 31 annual tax credits, and 70 percent of any available annual tax 19 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 credits in excess of $10 million, for donations made to 2 eligible sponsors for projects that provide homeownership 3 opportunities for low-income or very-low-income households as 4 defined in s. 420.9071(19) and (28). If any reserved annual 5 tax credits remain after the first 6 months of the fiscal 6 year, the office may approve the balance of these available 7 credits for donations made to eligible sponsors for projects 8 other than those that provide homeownership opportunities for 9 low-income or very-low-income households. 10 3. For the first 6 months of the fiscal year, the 11 office shall reserve 20 percent of the first $10 million in 12 available annual tax credits, and 30 percent of any available 13 annual tax credits in excess of $10 million, for donations 14 made to eligible sponsors for projects other than those that 15 provide homeownership opportunities for low-income or 16 very-low-income households as defined in s. 420.9071(19) and 17 (28). If any reserved annual tax credits remain after the 18 first 6 months of the fiscal year, the office may approve the 19 balance of these available credits for donations made to 20 eligible sponsors for projects that provide homeownership 21 opportunities for low-income or very-low-income households. 22 2.4. If, during the first 10 business days of the 23 state fiscal year, eligible tax credit applications for 24 projects that provide homeownership opportunities for 25 low-income or very-low-income households as defined in s. 26 420.9071(19) and (28) are received for less than the available 27 annual tax credits available for those projects reserved under 28 subparagraph 2., the Office of Tourism, Trade, and Economic 29 Development shall grant tax credits for those applications and 30 shall grant remaining tax credits on a first-come, 31 first-served basis for any subsequent eligible applications 20 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 received before the end of the first 6 months of the state 2 fiscal year. If, during the first 10 business days of the 3 state fiscal year, eligible tax credit applications for 4 projects that provide homeownership opportunities for 5 low-income or very-low-income households as defined in s. 6 420.9071(19) and (28) are received for more than the available 7 annual tax credits available for those projects reserved under 8 subparagraph 2., the office shall grant the tax credits for 9 such applications as follows: 10 a. If tax credit applications submitted for approved 11 projects of an eligible sponsor do not exceed $200,000 in 12 total, the credit shall be granted in full if the tax credit 13 applications are approved, subject to the provisions of 14 subparagraph 2. 15 b. If tax credit applications submitted for approved 16 projects of an eligible sponsor exceed $200,000 in total, the 17 amount of tax credits granted under sub-subparagraph a. shall 18 be subtracted from the amount of available tax credits under 19 subparagraph 2., and the remaining credits shall be granted to 20 each approved tax credit application on a pro rata basis. 21 c. If, after the first 6 months of the fiscal year, 22 additional credits become available pursuant to subparagraph 23 3., the office shall grant the tax credits by first granting 24 to those who received a pro rata reduction up to the full 25 amount of their request and, if there are remaining credits, 26 granting credits to those who applied on or after the 11th 27 business day of the state fiscal year on a first-come, 28 first-served basis. 29 3.5. If, during the first 10 business days of the 30 state fiscal year, eligible tax credit applications for 31 projects other than those that provide homeownership 21 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 opportunities for low-income or very-low-income households as 2 defined in s. 420.9071(19) and (28) are received for less than 3 the available annual tax credits available for those projects 4 reserved under subparagraph 3., the Office of Tourism, Trade, 5 and Economic Development shall grant tax credits for those 6 applications and shall grant remaining tax credits on a 7 first-come, first-served basis for any subsequent eligible 8 applications received before the end of the first 6 months of 9 the state fiscal year. If, during the first 10 business days 10 of the state fiscal year, eligible tax credit applications for 11 projects other than those that provide homeownership 12 opportunities for low-income or very-low-income households as 13 defined in s. 420.9071(19) and (28) are received for more than 14 the available annual tax credits available for those projects 15 reserved under subparagraph 3., the office shall grant the tax 16 credits for such applications on a pro rata basis. If, after 17 the first 6 months of the fiscal year, additional credits 18 become available under subparagraph 2., the office shall grant 19 the tax credits by first granting to those who received a pro 20 rata reduction up to the full amount of their request and, if 21 there are remaining credits, granting credits to those who 22 applied on or after the 11th business day of the state fiscal 23 year on a first-come, first-served basis. 24 (c) The project must be undertaken by an "eligible 25 sponsor," defined here as: 26 1. A community action program; 27 2. A nonprofit community-based development 28 organization whose mission is the provision of housing for 29 low-income or very-low-income households or increasing 30 entrepreneurial and job-development opportunities for 31 low-income persons; 22 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 3. A neighborhood housing services corporation; 2 4. A local housing authority, created pursuant to 3 chapter 421; 4 5. A community redevelopment agency, created pursuant 5 to s. 163.356; 6 6. The Florida Industrial Development Corporation; 7 7. An historic preservation district agency or 8 organization; 9 8. A regional workforce board; 10 9. A direct-support organization as provided in s. 11 1009.983; 12 10. An enterprise zone development agency created 13 pursuant to s. 290.0056; 14 11. A community-based organization incorporated under 15 chapter 617 which is recognized as educational, charitable, or 16 scientific pursuant to s. 501(c)(3) of the Internal Revenue 17 Code and whose bylaws and articles of incorporation include 18 affordable housing, economic development, or community 19 development as the primary mission of the corporation; 20 12. Units of local government; 21 13. Units of state government; or 22 14. Such other agency as the Office of Tourism, Trade, 23 and Economic Development may, from time to time, designate by 24 rule. 25 26 In no event shall a contributing business firm have a 27 financial interest in the eligible sponsor. 28 (d) The project shall be located in an area designated 29 as an enterprise zone or a Front Porch Florida Community 30 pursuant to s. 20.18(6). Any project designed to construct or 31 rehabilitate housing for low-income or very-low-income 23 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 households as defined in s. 420.9071(19) and (28) is exempt 2 from the area requirement of this paragraph. This section does 3 not preclude projects that propose to construct or 4 rehabilitate housing for low-income or very-low-income 5 households on scattered sites. Any project designed to provide 6 increased access to high-speed broadband capabilities which 7 includes coverage of a rural enterprise zone may locate the 8 project's infrastructure in any area of a rural county. 9 Section 13. Paragraph (f) of subsection (6) of section 10 253.034, Florida Statutes, is amended to read: 11 253.034 State-owned lands; uses.-- 12 (6) The Board of Trustees of the Internal Improvement 13 Trust Fund shall determine which lands, the title to which is 14 vested in the board, may be surplused. For conservation lands, 15 the board shall make a determination that the lands are no 16 longer needed for conservation purposes and may dispose of 17 them by an affirmative vote of at least three members. In the 18 case of a land exchange involving the disposition of 19 conservation lands, the board must determine by an affirmative 20 vote of at least three members that the exchange will result 21 in a net positive conservation benefit. For all other lands, 22 the board shall make a determination that the lands are no 23 longer needed and may dispose of them by an affirmative vote 24 of at least three members. 25 (f)1. In reviewing lands owned by the board, the 26 council shall consider whether such lands would be more 27 appropriately owned or managed by the county or other unit of 28 local government in which the land is located. A local 29 government may request that state lands be specifically 30 declared to be surplus lands for the purpose of providing 31 affordable housing. The council shall recommend to the board 24 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 whether a sale, lease, or other conveyance to a local 2 government would be in the best interests of the state and 3 local government. The provisions of this paragraph in no way 4 limit the provisions of ss. 253.111 and 253.115. Such lands 5 shall be offered to the state, county, or local government for 6 a period of 30 days. Permittable uses for such surplus lands 7 may include public schools; public libraries; fire or law 8 enforcement substations; and governmental, judicial, or 9 recreational centers; and affordable housing. County or local 10 government requests for surplus lands shall be expedited 11 throughout the surplusing process. Surplus lands that are 12 conveyed to a local government for affordable housing shall be 13 disposed of under the provisions of s. 125.379 or s. 166.0451. 14 If the county or local government does not elect to purchase 15 such lands in accordance with s. 253.111, then any surplusing 16 determination involving other governmental agencies shall be 17 made upon the board deciding the best public use of the lands. 18 Surplus properties in which governmental agencies have 19 expressed no interest shall then be available for sale on the 20 private market. 21 2. Notwithstanding subparagraph 1., any surplus lands 22 that were acquired by the state prior to 1958 by a gift or 23 other conveyance for no consideration from a municipality, and 24 which the department has filed by July 1, 2006, a notice of 25 its intent to surplus, shall be first offered for reconveyance 26 to such municipality at no cost, but for the fair market value 27 of any building or other improvements to the land, unless 28 otherwise provided in a deed restriction of record. This 29 subparagraph expires July 1, 2006. 30 Section 14. Section 295.16, Florida Statutes, is 31 amended to read: 25 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 295.16 Disabled veterans exempt from certain license 2 or permit fee.--No totally and permanently disabled veteran 3 who is a resident of Florida and honorably discharged from the 4 Armed Forces, who has been issued a valid identification card 5 by the Department of Veterans' Affairs in accordance with s. 6 295.17 or has been determined by the United States Department 7 of Veterans Affairs or its predecessor to have a 8 service-connected 100-percent disability rating for 9 compensation, or who has been determined to have a 10 service-connected disability rating of 100 percent and is in 11 receipt of disability retirement pay from any branch of the 12 uniformed armed services, shall be required to pay any license 13 or permit fee, by whatever name known, to any county or 14 municipality in order to make improvements upon a dwelling 15 mobile home owned by the veteran which is used as the 16 veteran's residence, provided such improvements are limited to 17 ramps, widening of doors, and similar improvements for the 18 purpose of making the dwelling mobile home habitable for 19 veterans confined to wheelchairs. 20 Section 15. Paragraph (b) of subsection (19) of 21 section 380.06, Florida Statutes, is amended to read: 22 380.06 Developments of regional impact.-- 23 (19) SUBSTANTIAL DEVIATIONS.-- 24 (b) Any proposed change to a previously approved 25 development of regional impact or development order condition 26 which, either individually or cumulatively with other changes, 27 exceeds any of the following criteria shall constitute a 28 substantial deviation and shall cause the development to be 29 subject to further development-of-regional-impact review 30 without the necessity for a finding of same by the local 31 government: 26 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 1. An increase in the number of parking spaces at an 2 attraction or recreational facility by 5 percent or 300 3 spaces, whichever is greater, or an increase in the number of 4 spectators that may be accommodated at such a facility by 5 5 percent or 1,000 spectators, whichever is greater. 6 2. A new runway, a new terminal facility, a 25-percent 7 lengthening of an existing runway, or a 25-percent increase in 8 the number of gates of an existing terminal, but only if the 9 increase adds at least three additional gates. 10 3. An increase in the number of hospital beds by 5 11 percent or 60 beds, whichever is greater. 12 4. An increase in industrial development area by 5 13 percent or 32 acres, whichever is greater. 14 5. An increase in the average annual acreage mined by 15 5 percent or 10 acres, whichever is greater, or an increase in 16 the average daily water consumption by a mining operation by 5 17 percent or 300,000 gallons, whichever is greater. An increase 18 in the size of the mine by 5 percent or 750 acres, whichever 19 is less. An increase in the size of a heavy mineral mine as 20 defined in s. 378.403(7) will only constitute a substantial 21 deviation if the average annual acreage mined is more than 500 22 acres and consumes more than 3 million gallons of water per 23 day. 24 6. An increase in land area for office development by 25 5 percent or an increase of gross floor area of office 26 development by 5 percent or 60,000 gross square feet, 27 whichever is greater. 28 7. An increase in the storage capacity for chemical or 29 petroleum storage facilities by 5 percent, 20,000 barrels, or 30 7 million pounds, whichever is greater. 31 8. An increase of development at a waterport of wet 27 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 storage for 20 watercraft, dry storage for 30 watercraft, or 2 wet/dry storage for 60 watercraft in an area identified in the 3 state marina siting plan as an appropriate site for additional 4 waterport development or a 5-percent increase in watercraft 5 storage capacity, whichever is greater. 6 9. An increase in the number of dwelling units by 5 7 percent or 50 dwelling units, whichever is greater. 8 10. An increase in commercial development by 50,000 9 square feet of gross floor area or of parking spaces provided 10 for customers for 300 cars or a 5-percent increase of either 11 of these, whichever is greater. 12 11. An increase in hotel or motel facility units by 5 13 percent or 75 units, whichever is greater. 14 12. An increase in a recreational vehicle park area by 15 5 percent or 100 vehicle spaces, whichever is less. 16 13. A decrease in the area set aside for open space of 17 5 percent or 20 acres, whichever is less. 18 14. A proposed increase to an approved multiuse 19 development of regional impact where the sum of the increases 20 of each land use as a percentage of the applicable substantial 21 deviation criteria is equal to or exceeds 100 percent. The 22 percentage of any decrease in the amount of open space shall 23 be treated as an increase for purposes of determining when 100 24 percent has been reached or exceeded. 25 15. A 15-percent increase in the number of external 26 vehicle trips generated by the development above that which 27 was projected during the original 28 development-of-regional-impact review. 29 16. Any change which would result in development of 30 any area which was specifically set aside in the application 31 for development approval or in the development order for 28 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 preservation or special protection of endangered or threatened 2 plants or animals designated as endangered, threatened, or 3 species of special concern and their habitat, primary dunes, 4 or archaeological and historical sites designated as 5 significant by the Division of Historical Resources of the 6 Department of State. The further refinement of such areas by 7 survey shall be considered under sub-subparagraph (e)5.b. 8 17. An increase in the number of dwelling units by 30 9 percent or 150 units, whichever is greater, if 20 percent of 10 the increase in the number of dwelling units is dedicated to 11 the construction of permanent workforce housing, subject to a 12 recorded land use restriction agreement. For purposes of this 13 subparagraph, the term "workforce housing" means housing that 14 is affordable to a person who earns less than 120 percent of 15 the area median income, or less than 140 percent of the area 16 median income if located in a county in which the median 17 purchase price of a single-family home is above the state 18 median sales price of a single-family home. 19 20 The substantial deviation numerical standards in subparagraphs 21 4., 6., 10., 14., excluding residential uses, and 15., are 22 increased by 100 percent for a project certified under s. 23 403.973 which creates jobs and meets criteria established by 24 the Office of Tourism, Trade, and Economic Development as to 25 its impact on an area's economy, employment, and prevailing 26 wage and skill levels. The substantial deviation numerical 27 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are 28 increased by 50 percent for a project located wholly within an 29 urban infill and redevelopment area designated on the 30 applicable adopted local comprehensive plan future land use 31 map and not located within the coastal high hazard area. 29 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Section 16. Present paragraph (k) of subsection (3) of 2 section 380.0651, Florida Statutes, is redesignated as 3 paragraph (l), and a new paragraph (k) is added to that 4 subsection, to read: 5 380.0651 Statewide guidelines and standards.-- 6 (3) The following statewide guidelines and standards 7 shall be applied in the manner described in s. 380.06(2) to 8 determine whether the following developments shall be required 9 to undergo development-of-regional-impact review: 10 (k) Workforce housing.--The applicable guidelines for 11 residential development and the residential component for 12 multiuse development shall be increased by 30 percent where 13 the developer demonstrates that at least 15 percent of the 14 residential dwelling units will be dedicated to permanent 15 workforce housing, subject to a recorded land use restriction 16 agreement. For purposes of this subparagraph, the term 17 "workforce housing" means housing that is affordable to a 18 person who earns less than 120 percent of the area median 19 income, or less than 140 percent of the area median income if 20 located in a county in which the median purchase price of a 21 single-family home is above the state median sales price of a 22 single-family home. 23 Section 17. Section 420.0004, Florida Statutes, is 24 amended to read: 25 420.0004 Definitions.--As used in this part, unless 26 the context otherwise indicates: 27 (1) "Adjusted for family size" means adjusted in a 28 manner which results in an income eligibility level which is 29 lower for households with fewer than four people, or higher 30 for households with more than four people, than the base 31 income eligibility determined as provided in subsection (9), 30 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 subsection (10), subsection (11), or subsection (15) (14), 2 based upon a formula as established by the United States 3 Department of Housing and Urban Development. 4 (2) "Adjusted gross income" means all wages, assets, 5 regular cash or noncash contributions or gifts from persons 6 outside the household, and such other resources and benefits 7 as may be determined to be income by the United States 8 Department of Housing and Urban Development, adjusted for 9 family size, less deductions allowable under s. 62 of the 10 Internal Revenue Code. 11 (3) "Affordable" means that monthly rents or monthly 12 mortgage payments including taxes, insurance, and utilities do 13 not exceed 30 percent of that amount which represents the 14 percentage of the median adjusted gross annual income for the 15 households as indicated in subsection (9), subsection (10), 16 subsection (11), or subsection (15) (14). 17 (4) "Corporation" means the Florida Housing Finance 18 Corporation. 19 (5) "Community-based organization" or "nonprofit 20 organization" means a private corporation organized under 21 chapter 617 to assist in the provision of housing and related 22 services on a not-for-profit basis and which is acceptable to 23 federal and state agencies and financial institutions as a 24 sponsor of low-income housing. 25 (6) "Department" means the Department of Community 26 Affairs. 27 (7) "Elderly" describes persons 62 years of age or 28 older. 29 (8) "Local public body" means any county, 30 municipality, or other political subdivision, or any housing 31 authority as provided by chapter 421, which is eligible to 31 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 sponsor or develop housing for farmworkers and very-low-income 2 and low-income persons within its jurisdiction. 3 (9) "Extremely-low-income persons" means one or more 4 natural persons or a family whose total annual household 5 income does not exceed 30 percent of the median annual 6 adjusted gross income for households within the state. The 7 Florida Housing Finance Corporation may adjust this amount 8 annually by rule to provide that in lower-income counties, 9 extremely low income may exceed 30 percent of the median 10 income for the area, and that in higher-income counties, 11 extremely low income may be less than 30 percent of the area 12 median income. 13 (10)(9) "Low-income persons" means one or more natural 14 persons or a family, the total annual adjusted gross household 15 income of which does not exceed 80 percent of the median 16 annual adjusted gross income for households within the state, 17 or 80 percent of the median annual adjusted gross income for 18 households within the metropolitan statistical area (MSA) or, 19 if not within an MSA, within the county in which the person or 20 family resides, whichever is greater. 21 (11)(10) "Moderate-income persons" means one or more 22 natural persons or a family, the total annual adjusted gross 23 household income of which is less than 120 percent of the 24 median annual adjusted gross income for households within the 25 state, or 120 percent of the median annual adjusted gross 26 income for households within the metropolitan statistical area 27 (MSA) or, if not within an MSA, within the county in which the 28 person or family resides, whichever is greater. 29 (12)(11) "Student" means any person not living with 30 his or her parent or guardian who is eligible to be claimed by 31 his or her parent or guardian as a dependent under the federal 32 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 income tax code and who is enrolled on at least a half-time 2 basis in a secondary school, career center, community college, 3 college, or university. 4 (13)(12) "Substandard" means: 5 (a) Any unit lacking complete plumbing or sanitary 6 facilities for the exclusive use of the occupants; 7 (b) A unit which is in violation of one or more major 8 sections of an applicable housing code and where such 9 violation poses a serious threat to the health of the 10 occupant; or 11 (c) A unit that has been declared unfit for human 12 habitation but that could be rehabilitated for less than 50 13 percent of the property value. 14 (14)(13) "Substantial rehabilitation" means repair or 15 restoration of a dwelling unit where the value of such repair 16 or restoration exceeds 40 percent of the value of the 17 dwelling. 18 (15)(14) "Very-low-income persons" means one or more 19 natural persons or a family, not including students, the total 20 annual adjusted gross household income of which does not 21 exceed 50 percent of the median annual adjusted gross income 22 for households within the state, or 50 percent of the median 23 annual adjusted gross income for households within the 24 metropolitan statistical area (MSA) or, if not within an MSA, 25 within the county in which the person or family resides, 26 whichever is greater. 27 Section 18. Subsection (18) of section 420.503, 28 Florida Statutes, is amended to read: 29 420.503 Definitions.--As used in this part, the term: 30 (18)(a) "Farmworker" means a laborer who is employed 31 on a seasonal, temporary, or permanent basis in the planting, 33 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 cultivating, harvesting, or processing of agricultural or 2 aquacultural products and who derived at least 50 percent of 3 her or his income in the immediately preceding 12 months from 4 such employment. 5 (b) "Farmworker" also includes a person who has 6 retired as a laborer due to age, disability, or illness. In 7 order to be considered retired as a farmworker due to age 8 under this part, a person must be 50 years of age or older and 9 must have been employed for a minimum of 5 years as a 10 farmworker before retirement. In order to be considered 11 retired as a farmworker due to disability or illness, a person 12 must: 13 1.(a) Establish medically that she or he is unable to 14 be employed as a farmworker due to that disability or illness. 15 2.(b) Establish that she or he was previously employed 16 as a farmworker. 17 (c) Notwithstanding paragraphs (a) and (b), when 18 corporation-administered funds are used in conjunction with 19 funds provided by the United States Department of Agriculture 20 Rural Development, the term "farmworker" may mean a laborer 21 who meets, at a minimum, the definition of "domestic farm 22 laborer" as defined in 7 C.F.R. s. 3560.11, as amended. The 23 corporation may establish additional criteria by rule. 24 Section 19. Subsection (22), paragraph (a) of 25 subsection (23), and subsection (40) of section 420.507, 26 Florida Statutes, are amended, and subsections (44) and (45) 27 are added to that section, to read: 28 420.507 Powers of the corporation.--The corporation 29 shall have all the powers necessary or convenient to carry out 30 and effectuate the purposes and provisions of this part, 31 including the following powers which are in addition to all 34 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 other powers granted by other provisions of this part: 2 (22) To develop and administer the State Apartment 3 Incentive Loan Program. In developing and administering that 4 program, the corporation may: 5 (a) Make first, second, and other subordinated 6 mortgage loans including variable or fixed rate loans subject 7 to contingent interest for all State Apartment Incentive Loans 8 provided for in this chapter based upon available cash flow of 9 the projects. The corporation shall make loans exceeding 25 10 percent of project cost available only to nonprofit 11 organizations and public bodies which are able to secure 12 grants, donations of land, or contributions from other sources 13 and to projects meeting the criteria of subparagraph 1. 14 Mortgage loans shall be made available at the following rates 15 of interest: 16 1. Zero to 3 percent interest for sponsors of projects 17 that set aside at least maintain an 80 percent occupancy of 18 their total units for residents qualifying as farmworkers as 19 defined in this part s. 420.503(18), commercial fishing 20 workers as defined in this part s. 420.503(5), or the homeless 21 as defined in s. 420.621(4) over the life of the loan. 22 2. The board may set the interest rate based on the 23 pro rata share of units set aside for homeless residents if 24 the total share of the units is less than 80 percent of the 25 units in the borrower's project. 26 3.2. One Three to 9 percent interest for sponsors of 27 projects targeted at populations other than farmworkers, 28 commercial fishing workers, and the homeless. 29 (b) Make loans exceeding 25 percent of project costs 30 if the project serves extremely-low-income persons. 31 (c) Waive payments or forgive indebtedness for a pro 35 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 rata share of the loan based on the number of units in a 2 project reserved for extremely-low-income persons. 3 (d)(b) Geographically and demographically target the 4 utilization of loans. 5 (e)(c) Underwrite credit, and reject projects which do 6 not meet the established standards of the corporation. 7 (f)(d) Negotiate with governing bodies within the 8 state after a loan has been awarded to obtain local government 9 contributions. 10 (g)(e) Inspect any records of a sponsor at any time 11 during the life of the loan or the agreed period for 12 maintaining the provisions of s. 420.5087. 13 (h)(f) Establish, by rule, the procedure for 14 evaluating, scoring, and competitively ranking all 15 applications based on the criteria set forth in s. 16 420.5087(6)(c); determining actual loan amounts; making and 17 servicing loans; and exercising the powers authorized in this 18 subsection. 19 (i)(g) Establish a loan loss insurance reserve to be 20 used to protect the outstanding program investment in case of 21 a default, deed in lieu of foreclosure, or foreclosure of a 22 program loan. 23 (23) To develop and administer the Florida 24 Homeownership Assistance Program. In developing and 25 administering the program, the corporation may: 26 (a)1. Make subordinated loans to eligible borrowers 27 for down payments or closing costs related to the purchase of 28 the borrower's primary residence. 29 2. Make permanent loans to eligible borrowers related 30 to the purchase of the borrower's primary residence. 31 3. Make subordinated loans to nonprofit sponsors or 36 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 developers of housing for purchase of property, for 2 construction, or for financing of housing to be offered for 3 sale to eligible borrowers as a primary residence at an 4 affordable price. 5 (40) To establish subsidiary business entities 6 corporations for the purpose of taking title to and managing 7 and disposing of property acquired by the corporation. The 8 Such subsidiary business entities corporations shall be public 9 business entities corporations wholly owned by the 10 corporation; are shall be entitled to own, mortgage, and sell 11 property on the same basis as the corporation; and shall be 12 deemed business entities corporations primarily acting as 13 agents of the state, within the meaning of s. 768.28, on the 14 same basis as the corporation. Any subsidiary business entity 15 created by the corporation is shall be subject to chapters 16 119, 120, and 286 to the same extent as the corporation. The 17 subsidiary business entities may make rules necessary to 18 conduct business and carry out the purposes of this 19 subsection. 20 (44) To adopt rules for the intervention, negotiation 21 of terms, and other actions necessary to further program goals 22 or avoid default of a program loan. The rules must consider 23 fiscal program goals and the preservation or advancement of 24 affordable housing for the state. 25 (45) To establish by rule requirements for periodic 26 reporting of data. Each periodic report must include, but is 27 not limited to, data relating to multifamily projects such as 28 information concerning financing, housing market information, 29 detailed economic analysis, and physical occupancy and 30 demographic data concerning all housing types financed through 31 corporation programs and for participation in a housing 37 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 location system. 2 Section 20. Subsections (1), (3), and (5), and 3 paragraphs (a), (b), (c), (f), (g), (h), and (k) of subsection 4 (6) of section 420.5087, Florida Statutes, are amended to 5 read: 6 420.5087 State Apartment Incentive Loan 7 Program.--There is hereby created the State Apartment 8 Incentive Loan Program for the purpose of providing first, 9 second, or other subordinated mortgage loans or loan 10 guarantees to sponsors, including for-profit, nonprofit, and 11 public entities, to provide housing affordable to 12 very-low-income persons. 13 (1) Program funds shall be distributed over successive 14 3-year periods in a manner that meets the need and demand for 15 very-low-income housing throughout the state. That need and 16 demand must be determined by using the most recent statewide 17 low-income rental housing market studies available at the 18 beginning of each 3-year period. However, at least 10 percent 19 of the program funds distributed during a 3-year period must 20 be allocated to each of the following categories of counties, 21 as determined by using the population statistics published in 22 the most recent edition of the Florida Statistical Abstract: 23 (a) Counties that have a population of 825,000 or more 24 than 500,000 people; 25 (b) Counties that have a population of more than 26 between 100,000 but fewer than 825,000 and 500,000 people; and 27 (c) Counties that have a population of 100,000 or 28 fewer less. 29 30 Any increase in funding required to reach the 10-percent 31 minimum shall be taken from the county category that has the 38 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 largest allocation. The corporation shall adopt rules that 2 which establish an equitable process for distributing any 3 portion of the 10 percent of program funds allocated to the 4 county categories specified in this subsection which remains 5 unallocated at the end of a 3-year period. Counties that have 6 a population of 100,000 or fewer less shall be given 7 preference under these rules. 8 (3) During the first 6 months of loan or loan 9 guarantee availability, program funds shall be reserved for 10 use by sponsors who provide the housing set-aside required in 11 subsection (2) for the tenant groups designated in this 12 subsection. The reservation of funds to each of these groups 13 shall be determined using the most recent statewide 14 very-low-income rental housing market study available at the 15 time of publication of each notice of fund availability 16 required by paragraph (6)(b). The reservation of funds within 17 each notice of fund availability to the tenant groups in 18 paragraphs (a), (b), and (d) may not be less than 10 percent 19 of the funds available at that time. Any increase in funding 20 required to reach the 10-percent minimum shall be taken from 21 the tenant group that has the largest reservation. The 22 reservation of funds within each notice of fund availability 23 to the tenant group in paragraph (c) may not be less than 5 24 percent of the funds available at that time. The tenant groups 25 are: 26 (a) Commercial fishing workers and farmworkers; 27 (b) Families; 28 (c) Persons who are homeless; and 29 (d) Elderly persons. Ten percent of the amount 30 reserved for the elderly shall be reserved to provide loans to 31 sponsors of housing for the elderly for the purpose of making 39 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 building preservation, health, or sanitation repairs or 2 improvements which are required by federal, state, or local 3 regulation or code, or lifesafety or security-related repairs 4 or improvements to such housing. Such a loan may not exceed 5 $750,000 per housing community for the elderly. In order to 6 receive the loan, the sponsor of the housing community must 7 make a commitment to match at least 5 15 percent of the loan 8 amount to pay the cost of such repair or improvement. The 9 corporation shall establish the rate of interest on the loan, 10 which may not exceed 3 percent, and the term of the loan, 11 which may not exceed 15 years. However, if the lien of the 12 corporation's encumbrance is subordinate to the lien of 13 another mortgagee, the term may be made coterminous with the 14 longest term of the superior lien. The term of the loan shall 15 be established on the basis of a credit analysis of the 16 applicant. The corporation shall establish, by rule, the 17 procedure and criteria for receiving, evaluating, and 18 competitively ranking all applications for loans under this 19 paragraph. A loan application must include evidence of the 20 first mortgagee's having reviewed and approved the sponsor's 21 intent to apply for a loan. A nonprofit organization or 22 sponsor may not use the proceeds of the loan to pay for 23 administrative costs, routine maintenance, or new 24 construction. 25 (5) The amount of the mortgage provided under this 26 program combined with any other mortgage in a superior 27 position shall be less than the value of the project without 28 the housing set-aside required by subsection (2). However, the 29 corporation may waive this requirement for projects in rural 30 areas or urban infill areas which have market rate rents that 31 are less than the allowable rents pursuant to applicable state 40 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 and federal guidelines and for projects that reserve units for 2 extremely-low-income persons. A In no event shall the mortgage 3 provided under this program may not be combined with any other 4 mortgage in a superior position to exceed total project cost. 5 (6) On all state apartment incentive loans, except 6 loans made to housing communities for the elderly to provide 7 for lifesafety, building preservation, health, sanitation, or 8 security-related repairs or improvements, the following 9 provisions shall apply: 10 (a) The corporation shall establish two interest rates 11 in accordance with s. 420.507(22)(a)1. and 2. 12 (b) The corporation shall publish a notice of fund 13 availability in a publication of general circulation 14 throughout the state. The Such notice shall be published at 15 least 60 days before prior to the application deadline and 16 shall provide notice of the temporary reservations of funds 17 established in subsection (3). 18 (c) The corporation shall provide by rule for the 19 establishment of a review committee composed of the department 20 and corporation staff and shall establish by rule a scoring 21 system for evaluation and competitive ranking of applications 22 submitted in this program, including, but not limited to, the 23 following criteria: 24 1. Tenant income and demographic targeting objectives 25 of the corporation. 26 2. Targeting objectives of the corporation which will 27 ensure an equitable distribution of loans between rural and 28 urban areas. 29 3. Sponsor's agreement to reserve the units for 30 persons or families who have incomes below 50 percent of the 31 state or local median income, whichever is higher, for a time 41 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 period to exceed the minimum required by federal law or the 2 provisions of this part. 3 4. Sponsor's agreement to reserve more than: 4 a. Twenty percent of the units in the project for 5 persons or families who have incomes that do not exceed 50 6 percent of the state or local median income, whichever is 7 higher; or 8 b. Forty percent of the units in the project for 9 persons or families who have incomes that do not exceed 60 10 percent of the state or local median income, whichever is 11 higher, without requiring a greater amount of the loans as 12 provided in this section. 13 5. Provision for tenant counseling. 14 6. Sponsor's agreement to accept rental assistance 15 certificates or vouchers as payment for rent; however, when 16 certificates or vouchers are accepted as payment for rent on 17 units set aside pursuant to subsection (2), the benefit must 18 be divided between the corporation and the sponsor, as 19 provided by corporation rule. 20 7. Projects requiring the least amount of a state 21 apartment incentive loan compared to overall project cost, 22 except that the pro rata share of the loan attributable to the 23 extremely-low-income units shall be excluded from this 24 requirement. 25 8. Local government contributions and local government 26 comprehensive planning and activities that promote affordable 27 housing. 28 9. Project feasibility. 29 10. Economic viability of the project. 30 11. Commitment of first mortgage financing. 31 12. Sponsor's prior experience. 42 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 13. Sponsor's ability to proceed with construction. 2 14. Projects that directly implement or assist 3 welfare-to-work transitioning. 4 15. Projects that reserve units for 5 extremely-low-income families. 6 (f) The review committee established by corporation 7 rule under pursuant to this subsection shall make 8 recommendations to the board of directors of the corporation 9 regarding program participation under the State Apartment 10 Incentive Loan Program. The corporation board shall make the 11 final ranking and the decisions regarding which applicants 12 shall become program participants based on the scores received 13 in the competitive ranking, further review of applications, 14 and the recommendations of the review committee. The 15 corporation board shall approve or reject applications for 16 loans and shall determine the tentative loan amount available 17 to each applicant selected for participation in the program. 18 The actual loan amount shall be determined by a pursuant to 19 rule adopted under s. 420.507(22)(h) pursuant to s. 20 420.507(22)(f). 21 (g) The loan term shall be for a period of not more 22 than 15 years; however, if both a program loan and federal 23 low-income housing tax credits are to be used to assist a 24 project, the corporation may set the loan term for a period 25 commensurate with the investment requirements associated with 26 the tax credit syndication. The term of the loan may also 27 exceed 15 years if necessary to conform to requirements of the 28 Federal National Mortgage Association. However, if the lien of 29 the corporation's encumbrance is subordinate to the lien of 30 another mortgagee, the term may be made coterminous with the 31 longest term of the superior lien. The corporation may 43 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 renegotiate and extend the loan in order to extend the 2 availability of housing for the targeted population. The term 3 of a loan may not extend beyond the period for which the 4 sponsor agrees to provide the housing set-aside required by 5 subsection (2). 6 (h) The loan shall be subject to sale, transfer, or 7 refinancing. The sale, transfer, or refinancing of the loan 8 shall be consistent with fiscal program goals and the 9 preservation or advancement of affordable housing for the 10 state. However, all requirements and conditions of the loan 11 shall remain following sale, transfer, or refinancing. 12 (k) Rent controls may shall not be allowed on any 13 project except as required in conjunction with the issuance of 14 tax-exempt bonds or federal low-income housing tax credits, 15 and except when the sponsor has committed to set aside units 16 for extremely-low-income persons, in which case rents shall be 17 restricted at the level applicable to federal low-income tax 18 credits. 19 Section 21. Section 420.5088, Florida Statutes, is 20 amended to read: 21 420.5088 Florida Homeownership Assistance 22 Program.--There is created the Florida Homeownership 23 Assistance Program for the purpose of assisting low-income and 24 moderate-income persons in purchasing a home as their primary 25 residence by reducing the cost of the home with below-market 26 construction financing, by reducing the amount of down payment 27 and closing costs paid by the borrower to a maximum of 5 28 percent of the purchase price, or by reducing the monthly 29 payment to an affordable amount for the purchaser. Loans shall 30 be made available at an interest rate that does not exceed 3 31 percent. The balance of any loan is due at closing if the 44 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 property is sold, rented, refinanced, or transferred, except 2 as approved by the corporation. 3 (1) For loans made available pursuant to s. 4 420.507(23)(a)1. or 2.: 5 (a) The corporation may underwrite and make those 6 mortgage loans through the program to persons or families who 7 have incomes that do not exceed 120 80 percent of the state or 8 local median income, whichever is greater, adjusted for family 9 size. 10 (b) Loans shall be made available for the term of the 11 first mortgage. 12 (c) Loans may not exceed are limited to the lesser of 13 35 25 percent of the purchase price of the home or the amount 14 necessary to enable the purchaser to meet credit underwriting 15 criteria. 16 (2) For loans made pursuant to s. 420.507(23)(a)3.: 17 (a) Availability is limited to nonprofit sponsors or 18 developers who are selected for program participation under 19 pursuant to this subsection. 20 (b) Preference must be given to community development 21 corporations as defined in s. 290.033 and to community-based 22 organizations as defined in s. 420.503. 23 (c) Priority must be given to projects that have 24 received state assistance in funding project predevelopment 25 costs. 26 (d) The benefits of making such loans shall be 27 contractually provided to the persons or families purchasing 28 homes financed under this subsection. 29 (e) At least 30 percent of the units in a project 30 financed under pursuant to this subsection must be sold to 31 persons or families who have incomes that do not exceed 80 45 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 percent of the state or local median income, whichever amount 2 is greater, adjusted for family size; and at least another 30 3 percent of the units in a project financed under pursuant to 4 this subsection must be sold to persons or families who have 5 incomes that do not exceed 65 50 percent of the state or local 6 median income, whichever amount is greater, adjusted for 7 family size. 8 (f) The maximum loan amount may not exceed 33 percent 9 of the total project cost. 10 (g) A person who purchases a home in a project 11 financed under this subsection is eligible for a loan 12 authorized by s. 420.507(23)(a)1. or 2. in an aggregate amount 13 not exceeding the construction loan made under pursuant to 14 this subsection. The home purchaser must meet all the 15 requirements for loan recipients established pursuant to the 16 applicable loan program. 17 (h) The corporation shall provide, by rule, for the 18 establishment of a review committee composed of corporation 19 staff and shall establish, by rule, a scoring system for 20 evaluating and ranking applications submitted for construction 21 loans under this subsection, including, but not limited to, 22 the following criteria: 23 1. The affordability of the housing proposed to be 24 built. 25 2. The direct benefits of the assistance to the 26 persons who will reside in the proposed housing. 27 3. The demonstrated capacity of the applicant to carry 28 out the proposal, including the experience of the development 29 team. 30 4. The economic feasibility of the proposal. 31 5. The extent to which the applicant demonstrates 46 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 potential cost savings by combining the benefits of different 2 governmental programs and private initiatives, including the 3 local government contributions and local government 4 comprehensive planning and activities that promote affordable 5 housing. 6 6. The use of the least amount of program loan funds 7 compared to overall project cost. 8 7. The provision of homeownership counseling. 9 8. The applicant's agreement to exceed the 10 requirements of paragraph (e). 11 9. The commitment of first mortgage financing for the 12 balance of the construction loan and for the permanent loans 13 to the purchasers of the housing. 14 10. The applicant's ability to proceed with 15 construction. 16 11. The targeting objectives of the corporation which 17 will ensure an equitable distribution of loans between rural 18 and urban areas. 19 12. The extent to which the proposal will further the 20 purposes of this program. 21 (i) The corporation may reject any and all 22 applications. 23 (j) The review committee established by corporation 24 rule pursuant to this subsection shall make recommendations to 25 the corporation board regarding program participation under 26 this subsection. The corporation board shall make the final 27 ranking for participation based on the scores received in the 28 ranking, further review of the applications, and the 29 recommendations of the review committee. The corporation board 30 shall approve or reject applicants for loans and shall 31 determine the tentative loan amount available to each program 47 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 participant. The final loan amount shall be determined 2 pursuant to rule adopted under s. 420.507(23)(h). 3 (3) The corporation shall publish a notice of fund 4 availability in a publication of general circulation 5 throughout the state at least 60 days before prior to the 6 anticipated availability of funds. 7 (4) During the first 9 months of fund availability: 8 (a) Sixty percent of the program funds shall be 9 reserved for use by borrowers pursuant to s. 420.507(23)(a)1.; 10 (b) Twenty percent of the program funds shall be 11 reserved for use by borrowers pursuant to s. 420.507(23)(a)2.; 12 and 13 (c) Twenty percent of the program funds shall be 14 reserved for use by borrowers pursuant to s. 420.507(23)(a)3. 15 16 If the application of these percentages would cause the 17 reservation of program funds under paragraph (a) to be less 18 than $1 million, the reservation for paragraph (a) shall be 19 increased to $1 million or all available funds, whichever 20 amount is less, with the increase to be accomplished by 21 reducing the reservation for paragraph (b) and, if necessary, 22 paragraph (c). 23 (4)(5) There is authorized to be established by the 24 corporation with a qualified public depository meeting the 25 requirements of chapter 280 the Florida Homeownership 26 Assistance Fund to be administered by the corporation 27 according to the provisions of this program. Any amounts held 28 in the Florida Homeownership Assistance Trust Fund for such 29 purposes as of January 1, 1998, must be transferred to the 30 corporation for deposit in the Florida Homeownership 31 Assistance Fund, whereupon the Florida Homeownership 48 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Assistance Trust Fund must be closed. There shall be deposited 2 in the fund moneys from the State Housing Trust Fund created 3 by s. 420.0005, or moneys received from any other source, for 4 the purpose of this program and all proceeds derived from the 5 use of such moneys. In addition, all unencumbered funds, loan 6 repayments, proceeds from the sale of any property, and any 7 other proceeds that would otherwise accrue pursuant to the 8 activities of the programs described in this section shall be 9 transferred to this fund. In addition, all loan repayments, 10 proceeds from the sale of any property, and any other proceeds 11 that would otherwise accrue pursuant to the activities 12 conducted under the provisions of the Florida Homeownership 13 Assistance Program shall be deposited in the fund and shall 14 not revert to the General Revenue Fund. Expenditures from the 15 Florida Homeownership Assistance Fund shall not be required to 16 be included in the corporation's budget request or be subject 17 to appropriation by the Legislature. 18 (5)(6) No more than one-fifth of the funds available 19 in the Florida Homeownership Assistance Fund may be made 20 available to provide loan loss insurance reserve funds to 21 facilitate homeownership for eligible persons. 22 Section 22. Subsection (2) of section 420.9072, 23 Florida Statutes, is amended to read: 24 420.9072 State Housing Initiatives Partnership 25 Program.--The State Housing Initiatives Partnership Program is 26 created for the purpose of providing funds to counties and 27 eligible municipalities as an incentive for the creation of 28 local housing partnerships, to expand production of and 29 preserve affordable housing, to further the housing element of 30 the local government comprehensive plan specific to affordable 31 housing, and to increase housing-related employment. 49 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 (2)(a) To be eligible to receive funds under the 2 program, a county or eligible municipality must: 3 1. Submit to the corporation its local housing 4 assistance plan describing the local housing assistance 5 strategies established pursuant to s. 420.9075; 6 2. Within 12 months after adopting the local housing 7 assistance plan, amend the plan to incorporate the local 8 housing incentive strategies defined in s. 420.9071(16) and 9 described in s. 420.9076; and 10 3. Within 24 months after adopting the amended local 11 housing assistance plan to incorporate the local housing 12 incentive strategies, amend its land development regulations 13 or establish local policies and procedures, as necessary, to 14 implement the local housing incentive strategies adopted by 15 the local governing body. A county or an eligible municipality 16 that has adopted a housing incentive strategy pursuant to s. 17 420.9076 before the effective date of this act shall review 18 the status of implementation of the plan according to its 19 adopted schedule for implementation and report its findings in 20 the annual report required by s. 420.9075(10) s. 420.9075(9). 21 If as a result of the review, a county or an eligible 22 municipality determines that the implementation is complete 23 and in accordance with its schedule, no further action is 24 necessary. If a county or an eligible municipality determines 25 that implementation according to its schedule is not complete, 26 it must amend its land development regulations or establish 27 local policies and procedures, as necessary, to implement the 28 housing incentive plan within 12 months after the effective 29 date of this act, or if extenuating circumstances prevent 30 implementation within 12 months, pursuant to s. 420.9075(13) 31 s. 420.9075(12), enter into an extension agreement with the 50 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 corporation. 2 (b) A county or an eligible municipality seeking 3 approval to receive its share of the local housing 4 distribution must adopt an ordinance containing the following 5 provisions: 6 1. Creation of a local housing assistance trust fund 7 as described in s. 420.9075(6) s. 420.9075(5). 8 2. Adoption by resolution of a local housing 9 assistance plan as defined in s. 420.9071(14) to be 10 implemented through a local housing partnership as defined in 11 s. 420.9071(18). 12 3. Designation of the responsibility for the 13 administration of the local housing assistance plan. Such 14 ordinance may also provide for the contracting of all or part 15 of the administrative or other functions of the program to a 16 third person or entity. 17 4. Creation of the affordable housing advisory 18 committee as provided in s. 420.9076. 19 20 The ordinance must not take effect until at least 30 days 21 after the date of formal adoption. Ordinances in effect prior 22 to the effective date of amendments to this section shall be 23 amended as needed to conform to new provisions. 24 Section 23. Section 420.9075, Florida Statutes, is 25 amended to read: 26 420.9075 Local housing assistance plans; 27 partnerships.-- 28 (1)(a) Each county or eligible municipality 29 participating in the State Housing Initiatives Partnership 30 Program shall develop and implement a local housing assistance 31 plan created to make affordable residential units available to 51 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 persons of very low income, low income, or moderate income and 2 to persons who have special housing needs, including, but not 3 limited to, homeless people, the elderly, and migrant 4 farmworkers. The plans are intended to increase the 5 availability of affordable residential units by combining 6 local resources and cost-saving measures into a local housing 7 partnership and using private and public funds to reduce the 8 cost of housing. 9 (b) Local housing assistance plans may allocate funds 10 to: 11 1. Implement local housing assistance strategies for 12 the provision of affordable housing. 13 2. Supplement funds available to the corporation to 14 provide enhanced funding of state housing programs within the 15 county or the eligible municipality. 16 3. Provide the local matching share of federal 17 affordable housing grants or programs. 18 4. Fund emergency repairs, including, but not limited 19 to, repairs performed by existing service providers under 20 weatherization assistance programs under ss. 409.509-409.5093. 21 5. Further the housing element of the local government 22 comprehensive plan adopted pursuant to s. 163.3184, specific 23 to affordable housing. 24 (2)(a) Each county and each eligible municipality 25 participating in the State Housing Initiatives Partnership 26 Program shall encourage the involvement of appropriate public 27 sector and private sector entities as partners in order to 28 combine resources to reduce housing costs for the targeted 29 population. This partnership process should involve: 30 1. Lending institutions. 31 2. Housing builders and developers. 52 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 3. Nonprofit and other community-based housing and 2 service organizations. 3 4. Providers of professional services relating to 4 affordable housing. 5 5. Advocates for low-income persons, including, but 6 not limited to, homeless people, the elderly, and migrant 7 farmworkers. 8 6. Real estate professionals. 9 7. Other persons or entities who can assist in 10 providing housing or related support services. 11 (b) The specific participants in partnership 12 activities may vary according to the community's resources and 13 the nature of the local housing assistance plan. 14 (3)(a) Each local housing assistance plan shall 15 include a definition of essential services personnel for the 16 county or eligible municipality. 17 (b) Each county or eligible municipality is encouraged 18 to develop a strategy within its local housing assistance plan 19 which emphasizes the recruitment and retention of essential 20 services personnel. 21 (4)(3) Each local housing assistance plan is governed 22 by the following criteria and administrative procedures: 23 (a) Each county, eligible municipality, or entity 24 formed through interlocal agreement to participate in the 25 State Housing Initiatives Partnership Program must develop a 26 qualification system and selection criteria for applications 27 for awards by eligible sponsors, adopt criteria for the 28 selection of eligible persons, and adopt a maximum award 29 schedule or system of amounts consistent with the intent and 30 budget of its local housing assistance plan, with ss. 31 420.907-420.9079, and with corporation rule. 53 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 (b) The county or eligible municipality or its 2 administrative representative shall advertise the notice of 3 funding availability in a newspaper of general circulation and 4 periodicals serving ethnic and diverse neighborhoods, at least 5 30 days before the beginning of the application period. If no 6 funding is available due to a waiting list, no notice of 7 funding availability is required. 8 (c) In accordance with the provisions of ss. 9 760.20-760.37, it is unlawful to discriminate on the basis of 10 race, creed, religion, color, age, sex, marital status, 11 familial status, national origin, or handicap in the award 12 application process for eligible housing. 13 (d) As a condition of receipt of an award, the 14 eligible sponsor or eligible person must contractually commit 15 to comply with the affordable housing criteria provided under 16 ss. 420.907-420.9079 applicable to the affordable housing 17 objective of the award. The plan criteria adopted by the 18 county or eligible municipality must prescribe the contractual 19 obligations required to ensure compliance with award 20 conditions. 21 (e) The staff or entity that has administrative 22 authority for implementing a local housing assistance plan 23 assisting rental developments shall annually monitor and 24 determine tenant eligibility or, to the extent another 25 governmental entity provides the same monitoring and 26 determination, a municipality, county, or local housing 27 financing authority may rely on such monitoring and 28 determination of tenant eligibility. However, any loan or 29 grant in the original amount of $3,000 or less shall not be 30 subject to these annual monitoring and determination of tenant 31 eligibility requirements. 54 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 (5)(4) The following criteria apply to awards made to 2 eligible sponsors or eligible persons for the purpose of 3 providing eligible housing: 4 (a) At least 65 percent of the funds made available in 5 each county and eligible municipality from the local housing 6 distribution must be reserved for home ownership for eligible 7 persons. 8 (b) At least 75 percent of the funds made available in 9 each county and eligible municipality from the local housing 10 distribution must be reserved for construction, 11 rehabilitation, or emergency repair of affordable, eligible 12 housing. 13 (c) The sales price or value of new or existing 14 eligible housing may not exceed 90 percent of the average area 15 purchase price in the statistical area in which the eligible 16 housing is located. Such average area purchase price may be 17 that calculated for any 12-month period beginning not earlier 18 than the fourth calendar year prior to the year in which the 19 award occurs or as established by the United States Department 20 of the Treasury. 21 (d)1. All units constructed, rehabilitated, or 22 otherwise assisted with the funds provided from the local 23 housing assistance trust fund must be occupied by 24 very-low-income persons, low-income persons, and 25 moderate-income persons. 26 2. At least 30 percent of the funds deposited into the 27 local housing assistance trust fund must be reserved for 28 awards to very-low-income persons or eligible sponsors who 29 will serve very-low-income persons and at least an additional 30 30 percent of the funds deposited into the local housing 31 assistance trust fund must be reserved for awards to 55 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 low-income persons or eligible sponsors who will serve 2 low-income persons. This subparagraph does not apply to a 3 county or an eligible municipality that includes, or has 4 included within the previous 5 years, an area of critical 5 state concern designated or ratified by the Legislature for 6 which the Legislature has declared its intent to provide 7 affordable housing. The exemption created by this act expires 8 on July 1, 2008. 9 (e) Loans shall be provided for periods not exceeding 10 30 years, except for deferred payment loans or loans that 11 extend beyond 30 years which continue to serve eligible 12 persons. 13 (f) Loans or grants for eligible rental housing 14 constructed, rehabilitated, or otherwise assisted from the 15 local housing assistance trust fund must be subject to 16 recapture requirements as provided by the county or eligible 17 municipality in its local housing assistance plan unless 18 reserved for eligible persons for 15 years or the term of the 19 assistance, whichever period is longer. Eligible sponsors that 20 offer rental housing for sale before 15 years or that have 21 remaining mortgages funded under this program must give a 22 first right of refusal to eligible nonprofit organizations for 23 purchase at the current market value for continued occupancy 24 by eligible persons. 25 (g) Loans or grants for eligible owner-occupied 26 housing constructed, rehabilitated, or otherwise assisted from 27 proceeds provided from the local housing assistance trust fund 28 shall be subject to recapture requirements as provided by the 29 county or eligible municipality in its local housing 30 assistance plan. 31 (h) The total amount of monthly mortgage payments or 56 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the amount of monthly rent charged by the eligible sponsor or 2 her or his designee must be made affordable. 3 (i) The maximum sales price or value per unit and the 4 maximum award per unit for eligible housing benefiting from 5 awards made pursuant to this section must be established in 6 the local housing assistance plan. 7 (j) The benefit of assistance provided through the 8 State Housing Initiatives Partnership Program must accrue to 9 eligible persons occupying eligible housing. This provision 10 shall not be construed to prohibit use of the local housing 11 distribution funds for a mixed income rental development. 12 (k) Funds from the local housing distribution not used 13 to meet the criteria established in paragraph (a) or paragraph 14 (b) or not used for the administration of a local housing 15 assistance plan must be used for housing production and 16 finance activities, including, but not limited to, financing 17 the purchase of existing units, providing rental housing, and 18 providing home ownership training to prospective home buyers 19 and owners of homes assisted through the local housing 20 assistance plan. Notwithstanding the provisions of paragraphs 21 (a) and (b), program income as defined in s. 420.9071(24) may 22 also be used to fund activities described in this paragraph. 23 24 If both an award under the local housing assistance plan and 25 federal low-income housing tax credits are used to assist a 26 project and there is a conflict between the criteria 27 prescribed in this subsection and the requirements of s. 42 of 28 the Internal Revenue Code of 1986, as amended, the county or 29 eligible municipality may resolve the conflict by giving 30 precedence to the requirements of s. 42 of the Internal 31 Revenue Code of 1986, as amended, in lieu of following the 57 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 criteria prescribed in this subsection with the exception of 2 paragraphs (a) and (d) of this subsection. 3 (6)(5) Each county or eligible municipality receiving 4 local housing distribution moneys shall establish and maintain 5 a local housing assistance trust fund. All moneys of a county 6 or an eligible municipality received from its share of the 7 local housing distribution, program income, recaptured funds, 8 and other funds received or budgeted to implement the local 9 housing assistance plan shall be deposited into the trust 10 fund; however, local housing distribution moneys used to match 11 federal HOME program moneys may be repaid to the HOME program 12 fund if required by federal law or regulations. Expenditures 13 other than for the administration and implementation of the 14 local housing assistance plan may not be made from the fund. 15 (7)(6) The moneys deposited in the local housing 16 assistance trust fund shall be used to administer and 17 implement the local housing assistance plan. The cost of 18 administering the plan may not exceed 5 percent of the local 19 housing distribution moneys and program income deposited into 20 the trust fund. A county or an eligible municipality may not 21 exceed the 5-percent limitation on administrative costs, 22 unless its governing body finds, by resolution, that 5 percent 23 of the local housing distribution plus 5 percent of program 24 income is insufficient to adequately pay the necessary costs 25 of administering the local housing assistance plan. The cost 26 of administering the program may not exceed 10 percent of the 27 local housing distribution plus 5 percent of program income 28 deposited into the trust fund, except that small counties, as 29 defined in s. 120.52(17), and eligible municipalities 30 receiving a local housing distribution of up to $350,000 may 31 use up to 10 percent of program income for administrative 58 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 costs. 2 (8)(7) Pursuant to s. 420.531, the corporation shall 3 provide technical assistance to local governments regarding 4 the creation of partnerships, the design of local housing 5 assistance strategies, the implementation of local housing 6 incentive strategies, and the provision of support services. 7 (9)(8) The corporation shall monitor the activities of 8 local governments to determine compliance with program 9 requirements and shall collect data on the operation and 10 achievements of housing partnerships. 11 (10)(9) Each county or eligible municipality shall 12 submit to the corporation by September 15 of each year a 13 report of its affordable housing programs and accomplishments 14 through June 30 immediately preceding submittal of the report. 15 The report shall be certified as accurate and complete by the 16 local government's chief elected official or his or her 17 designee. Transmittal of the annual report by a county's or 18 eligible municipality's chief elected official, or his or her 19 designee, certifies that the local housing incentive 20 strategies, or, if applicable, the local housing incentive 21 plan, have been implemented or are in the process of being 22 implemented pursuant to the adopted schedule for 23 implementation. The report must include, but is not limited 24 to: 25 (a) The number of households served by income 26 category, age, family size, and race, and data regarding any 27 special needs populations such as farmworkers, homeless 28 persons, and the elderly. Counties shall report this 29 information separately for households served in the 30 unincorporated area and each municipality within the county. 31 (b) The number of units and the average cost of 59 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 producing units under each local housing assistance strategy. 2 (c) The average area purchase price of single-family 3 units and the amount of rent charged for a rental unit based 4 on unit size. 5 (d) By income category, the number of mortgages made, 6 the average mortgage amount, and the rate of default. 7 (e) A description of the status of implementation of 8 each local housing incentive strategy, or if applicable, the 9 local housing incentive plan as set forth in the local 10 government's adopted schedule for implementation. 11 (f) A concise description of the support services that 12 are available to the residents of affordable housing provided 13 by local programs. 14 (g) The sales price or value of housing produced and 15 an accounting of what percentage was financed by the local 16 housing distribution, other public moneys, and private 17 resources. 18 (h) Such other data or affordable housing 19 accomplishments considered significant by the reporting county 20 or eligible municipality. 21 (11)(10) The report shall be made available by the 22 county or eligible municipality for public inspection and 23 comment prior to certifying the report and transmitting it to 24 the corporation. The county or eligible municipality shall 25 provide notice of the availability of the proposed report and 26 solicit public comment. The notice must state the public place 27 where a copy of the proposed report can be obtained by 28 interested persons. Members of the public may submit written 29 comments on the report to the county or eligible municipality 30 and the corporation. Written public comments shall identify 31 the author by name, address, and interest affected. The county 60 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 or eligible municipality shall attach a copy of all such 2 written comments and its responses to the annual report 3 submitted to the corporation. 4 (12)(11) The corporation shall review the report of 5 each county or eligible municipality and any written comments 6 from the public and include any comments concerning the 7 effectiveness of local programs in the report required by s. 8 420.511. 9 (13)(12)(a) If, as a result of the review of the 10 annual report or public comment and written response from the 11 county or eligible municipality, or at any other time, the 12 corporation determines that a county or eligible municipality 13 may have established a pattern of violation of the criteria 14 for a local housing assistance plan established under ss. 15 420.907-420.9079 or that an eligible sponsor or eligible 16 person has violated the applicable award conditions, the 17 corporation shall report such pattern of violation of criteria 18 or violation of award conditions to its compliance monitoring 19 agent and the Executive Office of the Governor. The 20 corporation's compliance monitoring agent must determine 21 within 60 days whether the county or eligible municipality has 22 violated program criteria and shall issue a written report 23 thereon. If a violation has occurred, the distribution of 24 program funds to the county or eligible municipality must be 25 suspended until the violation is corrected. 26 (b) If, as a result of its review of the annual 27 report, the corporation determines that a county or eligible 28 municipality has failed to implement a local housing incentive 29 strategy, or, if applicable, a local housing incentive plan, 30 it shall send a notice of termination of the local 31 government's share of the local housing distribution by 61 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 certified mail to the affected county or eligible 2 municipality. 3 1. The notice must specify a date of termination of 4 the funding if the affected county or eligible municipality 5 does not implement the plan or strategy and provide for a 6 local response. A county or eligible municipality shall 7 respond to the corporation within 30 days after receipt of the 8 notice of termination. 9 2. The corporation shall consider the local response 10 that extenuating circumstances precluded implementation and 11 grant an extension to the timeframe for implementation. Such 12 an extension shall be made in the form of an extension 13 agreement that provides a timeframe for implementation. The 14 chief elected official of a county or eligible municipality or 15 his or her designee shall have the authority to enter into the 16 agreement on behalf of the local government. 17 3. If the county or the eligible municipality has not 18 implemented the incentive strategy or entered into an 19 extension agreement by the termination date specified in the 20 notice, the local housing distribution share terminates, and 21 any uncommitted local housing distribution funds held by the 22 affected county or eligible municipality in its local housing 23 assistance trust fund shall be transferred to the Local 24 Government Housing Trust Fund to the credit of the corporation 25 to administer pursuant to s. 420.9078. 26 4.a. If the affected local government fails to meet 27 the timeframes specified in the agreement, the corporation 28 shall terminate funds. The corporation shall send a notice of 29 termination of the local government's share of the local 30 housing distribution by certified mail to the affected local 31 government. The notice shall specify the termination date, and 62 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 any uncommitted funds held by the affected local government 2 shall be transferred to the Local Government Housing Trust 3 Fund to the credit of the corporation to administer pursuant 4 to s. 420.9078. 5 b. If the corporation terminates funds to a county, 6 but an eligible municipality receiving a local housing 7 distribution pursuant to an interlocal agreement maintains 8 compliance with program requirements, the corporation shall 9 thereafter distribute directly to the participating eligible 10 municipality its share calculated in the manner provided in s. 11 420.9072. 12 c. Any county or eligible municipality whose local 13 distribution share has been terminated may subsequently elect 14 to receive directly its local distribution share by adopting 15 the ordinance, resolution, and local housing assistance plan 16 in the manner and according to the procedures provided in ss. 17 420.907-420.9079. 18 Section 24. Effective on this act becoming a law, 19 section 420.9077, Florida Statutes, is created to read: 20 420.9077 Community Workforce Housing Innovation 21 Program.--The Community Workforce Housing Innovation Program 22 is created within the State Housing Initiatives Partnership 23 for the purpose of making affordable housing units available 24 to essential service workers and their families. Except as 25 otherwise provided in this section, the Community Workforce 26 Housing Innovation Program is governed by ss. 27 420.907-420.9079. For purposes of the Community Workforce 28 Housing Innovation Program, the funds under ss. 29 420.907-420.9079 may be used for manufactured housing 30 constructed after June 1994, and installed in accordance with 31 mobile home installation standards of the Department of 63 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Highway Safety and Motor Vehicles. 2 (1) The Legislature finds that the lack of housing 3 affordable to a community's workforce affects all sectors of 4 the community, and local partnerships as described in s. 5 420.9072 are critical to the success of providing community 6 workforce housing. 7 (2) The Community Workforce Housing Innovation Program 8 shall provide funding for: 9 (a) Persons in need of affordable housing who are 10 employed to provide essential services, such as education, law 11 enforcement, public safety, health care, and other occupations 12 considered essential within the local community in households 13 having income levels up to 140 percent of median income, 14 adjusted for family size, in areas of critical state concern. 15 (b) Projects in high-cost counties. For the purpose of 16 this section, the term "projects in high-cost counties" 17 includes counties in which the median purchase price of a 18 single-family home is above the median purchase price of a 19 single-family home in the state or counties that are, or have 20 been within the previous 5 years, areas of critical state 21 concern as designated or ratified by the Legislature and for 22 which the Legislature has declared its intent to provide 23 affordable housing. The corporation must rank each project by 24 priority in counties having the highest real estate costs for 25 housing. 26 (c) Projects that evidence substantial local 27 involvement. For the purpose of this section, the term 28 "substantial local involvent" means a contribution at least 15 29 percent of project value from a local government unit, such as 30 a municipality, county, school district, special district, or 31 other unit of local government or from private-sector 64 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 entities. 2 (d) The housing elements of innovative projects that 3 include new construction or rehabilitation of existing 4 housing, mixed income, or commercial and mixed-use elements. 5 (3) Projects shall be given priority for Community 6 Workforce Housing Innovation funding based on the local 7 government making the following incentives available, as 8 needed, to ensure the financial viability, successful 9 development, and maintenance of the housing developments: 10 (a) Expedite processing of approvals of development 11 orders or permits, as defined in s. 163.3164(7) and (8), for 12 affordable housing projects to a greater degree than for other 13 projects. 14 (b) Reduce impact fees by 50 percent, waive or defer 15 payment of impact fees in whole or in part, or provide an 16 alternative method of paying impact fees. 17 (c) Allow unit density levels up to 16 units per acre 18 or higher, except in coastal high-hazard areas, if approved by 19 the local government. 20 (d) Reserve infrastructure capacity in the local 21 comprehensive plan affordable housing element for these 22 communities. 23 (e) Allow additional affordable residential units in 24 residential zoning districts. 25 (f) Reduce open space and setback requirements by 50 26 percent. 27 (g) Allow zero-lot-line configurations. 28 (h) Modify and reduce traffic concurrency requirements 29 by up to 25 percent. 30 (i) Prioritize eligibility from metropolitan planning 31 districts for funding for local transportation infrastructure. 65 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 (j) Allow mixed land use within the projects. 2 (k) Include strategies for maintaining perpetual 3 affordability. 4 (l) Include tax increment financing. 5 (4) The corporation must establish criteria for 6 selecting projects for funding by rule or in a request for 7 proposals. Funding shall be based on demonstrated financial 8 need of the project. 9 (5) For a county to be eligible to receive funding 10 under this section, a county must: 11 (a) Be defined as a high-cost county under paragraph 12 (2)(b); or 13 (b) Submit to the corporation a community workforce 14 housing strategy, consistent with s. 420.9075, as a supplement 15 to the established local housing assistance plan. The housing 16 strategy plan must include: 17 1. A community-wide assessment of the need for 18 workforce housing for employees in essential services and 19 other critical personnel; 20 2. A specific collaborative process to be used by the 21 county to plan for workforce housing; and 22 3. A description of how the funds received will be 23 distributed. 24 (6) A minimum of 60 percent of the housing provided by 25 a county under this section must be set aside for households 26 whose family members are employed in areas deemed essential 27 public service, such as education, health care, and other 28 areas defined by the county in its workforce housing strategy. 29 (7) Notwithstanding s. 420.9075(4)(c), the sales price 30 or value of new or existing housing may exceed the average 31 area purchase price in the statistical area in which the 66 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 eligible housing is located. 2 (8) Notwithstanding s. 420.9075(4)(d)2., housing 3 provided under this section shall be provided with no 4 requirement for reservation among income ranges. 5 (9) The funding for this section shall be an amount 6 separate from the appropriation for the provisions of ss. 7 420.907-420.9078, and shall be awarded under criteria set 8 forth in this section, separate from and notwithstanding the 9 funding-distribution method provided in ss. 420.9072 and 10 420.9073. 11 (10) Funding for the Community Workforce Innovation 12 Program within the Florida Housing Finance Corporation may be 13 awarded to the extent that funds are appropriated. 14 (11) This section shall expire June 30, 2009. 15 Section 25. Subsection (2) of section 420.9079, 16 Florida Statutes, is amended to read: 17 420.9079 Local Government Housing Trust Fund.-- 18 (2) The corporation shall administer the fund 19 exclusively for the purpose of implementing the programs 20 described in ss. 420.907-420.9078 and this section. With the 21 exception of monitoring the activities of counties and 22 eligible municipalities to determine local compliance with 23 program requirements, the corporation shall not receive 24 appropriations from the fund for administrative or personnel 25 costs. For the purpose of implementing the 26 compliance-monitoring compliance monitoring provisions of ss. 27 s. 420.9075(8) and 420.9077, the corporation may request a 28 maximum of one-quarter of 1 percent of the annual 29 appropriation $200,000 per state fiscal year. When such 30 funding is appropriated, the corporation shall deduct the 31 amount appropriated prior to calculating the local housing 67 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 distribution pursuant to ss. 420.9072, and 420.9073, and 2 420.9077. 3 Section 26. Subsections (1) and (2) of section 4 624.5105, Florida Statutes, are amended to read: 5 624.5105 Community contribution tax credit; 6 authorization; limitations; eligibility and application 7 requirements; administration; definitions; expiration.-- 8 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 9 (a) There shall be allowed a credit of 50 percent of a 10 community contribution against any tax due for a calendar year 11 under s. 624.509 or s. 624.510. 12 (b) No insurer shall receive more than $200,000 in 13 annual tax credits for all approved community contributions 14 made in any one year. 15 (c) The total amount of tax credit which may be 16 granted for all programs approved under this section and ss. 17 212.08(5)(q) and 220.183 is $8 $12 million annually for 18 projects that provide homeownership opportunities for 19 low-income or very-low-income households as defined in s. 20 420.9071(19) and (28), and $4 million annually for all other 21 projects. 22 (d) Each proposal for the granting of such tax credit 23 requires the prior approval of the director. 24 (e) If the credit granted pursuant to this section is 25 not fully used in any one year because of insufficient tax 26 liability on the part of the insurer, the unused amount may be 27 carried forward for a period not to exceed 5 years. The 28 carryover credit may be used in a subsequent year when the tax 29 imposed by s. 624.509 or s. 624.510 for such year exceeds the 30 credit under this section for such year. 31 (f) An insurer that claims a credit against 68 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 premium-tax liability earned by making a community 2 contribution under this section need not pay any additional 3 retaliatory tax levied under s. 624.5091 as a result of 4 claiming such a credit. Section 624.5091 does not limit such a 5 credit in any manner. 6 (2) ELIGIBILITY REQUIREMENTS.-- 7 (a) Each community contribution by an insurer must be 8 in a form specified in subsection (5). 9 (b) Each community contribution must be reserved 10 exclusively for use in a project as defined in s. 11 220.03(1)(t). 12 (c) The project must be undertaken by an "eligible 13 sponsor," as defined in s. 220.183(2)(c). In no event shall a 14 contributing insurer have a financial interest in the eligible 15 sponsor. 16 (d) The project shall be located in an area designated 17 as an enterprise zone or a Front Porch Community pursuant to 18 s. 20.18(6). Any project designed to construct or rehabilitate 19 housing for low-income or very-low-income households as 20 defined in s. 420.9071(19) and (28) is exempt from the area 21 requirement of this paragraph. 22 (e)1. For the first 6 months of the fiscal year, the 23 Office of Tourism, Trade, and Economic Development shall 24 reserve 80 percent of the first $10 million in available 25 annual tax credits, and 70 percent of any available annual tax 26 credits in excess of $10 million, for donations made to 27 eligible sponsors for projects that provide homeownership 28 opportunities for low-income or very-low-income households as 29 defined in s. 420.9071(19) and (28). If any such reserved 30 annual tax credits remain after the first 6 months of the 31 fiscal year, the office may approve the balance of these 69 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 available credits for donations made to eligible sponsors for 2 projects other than those that provide homeownership 3 opportunities for low-income or very-low-income households. 4 2. For the first 6 months of the fiscal year, the 5 office shall reserve 20 percent of the first $10 million in 6 available annual tax credits, and 30 percent of any available 7 annual tax credits in excess of $10 million, for donations 8 made to eligible sponsors for projects other than those that 9 provide homeownership opportunities for low-income or 10 very-low-income households as defined in s. 420.9071(19) and 11 (28). If any reserved annual tax credits remain after the 12 first 6 months of the fiscal year, the office may approve the 13 balance of these available credits for donations made to 14 eligible sponsors for projects that provide homeownership 15 opportunities for low-income or very-low-income households. 16 1.3. If, during the first 10 business days of the 17 state fiscal year, eligible tax credit applications for 18 projects that provide homeownership opportunities for 19 low-income or very-low-income households as defined in s. 20 420.9071(19) and (28) are received for less than the available 21 annual tax credits available for those projects reserved under 22 subparagraph 1., the Office of Tourism, Trade, and Economic 23 Development shall grant tax credits for those applications and 24 shall grant remaining tax credits on a first-come, 25 first-served basis for any subsequent eligible applications 26 received before the end of the first 6 months of the state 27 fiscal year. If, during the first 10 business days of the 28 state fiscal year, eligible tax credit applications for 29 projects that provide homeownership opportunities for 30 low-income or very-low-income households as defined in s. 31 420.9071(19) and (28) are received for more than the available 70 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 annual tax credits available for those projects reserved under 2 subparagraph 1., the office shall grant the tax credits for 3 the applications as follows: 4 a. If tax credit applications submitted for approved 5 projects of an eligible sponsor do not exceed $200,000 in 6 total, the credits shall be granted in full if the tax credit 7 applications are approved, subject to subparagraph 1. 8 b. If tax credit applications submitted for approved 9 projects of an eligible sponsor exceed $200,000 in total, the 10 amount of tax credits granted under sub-subparagraph a. shall 11 be subtracted from the amount of available tax credits under 12 subparagraph 1., and the remaining credits shall be granted to 13 each approved tax credit application on a pro rata basis. 14 c. If, after the first 6 months of the fiscal year, 15 additional credits become available under subparagraph 2., the 16 office shall grant the tax credits by first granting to those 17 who received a pro rata reduction up to the full amount of 18 their request and, if there are remaining credits, granting 19 credits to those who applied on or after the 11th business day 20 of the state fiscal year on a first-come, first-served basis. 21 2.4. If, during the first 10 business days of the 22 state fiscal year, eligible tax credit applications for 23 projects other than those that provide homeownership 24 opportunities for low-income or very-low-income households as 25 defined in s. 420.9071(19) and (28) are received for less than 26 the available annual tax credits available for those projects 27 reserved under subparagraph 2., the Office of Tourism, Trade, 28 and Economic Development shall grant tax credits for those 29 applications and shall grant remaining tax credits on a 30 first-come, first-served basis for any subsequent eligible 31 applications received before the end of the first 6 months of 71 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the state fiscal year. If, during the first 10 business days 2 of the state fiscal year, eligible tax credit applications for 3 projects other than those that provide homeownership 4 opportunities for low-income or very-low-income households as 5 defined in s. 420.9071(19) and (28) are received for more than 6 the available annual tax credits available for those projects 7 reserved under subparagraph 2., the office shall grant the tax 8 credits for those the applications on a pro rata basis. If, 9 after the first 6 months of the fiscal year, additional 10 credits become available under subparagraph 1., the office 11 shall grant the tax credits by first granting to those who 12 received a pro rata reduction up to the full amount of their 13 request and, if there are remaining credits, granting credits 14 to those who applied on or after the 11th business day of the 15 state fiscal year on a first-come, first-served basis. 16 Section 27. Paragraph (b) of subsection (9) of section 17 1001.42, Florida Statutes, is amended to read: 18 1001.42 Powers and duties of district school 19 board.--The district school board, acting as a board, shall 20 exercise all powers and perform all duties listed below: 21 (9) SCHOOL PLANT.--Approve plans for locating, 22 planning, constructing, sanitating, insuring, maintaining, 23 protecting, and condemning school property as prescribed in 24 chapter 1013 and as follows: 25 (b) Sites, buildings, and equipment.-- 26 1. Select and purchase school sites, playgrounds, and 27 recreational areas located at centers at which schools are to 28 be constructed, of adequate size to meet the needs of 29 projected students to be accommodated. 30 2. Approve the proposed purchase of any site, 31 playground, or recreational area for which district funds are 72 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 to be used. 2 3. Expand existing sites. 3 4. Rent buildings when necessary. 4 5. Enter into leases or lease-purchase arrangements, 5 in accordance with the requirements and conditions provided in 6 s. 1013.15(2), with private individuals or corporations for 7 the rental of necessary grounds and educational facilities for 8 school purposes or of educational facilities to be erected for 9 school purposes. Current or other funds authorized by law may 10 be used to make payments under a lease-purchase agreement. 11 Notwithstanding any other statutes, if the rental is to be 12 paid from funds received from ad valorem taxation and the 13 agreement is for a period greater than 12 months, an approving 14 referendum must be held. The provisions of such contracts, 15 including building plans, shall be subject to approval by the 16 Department of Education, and no such contract shall be entered 17 into without such approval. As used in this section, 18 "educational facilities" means the buildings and equipment 19 that are built, installed, or established to serve educational 20 purposes and that may lawfully be used. The State Board of 21 Education may adopt such rules as are necessary to implement 22 these provisions. 23 6. Provide for the proper supervision of construction. 24 7. Make or contract for additions, alterations, and 25 repairs on buildings and other school properties. 26 8. Ensure that all plans and specifications for 27 buildings provide adequately for the safety and well-being of 28 students, as well as for economy of construction. 29 9. Make certain school board lands, acquired prior to 30 January 1, 2006, available to a private developer or nonprofit 31 housing organization for the purpose of providing teachers and 73 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 other instructional personnel with housing assistance. 2 Teachers and other instructional personnel must be eligible 3 for assistance under chapter 420, and the school board must 4 declare the land surplus and not needed for any facility 5 identified in the district facilities work program required 6 under s. 1013.35. 7 Section 28. (1) The Legislature finds that it is 8 critical to provide affordable housing to the very-low-income, 9 low-income, and moderate-income residents of this state. 10 Furthermore, the Legislature finds that there is a need for a 11 land-use-based option in order to improve the economic 12 feasibility of developing affordable housing. 13 (2) By December 1, 2006, the Department of Community 14 Affairs shall develop a model residential density bonus 15 ordinance that may be used by local governments to increase 16 the availability of affordable housing. The model ordinance 17 must, at a minimum, include: 18 (a) The types of housing developments that would be 19 eligible to receive a density bonus; 20 (b) The affordability requirements, including measures 21 to ensure the continued affordability of applicable housing 22 units; 23 (c) The methodologies used to calculate density 24 bonuses; 25 (d) The additional incentives and concessions 26 available to assist developing affordable housing units; 27 (e) The requirements applicable to converting existing 28 multifamily housing units to condominium units; and 29 (f) The application and review process for density 30 bonuses. 31 (3) The board of county commissioners of each county 74 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 and each municipality shall consider adopting and implementing 2 the residential density bonus ordinance. 3 Section 29. For the purpose of incorporating the 4 amendments made by this act to section 201.15, Florida 5 Statutes, in a reference thereto, subsection (1) of section 6 161.05301, Florida Statutes, is reenacted to read: 7 161.05301 Beach erosion control project staffing.-- 8 (1) There are hereby appropriated to the Department of 9 Environmental Protection six positions and $449,918 for fiscal 10 year 1998-1999 from the Ecosystem Management and Restoration 11 Trust Fund from revenues provided by this act pursuant to s. 12 201.15(11). These positions and funding are provided to 13 assist local project sponsors, and shall be used to facilitate 14 and promote enhanced beach erosion control project 15 administration. Such staffing resources shall be directed 16 toward more efficient contract development and oversight, 17 promoting cost-sharing strategies and regional coordination or 18 projects among local governments, providing assistance to 19 local governments to ensure timely permit review, and 20 improving billing review and disbursement processes. 21 Section 30. For the purpose of incorporating the 22 amendments made by this act to section 201.15, Florida 23 Statutes, in a reference thereto, subsection (3) of section 24 161.091, Florida Statutes, is reenacted to read: 25 161.091 Beach management; funding; repair and 26 maintenance strategy.-- 27 (3) In accordance with the intent expressed in s. 28 161.088 and the legislative finding that erosion of the 29 beaches of this state is detrimental to tourism, the state's 30 major industry, further exposes the state's highly developed 31 coastline to severe storm damage, and threatens beach-related 75 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 jobs, which, if not stopped, could significantly reduce state 2 sales tax revenues, funds deposited into the State Treasury to 3 the credit of the Ecosystem Management and Restoration Trust 4 Fund, in the annual amounts provided in s. 201.15(11), shall 5 be used, for a period of not less than 15 years, to fund the 6 development, implementation, and administration of the state's 7 beach management plan, as provided in ss. 161.091-161.212, 8 prior to the use of such funds deposited pursuant to s. 9 201.15(11) in that trust fund for any other purpose. 10 Section 31. For the purpose of incorporating the 11 amendments made by this act to section 201.15, Florida 12 Statutes, in a reference thereto, subsection (3) of section 13 370.0603, Florida Statutes, is reenacted to read: 14 370.0603 Marine Resources Conservation Trust Fund; 15 purposes.-- 16 (3) Funds provided to the Marine Resources 17 Conservation Trust Fund from taxes distributed under s. 18 201.15(11) shall be used for the following purposes: 19 (a) To reimburse the cost of activities authorized 20 pursuant to the Fish and Wildlife Service of the United States 21 Department of the Interior. Such facilities must be involved 22 in the actual rescue and full-time acute care 23 veterinarian-based rehabilitation of manatees. The cost of 24 activities includes, but is not limited to, costs associated 25 with expansion, capital outlay, repair, maintenance, and 26 operation related to the rescue, treatment, stabilization, 27 maintenance, release, and monitoring of manatees. Moneys 28 distributed through the contractual agreement to each facility 29 for manatee rehabilitation must be proportionate to the number 30 of manatees under acute care rehabilitation; the number of 31 maintenance days medically necessary in the facility; and the 76 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 number released during the previous fiscal year. The 2 commission may set a cap on the total amount reimbursed per 3 manatee per year. 4 (b) For training on the care, treatment, and 5 rehabilitation of marine mammals at the Whitney Laboratory and 6 the College of Veterinary Medicine at the University of 7 Florida. 8 (c) For program administration costs of the agency. 9 (d) Funds not distributed in any 1 fiscal year must be 10 carried over for distribution in subsequent years. 11 Section 32. For the purpose of incorporating the 12 amendments made by this act to section 201.15, Florida 13 Statutes, in a reference thereto, subsections (5) and (6) of 14 section 420.5092, Florida Statutes, are reenacted to read: 15 420.5092 Florida Affordable Housing Guarantee 16 Program.-- 17 (5) Pursuant to s. 16, Art. VII of the State 18 Constitution, the corporation may issue, in accordance with s. 19 420.509, revenue bonds of the corporation to establish the 20 guarantee fund. Such revenue bonds shall be primarily payable 21 from and secured by annual debt service reserves, from 22 interest earned on funds on deposit in the guarantee fund, 23 from fees, charges, and reimbursements established by the 24 corporation for the issuance of affordable housing guarantees, 25 and from any other revenue sources received by the corporation 26 and deposited by the corporation into the guarantee fund for 27 the issuance of affordable housing guarantees. To the extent 28 such primary revenue sources are considered insufficient by 29 the corporation, pursuant to the certification provided in 30 subsection (6), to fully fund the annual debt service reserve, 31 the certified deficiency in such reserve shall be additionally 77 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 payable from the first proceeds of the documentary stamp tax 2 moneys deposited into the State Housing Trust Fund pursuant to 3 s. 201.15(9)(a) and (10)(a) during the ensuing state fiscal 4 year. 5 (6)(a) If the primary revenue sources to be used for 6 repayment of revenue bonds used to establish the guarantee 7 fund are insufficient for such repayment, the annual principal 8 and interest due on each series of revenue bonds shall be 9 payable from funds in the annual debt service reserve. The 10 corporation shall, before June 1 of each year, perform a 11 financial audit to determine whether at the end of the state 12 fiscal year there will be on deposit in the guarantee fund an 13 annual debt service reserve from interest earned pursuant to 14 the investment of the guarantee fund, fees, charges, and 15 reimbursements received from issued affordable housing 16 guarantees and other revenue sources available to the 17 corporation. Based upon the findings in such guarantee fund 18 financial audit, the corporation shall certify to the Chief 19 Financial Officer the amount of any projected deficiency in 20 the annual debt service reserve for any series of outstanding 21 bonds as of the end of the state fiscal year and the amount 22 necessary to maintain such annual debt service reserve. Upon 23 receipt of such certification, the Chief Financial Officer 24 shall transfer to the annual debt service reserve, from the 25 first available taxes distributed to the State Housing Trust 26 Fund pursuant to s. 201.15(9)(a) and (10)(a) during the 27 ensuing state fiscal year, the amount certified as necessary 28 to maintain the annual debt service reserve. 29 (b) If the claims payment obligations under affordable 30 housing guarantees from amounts on deposit in the guarantee 31 fund would cause the claims paying rating assigned to the 78 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 guarantee fund to be less than the third-highest rating 2 classification of any nationally recognized rating service, 3 which classifications being consistent with s. 215.84(3) and 4 rules adopted thereto by the State Board of Administration, 5 the corporation shall certify to the Chief Financial Officer 6 the amount of such claims payment obligations. Upon receipt of 7 such certification, the Chief Financial Officer shall transfer 8 to the guarantee fund, from the first available taxes 9 distributed to the State Housing Trust Fund pursuant to s. 10 201.15(9)(a) and (10)(a) during the ensuing state fiscal year, 11 the amount certified as necessary to meet such obligations, 12 such transfer to be subordinate to any transfer referenced in 13 paragraph (a) and not to exceed 50 percent of the amounts 14 distributed to the State Housing Trust Fund pursuant to s. 15 201.15(9)(a) and (10)(a) during the preceding state fiscal 16 year. 17 Section 33. For the purpose of incorporating the 18 amendments made by this act to section 201.15, Florida 19 Statutes, in a reference thereto, section 420.9073, Florida 20 Statutes, is reenacted to read: 21 420.9073 Local housing distributions.-- 22 (1) Distributions calculated in this section shall be 23 disbursed on a monthly basis by the corporation beginning the 24 first day of the month after program approval pursuant to s. 25 420.9072. Each county's share of the funds to be distributed 26 from the portion of the funds in the Local Government Housing 27 Trust Fund received pursuant to s. 201.15(9) shall be 28 calculated by the corporation for each fiscal year as follows: 29 (a) Each county other than a county that has 30 implemented the provisions of chapter 83-220, Laws of Florida, 31 as amended by chapters 84-270, 86-152, and 89-252, Laws of 79 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Florida, shall receive the guaranteed amount for each fiscal 2 year. 3 (b) Each county other than a county that has 4 implemented the provisions of chapter 83-220, Laws of Florida, 5 as amended by chapters 84-270, 86-152, and 89-252, Laws of 6 Florida, may receive an additional share calculated as 7 follows: 8 1. Multiply each county's percentage of the total 9 state population excluding the population of any county that 10 has implemented the provisions of chapter 83-220, Laws of 11 Florida, as amended by chapters 84-270, 86-152, and 89-252, 12 Laws of Florida, by the total funds to be distributed. 13 2. If the result in subparagraph 1. is less than the 14 guaranteed amount as determined in subsection (3), that 15 county's additional share shall be zero. 16 3. For each county in which the result in subparagraph 17 1. is greater than the guaranteed amount as determined in 18 subsection (3), the amount calculated in subparagraph 1. shall 19 be reduced by the guaranteed amount. The result for each such 20 county shall be expressed as a percentage of the amounts so 21 determined for all counties. Each such county shall receive 22 an additional share equal to such percentage multiplied by the 23 total funds received by the Local Government Housing Trust 24 Fund pursuant to s. 201.15(9) reduced by the guaranteed amount 25 paid to all counties. 26 (2) Effective July 1, 1995, distributions calculated 27 in this section shall be disbursed on a monthly basis by the 28 corporation beginning the first day of the month after program 29 approval pursuant to s. 420.9072. Each county's share of the 30 funds to be distributed from the portion of the funds in the 31 Local Government Housing Trust Fund received pursuant to s. 80 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 201.15(10) shall be calculated by the corporation for each 2 fiscal year as follows: 3 (a) Each county shall receive the guaranteed amount 4 for each fiscal year. 5 (b) Each county may receive an additional share 6 calculated as follows: 7 1. Multiply each county's percentage of the total 8 state population, by the total funds to be distributed. 9 2. If the result in subparagraph 1. is less than the 10 guaranteed amount as determined in subsection (3), that 11 county's additional share shall be zero. 12 3. For each county in which the result in subparagraph 13 1. is greater than the guaranteed amount, the amount 14 calculated in subparagraph 1. shall be reduced by the 15 guaranteed amount. The result for each such county shall be 16 expressed as a percentage of the amounts so determined for all 17 counties. Each such county shall receive an additional share 18 equal to this percentage multiplied by the total funds 19 received by the Local Government Housing Trust Fund pursuant 20 to s. 201.15(10) as reduced by the guaranteed amount paid to 21 all counties. 22 (3) Calculation of guaranteed amounts: 23 (a) The guaranteed amount under subsection (1) shall 24 be calculated for each state fiscal year by multiplying 25 $350,000 by a fraction, the numerator of which is the amount 26 of funds distributed to the Local Government Housing Trust 27 Fund pursuant to s. 201.15(9) and the denominator of which is 28 the total amount of funds distributed to the Local Government 29 Housing Trust Fund pursuant to s. 201.15. 30 (b) The guaranteed amount under subsection (2) shall 31 be calculated for each state fiscal year by multiplying 81 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 $350,000 by a fraction, the numerator of which is the amount 2 of funds distributed to the Local Government Housing Trust 3 Fund pursuant to s. 201.15(10) and the denominator of which is 4 the total amount of funds distributed to the Local Government 5 Housing Trust Fund pursuant to s. 201.15. 6 (4) Funds distributed pursuant to this section may not 7 be pledged to pay debt service on any bonds. 8 Section 34. For the purpose of incorporating the 9 amendments made by this act to section 201.15, Florida 10 Statutes, in a reference thereto, subsection (7) of section 11 1013.64, Florida Statutes, is reenacted to read: 12 1013.64 Funds for comprehensive educational plant 13 needs; construction cost maximums for school district capital 14 projects.--Allocations from the Public Education Capital 15 Outlay and Debt Service Trust Fund to the various boards for 16 capital outlay projects shall be determined as follows: 17 (7) Moneys distributed to the Public Education Capital 18 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d) 19 to fund the Classrooms for Kids Program created in s. 1013.735 20 and the High Growth County District Capital Outlay Assistance 21 Grant Program created in s. 1013.738 shall be distributed as 22 provided by those sections. 23 Section 35. For the purpose of incorporating the 24 amendments made by this act to section 201.15, Florida 25 Statutes, in a reference thereto, subsection (4) of section 26 1013.738, Florida Statutes, is reenacted to read: 27 1013.738 High Growth District Capital Outlay 28 Assistance Grant Program.-- 29 (4) Moneys distributed to the Public Education Capital 30 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d) 31 for the High Growth District Capital Outlay Assistance Grant 82 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Program created in this section shall be distributed as 2 provided by this section. 3 Section 36. Section 196.1978, Florida Statutes, is 4 amended to read: 5 196.1978 Affordable housing property 6 exemption.--Property used to provide affordable housing 7 serving eligible persons as defined by s. 159.603(7) and 8 persons meeting income limits specified in s. 420.0004(10) s. 9 420.0004(9), (11) (10), and (15) (14), which property is owned 10 entirely by a nonprofit entity which is qualified as 11 charitable under s. 501(c)(3) of the Internal Revenue Code and 12 which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall 13 be considered property owned by an exempt entity and used for 14 a charitable purpose, and those portions of the affordable 15 housing property which provide housing to individuals with 16 incomes as defined in s. 420.0004(10)(9) and (15)(14) shall be 17 exempt from ad valorem taxation to the extent authorized in s. 18 196.196. All property identified in this section shall comply 19 with the criteria for determination of exempt status to be 20 applied by property appraisers on an annual basis as defined 21 in s. 196.195. The Legislature intends that any property owned 22 by a limited liability company which is disregarded as an 23 entity for federal income tax purposes pursuant to Treasury 24 Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by 25 its sole member. 26 Section 37. Paragraphs (o) and (q) of subsection (5) 27 of section 212.08, Florida Statutes, are amended to read: 28 212.08 Sales, rental, use, consumption, distribution, 29 and storage tax; specified exemptions.--The sale at retail, 30 the rental, the use, the consumption, the distribution, and 31 the storage to be used or consumed in this state of the 83 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 following are hereby specifically exempt from the tax imposed 2 by this chapter. 3 (5) EXEMPTIONS; ACCOUNT OF USE.-- 4 (o) Building materials in redevelopment projects.-- 5 1. As used in this paragraph, the term: 6 a. "Building materials" means tangible personal 7 property that becomes a component part of a housing project or 8 a mixed-use project. 9 b. "Housing project" means the conversion of an 10 existing manufacturing or industrial building to housing units 11 in an urban high-crime area, enterprise zone, empowerment 12 zone, Front Porch Community, designated brownfield area, or 13 urban infill area and in which the developer agrees to set 14 aside at least 20 percent of the housing units in the project 15 for low-income and moderate-income persons or the construction 16 in a designated brownfield area of affordable housing for 17 persons described in s. 420.0004(10), (11), or (15) s. 18 420.0004(9), (10), or (14), or in s. 159.603(7). 19 c. "Mixed-use project" means the conversion of an 20 existing manufacturing or industrial building to mixed-use 21 units that include artists' studios, art and entertainment 22 services, or other compatible uses. A mixed-use project must 23 be located in an urban high-crime area, enterprise zone, 24 empowerment zone, Front Porch Community, designated brownfield 25 area, or urban infill area, and the developer must agree to 26 set aside at least 20 percent of the square footage of the 27 project for low-income and moderate-income housing. 28 d. "Substantially completed" has the same meaning as 29 provided in s. 192.042(1). 30 2. Building materials used in the construction of a 31 housing project or mixed-use project are exempt from the tax 84 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 imposed by this chapter upon an affirmative showing to the 2 satisfaction of the department that the requirements of this 3 paragraph have been met. This exemption inures to the owner 4 through a refund of previously paid taxes. To receive this 5 refund, the owner must file an application under oath with the 6 department which includes: 7 a. The name and address of the owner. 8 b. The address and assessment roll parcel number of 9 the project for which a refund is sought. 10 c. A copy of the building permit issued for the 11 project. 12 d. A certification by the local building code 13 inspector that the project is substantially completed. 14 e. A sworn statement, under penalty of perjury, from 15 the general contractor licensed in this state with whom the 16 owner contracted to construct the project, which statement 17 lists the building materials used in the construction of the 18 project and the actual cost thereof, and the amount of sales 19 tax paid on these materials. If a general contractor was not 20 used, the owner shall provide this information in a sworn 21 statement, under penalty of perjury. Copies of invoices 22 evidencing payment of sales tax must be attached to the sworn 23 statement. 24 3. An application for a refund under this paragraph 25 must be submitted to the department within 6 months after the 26 date the project is deemed to be substantially completed by 27 the local building code inspector. Within 30 working days 28 after receipt of the application, the department shall 29 determine if it meets the requirements of this paragraph. A 30 refund approved pursuant to this paragraph shall be made 31 within 30 days after formal approval of the application by the 85 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 department. The provisions of s. 212.095 do not apply to any 2 refund application made under this paragraph. 3 4. The department shall establish by rule an 4 application form and criteria for establishing eligibility for 5 exemption under this paragraph. 6 5. The exemption shall apply to purchases of materials 7 on or after July 1, 2000. 8 (q) Community contribution tax credit for donations.-- 9 1. Authorization.--Beginning July 1, 2001, persons who 10 are registered with the department under s. 212.18 to collect 11 or remit sales or use tax and who make donations to eligible 12 sponsors are eligible for tax credits against their state 13 sales and use tax liabilities as provided in this paragraph: 14 a. The credit shall be computed as 50 percent of the 15 person's approved annual community contribution; 16 b. The credit shall be granted as a refund against 17 state sales and use taxes reported on returns and remitted in 18 the 12 months preceding the date of application to the 19 department for the credit as required in sub-subparagraph 3.c. 20 If the annual credit is not fully used through such refund 21 because of insufficient tax payments during the applicable 22 12-month period, the unused amount may be included in an 23 application for a refund made pursuant to sub-subparagraph 24 3.c. in subsequent years against the total tax payments made 25 for such year. Carryover credits may be applied for a 3-year 26 period without regard to any time limitation that would 27 otherwise apply under s. 215.26; 28 c. A person may not receive more than $200,000 in 29 annual tax credits for all approved community contributions 30 made in any one year; 31 d. All proposals for the granting of the tax credit 86 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 require the prior approval of the Office of Tourism, Trade, 2 and Economic Development; 3 e. The total amount of tax credits which may be 4 granted for all programs approved under this paragraph, s. 5 220.183, and s. 624.5105 is $8 $12 million annually for 6 projects that provide homeownership opportunities for 7 low-income or very-low-income households as defined in s. 8 420.9071(19) and (28), and $4 million annually for all other 9 projects; and 10 f. A person who is eligible to receive the credit 11 provided for in this paragraph, s. 220.183, or s. 624.5105 may 12 receive the credit only under the one section of the person's 13 choice. 14 2. Eligibility requirements.-- 15 a. A community contribution by a person must be in the 16 following form: 17 (I) Cash or other liquid assets; 18 (II) Real property; 19 (III) Goods or inventory; or 20 (IV) Other physical resources as identified by the 21 Office of Tourism, Trade, and Economic Development. 22 b. All community contributions must be reserved 23 exclusively for use in a project. As used in this 24 sub-subparagraph, the term "project" means any activity 25 undertaken by an eligible sponsor which is designed to 26 construct, improve, or substantially rehabilitate housing that 27 is affordable to low-income or very-low-income households as 28 defined in s. 420.9071(19) and (28); designed to provide 29 commercial, industrial, or public resources and facilities; or 30 designed to improve entrepreneurial and job-development 31 opportunities for low-income persons. A project may be the 87 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 investment necessary to increase access to high-speed 2 broadband capability in rural communities with enterprise 3 zones, including projects that result in improvements to 4 communications assets that are owned by a business. A project 5 may include the provision of museum educational programs and 6 materials that are directly related to any project approved 7 between January 1, 1996, and December 31, 1999, and located in 8 an enterprise zone designated pursuant to s. 290.0065. This 9 paragraph does not preclude projects that propose to construct 10 or rehabilitate housing for low-income or very-low-income 11 households on scattered sites. With respect to housing, 12 contributions may be used to pay the following eligible 13 low-income and very-low-income housing-related activities: 14 (I) Project development impact and management fees for 15 low-income or very-low-income housing projects; 16 (II) Down payment and closing costs for eligible 17 persons, as defined in s. 420.9071(19) and (28); 18 (III) Administrative costs, including housing 19 counseling and marketing fees, not to exceed 10 percent of the 20 community contribution, directly related to low-income or 21 very-low-income projects; and 22 (IV) Removal of liens recorded against residential 23 property by municipal, county, or special district local 24 governments when satisfaction of the lien is a necessary 25 precedent to the transfer of the property to an eligible 26 person, as defined in s. 420.9071(19) and (28), for the 27 purpose of promoting home ownership. Contributions for lien 28 removal must be received from a nonrelated third party. 29 c. The project must be undertaken by an "eligible 30 sponsor," which includes: 31 (I) A community action program; 88 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 (II) A nonprofit community-based development 2 organization whose mission is the provision of housing for 3 low-income or very-low-income households or increasing 4 entrepreneurial and job-development opportunities for 5 low-income persons; 6 (III) A neighborhood housing services corporation; 7 (IV) A local housing authority created under chapter 8 421; 9 (V) A community redevelopment agency created under s. 10 163.356; 11 (VI) The Florida Industrial Development Corporation; 12 (VII) A historic preservation district agency or 13 organization; 14 (VIII) A regional workforce board; 15 (IX) A direct-support organization as provided in s. 16 1009.983; 17 (X) An enterprise zone development agency created 18 under s. 290.0056; 19 (XI) A community-based organization incorporated under 20 chapter 617 which is recognized as educational, charitable, or 21 scientific pursuant to s. 501(c)(3) of the Internal Revenue 22 Code and whose bylaws and articles of incorporation include 23 affordable housing, economic development, or community 24 development as the primary mission of the corporation; 25 (XII) Units of local government; 26 (XIII) Units of state government; or 27 (XIV) Any other agency that the Office of Tourism, 28 Trade, and Economic Development designates by rule. 29 30 In no event may a contributing person have a financial 31 interest in the eligible sponsor. 89 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 d. The project must be located in an area designated 2 an enterprise zone or a Front Porch Florida Community pursuant 3 to s. 20.18(6), unless the project increases access to 4 high-speed broadband capability for rural communities with 5 enterprise zones but is physically located outside the 6 designated rural zone boundaries. Any project designed to 7 construct or rehabilitate housing for low-income or 8 very-low-income households as defined in s. 420.0971(19) and 9 (28) is exempt from the area requirement of this 10 sub-subparagraph. 11 e.(I) For the first 6 months of the fiscal year, the 12 Office of Tourism, Trade, and Economic Development shall 13 reserve 80 percent of the first $10 million in available 14 annual tax credits and 70 percent of any available annual tax 15 credits in excess of $10 million for donations made to 16 eligible sponsors for projects that provide homeownership 17 opportunities for low-income or very-low-income households as 18 defined in s. 420.9071(19) and (28). If any such reserved 19 annual tax credits remain after the first 6 months of the 20 fiscal year, the office may approve the balance of these 21 available credits for donations made to eligible sponsors for 22 projects other than those that provide homeownership 23 opportunities for low-income or very-low-income households. 24 (II) For the first 6 months of the fiscal year, the 25 office shall reserve 20 percent of the first $10 million in 26 available annual tax credits and 30 percent of any available 27 annual tax credits in excess of $10 million for donations made 28 to eligible sponsors for projects other than those that 29 provide homeownership opportunities for low-income or 30 very-low-income households as defined in s. 420.9071(19) and 31 (28). If any reserved annual tax credits remain after the 90 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 first 6 months of the fiscal year, the office may approve the 2 balance of these available credits for donations made to 3 eligible sponsors for projects that provide homeownership 4 opportunities for low-income or very-low-income households. 5 (I)(III) If, during the first 10 business days of the 6 state fiscal year, eligible tax credit applications for 7 projects that provide homeownership opportunities for 8 low-income or very-low-income households as defined in s. 9 420.9071(19) and (28) are received for less than the available 10 annual tax credits available for those projects reserved under 11 sub-sub-subparagraph (I), the Office of Tourism, Trade, and 12 Economic Development shall grant tax credits for those 13 applications and shall grant remaining tax credits on a 14 first-come, first-served basis for any subsequent eligible 15 applications received before the end of the first 6 months of 16 the state fiscal year. If, during the first 10 business days 17 of the state fiscal year, eligible tax credit applications for 18 projects that provide homeownership opportunities for 19 low-income or very-low-income households as defined in s. 20 420.9071(19) and (28) are received for more than the available 21 annual tax credits available for those projects reserved under 22 sub-sub-subparagraph (I), the office shall grant the tax 23 credits for those the applications as follows: 24 (A) If tax credit applications submitted for approved 25 projects of an eligible sponsor do not exceed $200,000 in 26 total, the credits shall be granted in full if the tax credit 27 applications are approved, subject to sub-sub-subparagraph 28 (I). 29 (B) If tax credit applications submitted for approved 30 projects of an eligible sponsor exceed $200,000 in total, the 31 amount of tax credits granted pursuant to 91 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 sub-sub-sub-subparagraph (A) shall be subtracted from the 2 amount of available tax credits under sub-sub-subparagraph 3 (I), and the remaining credits shall be granted to each 4 approved tax credit application on a pro rata basis. 5 (C) If, after the first 6 months of the fiscal year, 6 additional credits become available under sub-sub-subparagraph 7 (II), the office shall grant the tax credits by first granting 8 to those who received a pro rata reduction up to the full 9 amount of their request and, if there are remaining credits, 10 granting credits to those who applied on or after the 11th 11 business day of the state fiscal year on a first-come, 12 first-served basis. 13 (II)(IV) If, during the first 10 business days of the 14 state fiscal year, eligible tax credit applications for 15 projects other than those that provide homeownership 16 opportunities for low-income or very-low-income households as 17 defined in s. 420.9071(19) and (28) are received for less than 18 the available annual tax credits available for those projects 19 reserved under sub-sub-subparagraph (II), the Office of 20 Tourism, Trade, and Economic Development shall grant tax 21 credits for those applications and shall grant remaining tax 22 credits on a first-come, first-served basis for any subsequent 23 eligible applications received before the end of the first 6 24 months of the state fiscal year. If, during the first 10 25 business days of the state fiscal year, eligible tax credit 26 applications for projects other than those that provide 27 homeownership opportunities for low-income or very-low-income 28 households as defined in s. 420.9071(19) and (28) are received 29 for more than the available annual tax credits available for 30 those projects reserved under sub-sub-subparagraph (II), the 31 office shall grant the tax credits for the applications on a 92 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 pro rata basis. If, after the first 6 months of the fiscal 2 year, additional credits become available under 3 sub-sub-subparagraph (I), the office shall grant the tax 4 credits by first granting to those who received a pro rata 5 reduction up to the full amount of their request and, if there 6 are remaining credits, granting credits to those who applied 7 on or after the 11th business day of the state fiscal year on 8 a first-come, first-served basis. 9 3. Application requirements.-- 10 a. Any eligible sponsor seeking to participate in this 11 program must submit a proposal to the Office of Tourism, 12 Trade, and Economic Development which sets forth the name of 13 the sponsor, a description of the project, and the area in 14 which the project is located, together with such supporting 15 information as is prescribed by rule. The proposal must also 16 contain a resolution from the local governmental unit in which 17 the project is located certifying that the project is 18 consistent with local plans and regulations. 19 b. Any person seeking to participate in this program 20 must submit an application for tax credit to the Office of 21 Tourism, Trade, and Economic Development which sets forth the 22 name of the sponsor, a description of the project, and the 23 type, value, and purpose of the contribution. The sponsor 24 shall verify the terms of the application and indicate its 25 receipt of the contribution, which verification must be in 26 writing and accompany the application for tax credit. The 27 person must submit a separate tax credit application to the 28 office for each individual contribution that it makes to each 29 individual project. 30 c. Any person who has received notification from the 31 Office of Tourism, Trade, and Economic Development that a tax 93 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 credit has been approved must apply to the department to 2 receive the refund. Application must be made on the form 3 prescribed for claiming refunds of sales and use taxes and be 4 accompanied by a copy of the notification. A person may submit 5 only one application for refund to the department within any 6 12-month period. 7 4. Administration.-- 8 a. The Office of Tourism, Trade, and Economic 9 Development may adopt rules pursuant to ss. 120.536(1) and 10 120.54 necessary to administer this paragraph, including rules 11 for the approval or disapproval of proposals by a person. 12 b. The decision of the Office of Tourism, Trade, and 13 Economic Development must be in writing, and, if approved, the 14 notification shall state the maximum credit allowable to the 15 person. Upon approval, the office shall transmit a copy of the 16 decision to the Department of Revenue. 17 c. The Office of Tourism, Trade, and Economic 18 Development shall periodically monitor all projects in a 19 manner consistent with available resources to ensure that 20 resources are used in accordance with this paragraph; however, 21 each project must be reviewed at least once every 2 years. 22 d. The Office of Tourism, Trade, and Economic 23 Development shall, in consultation with the Department of 24 Community Affairs, the Florida Housing Finance Corporation, 25 and the statewide and regional housing and financial 26 intermediaries, market the availability of the community 27 contribution tax credit program to community-based 28 organizations. 29 5. Expiration.--This paragraph expires June 30, 2015; 30 however, any accrued credit carryover that is unused on that 31 date may be used until the expiration of the 3-year carryover 94 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 period for such credit. 2 Section 38. For the purpose of incorporating the 3 amendments made by this act to section 420.5087, Florida 4 Statutes, in a reference thereto, subsection (19) of section 5 420.503, Florida Statutes, is reenacted to read: 6 420.503 Definitions.--As used in this part, the term: 7 (19) "Housing for the elderly" means, for purposes of 8 s. 420.5087(3)(d), any nonprofit housing community that is 9 financed by a mortgage loan made or insured by the United 10 States Department of Housing and Urban Development under s. 11 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 12 236 of the National Housing Act, as amended, and that is 13 subject to income limitations established by the United States 14 Department of Housing and Urban Development, or any program 15 funded by the Rural Development Agency of the United States 16 Department of Agriculture and subject to income limitations 17 established by the United States Department of Agriculture. A 18 project which qualifies for an exemption under the Fair 19 Housing Act as housing for older persons as defined by s. 20 760.29(4) shall qualify as housing for the elderly for 21 purposes of s. 420.5087(3)(d) and for purposes of any loans 22 made pursuant to s. 420.508. In addition, if the corporation 23 adopts a qualified allocation plan pursuant to s. 42(m)(1)(B) 24 of the Internal Revenue Code or any other rules that 25 prioritize projects targeting the elderly for purposes of 26 allocating tax credits pursuant to s. 420.5099 or for purposes 27 of the HOME program under s. 420.5089, a project which 28 qualifies for an exemption under the Fair Housing Act as 29 housing for older persons as defined by s. 760.29(4) shall 30 qualify as a project targeted for the elderly, if the project 31 satisfies the other requirements set forth in this part. 95 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Section 39. For the purpose of incorporating the 2 amendments made by this act to section 420.5088, Florida 3 Statutes, in a reference thereto, section 420.5061, Florida 4 Statutes, is reenacted to read: 5 420.5061 Transfer of agency assets and 6 liabilities.--Effective January 1, 1998, all assets and 7 liabilities and rights and obligations, including any 8 outstanding contractual obligations, of the agency shall be 9 transferred to the corporation as legal successor in all 10 respects to the agency. The corporation shall thereupon become 11 obligated to the same extent as the agency under any existing 12 agreements and be entitled to any rights and remedies 13 previously afforded the agency by law or contract, including 14 specifically the rights of the agency under chapter 201 and 15 part VI of chapter 159. The corporation is a state agency for 16 purposes of s. 159.807(4)(a). Effective January 1, 1998, all 17 references under Florida law to the agency are deemed to mean 18 the corporation. The corporation shall transfer to the General 19 Revenue Fund an amount which otherwise would have been 20 deducted as a service charge pursuant to s. 215.20(1) if the 21 Florida Housing Finance Corporation Fund established by s. 22 420.508(5), the State Apartment Incentive Loan Fund 23 established by s. 420.5087(7), the Florida Homeownership 24 Assistance Fund established by s. 420.5088(5), the HOME 25 Investment Partnership Fund established by s. 420.5089(1), and 26 the Housing Predevelopment Loan Fund established by s. 27 420.525(1) were each trust funds. For purposes of s. 112.313, 28 the corporation is deemed to be a continuation of the agency, 29 and the provisions thereof are deemed to apply as if the same 30 entity remained in place. Any employees of the agency and 31 agency board members covered by s. 112.313(9)(a)6. shall 96 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 continue to be entitled to the exemption in that subparagraph, 2 notwithstanding being hired by the corporation or appointed as 3 board members of the corporation. Effective January 1, 1998, 4 all state property in use by the agency shall be transferred 5 to and become the property of the corporation. 6 Section 40. For the purpose of incorporating the 7 amendments made by this act to section 420.9075, Florida 8 Statutes, in a reference thereto, subsection (25) of section 9 420.9071, Florida Statutes, is reenacted to read: 10 420.9071 Definitions.--As used in ss. 11 420.907-420.9079, the term: 12 (25) "Recaptured funds" means funds that are recouped 13 by a county or eligible municipality in accordance with the 14 recapture provisions of its local housing assistance plan 15 pursuant to s. 420.9075(4)(g) from eligible persons or 16 eligible sponsors who default on the terms of a grant award or 17 loan award. 18 Section 41. For the purpose of incorporating the 19 amendments made by this act to section 723.083, Florida 20 Statutes, in a reference thereto, subsection (3) of section 21 723.061, Florida Statutes, is reenacted to read: 22 723.061 Eviction; grounds, proceedings.-- 23 (3) The provisions of s. 723.083 shall not be 24 applicable to any park where the provisions of this subsection 25 apply. 26 Section 42. Sections 420.37 and 420.530, Florida 27 Statutes, are repealed. 28 Section 43. Section 723.083, Florida Statutes, is 29 amended to read: 30 723.083 Governmental action affecting removal of 31 mobile home owners.--An No agency of municipal, local, county, 97 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 or state government may not shall approve any application for 2 rezoning, or take any other official action, which would 3 result in the removal or relocation of mobile home owners 4 residing in a mobile home park without first determining that 5 adequate mobile home parks or other suitable facilities exist 6 for the relocation of the mobile home owners. If the 7 governmental entity determines that adequate mobile home parks 8 or other suitable facilities do not exist in the area where 9 the mobile home park is located, mobile home parks shall be a 10 permittable use in all land use categories in the applicable 11 local government's comprehensive plan and zoning districts, 12 except those districts designated as preservation or 13 conservation land on the future land use map or by local 14 ordinance. 15 Section 44. The Department of Community Affairs shall 16 establish the Home Retrofit Hardening Program. The program is 17 a competitive grant program to fund improvements to homes 18 constructed before the implementation of the current Florida 19 Building Code when the improvements will directly affect the 20 ability of the home to withstand hurricane force winds and 21 improve the home's rating for home insurance. Site-built and 22 mobile homes are eligible for funding under this program. 23 However, priority shall be given to low-income homeowners, as 24 defined in s. 420.004(9), Florida Statutes, who live in 25 wind-borne debris regions as defined in the Florida Building 26 Code. 27 (1) The program shall be administered by local 28 governments, regional planning councils, or private nonprofit 29 agencies under the overall direction of the department. 30 Funding for the program is contingent upon appropriations. 31 When awarding program funds, the department shall be guided 98 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 by: 2 (a) The number of homes in need of improvement. 3 (b) The number of homes located within the wind-borne 4 debris region. 5 (c) The number of persons who will benefit from the 6 improvements. 7 (d) The number of low-income households who will 8 benefit from the improvements. 9 (e) The costs per home to provide improvements. 10 (2) Funds may be used for the following improvements 11 installed in compliance with Blueprint-for-Safety standards: 12 a. Roof deck attachment; 13 b. Secondary water barrier; 14 c. Roof covering; 15 d. Brace gable ends; 16 e. Reinforce roof-to-wall connections; 17 f. Opening protection; and 18 g. Exterior doors. 19 (3) Each project grant for an individual home retrofit 20 may not exceed $10,000. 21 (4) Administrative costs shall be kept to a minimum 22 and may not exceed 5 percent of the program funding. 23 (5) Grantees are encouraged to leverage grant funds 24 available under this program with other available funds. 25 Matching funds for a project is not a requirement. However, 26 matching funds from other available sources may be considered 27 by the department in the competitive-review process. 28 Section 45. (1) The Florida Housing Finance 29 Corporation may provide funds to eligible entities for 30 affordable housing recovery in those counties that were 31 declared eligible for disaster funding after the hurricanes of 99 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 2004 and 2005, and that sustained housing damage due to those 2 storms. The Florida Housing Finance Corporation shall use data 3 provided by the Federal Emergency Management Agency to assist 4 in its allocation of funds to local jurisdictions. Funds 5 available are contingent upon appropriations and shall be 6 provided to fund the hurricane housing recovery program, the 7 farmworker housing recovery and the special housing assistance 8 and development programs, the Florida Housing and Finance 9 Corporation for the purpose of providing technical and 10 training assistance, and to the Rental Recovery Loan Program. 11 To administer these programs, the Florida Housing Finance 12 Corporation shall be guided by the "Hurricane Housing Work 13 Group Recommendations to Assist in Florida's Long-Term Housing 14 Recovery Efforts," dated February 16, 2005. 15 (2) The Florida Housing Finance Corporation may adopt 16 emergency rules pursuant to s. 120.54, Florida Statutes, to 17 administer these programs. The Legislature finds that 18 emergency rules adopted under this section meet the health, 19 safety, and welfare requirements of s. 120.54(4), Florida 20 Statutes, and that such emergency rulemaking power is 21 necessary for the preservation of the rights and welfare of 22 the people to provide additional funds to assist in those 23 counties that were declared eligible for disaster funding 24 pursuant to the hurricanes of 2004 and 2005, and that 25 sustained housing damage due to the storms. Therefore, in 26 adopting the emergency rules, the corporation need not make 27 the findings required by s. 120.54(4)(a), Florida Statutes. 28 Emergency rules adopted under this section are exempt from s. 29 120.54(4)(c), Florida Statutes. 30 Section 46. The sum of is 31 appropriated from the Local Government Housing Trust Fund to 100 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the Florida Housing Finance Corporation for the purpose of 2 assisting in the production of housing units for 3 extremely-low-income persons during the 2006-2007 fiscal year. 4 Section 47. Except as otherwise expressly provided in 5 this act, this act shall take effect July 1, 2006. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to affordable housing; creating 15 ss. 125.379 and 166.0451, F.S, relating to 16 counties and municipalities, respectively; 17 requiring county and municipal staff to prepare 18 an inventory list of all real property to which 19 the county or municipality holds fee simple 20 title by a specified date and triennially 21 thereafter; requiring planning staff to 22 identify real property that is appropriate for 23 use as affordable housing; specifying a time 24 period for completion of the inventory and 25 identification of surplus real property; 26 requiring public hearings; requiring the county 27 or municipality to approve the inventory list; 28 specifying a time for the first public hearing 29 and adoption of the resolution; requiring that 30 the properties identified as appropriate for 31 use as affordable housing to become immediately 101 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 available; prescribing the options the county 2 or municipality have to dispose of the surplus 3 lands for affordable housing; providing 4 requirements for certain deed restrictions; 5 providing definitions; amending s. 163.31771, 6 F.S.; conforming cross-references; amending s. 7 163.3180, F.S.; exempting certain manufactured 8 housing developments from concurrency 9 requirements; providing a statement of 10 important state interest; amending s. 189.4155, 11 F.S.; authorizing a special district to provide 12 housing and housing assistance for employees; 13 amending s. 191.006, F.S.; authorizing an 14 independent special district to provide housing 15 and housing assistance for its employees; 16 amending s. 197.252, F.S.; decreasing the age 17 and increasing the income threshold required 18 for eligibility to defer ad valorem property 19 taxes; decreasing the maximum interest rate 20 that may be charged on deferred ad valorem 21 taxes; amending s. 201.15, F.S.; revising the 22 distributions of portions of the excise tax on 23 documents to the State Housing Trust Fund for 24 purposes of preserving the rights of holders of 25 affordable housing guarantees; deleting 26 obsolete provisions relating to the High Growth 27 District Capital Outlay Assistance Grant 28 Program; providing an additional sum to the 29 State Transportation Trust Fund for specified 30 purposes; appropriating an additional sum to 31 fund the Classrooms for Kids Program; 102 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 appropriating recurring funding for the Century 2 Commission for a Sustainable Florida; 3 correcting a cross reference; amending s. 4 215.619, F.S.; revising certain provisions 5 relating to Everglades restoration bonds; 6 amending s. 220.183, F.S.; providing separate 7 annual limitations for tax credits against the 8 corporate income tax for donations made to 9 eligible sponsors for projects that provide 10 homeownership opportunities for certain 11 households and for donations made to eligible 12 sponsors for all other projects; eliminating 13 the requirement that the Office of Tourism, 14 Trade, and Economic Development reserve 15 portions of certain annual tax credits for 16 donations made to eligible sponsors for 17 projects that provide homeownership 18 opportunities for certain households; amending 19 s. 253.034, F.S.; authorizing a local 20 government to request that state lands be 21 declared surplus lands in order to provide 22 affordable housing; providing options for 23 disposing of surplus state lands that are used 24 for affordable housing; deleting obsolete 25 provisions; amending s. 295.16, F.S.; expanding 26 an exemption from certain fees relating to 27 structural improvements to a disabled veteran's 28 residence; amending s. 380.06, F.S.; revising 29 the criteria under which a proposed change to 30 the development constitutes a substantial 31 deviation; amending s. 380.0651, F.S.; revising 103 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 the statewide guidelines for developments of 2 regional impact to review certain types of 3 developments; amending s. 420.0004, F.S.; 4 defining the term "extremely-low-income 5 persons"; amending s. 420.503, F.S.; redefining 6 the term "farmworker" for purposes of the use 7 of certain federal funds by the Florida Housing 8 Finance Corporation; amending s. 420.507, F.S.; 9 revising certain loan and interest rate 10 provisions relating to the State Apartment 11 Incentive Loan Program; authorizing the use of 12 loans issued under the Florida Homeownership 13 Assistance Program for property acquisition; 14 authorizing the Florida Housing Finance 15 Corporation to establish subsidiary business 16 entities for specified purposes; authorizing 17 the Florida Housing Finance Corporation to 18 adopt rules allowing the corporation to take 19 action to avoid default of program loans; 20 authorizing the Florida Housing Finance 21 Corporation to adopt rules requiring the 22 reporting of certain data concerning housing 23 financed through corporation programs; amending 24 s. 420.5087, F.S.; revising the population 25 thresholds for the categories used to allocate 26 funds to counties under the State Apartment 27 Incentive Loan Program; reducing the percentage 28 of the loan amount which the sponsor of a 29 housing community for the elderly must commit 30 to match in order to receive the loan under the 31 State Apartment Incentive Loan Program; 104 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 providing that certain loans made under the 2 State Apartment Incentive Loan Program may be 3 made coterminous with other liens that have 4 terms in excess of 15 years; authorizing the 5 Florida Housing Finance Corporation to waive 6 certain requirements for projects that serve 7 extremely-low-income families; deleting certain 8 obsolete provisions; providing for the 9 inclusion of housing units for 10 extremely-low-income families as a criterion in 11 the competitive application process; clarifying 12 the Florida Housing Finance Corporation's 13 authority regarding the sale, transfer, or 14 refinancing of certain projects; amending s. 15 420.5088, F.S.; providing that the 16 Homeownership Assistance Program may assist 17 moderate-income persons in purchasing a home; 18 increasing the income limit served by the 19 Homeownership Assistance Program; increasing 20 the limit on loan amounts for homes purchased 21 through the Homeownership Assistance Program; 22 increasing the percentage of the state or local 23 median income below which personal or family 24 income must fall in order to purchase a home 25 under the Florida Homeownership Assistance 26 Program; deleting a provision requiring the 27 reservation of certain housing funds for a 28 period of 9 months; amending s. 420.9072, F.S.; 29 conforming cross-references; amending s. 30 420.9075, F.S.; providing components to be 31 included in the local housing assistance plan; 105 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 providing for calculating the average area 2 purchase price for eligible housing under the 3 State Housing Initiatives Partnership Act in 4 the manner established by the United States 5 Department of the Treasury; creating s. 6 420.9077, F.S.; creating the Community Housing 7 Innovation Program within the State Housing 8 Initiatives Program; providing legislative 9 findings; requiring the program to provide 10 funds for the housing needs of specified 11 entities; providing certain incentives for 12 program applicants; providing for funding and 13 conditions for funding; requiring the Florida 14 Housing Finance Corporation to establish 15 selection criteria for applicants; providing 16 that funding for the Community Housing 17 Innovation Program is separate from the 18 appropriation for the provisions of ss. 19 420.907-420.9078, F.S.; providing an expiration 20 date; amending s. 420.9079, F.S.; authorizing 21 the Florida Housing Finance Corporation to 22 request certain funds for compliance 23 monitoring; amending s. 624.5105, F.S.; 24 providing separate annual limitations for tax 25 credits against the insurance premium tax for 26 donations made to eligible sponsors for 27 projects that provide homeownership 28 opportunities for certain households and for 29 donations made to eligible sponsors for all 30 other projects; eliminating the requirement 31 that the Office of Tourism, Trade, and Economic 106 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 Development reserve portions of certain annual 2 tax credits for donations made to eligible 3 sponsors for projects that provide 4 homeownership opportunities for certain 5 households; amending s. 1001.42, F.S.; 6 authorizing school district boards to provide 7 lands for purposes of affordable housing for 8 certain teachers and other instructional 9 personnel; directing the Department of 10 Community Affairs to develop a model 11 residential density bonus ordinance for use by 12 local governments; reenacting ss. 161.05301(1), 13 161.091(3), 370.0603(3), 420.5092(5) and (6), 14 420.9073, 1013.64(7), and 1013.738(4), F.S., 15 relating to beach erosion control projects, 16 beach management funding, the Marine Resources 17 Conservation Trust Fund, the Florida Affordable 18 Housing Guarantee Program, distributions for 19 local housing programs, comprehensive 20 educational plant needs, and a high growth 21 grant program, respectively, to incorporate the 22 amendments made to s. 201.15, F.S., in a 23 reference thereto; reenacting s. 196.1978, 24 F.S., relating to affordable housing property 25 tax exemption, to incorporate the amendments 26 made to s. 402.0004, F.S., in references 27 thereto; amending s. 212.08, F.S.; providing 28 separate annual limitations for tax credits 29 against the sales and use tax for donations 30 made to eligible sponsors for projects that 31 provides homeownership opportunities for 107 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 certain households and for donations made to 2 eligible sponsors for all other projects; 3 eliminating the requirement that the Office of 4 Tourism, Trade, and Economic Development 5 reserve portions of certain annual tax credits 6 for donations made to eligible sponsors for 7 projects that provide homeownership 8 opportunities for certain households; 9 reenacting s. 420.503(19), F.S., relating to 10 defining terms for the Florida Housing Finance 11 Corporation, to incorporate the amendments made 12 to s. 420.5087, F.S., in a reference thereto; 13 reenacting s. 420.5061, F.S., relating to the 14 transfer of assets and liabilities to the 15 Florida Housing Finance Corporation, to 16 incorporate the amendments made to s. 420.5088, 17 F.S., in a reference thereto; reenacting s. 18 420.9071(25), F.S., relating to definitions 19 pertaining to the state housing initiatives 20 partnership, to incorporate the amendments made 21 to s. 420.9075, F.S., in a reference thereto; 22 reenacting s. 723.061(3), F.S., relating to 23 grounds for eviction from a mobile home park, 24 to incorporate the amendments made to s. 25 723.083, F.S., in a reference thereto; 26 repealing ss. 420.37 and 420.530, F.S., 27 relating to certain powers of the Florida 28 Housing Finance Corporation and the state 29 farmworker pilot loan program, respectively; 30 amending s. 723.083, F.S.; providing that 31 mobile homes are a permittable use in certain 108 11:36 AM 04/18/06 s0132c1d-go16-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 132 Barcode 360182 1 land use categories under specified 2 circumstances; creating the Home Retrofit 3 Hardening Program; authorizing the Florida 4 Housing Finance Corporation to supply grants in 5 order to fund improvements to homes constructed 6 before the implementation of the current 7 Florida Building Code when the improvements 8 will directly affect the ability of the home to 9 withstand hurricane force winds and improve the 10 home's rating for home insurance; providing 11 criteria for eligibility of grants; authorizing 12 the corporation to provide funds for eligible 13 entities for affordable housing recovery in 14 those counties that were declared eligible for 15 disaster funding after the hurricanes of 2004 16 and 2005 and that sustained housing damage due 17 to those storms; authorizing the corporation to 18 adopt emergency rules; providing an 19 appropriation to the Florida Housing Finance 20 Corporation to provide housing units for 21 extremely-low-income persons; providing 22 effective dates. 23 24 25 26 27 28 29 30 31 109 11:36 AM 04/18/06 s0132c1d-go16-tk9