Senate Bill sb0132c2

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    Florida Senate - 2006                     CS for CS for SB 132

    By the Committees on Transportation and Economic Development
    Appropriations; Community Affairs; and Senators Bennett, Clary
    and Fasano



    606-2395-06

  1                      A bill to be entitled

  2         An act relating to affordable housing; creating

  3         ss. 125.379 and 166.0451, F.S, relating to

  4         counties and municipalities, respectively;

  5         requiring county and municipal staff to prepare

  6         an inventory list of all real property to which

  7         the county or municipality holds fee simple

  8         title by a specified date and triennially

  9         thereafter; requiring planning staff to

10         identify real property that is appropriate for

11         use as affordable housing; specifying a time

12         period for completion of the inventory and

13         identification of surplus real property;

14         requiring public hearings; requiring the county

15         or municipality to approve the inventory list;

16         specifying a time for the first public hearing

17         and adoption of the resolution; requiring that

18         the properties identified as appropriate for

19         use as affordable housing to become immediately

20         available; prescribing the options the county

21         or municipality have to dispose of the surplus

22         lands for affordable housing; providing

23         requirements for certain deed restrictions;

24         providing definitions; amending s. 163.31771,

25         F.S.; conforming cross-references; providing a

26         statement of important state interest; amending

27         s. 189.4155, F.S.; authorizing a special

28         district to provide housing and housing

29         assistance for employees; amending s. 191.006,

30         F.S.; authorizing an independent special

31         district to provide housing and housing

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 1         assistance for its employees; amending s.

 2         197.252, F.S.; decreasing the age and

 3         increasing the income threshold required for

 4         eligibility to defer ad valorem property taxes;

 5         decreasing the maximum interest rate that may

 6         be charged on deferred ad valorem taxes;

 7         amending s. 201.15, F.S.; revising certain

 8         provisions relating to Everglades Restoration

 9         bonds; correcting a cross reference; amending

10         s. 215.619, F.S.; revising certain provisions

11         relating to Everglades restoration bonds;

12         amending s. 253.034, F.S.; authorizing a local

13         government to request that state lands be

14         declared surplus lands in order to provide

15         affordable housing; providing options for

16         disposing of surplus state lands that are used

17         for affordable housing; deleting obsolete

18         provisions; amending s. 295.16, F.S.; expanding

19         an exemption from certain fees relating to

20         structural improvements to a disabled veteran's

21         residence; amending s. 380.06, F.S.; revising

22         the criteria under which a proposed change to

23         the development constitutes a substantial

24         deviation; amending s. 380.0651, F.S.; revising

25         the statewide guidelines for developments of

26         regional impact to review certain types of

27         developments; amending s. 420.0004, F.S.;

28         defining the term "extremely-low-income

29         persons"; amending s. 420.503, F.S.; redefining

30         the term "farmworker" for purposes of the use

31         of certain federal funds by the Florida Housing

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 1         Finance Corporation; amending s. 420.507, F.S.;

 2         revising certain loan and interest rate

 3         provisions relating to the State Apartment

 4         Incentive Loan Program; authorizing the use of

 5         loans issued under the Florida Homeownership

 6         Assistance Program for property acquisition;

 7         authorizing the Florida Housing Finance

 8         Corporation to establish subsidiary business

 9         entities for specified purposes; authorizing

10         the Florida Housing Finance Corporation to

11         adopt rules allowing the corporation to take

12         action to avoid default of program loans;

13         authorizing the Florida Housing Finance

14         Corporation to adopt rules requiring the

15         reporting of certain data concerning housing

16         financed through corporation programs; amending

17         s. 420.5087, F.S.; revising the population

18         thresholds for the categories used to allocate

19         funds to counties under the State Apartment

20         Incentive Loan Program; reducing the percentage

21         of the loan amount which the sponsor of a

22         housing community for the elderly must commit

23         to match in order to receive the loan under the

24         State Apartment Incentive Loan Program;

25         providing that certain loans made under the

26         State Apartment Incentive Loan Program may be

27         made coterminous with other liens that have

28         terms in excess of 15 years; authorizing the

29         Florida Housing Finance Corporation to waive

30         certain requirements for projects that serve

31         extremely-low-income families; deleting certain

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 1         obsolete provisions; providing for the

 2         inclusion of housing units for

 3         extremely-low-income families as a criterion in

 4         the competitive application process; clarifying

 5         the Florida Housing Finance Corporation's

 6         authority regarding the sale, transfer, or

 7         refinancing of certain projects; amending s.

 8         420.5088, F.S.; providing that the

 9         Homeownership Assistance Program may assist

10         moderate-income persons in purchasing a home;

11         increasing the income limit served by the

12         Homeownership Assistance Program; increasing

13         the limit on loan amounts for homes purchased

14         through the Homeownership Assistance Program;

15         increasing the percentage of the state or local

16         median income below which personal or family

17         income must fall in order to purchase a home

18         under the Florida Homeownership Assistance

19         Program; deleting a provision requiring the

20         reservation of certain housing funds for a

21         period of 9 months; amending s. 420.9072, F.S.;

22         conforming cross-references; amending s.

23         420.9075, F.S.; providing components to be

24         included in the local housing assistance plan;

25         providing for calculating the average area

26         purchase price for eligible housing under the

27         State Housing Initiatives Partnership Act in

28         the manner established by the United States

29         Department of the Treasury; creating the

30         Community Workforce Housing Innovation Pilot

31         Program; providing legislative findings;

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 1         requiring the program to provide funds for the

 2         housing needs of specified entities; providing

 3         certain incentives for program applicants;

 4         providing for funding and conditions for

 5         funding; requiring the Florida Housing Finance

 6         Corporation to establish selection criteria for

 7         applicants; amending s. 420.9079, F.S.;

 8         authorizing the Florida Housing Finance

 9         Corporation to request certain funds for

10         compliance monitoring; amending s. 1001.42,

11         F.S.; authorizing school district boards to

12         provide lands for purposes of affordable

13         housing for certain teachers and other

14         instructional personnel; directing the

15         Department of Community Affairs to develop a

16         model residential density bonus ordinance for

17         use by local governments; reenacting ss.

18         161.05301(1), 161.091(3), 370.0603(3),

19         420.5092(5) and (6), 420.9073, 1013.64(7), and

20         1013.738(4), F.S., relating to beach erosion

21         control projects, beach management funding, the

22         Marine Resources Conservation Trust Fund, the

23         Florida Affordable Housing Guarantee Program,

24         distributions for local housing programs,

25         comprehensive educational plant needs, and a

26         high growth grant program, respectively, to

27         incorporate the amendments made to s. 201.15,

28         F.S., in a reference thereto; reenacting s.

29         196.1978, F.S., relating to affordable housing

30         property tax exemption, to incorporate the

31         amendments made to s. 402.0004, F.S., in

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 1         references thereto; amending s. 212.08, F.S.;

 2         correcting cross-references; reenacting s.

 3         420.503(19), F.S., relating to defining terms

 4         for the Florida Housing Finance Corporation, to

 5         incorporate the amendments made to s. 420.5087,

 6         F.S., in a reference thereto; reenacting s.

 7         420.5061, F.S., relating to the transfer of

 8         assets and liabilities to the Florida Housing

 9         Finance Corporation, to incorporate the

10         amendments made to s. 420.5088, F.S., in a

11         reference thereto; reenacting s. 420.9071(25),

12         F.S., relating to definitions pertaining to the

13         state housing initiatives partnership, to

14         incorporate the amendments made to s. 420.9075,

15         F.S., in a reference thereto; repealing ss.

16         420.37 and 420.530, F.S., relating to certain

17         powers of the Florida Housing Finance

18         Corporation and the state farmworker pilot loan

19         program, respectively; authorizing the

20         corporation to provide funds for eligible

21         entities for affordable housing recovery in

22         those counties that were declared eligible for

23         disaster funding after the hurricanes of 2004

24         and 2005 and that sustained housing damage due

25         to those storms; authorizing the corporation to

26         adopt emergency rules; providing an

27         appropriation to the Florida Housing Finance

28         Corporation to provide housing units for

29         extremely-low-income persons; providing an

30         appropriation to the Florida Housing Finance

31         Corporation to implement the Community

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 1         Workforce Housing Innovation Pilot Program;

 2         providing an appropriation to the Florida

 3         Housing Finance Corporation for hurricane

 4         housing recovery; providing an appropriation to

 5         the Department of Community Affairs for the

 6         Century Commission for a Sustainable Florida;

 7         providing effective dates.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 125.379, Florida Statutes, is

12  created to read:

13         125.379  Disposition of county property for affordable

14  housing.--

15         (1)  By January 1, 2007, and every 3 years thereafter,

16  each county shall prepare an inventory list of all real

17  property within its jurisdiction to which the county holds fee

18  simple title, excluding lands designated for natural resource

19  conservation. The inventory list must include the address and

20  tax identification number of each real property and specify

21  whether the property is vacant or improved. County planning

22  staff shall review the inventory list and identify each

23  property that is appropriate for use as affordable housing.

24  The time for preparing the inventory list and its review by

25  county planning staff may not exceed 6 months. The properties

26  identified as appropriate for use as affordable housing may be

27  offered for sale and the proceeds used to purchase land for

28  the development of affordable housing or donated to a local

29  housing trust fund, sold with a restriction that requires any

30  development on the property to include a specified percentage

31  of permanently affordable housing, or donated to a nonprofit

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 1  housing organization for the construction of permanently

 2  affordable housing.

 3         (2)  After completing an inventory list, the board of

 4  county commissioners shall hold at least two public hearings

 5  to discuss the inventory list and staff's recommendation

 6  concerning which properties are appropriate for use as

 7  affordable housing. The board shall comply with the provisions

 8  of s. 125.66(4)(b)1. regarding the advertisement of the public

 9  hearings and shall hold the first hearing no later than 30

10  days after completing the inventory list. The board shall

11  approve the inventory list through the adoption of a

12  resolution at the second hearing no later than 6 months after

13  completing the inventory list.

14         (3)  Notwithstanding s. 125.35, after the inventory

15  list has been approved by resolution, the board of county

16  commissioners shall immediately make available any real

17  property that has been identified in the inventory list as

18  appropriate for use as affordable housing. The county shall

19  make the surplus real property available to:

20         (a)  A private developer if the purchase price paid by

21  the developer is not less than the appraised value of the

22  property based on its highest and best use and the real

23  property is sold with deed restrictions that require a

24  specified percentage of any project developed on the real

25  property to provide affordable housing for low-income and

26  moderate-income persons, with a minimum of 10 percent of the

27  units in the project available for low-income persons and

28  another 10 percent of the units for moderate-income persons

29  for a total minimum of 20 percent, or, if providing rental

30  housing or a combination of rental housing and homeownership,

31  

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 1  an additional 5 percent of the units for very-low-income

 2  persons for a total minimum of 25 percent;

 3         (b)  A private developer without any requirement that a

 4  percentage of the units built on the real property be

 5  affordable if the purchase price paid by the developer is not

 6  less than the appraised value of the property based on its

 7  highest and best use, in which case the county must use the

 8  funds received from the developer to acquire real property on

 9  which affordable housing will be built or donate the funds to

10  a local housing trust fund; or

11         (c)  A nonprofit housing organization, such as a

12  community land trust, housing authority, or community

13  redevelopment agency to be used for the production and

14  preservation of permanently affordable housing.

15         (4)  The deed restrictions required under paragraph

16  (3)(a) for an affordable housing unit must also prohibit the

17  unit from being sold at a price that exceeds the threshold for

18  housing that is affordable for low-income or moderate-income

19  persons or to a buyer who is not eligible due to his or her

20  income under chapter 420. The deed restrictions may allow the

21  affordable housing units created under paragraph (3)(a) to be

22  rented to extremely-low-income, very-low-income, low-income,

23  or moderate-income persons.

24         (5)  For purposes of this section, the terms

25  "affordable," "extremely-low-income persons," "low-income

26  persons," "moderate-income persons," and "very-low-income

27  persons" have the same meaning as in s. 420.0004.

28         Section 2.  Paragraphs (d), (e), and (f) of subsection

29  (2) of section 163.31771, Florida Statutes, are amended to

30  read:

31         163.31771  Accessory dwelling units.--

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 1         (2)  As used in this section, the term:

 2         (d)  "Low-income persons" has the same meaning as in s.

 3  420.0004(10) s. 420.0004(9).

 4         (e)  "Moderate-income persons" has the same meaning as

 5  in s. 420.0004(11) s. 420.0004(10).

 6         (f)  "Very-low-income persons" has the same meaning as

 7  in s. 420.004(15) s. 420.0004(14).

 8         Section 3.  Section 166.0451, Florida Statutes, is

 9  created to read:

10         166.0451  Disposition of municipal property for

11  affordable housing.--

12         (1)  By January 1, 2007, and every 3 years thereafter,

13  each municipality shall prepare an inventory list of all real

14  property within its jurisdiction to which the municipality

15  holds fee simple title, excluding lands designated for natural

16  resource conservation. The inventory list must include the

17  address and tax identification number of each property and

18  specify whether the property is vacant or improved. Municipal

19  planning staff shall review the inventory list and identify

20  each real property that is appropriate for use as affordable

21  housing. The time for preparing the inventory list and its

22  review by municipal planning staff may not exceed 6 months.

23  The properties identified as appropriate for use as affordable

24  housing may be offered for sale and the proceeds used to

25  purchase land for the development of affordable housing or

26  donated to a local housing trust fund, sold with a restriction

27  that requires any development on the property to include a

28  specified percentage of permanently affordable housing, or

29  donated to a nonprofit housing organization for the

30  construction of permanently affordable housing.

31  

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 1         (2)  Upon completing an inventory list in compliance

 2  with this section, the governing body of the municipality

 3  shall hold at least two public hearings to discuss the

 4  inventory list and the recommendation of the staff concerning

 5  which properties are appropriate for use as affordable

 6  housing. The governing body shall comply with s.

 7  166.041(3)(c)2.a. regarding the advertisement of the public

 8  hearings and shall hold the first hearing no later than 30

 9  days after completing the inventory list. The governing body

10  shall approve the inventory list through the adoption of a

11  resolution at the second hearing no later than 6 months after

12  completing the inventory list.

13         (3)  After the inventory list has been approved by

14  resolution, the governing body of the municipality shall

15  immediately make available any real property that has been

16  identified in the inventory list as appropriate for use as

17  affordable housing. The municipality shall make the surplus

18  real property available to:

19         (a)  A private developer if the purchase price paid by

20  the developer is not less than the appraised value of the

21  property based on its highest and best use and the real

22  property is sold with deed restrictions that require a

23  specified percentage of any project developed on the real

24  property to provide affordable housing for low-income and

25  moderate-income persons, with a minimum of 10 percent of the

26  units in the project available for low-income persons and

27  another 10 percent of the units for moderate-income persons

28  for a total minimum of 20 percent, or, if providing rental

29  housing or a combination of rental housing and homeownership,

30  an additional 5 percent of the units for very-low-income

31  persons for a total minimum of 25 percent;

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 1         (b)  A private developer without any requirement that a

 2  percentage of the units built on the real property be

 3  affordable if the purchase price paid by the developer is not

 4  less than the appraised value of the property based on its

 5  highest and best use, in which case the municipality must use

 6  the funds received from the developer to acquire real property

 7  on which affordable housing will be built or donate the funds

 8  to a local housing trust fund for the purpose of implementing

 9  the programs described in ss. 420.907-420.9079; or

10         (c)  A nonprofit housing organization, such as a

11  community land trust, housing authority, or community

12  redevelopment agency to be used for the production and

13  preservation of permanently affordable housing.

14         (4)  The deed restrictions required under paragraph

15  (3)(a) for an affordable housing unit must also prohibit the

16  unit from being sold at a price that exceeds the threshold for

17  housing that is affordable for low-income or moderate-income

18  persons or to a buyer who is not eligible due to his or her

19  income under chapter 420. The deed restrictions may allow the

20  affordable housing units created under paragraph (3)(a) to be

21  rented to extremely-low-income, very-low-income, low-income,

22  or moderate-income persons.

23         (5)  For purposes of this section, the terms

24  "affordable," "extremely-low-income persons," "low-income

25  persons," "moderate-income persons," and "very-low-income

26  persons" have the same meaning as in s. 420.0004.

27         Section 4.  The Legislature finds that providing

28  affordable housing is vitally important to the health, safety,

29  and welfare of the residents of this state. Furthermore, the

30  Legislature finds that escalating property values and

31  development costs have contributed to the inadequate supply of

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 1  housing for low- and moderate-income residents of this state.

 2  The Legislature further finds that there is a shortage of

 3  sites available for housing for persons and families with low

 4  and moderate incomes and that surplus government land, when

 5  appropriate, should be made available for that purpose.

 6  Therefore, the Legislature determines and declares that this

 7  act fulfills an important state interest.

 8         Section 5.  Subsection (6) is added to section

 9  189.4155, Florida Statutes, to read:

10         189.4155  Activities of special districts; local

11  government comprehensive planning.--

12         (6)  Any independent district created under a special

13  act or general law, including, but not limited to, chapter

14  189, chapter 190, chapter 191, or chapter 298, for the purpose

15  of providing urban infrastructure of services may provide

16  housing and housing assistance for its employed personnel

17  eligible under s. 420.0004.

18         Section 6.  Subsection (19) is added to section

19  191.006, Florida Statutes, to read:

20         191.006  General powers.--The district shall have, and

21  the board may exercise by majority vote, the following powers:

22         (19)  To provide housing or housing assistance for its

23  employed personnel eligible under s. 420.0004.

24         Section 7.  Paragraph (b) of subsection (2) and

25  subsection (4) of section 197.252, Florida Statutes, are

26  amended to read:

27         197.252  Homestead tax deferral.--

28         (2)

29         (b)  If In the event the applicant is entitled to claim

30  the increased exemption by reason of age and residency as

31  provided in s. 196.031(3)(a), approval of the such application

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 1  shall defer that portion of the such ad valorem taxes plus

 2  non-ad valorem assessments which exceeds 3 percent of the

 3  applicant's household household's income for the prior

 4  calendar year.  If any such applicant's household income for

 5  the prior calendar year is less than $10,000, or is less than

 6  the amount of the household income designated for the

 7  additional homestead exemption pursuant to s. 196.075, and the

 8  $12,000 if such applicant is 65 70 years of age or older,

 9  approval of the such application shall defer the such ad

10  valorem taxes plus non-ad valorem assessments in their

11  entirety.

12         (4)  The amount of taxes, non-ad valorem assessments,

13  and interest deferred under pursuant to this act shall accrue

14  interest at a rate equal to the semiannually compounded rate

15  of one-half of 1 percent plus the average yield to maturity of

16  the long-term fixed-income portion of the Florida Retirement

17  System investments as of the end of the quarter preceding the

18  date of the sale of the deferred payment tax certificates;

19  however, the interest rate may not exceed 7 9.5 percent.

20         Section 8.  Paragraphs (b) and (d) of subsection (1)

21  and subsection (11) of section 201.15, Florida Statutes, are

22  amended to read:

23         201.15  Distribution of taxes collected.--All taxes

24  collected under this chapter shall be distributed as follows

25  and shall be subject to the service charge imposed in s.

26  215.20(1), except that such service charge shall not be levied

27  against any portion of taxes pledged to debt service on bonds

28  to the extent that the amount of the service charge is

29  required to pay any amounts relating to the bonds:

30  

31  

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 1         (1)  Sixty-two and sixty-three hundredths percent of

 2  the remaining taxes collected under this chapter shall be used

 3  for the following purposes:

 4         (b)  Moneys The remainder of the moneys distributed

 5  under this subsection, after the required payment under

 6  paragraph (a), shall be paid into the State Treasury to the

 7  credit of the Save Our Everglades Trust Fund in amounts

 8  necessary to pay debt service, provide reserves, and pay

 9  rebate obligations and other amounts due with respect to bonds

10  issued under s. 215.619. Taxes distributable under paragraph

11  (a) and this paragraph must be collectively disbributed on a

12  pro rata basis when the available moneys under this subsection

13  are not sufficient to cover the amounts required under

14  paragraph (a) and this paragraph.

15         (d)  The remainder of the moneys distributed under this

16  subsection, after the required payments under paragraphs (a),

17  (b), and (c), shall be paid into the State Treasury to the

18  credit of:

19         1.  The State Transportation Trust Fund in the

20  Department of Transportation in the amount of $541.75 million

21  in each fiscal year, to be paid in quarterly installments and

22  used for the following specified purposes, notwithstanding any

23  other law to the contrary:

24         a.  For the purposes of capital funding for the New

25  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

26  and specified in s. 341.051, 10 percent of these funds;

27         b.  For the purposes of the Small County Outreach

28  Program specified in s. 339.2818, 5 percent of these funds;

29         c.  For the purposes of the Strategic Intermodal System

30  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

31  percent of these funds after allocating for the New Starts

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 1  Transit Program described in sub-subparagraph a. and the Small

 2  County Outreach Program described in sub-subparagraph b.; and

 3         d.  For the purposes of the Transportation Regional

 4  Incentive Program specified in s. 339.2819, 25 percent of

 5  these funds after allocating for the New Starts Transit

 6  Program described in sub-subparagraph a. and the Small County

 7  Outreach Program described in sub-subparagraph b.

 8         2.  The Water Protection and Sustainability Program

 9  Trust Fund in the Department of Environmental Protection in

10  the amount of $100 million in each fiscal year, to be paid in

11  quarterly installments and used as required by s. 403.890.

12         3.  The Public Education Capital Outlay and Debt

13  Service Trust Fund in the Department of Education in the

14  amount of $105 million in each fiscal year, to be paid in

15  monthly installments with $75 million used to fund the

16  Classrooms for Kids Program created in s. 1013.735, and $30

17  million to be used to fund the High Growth County District

18  Capital Outlay Assistance Grant Program created in s.

19  1013.738. If required, new facilities constructed under the

20  Classrooms for Kids Program must meet the requirements of s.

21  1013.372.

22         4.  The Grants and Donations Trust Fund in the

23  Department of Community Affairs in the amount of $3.25 million

24  in each fiscal year to be paid in monthly installments, with

25  $3 million to be used to fund technical assistance to local

26  governments and school boards on the requirements and

27  implementation of this act and $250,000 to be used to fund the

28  Century Commission for a Sustainable Florida established in s.

29  163.3247.

30  

31  

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 1  Moneys distributed pursuant to this paragraph may not be

 2  pledged for debt service unless such pledge is approved by

 3  referendum of the voters.

 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         Section 9.  Effective July 1, 2007, subsections (1) and

16  (11) of section 201.15, Florida Statutes, as amended by

17  section 1 of chapter 2005-92, Laws of Florida, are amended to

18  read:

19         201.15  Distribution of taxes collected.--All taxes

20  collected under this chapter shall be distributed as follows

21  and shall be subject to the service charge imposed in s.

22  215.20(1), except that such service charge shall not be levied

23  against any portion of taxes pledged to debt service on bonds

24  to the extent that the amount of the service charge is

25  required to pay any amounts relating to the bonds:

26         (1)  Sixty-two and sixty-three hundredths percent of

27  the remaining taxes collected under this chapter shall be used

28  for the following purposes:

29         (a)  Amounts as shall be necessary to pay the debt

30  service on, or fund debt service reserve funds, rebate

31  obligations, or other amounts payable with respect to

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 1  Preservation 2000 bonds issued pursuant to s. 375.051 and

 2  Florida Forever bonds issued pursuant to s. 215.618, shall be

 3  paid into the State Treasury to the credit of the Land

 4  Acquisition Trust Fund to be used for such purposes. The

 5  amount transferred to the Land Acquisition Trust Fund for such

 6  purposes shall not exceed $300 million in fiscal year

 7  1999-2000 and thereafter for Preservation 2000 bonds and bonds

 8  issued to refund Preservation 2000 bonds, and $300 million in

 9  fiscal year 2000-2001 and thereafter for Florida Forever

10  bonds. The annual amount transferred to the Land Acquisition

11  Trust Fund for Florida Forever bonds shall not exceed $30

12  million in the first fiscal year in which bonds are issued.

13  The limitation on the amount transferred shall be increased by

14  an additional $30 million in each subsequent fiscal year, but

15  shall not exceed a total of $300 million in any fiscal year

16  for all bonds issued. It is the intent of the Legislature that

17  all bonds issued to fund the Florida Forever Act be retired by

18  December 31, 2030. Except for bonds issued to refund

19  previously issued bonds, no series of bonds may be issued

20  pursuant to this paragraph unless such bonds are approved and

21  the debt service for the remainder of the fiscal year in which

22  the bonds are issued is specifically appropriated in the

23  General Appropriations Act. For purposes of refunding

24  Preservation 2000 bonds, amounts designated within this

25  section for Preservation 2000 and Florida Forever bonds may be

26  transferred between the two programs to the extent provided

27  for in the documents authorizing the issuance of the bonds.

28  The Preservation 2000 bonds and Florida Forever bonds shall be

29  equally and ratably secured by moneys distributable to the

30  Land Acquisition Trust Fund pursuant to this section, except

31  to the extent specifically provided otherwise by the documents

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 1  authorizing the issuance of the bonds. No moneys transferred

 2  to the Land Acquisition Trust Fund pursuant to this paragraph,

 3  or earnings thereon, shall be used or made available to pay

 4  debt service on the Save Our Coast revenue bonds.

 5         (b)  Moneys The remainder of the moneys distributed

 6  under this subsection, after the required payment under

 7  paragraph (a), shall be paid into the State Treasury to the

 8  credit of the Save Our Everglades Trust Fund in amounts

 9  necessary to pay debt service, provide reserves, and pay

10  rebate obligations and other amounts due with respect to bonds

11  issued under s. 215.619. Taxes distributable under paragraph

12  (a) and this paragraph must be collectively disbributed on a

13  pro rata basis when the available moneys under this subsection

14  are not sufficient to cover the amounts required under

15  paragraph (a) and this paragraph.

16         (c)  The remainder of the moneys distributed under this

17  subsection, after the required payments under paragraphs (a)

18  and (b), shall be paid into the State Treasury to the credit

19  of the Land Acquisition Trust Fund and may be used for any

20  purpose for which funds deposited in the Land Acquisition

21  Trust Fund may lawfully be used. Payments made under this

22  paragraph shall continue until the cumulative amount credited

23  to the Land Acquisition Trust Fund for the fiscal year under

24  this paragraph and paragraph (2)(b) equals 70 percent of the

25  current official forecast for distributions of taxes collected

26  under this chapter pursuant to subsection (2). As used in this

27  paragraph, the term "current official forecast" means the most

28  recent forecast as determined by the Revenue Estimating

29  Conference. If the current official forecast for a fiscal year

30  changes after payments under this paragraph have ended during

31  

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 1  that fiscal year, no further payments are required under this

 2  paragraph during the fiscal year.

 3         (d)  The remainder of the moneys distributed under this

 4  subsection, after the required payments under paragraphs (a),

 5  (b), and (c), shall be paid into the State Treasury to the

 6  credit of:

 7         1.  The State Transportation Trust Fund in the

 8  Department of Transportation in the amount of $541.75 million

 9  in each fiscal year, to be paid in quarterly installments and

10  used for the following specified purposes, notwithstanding any

11  other law to the contrary:

12         a.  For the purposes of capital funding for the New

13  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

14  and specified in s. 341.051, 10 percent of these funds;

15         b.  For the purposes of the Small County Outreach

16  Program specified in s. 339.2818, 5 percent of these funds;

17         c.  For the purposes of the Strategic Intermodal System

18  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

19  percent of these funds after allocating for the New Starts

20  Transit Program described in sub-subparagraph a. and the Small

21  County Outreach Program described in sub-subparagraph b.; and

22         d.  For the purposes of the Transportation Regional

23  Incentive Program specified in s. 339.2819, 25 percent of

24  these funds after allocating for the New Starts Transit

25  Program described in sub-subparagraph a. and the Small County

26  Outreach Program described in sub-subparagraph b.

27         2.  The Water Protection and Sustainability Program

28  Trust Fund in the Department of Environmental Protection in

29  the amount of $100 million in each fiscal year, to be paid in

30  quarterly installments and used as required by s. 403.890.

31  

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 1         3.  The Public Education Capital Outlay and Debt

 2  Service Trust Fund in the Department of Education in the

 3  amount of $105 million in each fiscal year, to be paid in

 4  monthly installments with $75 million used to fund the

 5  Classrooms for Kids Program created in s. 1013.735, and $30

 6  million to be used to fund the High Growth County District

 7  Capital Outlay Assistance Grant Program created in s.

 8  1013.738. If required, new facilities constructed under the

 9  Classrooms for Kids Program must meet the requirements of s.

10  1013.372.

11         4.  The Grants and Donations Trust Fund in the

12  Department of Community Affairs in the amount of $3.25 million

13  in each fiscal year to be paid in monthly installments, with

14  $3 million to be used to fund technical assistance to local

15  governments and school boards on the requirements and

16  implementation of this act and $250,000 to be used to fund the

17  Century Commission for a Sustainable Florida established in s.

18  163.3247.

19  

20  Moneys distributed pursuant to this paragraph may not be

21  pledged for debt service unless such pledge is approved by

22  referendum of the voters.

23         (e)  The remainder of the moneys distributed under this

24  subsection, after the required payments under paragraphs (a),

25  (b), (c), and (d), shall be paid into the State Treasury to

26  the credit of the General Revenue Fund of the state to be used

27  and expended for the purposes for which the General Revenue

28  Fund was created and exists by law or to the Ecosystem

29  Management and Restoration Trust Fund or to the Marine

30  Resources Conservation Trust Fund as provided in subsection

31  (11).

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 1         (11)  From the moneys specified in paragraphs (1)(e)

 2  (1)(d) and (2)(a) and prior to deposit of any moneys into the

 3  General Revenue Fund, $30 million shall be paid into the State

 4  Treasury to the credit of the Ecosystem Management and

 5  Restoration Trust Fund in fiscal year 2000-2001 and each

 6  fiscal year thereafter, to be used for the preservation and

 7  repair of the state's beaches as provided in ss.

 8  161.091-161.212, and $2 million shall be paid into the State

 9  Treasury to the credit of the Marine Resources Conservation

10  Trust Fund to be used for marine mammal care as provided in s.

11  370.0603(3).

12         Section 10.  Subsection (3) of section 215.619, Florida

13  Statutes, is amended to read:

14         215.619  Bonds for Everglades restoration.--

15         (3)  Everglades restoration bonds are payable from, and

16  secured by a first lien on, taxes distributable under s.

17  201.15(1)(b) and do not constitute a general obligation of, or

18  a pledge of the full faith and credit of, the state.

19  Everglades restoration bonds are secured on a parity basis

20  with bonds secured by moneys distributable under s.

21  201.15(1)(a) junior and subordinate to bonds secured by moneys

22  distributable under s. 201.15(1)(a).

23         Section 11.  Paragraph (f) of subsection (6) of section

24  253.034, Florida Statutes, is amended to read:

25         253.034  State-owned lands; uses.--

26         (6)  The Board of Trustees of the Internal Improvement

27  Trust Fund shall determine which lands, the title to which is

28  vested in the board, may be surplused. For conservation lands,

29  the board shall make a determination that the lands are no

30  longer needed for conservation purposes and may dispose of

31  them by an affirmative vote of at least three members. In the

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 1  case of a land exchange involving the disposition of

 2  conservation lands, the board must determine by an affirmative

 3  vote of at least three members that the exchange will result

 4  in a net positive conservation benefit. For all other lands,

 5  the board shall make a determination that the lands are no

 6  longer needed and may dispose of them by an affirmative vote

 7  of at least three members.

 8         (f)1.  In reviewing lands owned by the board, the

 9  council shall consider whether such lands would be more

10  appropriately owned or managed by the county or other unit of

11  local government in which the land is located. A local

12  government may request that state lands be specifically

13  declared to be surplus lands for the purpose of providing

14  affordable housing. The council shall recommend to the board

15  whether a sale, lease, or other conveyance to a local

16  government would be in the best interests of the state and

17  local government. The provisions of this paragraph in no way

18  limit the provisions of ss. 253.111 and 253.115. Such lands

19  shall be offered to the state, county, or local government for

20  a period of 30 days. Permittable uses for such surplus lands

21  may include public schools; public libraries; fire or law

22  enforcement substations; and governmental, judicial, or

23  recreational centers; and affordable housing. County or local

24  government requests for surplus lands shall be expedited

25  throughout the surplusing process. Surplus lands that are

26  conveyed to a local government for affordable housing shall be

27  disposed of under the provisions of s. 125.379 or s. 166.0451.

28  If the county or local government does not elect to purchase

29  such lands in accordance with s. 253.111, then any surplusing

30  determination involving other governmental agencies shall be

31  made upon the board deciding the best public use of the lands.

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 1  Surplus properties in which governmental agencies have

 2  expressed no interest shall then be available for sale on the

 3  private market.

 4         2.  Notwithstanding subparagraph 1., any surplus lands

 5  that were acquired by the state prior to 1958 by a gift or

 6  other conveyance for no consideration from a municipality, and

 7  which the department has filed by July 1, 2006, a notice of

 8  its intent to surplus, shall be first offered for reconveyance

 9  to such municipality at no cost, but for the fair market value

10  of any building or other improvements to the land, unless

11  otherwise provided in a deed restriction of record. This

12  subparagraph expires July 1, 2006.

13         Section 12.  Section 295.16, Florida Statutes, is

14  amended to read:

15         295.16  Disabled veterans exempt from certain license

16  or permit fee.--No totally and permanently disabled veteran

17  who is a resident of Florida and honorably discharged from the

18  Armed Forces, who has been issued a valid identification card

19  by the Department of Veterans' Affairs in accordance with s.

20  295.17 or has been determined by the United States Department

21  of Veterans Affairs or its predecessor to have a

22  service-connected 100-percent disability rating for

23  compensation, or who has been determined to have a

24  service-connected disability rating of 100 percent and is in

25  receipt of disability retirement pay from any branch of the

26  uniformed armed services, shall be required to pay any license

27  or permit fee, by whatever name known, to any county or

28  municipality in order to make improvements upon a dwelling

29  mobile home owned by the veteran which is used as the

30  veteran's residence, provided such improvements are limited to

31  ramps, widening of doors, and similar improvements for the

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 1  purpose of making the dwelling mobile home habitable for

 2  veterans confined to wheelchairs.

 3         Section 13.  Paragraph (b) of subsection (19) of

 4  section 380.06, Florida Statutes, is amended, and paragraph

 5  (i) is added to that subsection, to read:

 6         380.06  Developments of regional impact.--

 7         (19)  SUBSTANTIAL DEVIATIONS.--

 8         (b)  Any proposed change to a previously approved

 9  development of regional impact or development order condition

10  which, either individually or cumulatively with other changes,

11  exceeds any of the following criteria shall constitute a

12  substantial deviation and shall cause the development to be

13  subject to further development-of-regional-impact review

14  without the necessity for a finding of same by the local

15  government:

16         1.  An increase in the number of parking spaces at an

17  attraction or recreational facility by 5 percent or 300

18  spaces, whichever is greater, or an increase in the number of

19  spectators that may be accommodated at such a facility by 5

20  percent or 1,000 spectators, whichever is greater.

21         2.  A new runway, a new terminal facility, a 25-percent

22  lengthening of an existing runway, or a 25-percent increase in

23  the number of gates of an existing terminal, but only if the

24  increase adds at least three additional gates.

25         3.  An increase in the number of hospital beds by 5

26  percent or 60 beds, whichever is greater.

27         4.  An increase in industrial development area by 5

28  percent or 32 acres, whichever is greater.

29         5.  An increase in the average annual acreage mined by

30  5 percent or 10 acres, whichever is greater, or an increase in

31  the average daily water consumption by a mining operation by 5

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 1  percent or 300,000 gallons, whichever is greater. An increase

 2  in the size of the mine by 5 percent or 750 acres, whichever

 3  is less. An increase in the size of a heavy mineral mine as

 4  defined in s. 378.403(7) will only constitute a substantial

 5  deviation if the average annual acreage mined is more than 500

 6  acres and consumes more than 3 million gallons of water per

 7  day.

 8         6.  An increase in land area for office development by

 9  5 percent or an increase of gross floor area of office

10  development by 5 percent or 60,000 gross square feet,

11  whichever is greater.

12         7.  An increase in the storage capacity for chemical or

13  petroleum storage facilities by 5 percent, 20,000 barrels, or

14  7 million pounds, whichever is greater.

15         8.  An increase of development at a waterport of wet

16  storage for 20 watercraft, dry storage for 30 watercraft, or

17  wet/dry storage for 60 watercraft in an area identified in the

18  state marina siting plan as an appropriate site for additional

19  waterport development or a 5-percent increase in watercraft

20  storage capacity, whichever is greater.

21         9.  An increase in the number of dwelling units by 5

22  percent or 50 dwelling units, whichever is greater.

23         10.  An increase in commercial development by 50,000

24  square feet of gross floor area or of parking spaces provided

25  for customers for 300 cars or a 5-percent increase of either

26  of these, whichever is greater.

27         11.  An increase in hotel or motel facility units by 5

28  percent or 75 units, whichever is greater.

29         12.  An increase in a recreational vehicle park area by

30  5 percent or 100 vehicle spaces, whichever is less.

31  

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 1         13.  A decrease in the area set aside for open space of

 2  5 percent or 20 acres, whichever is less.

 3         14.  A proposed increase to an approved multiuse

 4  development of regional impact where the sum of the increases

 5  of each land use as a percentage of the applicable substantial

 6  deviation criteria is equal to or exceeds 100 percent. The

 7  percentage of any decrease in the amount of open space shall

 8  be treated as an increase for purposes of determining when 100

 9  percent has been reached or exceeded.

10         15.  A 15-percent increase in the number of external

11  vehicle trips generated by the development above that which

12  was projected during the original

13  development-of-regional-impact review.

14         16.  Any change which would result in development of

15  any area which was specifically set aside in the application

16  for development approval or in the development order for

17  preservation or special protection of endangered or threatened

18  plants or animals designated as endangered, threatened, or

19  species of special concern and their habitat, primary dunes,

20  or archaeological and historical sites designated as

21  significant by the Division of Historical Resources of the

22  Department of State. The further refinement of such areas by

23  survey shall be considered under sub-subparagraph (e)5.b.

24         17.a.  An increase in the number of dwelling units by

25  50 percent or 200 units, whichever is greater, if 15 percent

26  of the proposed additional dwelling units are dedicated to

27  affordable workforce housing and subject to a recorded land

28  use restriction that is in effect for a period of not less

29  than 20 years. The recorded land use restriction must include

30  resale provisions to ensure long-term affordability for

31  income-eligible homeowners and renters and provisions for the

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 1  workforce housing to be initiated before completing 50 percent

 2  of the market-rate dwellings.

 3         b.  For purposes of this subparagraph, the term

 4  "affordable workforce housing" means housing that is

 5  affordable to a person who earns less than 120 percent of the

 6  area median income, or less than 140 percent of the area

 7  median income if located in a county in which the median

 8  purchase price for a single-family existing home exceeds the

 9  statewide median purchase price of a single-family existing

10  home, and the term "statewide median purchase price of a

11  single-family existing home" means the statewide purchase

12  price as determined in the Florida Sales Report, Single-Family

13  Existing Homes, released each January by the Florida

14  Association of Realtors and the University of Florida Real

15  Estate Research Center.

16  

17  The substantial deviation numerical standards in subparagraphs

18  4., 6., 10., 14., excluding residential uses, and 15., are

19  increased by 100 percent for a project certified under s.

20  403.973 which creates jobs and meets criteria established by

21  the Office of Tourism, Trade, and Economic Development as to

22  its impact on an area's economy, employment, and prevailing

23  wage and skill levels. The substantial deviation numerical

24  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

25  increased by 50 percent for a project located wholly within an

26  urban infill and redevelopment area designated on the

27  applicable adopted local comprehensive plan future land use

28  map and not located within the coastal high hazard area.

29         (i)1.  An increase in the number of residential

30  dwelling units by 200 does not constitute a substantial

31  deviation and is not subject to development-of-regional-impact

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 1  review for additional impacts if all of the residential

 2  dwelling units are dedicated to affordable workforce housing

 3  and subject to a recorded land use restriction that is in

 4  effect for a period of not less than 20 years. The recorded

 5  land use restriction must include resale provisions to ensure

 6  long-term affordability for income-eligible homeowners and

 7  renters.

 8         2.  For purposes of this subparagraph, the term

 9  "affordable workforce housing" means housing that is

10  affordable to a person who earns less than 120 percent of the

11  area median income, or less than 140 percent of the area

12  median income if located in a county in which the median

13  purchase price for a single-family existing home exceeds the

14  statewide median purchase price of a single-family existing

15  home, and the term "statewide median purchase price of a

16  single-family existing home" means the statewide purchase

17  price as determined in the Florida Sales Report, Single-Family

18  Existing Homes, released each January by the Florida

19  Association of Realtors and the University of Florida Real

20  Estate Research Center.

21         Section 14.  Present paragraph (k) of subsection (3) of

22  section 380.0651, Florida Statutes, is redesignated as

23  paragraph (l), and a new paragraph (k) is added to that

24  subsection, to read:

25         380.0651  Statewide guidelines and standards.--

26         (3)  The following statewide guidelines and standards

27  shall be applied in the manner described in s. 380.06(2) to

28  determine whether the following developments shall be required

29  to undergo development-of-regional-impact review:

30         (k)1.  Workforce housing.--The applicable guidelines

31  for residential development and the residential component for

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 1  multiuse development shall be increased by 50 percent when a

 2  developer demonstrates that at least 15 percent of the total

 3  residential dwelling units authorized within the development

 4  of regional impact will be dedicated to affordable workforce

 5  housing that is subject to a recorded land use restriction

 6  that is in effect for a period of not less than 20 years. The

 7  recorded land use restriction must include resale provisions

 8  to ensure long-term affordability for income-eligible

 9  homeowners and renters and provisions that the workforce

10  housing must be initiated before completing 50 percent of the

11  market-rate dwelling.

12         2.  For purposes of this paragraph, the term

13  "affordable workforce housing" means housing that is

14  affordable to a person who earns less than 120 percent of the

15  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 for a single-family existing home exceeds the

18  statewide median purchase price of a single-family existing

19  home, and the term "statewide median purchase price of a

20  single-family existing home" means the statewide purchase

21  price as determined in the Florida Sales Report, Single-Family

22  Existing Homes, released each January by the Florida

23  Association of Realtors and the University of Florida Real

24  Estate Research Center.

25         Section 15.  Section 420.0004, Florida Statutes, is

26  amended to read:

27         420.0004  Definitions.--As used in this part, unless

28  the context otherwise indicates:

29         (1)  "Adjusted for family size" means adjusted in a

30  manner which results in an income eligibility level which is

31  lower for households with fewer than four people, or higher

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 1  for households with more than four people, than the base

 2  income eligibility determined as provided in subsection (9),

 3  subsection (10), subsection (11), or subsection (15) (14),

 4  based upon a formula as established by the United States

 5  Department of Housing and Urban Development.

 6         (2)  "Adjusted gross income" means all wages, assets,

 7  regular cash or noncash contributions or gifts from persons

 8  outside the household, and such other resources and benefits

 9  as may be determined to be income by the United States

10  Department of Housing and Urban Development, adjusted for

11  family size, less deductions allowable under s. 62 of the

12  Internal Revenue Code.

13         (3)  "Affordable" means that monthly rents or monthly

14  mortgage payments including taxes, insurance, and utilities do

15  not exceed 30 percent of that amount which represents the

16  percentage of the median adjusted gross annual income for the

17  households as indicated in subsection (9), subsection (10),

18  subsection (11), or subsection (15) (14).

19         (4)  "Corporation" means the Florida Housing Finance

20  Corporation.

21         (5)  "Community-based organization" or "nonprofit

22  organization" means a private corporation organized under

23  chapter 617 to assist in the provision of housing and related

24  services on a not-for-profit basis and which is acceptable to

25  federal and state agencies and financial institutions as a

26  sponsor of low-income housing.

27         (6)  "Department" means the Department of Community

28  Affairs.

29         (7)  "Elderly" describes persons 62 years of age or

30  older.

31  

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 1         (8)  "Local public body" means any county,

 2  municipality, or other political subdivision, or any housing

 3  authority as provided by chapter 421, which is eligible to

 4  sponsor or develop housing for farmworkers and very-low-income

 5  and low-income persons within its jurisdiction.

 6         (9)  "Extremely-low-income persons" means one or more

 7  natural persons or a family whose total annual household

 8  income does not exceed 30 percent of the median annual

 9  adjusted gross income for households within the state. The

10  Florida Housing Finance Corporation may adjust this amount

11  annually by rule to provide that in lower-income counties,

12  extremely low income may exceed 30 percent of the median

13  income for the area, and that in higher-income counties,

14  extremely low income may be less than 30 percent of the area

15  median income.

16         (10)(9)  "Low-income persons" means one or more natural

17  persons or a family, the total annual adjusted gross household

18  income of which does not exceed 80 percent of the median

19  annual adjusted gross income for households within the state,

20  or 80 percent of the median annual adjusted gross income for

21  households within the metropolitan statistical area (MSA) or,

22  if not within an MSA, within the county in which the person or

23  family resides, whichever is greater.

24         (11)(10)  "Moderate-income persons" means one or more

25  natural persons or a family, the total annual adjusted gross

26  household income of which is less than 120 percent of the

27  median annual adjusted gross income for households within the

28  state, or 120 percent of the median annual adjusted gross

29  income for households within the metropolitan statistical area

30  (MSA) or, if not within an MSA, within the county in which the

31  person or family resides, whichever is greater.

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 1         (12)(11)  "Student" means any person not living with

 2  his or her parent or guardian who is eligible to be claimed by

 3  his or her parent or guardian as a dependent under the federal

 4  income tax code and who is enrolled on at least a half-time

 5  basis in a secondary school, career center, community college,

 6  college, or university.

 7         (13)(12)  "Substandard" means:

 8         (a)  Any unit lacking complete plumbing or sanitary

 9  facilities for the exclusive use of the occupants;

10         (b)  A unit which is in violation of one or more major

11  sections of an applicable housing code and where such

12  violation poses a serious threat to the health of the

13  occupant; or

14         (c)  A unit that has been declared unfit for human

15  habitation but that could be rehabilitated for less than 50

16  percent of the property value.

17         (14)(13)  "Substantial rehabilitation" means repair or

18  restoration of a dwelling unit where the value of such repair

19  or restoration exceeds 40 percent of the value of the

20  dwelling.

21         (15)(14)  "Very-low-income persons" means one or more

22  natural persons or a family, not including students, the total

23  annual adjusted gross household income of which does not

24  exceed 50 percent of the median annual adjusted gross income

25  for households within the state, or 50 percent of the median

26  annual adjusted gross income for households within the

27  metropolitan statistical area (MSA) or, if not within an MSA,

28  within the county in which the person or family resides,

29  whichever is greater.

30         Section 16.  Subsection (18) of section 420.503,

31  Florida Statutes, is amended to read:

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 1         420.503  Definitions.--As used in this part, the term:

 2         (18)(a)  "Farmworker" means a laborer who is employed

 3  on a seasonal, temporary, or permanent basis in the planting,

 4  cultivating, harvesting, or processing of agricultural or

 5  aquacultural products and who derived at least 50 percent of

 6  her or his income in the immediately preceding 12 months from

 7  such employment.

 8         (b)  "Farmworker" also includes a person who has

 9  retired as a laborer due to age, disability, or illness.  In

10  order to be considered retired as a farmworker due to age

11  under this part, a person must be 50 years of age or older and

12  must have been employed for a minimum of 5 years as a

13  farmworker before retirement.  In order to be considered

14  retired as a farmworker due to disability or illness, a person

15  must:

16         1.(a)  Establish medically that she or he is unable to

17  be employed as a farmworker due to that disability or illness.

18         2.(b)  Establish that she or he was previously employed

19  as a farmworker.

20         (c)  Notwithstanding paragraphs (a) and (b), when

21  corporation-administered funds are used in conjunction with

22  funds provided by the United States Department of Agriculture

23  Rural Development, the term "farmworker" may mean a laborer

24  who meets, at a minimum, the definition of "domestic farm

25  laborer" as defined in 7 C.F.R. s. 3560.11, as amended. The

26  corporation may establish additional criteria by rule.

27         Section 17.  Subsection (22), paragraph (a) of

28  subsection (23), and subsection (40) of section 420.507,

29  Florida Statutes, are amended, and subsections (44) and (45)

30  are added to that section, to read:

31  

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 1         420.507  Powers of the corporation.--The corporation

 2  shall have all the powers necessary or convenient to carry out

 3  and effectuate the purposes and provisions of this part,

 4  including the following powers which are in addition to all

 5  other powers granted by other provisions of this part:

 6         (22)  To develop and administer the State Apartment

 7  Incentive Loan Program. In developing and administering that

 8  program, the corporation may:

 9         (a)  Make first, second, and other subordinated

10  mortgage loans including variable or fixed rate loans subject

11  to contingent interest for all State Apartment Incentive Loans

12  provided for in this chapter based upon available cash flow of

13  the projects.  The corporation shall make loans exceeding 25

14  percent of project cost available only to nonprofit

15  organizations and public bodies which are able to secure

16  grants, donations of land, or contributions from other sources

17  and to projects meeting the criteria of subparagraph 1.

18  Mortgage loans shall be made available at the following rates

19  of interest:

20         1.  Zero to 3 percent interest for sponsors of projects

21  that set aside at least maintain an 80 percent occupancy of

22  their total units for residents qualifying as farmworkers as

23  defined in this part s. 420.503(18), commercial fishing

24  workers as defined in this part s. 420.503(5), or the homeless

25  as defined in s. 420.621(4) over the life of the loan.

26         2.  The board may set the interest rate based on the

27  pro rata share of units set aside for homeless residents if

28  the total share of the units is less than 80 percent of the

29  units in the borrower's project.

30  

31  

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 1         3.2.  One Three to 9 percent interest for sponsors of

 2  projects targeted at populations other than farmworkers,

 3  commercial fishing workers, and the homeless.

 4         (b)  Make loans exceeding 25 percent of project costs

 5  if the project serves extremely-low-income persons.

 6         (c)  Waive payments or forgive indebtedness for a pro

 7  rata share of the loan based on the number of units in a

 8  project reserved for extremely-low-income persons.

 9         (d)(b)  Geographically and demographically target the

10  utilization of loans.

11         (e)(c)  Underwrite credit, and reject projects which do

12  not meet the established standards of the corporation.

13         (f)(d)  Negotiate with governing bodies within the

14  state after a loan has been awarded to obtain local government

15  contributions.

16         (g)(e)  Inspect any records of a sponsor at any time

17  during the life of the loan or the agreed period for

18  maintaining the provisions of s. 420.5087.

19         (h)(f)  Establish, by rule, the procedure for

20  evaluating, scoring, and competitively ranking all

21  applications based on the criteria set forth in s.

22  420.5087(6)(c); determining actual loan amounts; making and

23  servicing loans; and exercising the powers authorized in this

24  subsection.

25         (i)(g)  Establish a loan loss insurance reserve to be

26  used to protect the outstanding program investment in case of

27  a default, deed in lieu of foreclosure, or foreclosure of a

28  program loan.

29         (23)  To develop and administer the Florida

30  Homeownership Assistance Program.  In developing and

31  administering the program, the corporation may:

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 1         (a)1.  Make subordinated loans to eligible borrowers

 2  for down payments or closing costs related to the purchase of

 3  the borrower's primary residence.

 4         2.  Make permanent loans to eligible borrowers related

 5  to the purchase of the borrower's primary residence.

 6         3.  Make subordinated loans to nonprofit sponsors or

 7  developers of housing for purchase of property, for

 8  construction, or for financing of housing to be offered for

 9  sale to eligible borrowers as a primary residence at an

10  affordable price.

11         (40)  To establish subsidiary business entities

12  corporations for the purpose of taking title to and managing

13  and disposing of property acquired by the corporation. The

14  Such subsidiary business entities corporations shall be public

15  business entities corporations wholly owned by the

16  corporation; are shall be entitled to own, mortgage, and sell

17  property on the same basis as the corporation; and shall be

18  deemed business entities corporations primarily acting as

19  agents of the state, within the meaning of s. 768.28, on the

20  same basis as the corporation. Any subsidiary business entity

21  created by the corporation is shall be subject to chapters

22  119, 120, and 286 to the same extent as the corporation. The

23  subsidiary business entities may make rules necessary to

24  conduct business and carry out the purposes of this

25  subsection.

26         (44)  To adopt rules for the intervention, negotiation

27  of terms, and other actions necessary to further program goals

28  or avoid default of a program loan. The rules must consider

29  fiscal program goals and the preservation or advancement of

30  affordable housing for the state.

31  

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 1         (45)  To establish by rule requirements for periodic

 2  reporting of data. Each periodic report must include, but is

 3  not limited to, data relating to multifamily projects such as

 4  information concerning financing, housing market information,

 5  detailed economic analysis, and physical occupancy and

 6  demographic data concerning all housing types financed through

 7  corporation programs and for participation in a housing

 8  location system.

 9         Section 18.  Subsections (1), (3), and (5), and

10  paragraphs (a), (b), (c), (f), (g), (h), and (k) of subsection

11  (6) of section 420.5087, Florida Statutes, are amended to

12  read:

13         420.5087  State Apartment Incentive Loan

14  Program.--There is hereby created the State Apartment

15  Incentive Loan Program for the purpose of providing first,

16  second, or other subordinated mortgage loans or loan

17  guarantees to sponsors, including for-profit, nonprofit, and

18  public entities, to provide housing affordable to

19  very-low-income persons.

20         (1)  Program funds shall be distributed over successive

21  3-year periods in a manner that meets the need and demand for

22  very-low-income housing throughout the state.  That need and

23  demand must be determined by using the most recent statewide

24  low-income rental housing market studies available at the

25  beginning of each 3-year period.  However, at least 10 percent

26  of the program funds distributed during a 3-year period must

27  be allocated to each of the following categories of counties,

28  as determined by using the population statistics published in

29  the most recent edition of the Florida Statistical Abstract:

30         (a)  Counties that have a population of 825,000 or more

31  than 500,000 people;

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 1         (b)  Counties that have a population of more than

 2  between 100,000 but fewer than 825,000 and 500,000 people; and

 3         (c)  Counties that have a population of 100,000 or

 4  fewer less.

 5  

 6  Any increase in funding required to reach the 10-percent

 7  minimum shall be taken from the county category that has the

 8  largest allocation. The corporation shall adopt rules that

 9  which establish an equitable process for distributing any

10  portion of the 10 percent of program funds allocated to the

11  county categories specified in this subsection which remains

12  unallocated at the end of a 3-year period. Counties that have

13  a population of 100,000 or fewer less shall be given

14  preference under these rules.

15         (3)  During the first 6 months of loan or loan

16  guarantee availability, program funds shall be reserved for

17  use by sponsors who provide the housing set-aside required in

18  subsection (2) for the tenant groups designated in this

19  subsection. The reservation of funds to each of these groups

20  shall be determined using the most recent statewide

21  very-low-income rental housing market study available at the

22  time of publication of each notice of fund availability

23  required by paragraph (6)(b). The reservation of funds within

24  each notice of fund availability to the tenant groups in

25  paragraphs (a), (b), and (d) may not be less than 10 percent

26  of the funds available at that time. Any increase in funding

27  required to reach the 10-percent minimum shall be taken from

28  the tenant group that has the largest reservation. The

29  reservation of funds within each notice of fund availability

30  to the tenant group in paragraph (c) may not be less than 5

31  

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 1  percent of the funds available at that time. The tenant groups

 2  are:

 3         (a)  Commercial fishing workers and farmworkers;

 4         (b)  Families;

 5         (c)  Persons who are homeless; and

 6         (d)  Elderly persons. Ten percent of the amount

 7  reserved for the elderly shall be reserved to provide loans to

 8  sponsors of housing for the elderly for the purpose of making

 9  building preservation, health, or sanitation repairs or

10  improvements which are required by federal, state, or local

11  regulation or code, or lifesafety or security-related repairs

12  or improvements to such housing. Such a loan may not exceed

13  $750,000 per housing community for the elderly.  In order to

14  receive the loan, the sponsor of the housing community must

15  make a commitment to match at least 5 15 percent of the loan

16  amount to pay the cost of such repair or improvement. The

17  corporation shall establish the rate of interest on the loan,

18  which may not exceed 3 percent, and the term of the loan,

19  which may not exceed 15 years. However, if the lien of the

20  corporation's encumbrance is subordinate to the lien of

21  another mortgagee, the term may be made coterminous with the

22  longest term of the superior lien. The term of the loan shall

23  be established on the basis of a credit analysis of the

24  applicant. The corporation shall establish, by rule, the

25  procedure and criteria for receiving, evaluating, and

26  competitively ranking all applications for loans under this

27  paragraph.  A loan application must include evidence of the

28  first mortgagee's having reviewed and approved the sponsor's

29  intent to apply for a loan.  A nonprofit organization or

30  sponsor may not use the proceeds of the loan to pay for

31  

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 1  administrative costs, routine maintenance, or new

 2  construction.

 3         (5)  The amount of the mortgage provided under this

 4  program combined with any other mortgage in a superior

 5  position shall be less than the value of the project without

 6  the housing set-aside required by subsection (2). However, the

 7  corporation may waive this requirement for projects in rural

 8  areas or urban infill areas which have market rate rents that

 9  are less than the allowable rents pursuant to applicable state

10  and federal guidelines and for projects that reserve units for

11  extremely-low-income persons. A In no event shall the mortgage

12  provided under this program may not be combined with any other

13  mortgage in a superior position to exceed total project cost.

14         (6)  On all state apartment incentive loans, except

15  loans made to housing communities for the elderly to provide

16  for lifesafety, building preservation, health, sanitation, or

17  security-related repairs or improvements, the following

18  provisions shall apply:

19         (a)  The corporation shall establish two interest rates

20  in accordance with s. 420.507(22)(a)1. and 2.

21         (b)  The corporation shall publish a notice of fund

22  availability in a publication of general circulation

23  throughout the state. The Such notice shall be published at

24  least 60 days before prior to the application deadline and

25  shall provide notice of the temporary reservations of funds

26  established in subsection (3).

27         (c)  The corporation shall provide by rule for the

28  establishment of a review committee composed of the department

29  and corporation staff and shall establish by rule a scoring

30  system for evaluation and competitive ranking of applications

31  

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 1  submitted in this program, including, but not limited to, the

 2  following criteria:

 3         1.  Tenant income and demographic targeting objectives

 4  of the corporation.

 5         2.  Targeting objectives of the corporation which will

 6  ensure an equitable distribution of loans between rural and

 7  urban areas.

 8         3.  Sponsor's agreement to reserve the units for

 9  persons or families who have incomes below 50 percent of the

10  state or local median income, whichever is higher, for a time

11  period to exceed the minimum required by federal law or the

12  provisions of this part.

13         4.  Sponsor's agreement to reserve more than:

14         a.  Twenty percent of the units in the project for

15  persons or families who have incomes that do not exceed 50

16  percent of the state or local median income, whichever is

17  higher; or

18         b.  Forty percent of the units in the project for

19  persons or families who have incomes that do not exceed 60

20  percent of the state or local median income, whichever is

21  higher, without requiring a greater amount of the loans as

22  provided in this section.

23         5.  Provision for tenant counseling.

24         6.  Sponsor's agreement to accept rental assistance

25  certificates or vouchers as payment for rent; however, when

26  certificates or vouchers are accepted as payment for rent on

27  units set aside pursuant to subsection (2), the benefit must

28  be divided between the corporation and the sponsor, as

29  provided by corporation rule.

30         7.  Projects requiring the least amount of a state

31  apartment incentive loan compared to overall project cost,

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 1  except that the pro rata share of the loan attributable to the

 2  extremely-low-income units shall be excluded from this

 3  requirement.

 4         8.  Local government contributions and local government

 5  comprehensive planning and activities that promote affordable

 6  housing.

 7         9.  Project feasibility.

 8         10.  Economic viability of the project.

 9         11.  Commitment of first mortgage financing.

10         12.  Sponsor's prior experience.

11         13.  Sponsor's ability to proceed with construction.

12         14.  Projects that directly implement or assist

13  welfare-to-work transitioning.

14         15.  Projects that reserve units for

15  extremely-low-income families.

16         (f)  The review committee established by corporation

17  rule under pursuant to this subsection shall make

18  recommendations to the board of directors of the corporation

19  regarding program participation under the State Apartment

20  Incentive Loan Program.  The corporation board shall make the

21  final ranking and the decisions regarding which applicants

22  shall become program participants based on the scores received

23  in the competitive ranking, further review of applications,

24  and the recommendations of the review committee.  The

25  corporation board shall approve or reject applications for

26  loans and shall determine the tentative loan amount available

27  to each applicant selected for participation in the program.

28  The actual loan amount shall be determined by a pursuant to

29  rule adopted under s. 420.507(22)(h) pursuant to s.

30  420.507(22)(f).

31  

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 1         (g)  The loan term shall be for a period of not more

 2  than 15 years; however, if both a program loan and federal

 3  low-income housing tax credits are to be used to assist a

 4  project, the corporation may set the loan term for a period

 5  commensurate with the investment requirements associated with

 6  the tax credit syndication.  The term of the loan may also

 7  exceed 15 years if necessary to conform to requirements of the

 8  Federal National Mortgage Association. However, if the lien of

 9  the corporation's encumbrance is subordinate to the lien of

10  another mortgagee, the term may be made coterminous with the

11  longest term of the superior lien. The corporation may

12  renegotiate and extend the loan in order to extend the

13  availability of housing for the targeted population.  The term

14  of a loan may not extend beyond the period for which the

15  sponsor agrees to provide the housing set-aside required by

16  subsection (2).

17         (h)  The loan shall be subject to sale, transfer, or

18  refinancing. The sale, transfer, or refinancing of the loan

19  shall be consistent with fiscal program goals and the

20  preservation or advancement of affordable housing for the

21  state. However, all requirements and conditions of the loan

22  shall remain following sale, transfer, or refinancing.

23         (k)  Rent controls may shall not be allowed on any

24  project except as required in conjunction with the issuance of

25  tax-exempt bonds or federal low-income housing tax credits,

26  and except when the sponsor has committed to set aside units

27  for extremely-low-income persons, in which case rents shall be

28  restricted at the level applicable to federal low-income tax

29  credits.

30         Section 19.  Section 420.5088, Florida Statutes, is

31  amended to read:

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 1         420.5088  Florida Homeownership Assistance

 2  Program.--There is created the Florida Homeownership

 3  Assistance Program for the purpose of assisting low-income and

 4  moderate-income persons in purchasing a home as their primary

 5  residence by reducing the cost of the home with below-market

 6  construction financing, by reducing the amount of down payment

 7  and closing costs paid by the borrower to a maximum of 5

 8  percent of the purchase price, or by reducing the monthly

 9  payment to an affordable amount for the purchaser. Loans shall

10  be made available at an interest rate that does not exceed 3

11  percent. The balance of any loan is due at closing if the

12  property is sold, rented, refinanced, or transferred, except

13  as approved by the corporation.

14         (1)  For loans made available pursuant to s.

15  420.507(23)(a)1. or 2.:

16         (a)  The corporation may underwrite and make those

17  mortgage loans through the program to persons or families who

18  have incomes that do not exceed 120 80 percent of the state or

19  local median income, whichever is greater, adjusted for family

20  size.

21         (b)  Loans shall be made available for the term of the

22  first mortgage.

23         (c)  Loans may not exceed are limited to the lesser of

24  35 25 percent of the purchase price of the home or the amount

25  necessary to enable the purchaser to meet credit underwriting

26  criteria.

27         (2)  For loans made pursuant to s. 420.507(23)(a)3.:

28         (a)  Availability is limited to nonprofit sponsors or

29  developers who are selected for program participation under

30  pursuant to this subsection.

31  

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 1         (b)  Preference must be given to community development

 2  corporations as defined in s. 290.033 and to community-based

 3  organizations as defined in s. 420.503.

 4         (c)  Priority must be given to projects that have

 5  received state assistance in funding project predevelopment

 6  costs.

 7         (d)  The benefits of making such loans shall be

 8  contractually provided to the persons or families purchasing

 9  homes financed under this subsection.

10         (e)  At least 30 percent of the units in a project

11  financed under pursuant to this subsection must be sold to

12  persons or families who have incomes that do not exceed 80

13  percent of the state or local median income, whichever amount

14  is greater, adjusted for family size; and at least another 30

15  percent of the units in a project financed under pursuant to

16  this subsection must be sold to persons or families who have

17  incomes that do not exceed 65 50 percent of the state or local

18  median income, whichever amount is greater, adjusted for

19  family size.

20         (f)  The maximum loan amount may not exceed 33 percent

21  of the total project cost.

22         (g)  A person who purchases a home in a project

23  financed under this subsection is eligible for a loan

24  authorized by s. 420.507(23)(a)1. or 2. in an aggregate amount

25  not exceeding the construction loan made under pursuant to

26  this subsection. The home purchaser must meet all the

27  requirements for loan recipients established pursuant to the

28  applicable loan program.

29         (h)  The corporation shall provide, by rule, for the

30  establishment of a review committee composed of corporation

31  staff and shall establish, by rule, a scoring system for

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 1  evaluating and ranking applications submitted for construction

 2  loans under this subsection, including, but not limited to,

 3  the following criteria:

 4         1.  The affordability of the housing proposed to be

 5  built.

 6         2.  The direct benefits of the assistance to the

 7  persons who will reside in the proposed housing.

 8         3.  The demonstrated capacity of the applicant to carry

 9  out the proposal, including the experience of the development

10  team.

11         4.  The economic feasibility of the proposal.

12         5.  The extent to which the applicant demonstrates

13  potential cost savings by combining the benefits of different

14  governmental programs and private initiatives, including the

15  local government contributions and local government

16  comprehensive planning and activities that promote affordable

17  housing.

18         6.  The use of the least amount of program loan funds

19  compared to overall project cost.

20         7.  The provision of homeownership counseling.

21         8.  The applicant's agreement to exceed the

22  requirements of paragraph (e).

23         9.  The commitment of first mortgage financing for the

24  balance of the construction loan and for the permanent loans

25  to the purchasers of the housing.

26         10.  The applicant's ability to proceed with

27  construction.

28         11.  The targeting objectives of the corporation which

29  will ensure an equitable distribution of loans between rural

30  and urban areas.

31  

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 1         12.  The extent to which the proposal will further the

 2  purposes of this program.

 3         (i)  The corporation may reject any and all

 4  applications.

 5         (j)  The review committee established by corporation

 6  rule pursuant to this subsection shall make recommendations to

 7  the corporation board regarding program participation under

 8  this subsection. The corporation board shall make the final

 9  ranking for participation based on the scores received in the

10  ranking, further review of the applications, and the

11  recommendations of the review committee. The corporation board

12  shall approve or reject applicants for loans and shall

13  determine the tentative loan amount available to each program

14  participant. The final loan amount shall be determined

15  pursuant to rule adopted under s. 420.507(23)(h).

16         (3)  The corporation shall publish a notice of fund

17  availability in a publication of general circulation

18  throughout the state at least 60 days before prior to the

19  anticipated availability of funds.

20         (4)  During the first 9 months of fund availability:

21         (a)  Sixty percent of the program funds shall be

22  reserved for use by borrowers pursuant to s. 420.507(23)(a)1.;

23         (b)  Twenty percent of the program funds shall be

24  reserved for use by borrowers pursuant to s. 420.507(23)(a)2.;

25  and

26         (c)  Twenty percent of the program funds shall be

27  reserved for use by borrowers pursuant to s. 420.507(23)(a)3.

28  

29  If the application of these percentages would cause the

30  reservation of program funds under paragraph (a) to be less

31  than $1 million, the reservation for paragraph (a) shall be

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 1  increased to $1 million or all available funds, whichever

 2  amount is less, with the increase to be accomplished by

 3  reducing the reservation for paragraph (b) and, if necessary,

 4  paragraph (c).

 5         (4)(5)  There is authorized to be established by the

 6  corporation with a qualified public depository meeting the

 7  requirements of chapter 280 the Florida Homeownership

 8  Assistance Fund to be administered by the corporation

 9  according to the provisions of this program. Any amounts held

10  in the Florida Homeownership Assistance Trust Fund for such

11  purposes as of January 1, 1998, must be transferred to the

12  corporation for deposit in the Florida Homeownership

13  Assistance Fund, whereupon the Florida Homeownership

14  Assistance Trust Fund must be closed. There shall be deposited

15  in the fund moneys from the State Housing Trust Fund created

16  by s. 420.0005, or moneys received from any other source, for

17  the purpose of this program and all proceeds derived from the

18  use of such moneys.  In addition, all unencumbered funds, loan

19  repayments, proceeds from the sale of any property, and any

20  other proceeds that would otherwise accrue pursuant to the

21  activities of the programs described in this section shall be

22  transferred to this fund.  In addition, all loan repayments,

23  proceeds from the sale of any property, and any other proceeds

24  that would otherwise accrue pursuant to the activities

25  conducted under the provisions of the Florida Homeownership

26  Assistance Program shall be deposited in the fund and shall

27  not revert to the General Revenue Fund. Expenditures from the

28  Florida Homeownership Assistance Fund shall not be required to

29  be included in the corporation's budget request or be subject

30  to appropriation by the Legislature.

31  

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 1         (5)(6)  No more than one-fifth of the funds available

 2  in the Florida Homeownership Assistance Fund may be made

 3  available to provide loan loss insurance reserve funds to

 4  facilitate homeownership for eligible persons.

 5         Section 20.  Subsection (2) of section 420.9072,

 6  Florida Statutes, is amended to read:

 7         420.9072  State Housing Initiatives Partnership

 8  Program.--The State Housing Initiatives Partnership Program is

 9  created for the purpose of providing funds to counties and

10  eligible municipalities as an incentive for the creation of

11  local housing partnerships, to expand production of and

12  preserve affordable housing, to further the housing element of

13  the local government comprehensive plan specific to affordable

14  housing, and to increase housing-related employment.

15         (2)(a)  To be eligible to receive funds under the

16  program, a county or eligible municipality must:

17         1.  Submit to the corporation its local housing

18  assistance plan describing the local housing assistance

19  strategies established pursuant to s. 420.9075;

20         2.  Within 12 months after adopting the local housing

21  assistance plan, amend the plan to incorporate the local

22  housing incentive strategies defined in s. 420.9071(16) and

23  described in s. 420.9076; and

24         3.  Within 24 months after adopting the amended local

25  housing assistance plan to incorporate the local housing

26  incentive strategies, amend its land development regulations

27  or establish local policies and procedures, as necessary, to

28  implement the local housing incentive strategies adopted by

29  the local governing body. A county or an eligible municipality

30  that has adopted a housing incentive strategy pursuant to s.

31  420.9076 before the effective date of this act shall review

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 1  the status of implementation of the plan according to its

 2  adopted schedule for implementation and report its findings in

 3  the annual report required by s. 420.9075(10) s. 420.9075(9).

 4  If as a result of the review, a county or an eligible

 5  municipality determines that the implementation is complete

 6  and in accordance with its schedule, no further action is

 7  necessary. If a county or an eligible municipality determines

 8  that implementation according to its schedule is not complete,

 9  it must amend its land development regulations or establish

10  local policies and procedures, as necessary, to implement the

11  housing incentive plan within 12 months after the effective

12  date of this act, or if extenuating circumstances prevent

13  implementation within 12 months, pursuant to s. 420.9075(13)

14  s. 420.9075(12), enter into an extension agreement with the

15  corporation.

16         (b)  A county or an eligible municipality seeking

17  approval to receive its share of the local housing

18  distribution must adopt an ordinance containing the following

19  provisions:

20         1.  Creation of a local housing assistance trust fund

21  as described in s. 420.9075(6) s. 420.9075(5).

22         2.  Adoption by resolution of a local housing

23  assistance plan as defined in s. 420.9071(14) to be

24  implemented through a local housing partnership as defined in

25  s. 420.9071(18).

26         3.  Designation of the responsibility for the

27  administration of the local housing assistance plan.  Such

28  ordinance may also provide for the contracting of all or part

29  of the administrative or other functions of the program to a

30  third person or entity.

31  

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 1         4.  Creation of the affordable housing advisory

 2  committee as provided in s. 420.9076.

 3  

 4  The ordinance must not take effect until at least 30 days

 5  after the date of formal adoption. Ordinances in effect prior

 6  to the effective date of amendments to this section shall be

 7  amended as needed to conform to new provisions.

 8         Section 21.  Section 420.9075, Florida Statutes, is

 9  amended to read:

10         420.9075  Local housing assistance plans;

11  partnerships.--

12         (1)(a)  Each county or eligible municipality

13  participating in the State Housing Initiatives Partnership

14  Program shall develop and implement a local housing assistance

15  plan created to make affordable residential units available to

16  persons of very low income, low income, or moderate income and

17  to persons who have special housing needs, including, but not

18  limited to, homeless people, the elderly, and migrant

19  farmworkers.  The plans are intended to increase the

20  availability of affordable residential units by combining

21  local resources and cost-saving measures into a local housing

22  partnership and using private and public funds to reduce the

23  cost of housing.

24         (b)  Local housing assistance plans may allocate funds

25  to:

26         1.  Implement local housing assistance strategies for

27  the provision of affordable housing.

28         2.  Supplement funds available to the corporation to

29  provide enhanced funding of state housing programs within the

30  county or the eligible municipality.

31  

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 1         3.  Provide the local matching share of federal

 2  affordable housing grants or programs.

 3         4.  Fund emergency repairs, including, but not limited

 4  to, repairs performed by existing service providers under

 5  weatherization assistance programs under ss. 409.509-409.5093.

 6         5.  Further the housing element of the local government

 7  comprehensive plan adopted pursuant to s. 163.3184, specific

 8  to affordable housing.

 9         (2)(a)  Each county and each eligible municipality

10  participating in the State Housing Initiatives Partnership

11  Program shall encourage the involvement of appropriate public

12  sector and private sector entities as partners in order to

13  combine resources to reduce housing costs for the targeted

14  population. This partnership process should involve:

15         1.  Lending institutions.

16         2.  Housing builders and developers.

17         3.  Nonprofit and other community-based housing and

18  service organizations.

19         4.  Providers of professional services relating to

20  affordable housing.

21         5.  Advocates for low-income persons, including, but

22  not limited to, homeless people, the elderly, and migrant

23  farmworkers.

24         6.  Real estate professionals.

25         7.  Other persons or entities who can assist in

26  providing housing or related support services.

27         (b)  The specific participants in partnership

28  activities may vary according to the community's resources and

29  the nature of the local housing assistance plan.

30  

31  

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 1         (3)(a)  Each local housing assistance plan shall

 2  include a definition of essential services personnel for the

 3  county or eligible municipality.

 4         (b)  Each county or eligible municipality is encouraged

 5  to develop a strategy within its local housing assistance plan

 6  which emphasizes the recruitment and retention of essential

 7  services personnel.

 8         (4)(3)  Each local housing assistance plan is governed

 9  by the following criteria and administrative procedures:

10         (a)  Each county, eligible municipality, or entity

11  formed through interlocal agreement to participate in the

12  State Housing Initiatives Partnership Program must develop a

13  qualification system and selection criteria for applications

14  for awards by eligible sponsors, adopt criteria for the

15  selection of eligible persons, and adopt a maximum award

16  schedule or system of amounts consistent with the intent and

17  budget of its local housing assistance plan, with ss.

18  420.907-420.9079, and with corporation rule.

19         (b)  The county or eligible municipality or its

20  administrative representative shall advertise the notice of

21  funding availability in a newspaper of general circulation and

22  periodicals serving ethnic and diverse neighborhoods, at least

23  30 days before the beginning of the application period. If no

24  funding is available due to a waiting list, no notice of

25  funding availability is required.

26         (c)  In accordance with the provisions of ss.

27  760.20-760.37, it is unlawful to discriminate on the basis of

28  race, creed, religion, color, age, sex, marital status,

29  familial status, national origin, or handicap in the award

30  application process for eligible housing.

31  

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 1         (d)  As a condition of receipt of an award, the

 2  eligible sponsor or eligible person must contractually commit

 3  to comply with the affordable housing criteria provided under

 4  ss. 420.907-420.9079 applicable to the affordable housing

 5  objective of the award.  The plan criteria adopted by the

 6  county or eligible municipality must prescribe the contractual

 7  obligations required to ensure compliance with award

 8  conditions.

 9         (e)  The staff or entity that has administrative

10  authority for implementing a local housing assistance plan

11  assisting rental developments shall annually monitor and

12  determine tenant eligibility or, to the extent another

13  governmental entity provides the same monitoring and

14  determination, a municipality, county, or local housing

15  financing authority may rely on such monitoring and

16  determination of tenant eligibility. However, any loan or

17  grant in the original amount of $3,000 or less shall not be

18  subject to these annual monitoring and determination of tenant

19  eligibility requirements.

20         (5)(4)  The following criteria apply to awards made to

21  eligible sponsors or eligible persons for the purpose of

22  providing eligible housing:

23         (a)  At least 65 percent of the funds made available in

24  each county and eligible municipality from the local housing

25  distribution must be reserved for home ownership for eligible

26  persons.

27         (b)  At least 75 percent of the funds made available in

28  each county and eligible municipality from the local housing

29  distribution must be reserved for construction,

30  rehabilitation, or emergency repair of affordable, eligible

31  housing.

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 1         (c)  The sales price or value of new or existing

 2  eligible housing may not exceed 90 percent of the average area

 3  purchase price in the statistical area in which the eligible

 4  housing is located. Such average area purchase price may be

 5  that calculated for any 12-month period beginning not earlier

 6  than the fourth calendar year prior to the year in which the

 7  award occurs or as established by the United States Department

 8  of the Treasury.

 9         (d)1.  All units constructed, rehabilitated, or

10  otherwise assisted with the funds provided from the local

11  housing assistance trust fund must be occupied by

12  very-low-income persons, low-income persons, and

13  moderate-income persons.

14         2.  At least 30 percent of the funds deposited into the

15  local housing assistance trust fund must be reserved for

16  awards to very-low-income persons or eligible sponsors who

17  will serve very-low-income persons and at least an additional

18  30 percent of the funds deposited into the local housing

19  assistance trust fund must be reserved for awards to

20  low-income persons or eligible sponsors who will serve

21  low-income persons. This subparagraph does not apply to a

22  county or an eligible municipality that includes, or has

23  included within the previous 5 years, an area of critical

24  state concern designated or ratified by the Legislature for

25  which the Legislature has declared its intent to provide

26  affordable housing. The exemption created by this act expires

27  on July 1, 2008.

28         (e)  Loans shall be provided for periods not exceeding

29  30 years, except for deferred payment loans or loans that

30  extend beyond 30 years which continue to serve eligible

31  persons.

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 1         (f)  Loans or grants for eligible rental housing

 2  constructed, rehabilitated, or otherwise assisted from the

 3  local housing assistance trust fund must be subject to

 4  recapture requirements as provided by the county or eligible

 5  municipality in its local housing assistance plan unless

 6  reserved for eligible persons for 15 years or the term of the

 7  assistance, whichever period is longer. Eligible sponsors that

 8  offer rental housing for sale before 15 years or that have

 9  remaining mortgages funded under this program must give a

10  first right of refusal to eligible nonprofit organizations for

11  purchase at the current market value for continued occupancy

12  by eligible persons.

13         (g)  Loans or grants for eligible owner-occupied

14  housing constructed, rehabilitated, or otherwise assisted from

15  proceeds provided from the local housing assistance trust fund

16  shall be subject to recapture requirements as provided by the

17  county or eligible municipality in its local housing

18  assistance plan.

19         (h)  The total amount of monthly mortgage payments or

20  the amount of monthly rent charged by the eligible sponsor or

21  her or his designee must be made affordable.

22         (i)  The maximum sales price or value per unit and the

23  maximum award per unit for eligible housing benefiting from

24  awards made pursuant to this section must be established in

25  the local housing assistance plan.

26         (j)  The benefit of assistance provided through the

27  State Housing Initiatives Partnership Program must accrue to

28  eligible persons occupying eligible housing. This provision

29  shall not be construed to prohibit use of the local housing

30  distribution funds for a mixed income rental development.

31  

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 1         (k)  Funds from the local housing distribution not used

 2  to meet the criteria established in paragraph (a) or paragraph

 3  (b) or not used for the administration of a local housing

 4  assistance plan must be used for housing production and

 5  finance activities, including, but not limited to, financing

 6  the purchase of existing units, providing rental housing, and

 7  providing home ownership training to prospective home buyers

 8  and owners of homes assisted through the local housing

 9  assistance plan. Notwithstanding the provisions of paragraphs

10  (a) and (b), program income as defined in s. 420.9071(24) may

11  also be used to fund activities described in this paragraph.

12  

13  If both an award under the local housing assistance plan and

14  federal low-income housing tax credits are used to assist a

15  project and there is a conflict between the criteria

16  prescribed in this subsection and the requirements of s. 42 of

17  the Internal Revenue Code of 1986, as amended, the county or

18  eligible municipality may resolve the conflict by giving

19  precedence to the requirements of s. 42 of the Internal

20  Revenue Code of 1986, as amended, in lieu of following the

21  criteria prescribed in this subsection with the exception of

22  paragraphs (a) and (d) of this subsection.

23         (6)(5)  Each county or eligible municipality receiving

24  local housing distribution moneys shall establish and maintain

25  a local housing assistance trust fund.  All moneys of a county

26  or an eligible municipality received from its share of the

27  local housing distribution, program income, recaptured funds,

28  and other funds received or budgeted to implement the local

29  housing assistance plan shall be deposited into the trust

30  fund; however, local housing distribution moneys used to match

31  federal HOME program moneys may be repaid to the HOME program

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 1  fund if required by federal law or regulations. Expenditures

 2  other than for the administration and implementation of the

 3  local housing assistance plan may not be made from the fund.

 4         (7)(6)  The moneys deposited in the local housing

 5  assistance trust fund shall be used to administer and

 6  implement the local housing assistance plan.  The cost of

 7  administering the plan may not exceed 5 percent of the local

 8  housing distribution moneys and program income deposited into

 9  the trust fund.  A county or an eligible municipality may not

10  exceed the 5-percent limitation on administrative costs,

11  unless its governing body finds, by resolution, that 5 percent

12  of the local housing distribution plus 5 percent of program

13  income is insufficient to adequately pay the necessary costs

14  of administering the local housing assistance plan. The cost

15  of administering the program may not exceed 10 percent of the

16  local housing distribution plus 5 percent of program income

17  deposited into the trust fund, except that small counties, as

18  defined in s. 120.52(17), and eligible municipalities

19  receiving a local housing distribution of up to $350,000 may

20  use up to 10 percent of program income for administrative

21  costs.

22         (8)(7)  Pursuant to s. 420.531, the corporation shall

23  provide technical assistance to local governments regarding

24  the creation of partnerships, the design of local housing

25  assistance strategies, the implementation of local housing

26  incentive strategies, and the provision of support services.

27         (9)(8)  The corporation shall monitor the activities of

28  local governments to determine compliance with program

29  requirements and shall collect data on the operation and

30  achievements of housing partnerships.

31  

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 1         (10)(9)  Each county or eligible municipality shall

 2  submit to the corporation by September 15 of each year a

 3  report of its affordable housing programs and accomplishments

 4  through June 30 immediately preceding submittal of the report.

 5  The report shall be certified as accurate and complete by the

 6  local government's chief elected official or his or her

 7  designee. Transmittal of the annual report by a county's or

 8  eligible municipality's chief elected official, or his or her

 9  designee, certifies that the local housing incentive

10  strategies, or, if applicable, the local housing incentive

11  plan, have been implemented or are in the process of being

12  implemented pursuant to the adopted schedule for

13  implementation. The report must include, but is not limited

14  to:

15         (a)  The number of households served by income

16  category, age, family size, and race, and data regarding any

17  special needs populations such as farmworkers, homeless

18  persons, and the elderly. Counties shall report this

19  information separately for households served in the

20  unincorporated area and each municipality within the county.

21         (b)  The number of units and the average cost of

22  producing units under each local housing assistance strategy.

23         (c)  The average area purchase price of single-family

24  units and the amount of rent charged for a rental unit based

25  on unit size.

26         (d)  By income category, the number of mortgages made,

27  the average mortgage amount, and the rate of default.

28         (e)  A description of the status of implementation of

29  each local housing incentive strategy, or if applicable, the

30  local housing incentive plan as set forth in the local

31  government's adopted schedule for implementation.

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 1         (f)  A concise description of the support services that

 2  are available to the residents of affordable housing provided

 3  by local programs.

 4         (g)  The sales price or value of housing produced and

 5  an accounting of what percentage was financed by the local

 6  housing distribution, other public moneys, and private

 7  resources.

 8         (h)  Such other data or affordable housing

 9  accomplishments considered significant by the reporting county

10  or eligible municipality.

11         (11)(10)  The report shall be made available by the

12  county or eligible municipality for public inspection and

13  comment prior to certifying the report and transmitting it to

14  the corporation. The county or eligible municipality shall

15  provide notice of the availability of the proposed report and

16  solicit public comment. The notice must state the public place

17  where a copy of the proposed report can be obtained by

18  interested persons. Members of the public may submit written

19  comments on the report to the county or eligible municipality

20  and the corporation. Written public comments shall identify

21  the author by name, address, and interest affected. The county

22  or eligible municipality shall attach a copy of all such

23  written comments and its responses to the annual report

24  submitted to the corporation.

25         (12)(11)  The corporation shall review the report of

26  each county or eligible municipality and any written comments

27  from the public and include any comments concerning the

28  effectiveness of local programs in the report required by s.

29  420.511.

30         (13)(12)(a)  If, as a result of the review of the

31  annual report or public comment and written response from the

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 1  county or eligible municipality, or at any other time, the

 2  corporation determines that a county or eligible municipality

 3  may have established a pattern of violation of the criteria

 4  for a local housing assistance plan established under ss.

 5  420.907-420.9079 or that an eligible sponsor or eligible

 6  person has violated the applicable award conditions, the

 7  corporation shall report such pattern of violation of criteria

 8  or violation of award conditions to its compliance monitoring

 9  agent and the Executive Office of the Governor. The

10  corporation's compliance monitoring agent must determine

11  within 60 days whether the county or eligible municipality has

12  violated program criteria and shall issue a written report

13  thereon. If a violation has occurred, the distribution of

14  program funds to the county or eligible municipality must be

15  suspended until the violation is corrected.

16         (b)  If, as a result of its review of the annual

17  report, the corporation determines that a county or eligible

18  municipality has failed to implement a local housing incentive

19  strategy, or, if applicable, a local housing incentive plan,

20  it shall send a notice of termination of the local

21  government's share of the local housing distribution by

22  certified mail to the affected county or eligible

23  municipality.

24         1.  The notice must specify a date of termination of

25  the funding if the affected county or eligible municipality

26  does not implement the plan or strategy and provide for a

27  local response. A county or eligible municipality shall

28  respond to the corporation within 30 days after receipt of the

29  notice of termination.

30         2.  The corporation shall consider the local response

31  that extenuating circumstances precluded implementation and

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 1  grant an extension to the timeframe for implementation. Such

 2  an extension shall be made in the form of an extension

 3  agreement that provides a timeframe for implementation. The

 4  chief elected official of a county or eligible municipality or

 5  his or her designee shall have the authority to enter into the

 6  agreement on behalf of the local government.

 7         3.  If the county or the eligible municipality has not

 8  implemented the incentive strategy or entered into an

 9  extension agreement by the termination date specified in the

10  notice, the local housing distribution share terminates, and

11  any uncommitted local housing distribution funds held by the

12  affected county or eligible municipality in its local housing

13  assistance trust fund shall be transferred to the Local

14  Government Housing Trust Fund to the credit of the corporation

15  to administer pursuant to s. 420.9078.

16         4.a.  If the affected local government fails to meet

17  the timeframes specified in the agreement, the corporation

18  shall terminate funds. The corporation shall send a notice of

19  termination of the local government's share of the local

20  housing distribution by certified mail to the affected local

21  government. The notice shall specify the termination date, and

22  any uncommitted funds held by the affected local government

23  shall be transferred to the Local Government Housing Trust

24  Fund to the credit of the corporation to administer pursuant

25  to s. 420.9078.

26         b.  If the corporation terminates funds to a county,

27  but an eligible municipality receiving a local housing

28  distribution pursuant to an interlocal agreement maintains

29  compliance with program requirements, the corporation shall

30  thereafter distribute directly to the participating eligible

31  

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 1  municipality its share calculated in the manner provided in s.

 2  420.9072.

 3         c.  Any county or eligible municipality whose local

 4  distribution share has been terminated may subsequently elect

 5  to receive directly its local distribution share by adopting

 6  the ordinance, resolution, and local housing assistance plan

 7  in the manner and according to the procedures provided in ss.

 8  420.907-420.9079.

 9         Section 22.  The Community Workforce Housing Innovation

10  Pilot Program is hereby created.--

11         (1)(a)  The Legislature finds and declares that recent

12  rapid increases in the median purchase price of a home and the

13  cost of rental housing have far outstripped the increases in

14  median income in the state, preventing essential services

15  personnel from living in the communities where they serve,

16  creating the need for innovative solutions to provide housing

17  opportunities for essential services personnel.

18         (b)  The Legislature creates the Community Workforce

19  Housing Innovation Pilot Program in order to provide

20  affordable rental and home ownership opportunities for

21  community workforce housing for essential services personnel

22  affected by the high cost of housing in certain areas of this

23  state, using regulatory incentives and state and local funds

24  to promote local public-private partnerships and to leverage

25  government and private resources.

26         (2)  As used in this section, the term:

27         (a)  "Essential services personnel" means a person who

28  is in need of affordable housing and is employed in an

29  occupation or profession in which he or she is considered

30  essential services personnel, as defined by each county and

31  

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 1  eligible municipality within its local housing assistance plan

 2  under s. 420.9075(3)(a).

 3         (b)  "Public-private partnerships" means any form of

 4  business entity which includes substantial involvement of at

 5  least one county, one municipality, or one public-sector

 6  entity, such as a school district or other unit of local

 7  government in which the project is to be located, and at least

 8  one private-sector for-profit or not-for-profit business or

 9  charitable entity.

10         (c)  "Workforce housing" means housing affordable to

11  persons or families whose total annual household income does

12  not exceed 140 percent of the area median income, adjusted for

13  household size, or 150 percent of area median income, adjusted

14  for household size, in areas of critical state concern

15  designated under s. 380.05 for which the Legislature has

16  declared its intent to provide affordable housing.

17         (3)  The corporation may provide loans under the

18  Community Workforce Housing Innovation Pilot Program to an

19  applicant for construction or rehabilitation of workforce

20  housing in eligible counties. The corporation shall establish

21  funding procedures and selection criteria by adopting a rule

22  or through using a request for proposals. This funding is

23  intended to be used with other public and private-sector

24  resources.

25         (4)  The corporation shall provide incentives for local

26  governments in eligible counties to use local affordable

27  housing funds, such as those from the State Housing

28  Initiatives Partnership Program, to assist in meeting the

29  affordable housing needs of persons eligible under this

30  program.

31  

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 1         (5)  Priority for funding projects shall be given to

 2  projects in counties where the disparity between the area

 3  median income and the median sales price for a single family

 4  home is greatest, and for projects in counties where

 5  population growth as a percentage rate of increase is

 6  greatest. The corporation may also fund projects in counties

 7  where innovative regulatory and financial incentives are made

 8  available.

 9         (6)  Projects shall also receive priority consideration

10  for funding when:

11         (a)  The local jurisdiction establishes appropriate

12  regulatory incentives, local contributions or financial

13  strategies, or other funding sources to promote the

14  development and on-going financial viability of such projects.

15  Local incentives may include such actions as expediting review

16  of development orders and permits, supporting development near

17  transportation hubs and major employment centers, and adopting

18  land development regulations designed to allow flexibility in

19  densities, use of accessory units, mixed use developments, and

20  flexible lot configurations. Financial strategies may include

21  such actions as promoting employer-assisted housing programs,

22  providing tax increment financing, and providing land.

23         (b)  Projects are innovative and include new

24  construction or rehabilitation, mixed-income housing, or

25  commercial and housing mixed-use elements, and those that

26  promote homeownership. Funding from the program may not exceed

27  the costs attributable to the portion of the project which is

28  set aside to provide housing for the targeted population.

29         (c)  Projects set aside at least 80 percent of the

30  units for workforce housing and at least 50 percent for

31  essential services personnel and for projects that require the

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 1  least amount of funding from the program when compared to the

 2  overall housing costs for the project.

 3         (7)  Notwithstanding the provisions of s.

 4  163.3184(3)-(6), any amendment to a local government

 5  comprehensive plan which is intended to implement a Community

 6  Workforce Housing Innovation Pilot Program project that is

 7  found to be consistent with the provisions of this section

 8  shall be expedited as provided in this subsection. The local

 9  government shall notify the state land planning agency at

10  least 30 days before adopting a plan amendment under this

11  subsection of its intent to adopt an amendment. The notice

12  must include its evaluation related to site suitability and

13  availability of facilities and services. The public notice of

14  the hearing required by s. 163.3184(15)(e) must include a

15  statement that the local government intends to use the

16  expedited adoption process authorized by this subsection. Such

17  amendments require only a single public hearing before the

18  governing board, which shall be an adoption hearing as

19  described in s. 163.3184(7), and the state land planning

20  agency shall issue its notice of intent under s. 163.3184(8)

21  within 30 days after determining that the amendment package is

22  complete.

23         (8)  The corporation shall award loans having interest

24  rates set at 1 to 3 percent, which may be made forgivable when

25  long-term affordability is provided and when at least 80

26  percent of the units are set aside for workforce housing and

27  at least 50 percent of the units are set aside for essential

28  services personnel.

29         (9)  All eligible applications shall:

30         (a)  For home ownership, limit the sales price of a

31  detached unit, townhome, or condominium unit to not more than

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 1  the median sales price for that type of unit in that county

 2  and require that all eligible purchasers of home ownership

 3  units occupy the homes as their primary residence.

 4         (b)  For rental units, restrict rents for all workforce

 5  housing serving renters having incomes at or below 120 percent

 6  of area median income at the appropriate income level using

 7  the restricted rents for the federal low-income housing tax

 8  credit program and, for workforce housing units serving

 9  renters having incomes above 120 percent of area median

10  income.

11         (c)  Demonstrate that the applicant is a public-private

12  partnership.

13         (d)  Have grants, donations of land, or contributions

14  from the public-private partnership or other sources

15  collectively totaling at least 15 percent of the total

16  development cost. Such grants, donations of land, or

17  contributions may be evidenced only by a letter of commitment

18  at the time of the application.

19         (e)  Demonstrate how the applicant will use the

20  regulatory incentives and financial strategies outlined in

21  paragraph (6)(a) from the local jurisdiction in which the

22  proposed project is to be located.  The corporation may

23  consult with the department in evaluating the use of

24  regulatory incentives by applicants.

25         (f)  Demonstrate that the applicant possesses title to

26  or site control of land and evidences availability of required

27  infrastructure.

28         (g)  Demonstrate the applicant's experience in

29  affordable housing development and management.

30         (h)  Provide any research or facts available supporting

31  the demand and need for rental or home ownership workforce

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 1  housing for eligible persons in the market in which the

 2  project is proposed.

 3         (10)  Projects may include manufactured housing

 4  constructed after June, 1994, and installed in accordance with

 5  standards for mobile home installation of the Department of

 6  Highway and Motor Vehicles.

 7         (11)  The corporation may adopt rules to administer

 8  this section.

 9         (12)  The corporation may use a maximum of 2 percent of

10  the annual appropriation for administration and compliance

11  monitoring.

12         (13)  The corporation shall review the success of the

13  Community Workforce Housing Innovation Pilot Program to

14  ascertain whether the projects financed by the program are

15  useful in meeting the housing needs of eligible counties. The

16  corporation shall submit its report and any recommendations

17  regarding the program to the Governor, the President of the

18  Senate, and the Speaker of the House of Representatives not

19  later than 2 months after the end of the corporation's fiscal

20  year.

21         Section 23.  Subsection (2) of section 420.9079,

22  Florida Statutes, is amended to read:

23         420.9079  Local Government Housing Trust Fund.--

24         (2)  The corporation shall administer the fund

25  exclusively for the purpose of implementing the programs

26  described in ss. 420.907-420.9078 and this section. With the

27  exception of monitoring the activities of counties and

28  eligible municipalities to determine local compliance with

29  program requirements, the corporation shall not receive

30  appropriations from the fund for administrative or personnel

31  costs. For the purpose of implementing the

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 1  compliance-monitoring compliance monitoring provisions of ss.

 2  s. 420.9075(8) and the Community Workforce Innovation Pilot

 3  Program, the corporation may request a maximum of one-quarter

 4  of 1 percent of the annual appropriation $200,000 per state

 5  fiscal year. When such funding is appropriated, the

 6  corporation shall deduct the amount appropriated prior to

 7  calculating the local housing distribution pursuant to ss.

 8  420.9072, and 420.9073, and the Community Workforce Innovation

 9  Pilot Program..

10         Section 24.  Paragraph (b) of subsection (9) of section

11  1001.42, Florida Statutes, is amended to read:

12         1001.42  Powers and duties of district school

13  board.--The district school board, acting as a board, shall

14  exercise all powers and perform all duties listed below:

15         (9)  SCHOOL PLANT.--Approve plans for locating,

16  planning, constructing, sanitating, insuring, maintaining,

17  protecting, and condemning school property as prescribed in

18  chapter 1013 and as follows:

19         (b)  Sites, buildings, and equipment.--

20         1.  Select and purchase school sites, playgrounds, and

21  recreational areas located at centers at which schools are to

22  be constructed, of adequate size to meet the needs of

23  projected students to be accommodated.

24         2.  Approve the proposed purchase of any site,

25  playground, or recreational area for which district funds are

26  to be used.

27         3.  Expand existing sites.

28         4.  Rent buildings when necessary.

29         5.  Enter into leases or lease-purchase arrangements,

30  in accordance with the requirements and conditions provided in

31  s. 1013.15(2), with private individuals or corporations for

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 1  the rental of necessary grounds and educational facilities for

 2  school purposes or of educational facilities to be erected for

 3  school purposes.  Current or other funds authorized by law may

 4  be used to make payments under a lease-purchase agreement.

 5  Notwithstanding any other statutes, if the rental is to be

 6  paid from funds received from ad valorem taxation and the

 7  agreement is for a period greater than 12 months, an approving

 8  referendum must be held.  The provisions of such contracts,

 9  including building plans, shall be subject to approval by the

10  Department of Education, and no such contract shall be entered

11  into without such approval. As used in this section,

12  "educational facilities" means the buildings and equipment

13  that are built, installed, or established to serve educational

14  purposes and that may lawfully be used. The State Board of

15  Education may adopt such rules as are necessary to implement

16  these provisions.

17         6.  Provide for the proper supervision of construction.

18         7.  Make or contract for additions, alterations, and

19  repairs on buildings and other school properties.

20         8.  Ensure that all plans and specifications for

21  buildings provide adequately for the safety and well-being of

22  students, as well as for economy of construction.

23         9.  Make certain school board lands, acquired prior to

24  January 1, 2006, available to a private developer or nonprofit

25  housing organization for the purpose of providing teachers and

26  other instructional personnel with housing assistance.

27  Teachers and other instructional personnel must be eligible

28  for assistance under chapter 420, and the school board must

29  declare the land surplus and not needed for any facility

30  identified in the district facilities work program required

31  under s. 1013.35.

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 1         Section 25.  (1)  The Legislature finds that it is

 2  critical to provide affordable housing to the very-low-income,

 3  low-income, and moderate-income residents of this state.

 4  Furthermore, the Legislature finds that there is a need for a

 5  land-use-based option in order to improve the economic

 6  feasibility of developing affordable housing.

 7         (2)  By December 1, 2006, the Department of Community

 8  Affairs shall develop a model residential density bonus

 9  ordinance that may be used by local governments to increase

10  the availability of affordable housing. The model ordinance

11  must, at a minimum, include:

12         (a)  The types of housing developments that would be

13  eligible to receive a density bonus;

14         (b)  The affordability requirements, including measures

15  to ensure the continued affordability of applicable housing

16  units;

17         (c)  The methodologies used to calculate density

18  bonuses;

19         (d)  The additional incentives and concessions

20  available to assist developing affordable housing units;

21         (e)  The requirements applicable to converting existing

22  multifamily housing units to condominium units; and

23         (f)  The application and review process for density

24  bonuses.

25         (3)  The board of county commissioners of each county

26  and each municipality shall consider adopting and implementing

27  the residential density bonus ordinance.

28         Section 26.  For the purpose of incorporating the

29  amendments made by this act to section 201.15, Florida

30  Statutes, in a reference thereto, subsection (1) of section

31  161.05301, Florida Statutes, is reenacted to read:

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 1         161.05301  Beach erosion control project staffing.--

 2         (1)  There are hereby appropriated to the Department of

 3  Environmental Protection six positions and $449,918 for fiscal

 4  year 1998-1999 from the Ecosystem Management and Restoration

 5  Trust Fund from revenues provided by this act pursuant to s.

 6  201.15(11).  These positions and funding are provided to

 7  assist local project sponsors, and shall be used to facilitate

 8  and promote enhanced beach erosion control project

 9  administration. Such staffing resources shall be directed

10  toward more efficient contract development and oversight,

11  promoting cost-sharing strategies and regional coordination or

12  projects among local governments, providing assistance to

13  local governments to ensure timely permit review, and

14  improving billing review and disbursement processes.

15         Section 27.  For the purpose of incorporating the

16  amendments made by this act to section 201.15, Florida

17  Statutes, in a reference thereto, subsection (3) of section

18  161.091, Florida Statutes, is reenacted to read:

19         161.091  Beach management; funding; repair and

20  maintenance strategy.--

21         (3)  In accordance with the intent expressed in s.

22  161.088 and the legislative finding that erosion of the

23  beaches of this state is detrimental to tourism, the state's

24  major industry, further exposes the state's highly developed

25  coastline to severe storm damage, and threatens beach-related

26  jobs, which, if not stopped, could significantly reduce state

27  sales tax revenues, funds deposited into the State Treasury to

28  the credit of the Ecosystem Management and Restoration Trust

29  Fund, in the annual amounts provided in s. 201.15(11), shall

30  be used, for a period of not less than 15 years, to fund the

31  development, implementation, and administration of the state's

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 1  beach management plan, as provided in ss. 161.091-161.212,

 2  prior to the use of such funds deposited pursuant to s.

 3  201.15(11) in that trust fund for any other purpose.

 4         Section 28.  For the purpose of incorporating the

 5  amendments made by this act to section 201.15, Florida

 6  Statutes, in a reference thereto, subsection (3) of section

 7  370.0603, Florida Statutes, is reenacted to read:

 8         370.0603  Marine Resources Conservation Trust Fund;

 9  purposes.--

10         (3)  Funds provided to the Marine Resources

11  Conservation Trust Fund from taxes distributed under s.

12  201.15(11) shall be used for the following purposes:

13         (a)  To reimburse the cost of activities authorized

14  pursuant to the Fish and Wildlife Service of the United States

15  Department of the Interior. Such facilities must be involved

16  in the actual rescue and full-time acute care

17  veterinarian-based rehabilitation of manatees. The cost of

18  activities includes, but is not limited to, costs associated

19  with expansion, capital outlay, repair, maintenance, and

20  operation related to the rescue, treatment, stabilization,

21  maintenance, release, and monitoring of manatees. Moneys

22  distributed through the contractual agreement to each facility

23  for manatee rehabilitation must be proportionate to the number

24  of manatees under acute care rehabilitation; the number of

25  maintenance days medically necessary in the facility; and the

26  number released during the previous fiscal year. The

27  commission may set a cap on the total amount reimbursed per

28  manatee per year.

29         (b)  For training on the care, treatment, and

30  rehabilitation of marine mammals at the Whitney Laboratory and

31  

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 1  the College of Veterinary Medicine at the University of

 2  Florida.

 3         (c)  For program administration costs of the agency.

 4         (d)  Funds not distributed in any 1 fiscal year must be

 5  carried over for distribution in subsequent years.

 6         Section 29.  For the purpose of incorporating the

 7  amendments made by this act to section 201.15, Florida

 8  Statutes, in a reference thereto, subsections (5) and (6) of

 9  section 420.5092, Florida Statutes, are reenacted to read:

10         420.5092  Florida Affordable Housing Guarantee

11  Program.--

12         (5)  Pursuant to s. 16, Art. VII of the State

13  Constitution, the corporation may issue, in accordance with s.

14  420.509, revenue bonds of the corporation to establish the

15  guarantee fund. Such revenue bonds shall be primarily payable

16  from and secured by annual debt service reserves, from

17  interest earned on funds on deposit in the guarantee fund,

18  from fees, charges, and reimbursements established by the

19  corporation for the issuance of affordable housing guarantees,

20  and from any other revenue sources received by the corporation

21  and deposited by the corporation into the guarantee fund for

22  the issuance of affordable housing guarantees. To the extent

23  such primary revenue sources are considered insufficient by

24  the corporation, pursuant to the certification provided in

25  subsection (6), to fully fund the annual debt service reserve,

26  the certified deficiency in such reserve shall be additionally

27  payable from the first proceeds of the documentary stamp tax

28  moneys deposited into the State Housing Trust Fund pursuant to

29  s. 201.15(9)(a) and (10)(a) during the ensuing state fiscal

30  year.

31  

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 1         (6)(a)  If the primary revenue sources to be used for

 2  repayment of revenue bonds used to establish the guarantee

 3  fund are insufficient for such repayment, the annual principal

 4  and interest due on each series of revenue bonds shall be

 5  payable from funds in the annual debt service reserve. The

 6  corporation shall, before June 1 of each year, perform a

 7  financial audit to determine whether at the end of the state

 8  fiscal year there will be on deposit in the guarantee fund an

 9  annual debt service reserve from interest earned pursuant to

10  the investment of the guarantee fund, fees, charges, and

11  reimbursements received from issued affordable housing

12  guarantees and other revenue sources available to the

13  corporation. Based upon the findings in such guarantee fund

14  financial audit, the corporation shall certify to the Chief

15  Financial Officer the amount of any projected deficiency in

16  the annual debt service reserve for any series of outstanding

17  bonds as of the end of the state fiscal year and the amount

18  necessary to maintain such annual debt service reserve. Upon

19  receipt of such certification, the Chief Financial Officer

20  shall transfer to the annual debt service reserve, from the

21  first available taxes distributed to the State Housing Trust

22  Fund pursuant to s. 201.15(9)(a) and (10)(a) during the

23  ensuing state fiscal year, the amount certified as necessary

24  to maintain the annual debt service reserve.

25         (b)  If the claims payment obligations under affordable

26  housing guarantees from amounts on deposit in the guarantee

27  fund would cause the claims paying rating assigned to the

28  guarantee fund to be less than the third-highest rating

29  classification of any nationally recognized rating service,

30  which classifications being consistent with s. 215.84(3) and

31  rules adopted thereto by the State Board of Administration,

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 1  the corporation shall certify to the Chief Financial Officer

 2  the amount of such claims payment obligations. Upon receipt of

 3  such certification, the Chief Financial Officer shall transfer

 4  to the guarantee fund, from the first available taxes

 5  distributed to the State Housing Trust Fund pursuant to s.

 6  201.15(9)(a) and (10)(a) during the ensuing state fiscal year,

 7  the amount certified as necessary to meet such obligations,

 8  such transfer to be subordinate to any transfer referenced in

 9  paragraph (a) and not to exceed 50 percent of the amounts

10  distributed to the State Housing Trust Fund pursuant to s.

11  201.15(9)(a) and (10)(a) during the preceding state fiscal

12  year.

13         Section 30.  For the purpose of incorporating the

14  amendments made by this act to section 201.15, Florida

15  Statutes, in a reference thereto, section 420.9073, Florida

16  Statutes, is reenacted to read:

17         420.9073  Local housing distributions.--

18         (1)  Distributions calculated in this section shall be

19  disbursed on a monthly basis by the corporation beginning the

20  first day of the month after program approval pursuant to s.

21  420.9072.  Each county's share of the funds to be distributed

22  from the portion of the funds in the Local Government Housing

23  Trust Fund received pursuant to s. 201.15(9) shall be

24  calculated by the corporation for each fiscal year as follows:

25         (a)  Each county other than a county that has

26  implemented the provisions of chapter 83-220, Laws of Florida,

27  as amended by chapters 84-270, 86-152, and 89-252, Laws of

28  Florida, shall receive the guaranteed amount for each fiscal

29  year.

30         (b)  Each county other than a county that has

31  implemented the provisions of chapter 83-220, Laws of Florida,

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 1  as amended by chapters 84-270, 86-152, and 89-252, Laws of

 2  Florida, may receive an additional share calculated as

 3  follows:

 4         1.  Multiply each county's percentage of the total

 5  state population excluding the population of any county that

 6  has implemented the provisions of chapter 83-220, Laws of

 7  Florida, as amended by chapters 84-270, 86-152, and 89-252,

 8  Laws of Florida, 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 as determined in

14  subsection (3), the amount calculated in subparagraph 1. shall

15  be reduced by the guaranteed amount.  The result for each such

16  county shall be expressed as a percentage of the amounts so

17  determined for all counties.  Each such county shall receive

18  an additional share equal to such percentage multiplied by the

19  total funds received by the Local Government Housing Trust

20  Fund pursuant to s. 201.15(9) reduced by the guaranteed amount

21  paid to all counties.

22         (2)  Effective July 1, 1995, distributions calculated

23  in this section shall be disbursed on a monthly basis by the

24  corporation beginning the first day of the month after program

25  approval pursuant to s. 420.9072.  Each county's share of the

26  funds to be distributed from the portion of the funds in the

27  Local Government Housing Trust Fund received pursuant to s.

28  201.15(10) shall be calculated by the corporation for each

29  fiscal year as follows:

30         (a)  Each county shall receive the guaranteed amount

31  for each fiscal year.

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 1         (b)  Each county may receive an additional share

 2  calculated as follows:

 3         1.  Multiply each county's percentage of the total

 4  state population, by the total funds to be distributed.

 5         2.  If the result in subparagraph 1. is less than the

 6  guaranteed amount as determined in subsection (3), that

 7  county's additional share shall be zero.

 8         3.  For each county in which the result in subparagraph

 9  1. is greater than the guaranteed amount, the amount

10  calculated in subparagraph 1. shall be reduced by the

11  guaranteed amount.  The result for each such county shall be

12  expressed as a percentage of the amounts so determined for all

13  counties.  Each such county shall receive an additional share

14  equal to this percentage multiplied by the total funds

15  received by the Local Government Housing Trust Fund pursuant

16  to s. 201.15(10) as reduced by the guaranteed amount paid to

17  all counties.

18         (3)  Calculation of guaranteed amounts:

19         (a)  The guaranteed amount under subsection (1) shall

20  be calculated for each state fiscal year by multiplying

21  $350,000 by a fraction, the numerator of which is the amount

22  of funds distributed to the Local Government Housing Trust

23  Fund pursuant to s. 201.15(9) and the denominator of which is

24  the total amount of funds distributed to the Local Government

25  Housing Trust Fund pursuant to s. 201.15.

26         (b)  The guaranteed amount under subsection (2) shall

27  be calculated for each state fiscal year by multiplying

28  $350,000 by a fraction, the numerator of which is the amount

29  of funds distributed to the Local Government Housing Trust

30  Fund pursuant to s. 201.15(10) and the denominator of which is

31  

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 1  the total amount of funds distributed to the Local Government

 2  Housing Trust Fund pursuant to s. 201.15.

 3         (4)  Funds distributed pursuant to this section may not

 4  be pledged to pay debt service on any bonds.

 5         Section 31.  For the purpose of incorporating the

 6  amendments made by this act to section 201.15, Florida

 7  Statutes, in a reference thereto, subsection (7) of section

 8  1013.64, Florida Statutes, is reenacted to read:

 9         1013.64  Funds for comprehensive educational plant

10  needs; construction cost maximums for school district capital

11  projects.--Allocations from the Public Education Capital

12  Outlay and Debt Service Trust Fund to the various boards for

13  capital outlay projects shall be determined as follows:

14         (7)  Moneys distributed to the Public Education Capital

15  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

16  to fund the Classrooms for Kids Program created in s. 1013.735

17  and the High Growth County District Capital Outlay Assistance

18  Grant Program created in s. 1013.738 shall be distributed as

19  provided by those sections.

20         Section 32.  For the purpose of incorporating the

21  amendments made by this act to section 201.15, Florida

22  Statutes, in a reference thereto, subsection (4) of section

23  1013.738, Florida Statutes, is reenacted to read:

24         1013.738  High Growth District Capital Outlay

25  Assistance Grant Program.--

26         (4)  Moneys distributed to the Public Education Capital

27  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

28  for the High Growth District Capital Outlay Assistance Grant

29  Program created in this section shall be distributed as

30  provided by this section.

31  

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 1         Section 33.  Section 196.1978, Florida Statutes, is

 2  amended to read:

 3         196.1978  Affordable housing property

 4  exemption.--Property used to provide affordable housing

 5  serving eligible persons as defined by s. 159.603(7) and

 6  persons meeting income limits specified in s. 420.0004(10) s.

 7  420.0004(9), (11) (10), and (15) (14), which property is owned

 8  entirely by a nonprofit entity which is qualified as

 9  charitable under s. 501(c)(3) of the Internal Revenue Code and

10  which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall

11  be considered property owned by an exempt entity and used for

12  a charitable purpose, and those portions of the affordable

13  housing property which provide housing to individuals with

14  incomes as defined in s. 420.0004(10)(9) and (15)(14) shall be

15  exempt from ad valorem taxation to the extent authorized in s.

16  196.196. All property identified in this section shall comply

17  with the criteria for determination of exempt status to be

18  applied by property appraisers on an annual basis as defined

19  in s. 196.195. The Legislature intends that any property owned

20  by a limited liability company which is disregarded as an

21  entity for federal income tax purposes pursuant to Treasury

22  Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by

23  its sole member.

24         Section 34.  Paragraph (o) of subsection (5) of section

25  212.08, Florida Statutes, is amended to read:

26         212.08  Sales, rental, use, consumption, distribution,

27  and storage tax; specified exemptions.--The sale at retail,

28  the rental, the use, the consumption, the distribution, and

29  the storage to be used or consumed in this state of the

30  following are hereby specifically exempt from the tax imposed

31  by this chapter.

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 1         (5)  EXEMPTIONS; ACCOUNT OF USE.--

 2         (o)  Building materials in redevelopment projects.--

 3         1.  As used in this paragraph, the term:

 4         a.  "Building materials" means tangible personal

 5  property that becomes a component part of a housing project or

 6  a mixed-use project.

 7         b.  "Housing project" means the conversion of an

 8  existing manufacturing or industrial building to housing units

 9  in an urban high-crime area, enterprise zone, empowerment

10  zone, Front Porch Community, designated brownfield area, or

11  urban infill area and in which the developer agrees to set

12  aside at least 20 percent of the housing units in the project

13  for low-income and moderate-income persons or the construction

14  in a designated brownfield area of affordable housing for

15  persons described in s. 420.0004(10), (11), or (15) s.

16  420.0004(9), (10), or (14), or in s. 159.603(7).

17         c.  "Mixed-use project" means the conversion of an

18  existing manufacturing or industrial building to mixed-use

19  units that include artists' studios, art and entertainment

20  services, or other compatible uses. A mixed-use project must

21  be located in an urban high-crime area, enterprise zone,

22  empowerment zone, Front Porch Community, designated brownfield

23  area, or urban infill area, and the developer must agree to

24  set aside at least 20 percent of the square footage of the

25  project for low-income and moderate-income housing.

26         d.  "Substantially completed" has the same meaning as

27  provided in s. 192.042(1).

28         2.  Building materials used in the construction of a

29  housing project or mixed-use project are exempt from the tax

30  imposed by this chapter upon an affirmative showing to the

31  satisfaction of the department that the requirements of this

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 1  paragraph have been met. This exemption inures to the owner

 2  through a refund of previously paid taxes. To receive this

 3  refund, the owner must file an application under oath with the

 4  department which includes:

 5         a.  The name and address of the owner.

 6         b.  The address and assessment roll parcel number of

 7  the project for which a refund is sought.

 8         c.  A copy of the building permit issued for the

 9  project.

10         d.  A certification by the local building code

11  inspector that the project is substantially completed.

12         e.  A sworn statement, under penalty of perjury, from

13  the general contractor licensed in this state with whom the

14  owner contracted to construct the project, which statement

15  lists the building materials used in the construction of the

16  project and the actual cost thereof, and the amount of sales

17  tax paid on these materials. If a general contractor was not

18  used, the owner shall provide this information in a sworn

19  statement, under penalty of perjury. Copies of invoices

20  evidencing payment of sales tax must be attached to the sworn

21  statement.

22         3.  An application for a refund under this paragraph

23  must be submitted to the department within 6 months after the

24  date the project is deemed to be substantially completed by

25  the local building code inspector. Within 30 working days

26  after receipt of the application, the department shall

27  determine if it meets the requirements of this paragraph. A

28  refund approved pursuant to this paragraph shall be made

29  within 30 days after formal approval of the application by the

30  department. The provisions of s. 212.095 do not apply to any

31  refund application made under this paragraph.

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 1         4.  The department shall establish by rule an

 2  application form and criteria for establishing eligibility for

 3  exemption under this paragraph.

 4         5.  The exemption shall apply to purchases of materials

 5  on or after July 1, 2000.

 6         Section 35.  For the purpose of incorporating the

 7  amendments made by this act to section 420.5087, Florida

 8  Statutes, in a reference thereto, subsection (19) of section

 9  420.503, Florida Statutes, is reenacted to read:

10         420.503  Definitions.--As used in this part, the term:

11         (19)  "Housing for the elderly" means, for purposes of

12  s. 420.5087(3)(d), any nonprofit housing community that is

13  financed by a mortgage loan made or insured by the United

14  States Department of Housing and Urban Development under s.

15  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

16  236 of the National Housing Act, as amended, and that is

17  subject to income limitations established by the United States

18  Department of Housing and Urban Development, or any program

19  funded by the Rural Development Agency of the United States

20  Department of Agriculture and subject to income limitations

21  established by the United States Department of Agriculture. A

22  project which qualifies for an exemption under the Fair

23  Housing Act as housing for older persons as defined by s.

24  760.29(4) shall qualify as housing for the elderly for

25  purposes of s. 420.5087(3)(d) and for purposes of any loans

26  made pursuant to s. 420.508.  In addition, if the corporation

27  adopts a qualified allocation plan pursuant to s. 42(m)(1)(B)

28  of the Internal Revenue Code or any other rules that

29  prioritize projects targeting the elderly for purposes of

30  allocating tax credits pursuant to s. 420.5099 or for purposes

31  of the HOME program under s. 420.5089, a project which

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 1  qualifies for an exemption under the Fair Housing Act as

 2  housing for older persons as defined by s. 760.29(4) shall

 3  qualify as a project targeted for the elderly, if the project

 4  satisfies the other requirements set forth in this part.

 5         Section 36.  For the purpose of incorporating the

 6  amendments made by this act to section 420.5088, Florida

 7  Statutes, in a reference thereto, section 420.5061, Florida

 8  Statutes, is reenacted to read:

 9         420.5061  Transfer of agency assets and

10  liabilities.--Effective January 1, 1998, all assets and

11  liabilities and rights and obligations, including any

12  outstanding contractual obligations, of the agency shall be

13  transferred to the corporation as legal successor in all

14  respects to the agency. The corporation shall thereupon become

15  obligated to the same extent as the agency under any existing

16  agreements and be entitled to any rights and remedies

17  previously afforded the agency by law or contract, including

18  specifically the rights of the agency under chapter 201 and

19  part VI of chapter 159. The corporation is a state agency for

20  purposes of s. 159.807(4)(a). Effective January 1, 1998, all

21  references under Florida law to the agency are deemed to mean

22  the corporation. The corporation shall transfer to the General

23  Revenue Fund an amount which otherwise would have been

24  deducted as a service charge pursuant to s. 215.20(1) if the

25  Florida Housing Finance Corporation Fund established by s.

26  420.508(5), the State Apartment Incentive Loan Fund

27  established by s. 420.5087(7), the Florida Homeownership

28  Assistance Fund established by s. 420.5088(5), the HOME

29  Investment Partnership Fund established by s. 420.5089(1), and

30  the Housing Predevelopment Loan Fund established by s.

31  420.525(1) were each trust funds. For purposes of s. 112.313,

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 1  the corporation is deemed to be a continuation of the agency,

 2  and the provisions thereof are deemed to apply as if the same

 3  entity remained in place. Any employees of the agency and

 4  agency board members covered by s. 112.313(9)(a)6. shall

 5  continue to be entitled to the exemption in that subparagraph,

 6  notwithstanding being hired by the corporation or appointed as

 7  board members of the corporation. Effective January 1, 1998,

 8  all state property in use by the agency shall be transferred

 9  to and become the property of the corporation.

10         Section 37.  For the purpose of incorporating the

11  amendments made by this act to section 420.9075, Florida

12  Statutes, in a reference thereto, subsection (25) of section

13  420.9071, Florida Statutes, is reenacted to read:

14         420.9071  Definitions.--As used in ss.

15  420.907-420.9079, the term:

16         (25)  "Recaptured funds" means funds that are recouped

17  by a county or eligible municipality in accordance with the

18  recapture provisions of its local housing assistance plan

19  pursuant to s. 420.9075(4)(g) from eligible persons or

20  eligible sponsors who default on the terms of a grant award or

21  loan award.

22         Section 38.  Sections 420.37 and 420.530, Florida

23  Statutes, are repealed.

24         Section 39.  (1)  The Florida Housing Finance

25  Corporation may provide funds to eligible entities for

26  affordable housing recovery in those counties that were

27  declared eligible for disaster funding after the hurricanes of

28  2004 and 2005, and that sustained housing damage due to those

29  storms. The Florida Housing Finance Corporation shall use data

30  provided by the Federal Emergency Management Agency to assist

31  in its allocation of funds to local jurisdictions. Funds

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 1  available are contingent upon appropriations and shall be

 2  provided to fund the hurricane housing recovery program, the

 3  farmworker housing recovery and the special housing assistance

 4  and development programs, the Florida Housing and Finance

 5  Corporation for the purpose of providing technical and

 6  training assistance, and to the Rental Recovery Loan Program.

 7  To administer these programs, the Florida Housing Finance

 8  Corporation shall be guided by the "Hurricane Housing Work

 9  Group Recommendations to Assist in Florida's Long-Term Housing

10  Recovery Efforts," dated February 16, 2005.

11         (2)  The Florida Housing Finance Corporation may adopt

12  emergency rules pursuant to s. 120.54, Florida Statutes, to

13  administer these programs. The Legislature finds that

14  emergency rules adopted under this section meet the health,

15  safety, and welfare requirements of s. 120.54(4), Florida

16  Statutes, and that such emergency rulemaking power is

17  necessary for the preservation of the rights and welfare of

18  the people to provide additional funds to assist in those

19  counties that were declared eligible for disaster funding

20  pursuant to the hurricanes of 2004 and 2005, and that

21  sustained housing damage due to the storms. Therefore, in

22  adopting the emergency rules, the corporation need not make

23  the findings required by s. 120.54(4)(a), Florida Statutes.

24  Emergency rules adopted under this section are exempt from s.

25  120.54(4)(c), Florida Statutes.

26         Section 40.  The sum of $30 million of nonrecurring

27  funds is appropriated from the Local Government Housing Trust

28  Fund to the Florida Housing Finance Corporation within the

29  Department of Community Affairs for the purpose of

30  implementing the provisions of this act relating to production

31  

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 1  of housing units for extremely-low-income persons during the

 2  2006-2007 fiscal year.

 3         Section 41.  The sum of $50 million of nonrecurring

 4  funds is appropriated from the State Housing Trust Fund to the

 5  Florida Housing Finance Corporation within the Department of

 6  Community Affairs for the purpose of implementing the

 7  provisions of this act relating to the Community Workforce

 8  Housing Innovation Pilot Program during the 2006-2007 fiscal

 9  year.

10         Section 42.  The sum of $76 million of nonrecurring

11  funds is appropriated from the Local Government Housing Trust

12  Fund and $32 million of nonrecurring funds is appropriated

13  from the State Housing Trust Fund to the Florida Housing

14  Finance Corporation within the Department of Community Affairs

15  for the purpose of implementing the provisions of this act

16  relating to hurricane housing recovery during the 2006-2007

17  fiscal year.

18         Section 43.  The sum of $82 million of nonrecurring

19  funds is appropriated from the Florida Small Cities Community

20  Development Block Grant Program Fund to the Department of

21  Community Affairs for the purpose of implementing the

22  provisions of this act relating to hurricane housing recovery

23  during the 2006-2007 fiscal year.

24         Section 44.  The sum of $250,000 of recurring funds and

25  $300,000 of nonrecurring funds is appropriated from the Grants

26  and Donations Trust Fund to the Department of Community

27  Affairs for the purpose of implementing the provisions of this

28  act relating to the Century Commission for a Sustainable

29  Florida during the 2006-2007 fiscal year.

30         Section 45.  Except as otherwise expressly provided in

31  this act, this act shall take effect July 1, 2006.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS Senate Bill 132

 3                                 

 4  
    --   The CS deletes provisions exempting certain manufactured
 5       housing developments from transportation concurrency
         requirements.
 6  
    --   The CS deletes certain provisions relating to the
 7       valuation of affordable housing properties for purposes
         of ad valorem taxation.
 8  
    --   The CS deletes a provision removing the $243 million cap
 9       on distribution of documentary stamp tax revenues to the
         State Housing Trust Fund and the Local Government Housing
10       Trust Fund, which is set to take effect on July 1, 2007.

11  --   The CS deletes several provisions revising the Community
         Contribution Tax Credit Program.
12  
    --   The CS revises certain requirements relating to the
13       granting of a bonus in the substantial deviation
         threshold for developments when a minimum percentage of
14       the increase in the number of dwelling units is dedicated
         to the construction of workforce housing units.
15  
    --   The CS renames the Community Workforce Housing Innovation
16       Program as the Community Workforce Housing Innovation
         Pilot Program and modifies the structure and operation of
17       the pilot program.

18  --   The CS deletes an undesignated appropriation from the
         Local Government Housing Trust Fund for purposes of
19       funding workforce housing assistance for moderate income
         persons in high-cost counties.
20  
    --   The CS deletes a provision providing that mobile home
21       parks are a permittable use in certain land use
         categories under specified conditions.
22  
    --   The CS deletes the Housing Retrofit Hardening Program to
23       provide grants to homeowners for improvements that
         increase the protection of homes built prior to the
24       implementation of the Florida Building Code.

25  --   The CS provides $30 million to the Florida Housing
         Finance Corporation within the Department of Community
26       Affairs for the purpose of implementing the provisions of
         the CS relating to production of housing units for
27       extremely-low-income persons during the 2006-2007 fiscal
         year.
28  
    --   The CS provides $50 million to the Florida Housing
29       Finance Corporation within the Department of Community
         Affairs for the purpose of implementing the provisions of
30       the CS relating to the Community Workforce Housing
         Innovation Pilot Program during the 2006-2007 fiscal
31       year.

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 1  --   The CS provides $76 million from the Local Government
         Housing Trust Fund and $32 million from the State Housing
 2       Trust Fund to the Florida Housing Finance Corporation
         within the Department of Community Affairs for the
 3       purpose of implementing the provisions of the CS relating
         to hurricane housing recovery during the 2006-2007 fiscal
 4       year.

 5  --   The CS provides $82 million from the Florida Small Cities
         Community Development Block Grant Program Fund to the
 6       Department of Community Affairs for the purpose of
         implementing the provisions of the CS relating to
 7       hurricane housing recovery during the 2006-2007 fiscal
         year.
 8  
    --   The CS provides $250,000 of recurring funds and $300,000
 9       of non-recurring funds from the Grants and Donations
         Trust Fund to the Department of Community Affairs for the
10       purpose of implementing the provisions of the CS relating
         to the Century Commission for a Sustainable Florida
11       during the 2006-2007 fiscal year.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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