Amendment
Bill No. 1363

Amendment No. 099179

CHAMBER ACTION
Senate		House
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1	Representative M. Davis offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 125.379, Florida Statutes, is created
6	to read:
7	125.379  Disposition of county property for affordable
8	housing.--
9	(1)  By July 1, 2007, and every 3 years thereafter, each
10	county shall prepare an inventory list of all real property
11	within its jurisdiction to which the county holds fee simple
12	title that is appropriate for use as affordable housing. The
13	inventory list must include the address and legal description of
14	each such real property and specify whether the property is
15	vacant or improved. The governing body of the county must review
16	the inventory list at a public hearing and may revise it at the
17	conclusion of the public hearing. The governing body of the
18	county shall adopt a resolution that includes an inventory list
19	of such property following the public hearing.
20	(2)  The properties identified as appropriate for use as
21	affordable housing on the inventory list adopted by the county
22	may be offered for sale and the proceeds used to purchase land
23	for the development of affordable housing or to increase the
24	local government fund earmarked for affordable housing, or may
25	be sold with a restriction that requires the development of the
26	property as permanent affordable housing, or may be donated to a
27	nonprofit housing organization for the construction of permanent
28	affordable housing. Alternatively, the county may otherwise make
29	the property available for use for the production and
30	preservation of permanent affordable housing. For purposes of
31	this section, the term "affordable" has the same meaning as in
32	s. 420.0004(3).
33	Section 2.  Subsections (1) and (4) and paragraphs (b),
34	(d), (e), and (f) of subsection (2) of section 163.31771,
35	Florida Statutes, are amended, and paragraph (g) is added to
36	subsection (2) of that section, to read:
37	163.31771  Accessory dwelling units.--
38	(1)  The Legislature finds that the median price of homes
39	in this state has increased steadily over the last decade and at
40	a greater rate of increase than the median income in many urban
41	areas. The Legislature finds that the cost of rental housing has
42	also increased steadily and the cost often exceeds an amount
43	that is affordable to extremely-low-income, very-low-income,
44	low-income, or moderate-income persons and has resulted in a
45	critical shortage of affordable rentals in many urban areas in
46	the state. This shortage of affordable rentals constitutes a
47	threat to the health, safety, and welfare of the residents of
48	the state. Therefore, the Legislature finds that it serves an
49	important public purpose to encourage the permitting of
50	accessory dwelling units in single-family residential areas in
51	order to increase the availability of affordable rentals for
52	extremely-low-income, very-low-income, low-income, or moderate-
53	income persons.
54	(2)  As used in this section, the term:
55	(b)  "Affordable rental" means that monthly rent and
56	utilities do not exceed 30 percent of that amount which
57	represents the percentage of the median adjusted gross annual
58	income for extremely-low-income, very-low-income, low-income, or
59	moderate-income persons.
60	(d)  "Low-income persons" has the same meaning as in s.
61	420.0004(10)(9).
62	(e)  "Moderate-income persons" has the same meaning as in
63	s. 420.0004(11)(10).
64	(f)  "Very-low-income persons" has the same meaning as in
65	s. 420.0004(15)(14).
66	(g)  "Extremely-low-income persons" has the same meaning as
67	in s. 420.0004(8).
68	(4)  If the local government adopts an ordinance under this
69	section, an application for a building permit to construct an
70	accessory dwelling unit must include an affidavit from the
71	applicant which attests that the unit will be rented at an
72	affordable rate to an extremely-low-income, a very-low-income,
73	low-income, or moderate-income person or persons.
74	Section 3.  Section 163.31772, Florida Statutes, is created
75	to read:
76	163.31772  Mobile home parks; change in use of land;
77	legislative findings and intent.--
78	(1)  The Legislature finds that:
79	(a)  Mobile home parks provide safe and affordable housing
80	to many residents of this state;
81	(b)  The rising price of real estate in this state is
82	causing significant loss of affordable housing, including mobile
83	home parks;
84	(c)  Some mobile home park residents are being evicted and
85	forced to relocate from their communities due to the change in
86	the use of land from mobile home park rentals to some other use;
87	(d)  The loss of this type of affordable housing is of
88	statewide concern; and
89	(e)  Local governments benefit from the redevelopment of
90	these mobile home parks through increased local and state tax
91	revenues but may not have authority to use all available funding
92	and revenue sources to assist these displaced residents.
93	(2)  It is the intent of the Legislature that local
94	governments and redevelopment agencies assist in the relocation
95	of and the provision of assistance to mobile home owners and are
96	authorized to use all available funding sources to further this
97	intent.
98	(3)  As used in this section, the term:
99	(a)  "Affordable" has the same meaning as provided in s.
100	420.602.
101	(b)  "Community redevelopment agency" has the same meaning
102	as provided in s. 163.340.
103	(c)  "Local government" means a county or municipality.
104	(d)  "Mobile home park" has the same meaning as provided in
105	s. 723.003.
106	(4)  Any local government or community redevelopment agency
107	having jurisdiction over a mobile home park that is being closed
108	due to a change in the use of land may provide financial
109	assistance to any mobile home resident who is displaced as a
110	result of the change in use and who meets the requirements of
111	subsection (5) to:
112	(a)  Assist the homeowner with the cost of relocating his
113	or her home;
114	(b)  Assist the homeowner in purchasing a new manufactured
115	or mobile home if the home he or she is currently occupying is
116	not capable of being moved to another location; and
117	(c)  Assist the homeowner in relocating to any other
118	adequate and suitable housing.
119
120	The financial assistance provided under this subsection to each
121	qualified homeowner shall be made as a supplement to the funds
122	provided to each qualified homeowner under the Florida Mobile
123	Home Relocation Trust Fund.
124	(5)  In order to receive supplemental financial assistance
125	under subsection (4) from the local government or community
126	redevelopment agency, the displaced mobile home owner must
127	qualify as a very-low-income, low-income, or moderate-income
128	person as defined in s. 420.0004.
129
130	Notwithstanding any other provision of law, a local government
131	or community redevelopment agency is authorized, for the
132	purposes described in subsection (4), to use revenues derived
133	from sources that include, but need not be limited to, tax
134	increment financing pursuant to s. 163.387, urban infill and
135	redevelopment funds pursuant to s. 163.2523, general revenue
136	funding, housing loan assistance programs, documentary stamp tax
137	revenues derived from the redevelopment of the property which
138	are available to the local government, and impact and permit
139	fees derived from the redevelopment of the property.
140	(6)  A local government shall take action to permit and
141	approve the rezoning of property for development of new mobile
142	home parks for the purpose of providing new homes or affordable
143	housing or for the relocation of mobile home owners who are
144	displaced by a change in the use of land.
145	(7)  Any local government or community redevelopment agency
146	having jurisdiction over a mobile home park providing affordable
147	housing as defined in this section may enter into a development
148	agreement with the owner of the mobile home park to encourage
149	the continued use of the mobile home park for affordable housing
150	by incentives, including, but not limited to:
151	(a)  Awarding transferable development credits to the
152	community. The Department of Community Affairs shall provide
153	technical assistance to local governments in order to promote
154	the transfer of development rights for mobile home park owners
155	who provide affordable housing. The department may adopt rules
156	pursuant to ss. 120.536(1) and 120.54 to administer this
157	paragraph;
158	(b)  Providing tax incentives, such as property tax
159	abatement, for providing affordable housing; and
160	(c)  Providing housing assistance to the mobile home park
161	owner for the difference between the lot rental amount paid by
162	the homeowners and either the lot rental amount charged in
163	comparable mobile home parks that have similar facilities,
164	services, amenities, and management or based upon the rental
165	value of the property being dedicated to affordable housing
166	based upon the property's fair market value. The Department of
167	Community Affairs shall provide technical assistance to local
168	governments in order to promote housing assistance to mobile
169	home park owners who provide affordable housing in urban areas.
170	The department shall adopt rules pursuant to ss. 120.536(1) and
171	120.54 to administer this paragraph.
172
173	Any development agreement entered into under this subsection
174	shall have a term that does not exceed 10 years.
175	Section 4.  Paragraph (c) of subsection (1) of section
176	163.3187, Florida Statutes, is amended to read:
177	163.3187  Amendment of adopted comprehensive plan.--
178	(1)  Amendments to comprehensive plans adopted pursuant to
179	this part may be made not more than two times during any
180	calendar year, except:
181	(c)  Any local government comprehensive plan amendments
182	directly related to proposed small scale development activities
183	may be approved without regard to statutory limits on the
184	frequency of consideration of amendments to the local
185	comprehensive plan. A small scale development amendment may be
186	adopted only under the following conditions:
187	1.  The proposed amendment involves a use of 10 acres or
188	fewer and:
189	a.  The cumulative annual effect of the acreage for all
190	small scale development amendments adopted by the local
191	government shall not exceed:
192	(I)  A maximum of 120 acres in a local government that
193	contains areas specifically designated in the local
194	comprehensive plan for urban infill, urban redevelopment, or
195	downtown revitalization as defined in s. 163.3164, urban infill
196	and redevelopment areas designated under s. 163.2517,
197	transportation concurrency exception areas approved pursuant to
198	s. 163.3180(5), or regional activity centers and urban central
199	business districts approved pursuant to s. 380.06(2)(e);
200	however, amendments under this paragraph may be applied to no
201	more than 60 acres annually of property outside the designated
202	areas listed in this sub-sub-subparagraph. Amendments adopted
203	pursuant to paragraph (k) shall not be counted toward the
204	acreage limitations for small scale amendments under this
205	paragraph.
206	(II)  A maximum of 80 acres in a local government that does
207	not contain any of the designated areas set forth in sub-sub-
208	subparagraph (I).
209	(III)  A maximum of 120 acres in a county established
210	pursuant to s. 9, Art. VIII of the State Constitution.
211	b.  The proposed amendment does not involve the same
212	property granted a change within the prior 12 months.
213	c.  The proposed amendment does not involve the same
214	owner's property within 200 feet of property granted a change
215	within the prior 12 months.
216	d.  The proposed amendment does not involve a text change
217	to the goals, policies, and objectives of the local government's
218	comprehensive plan, but only proposes a land use change to the
219	future land use map for a site-specific small scale development
220	activity.
221	e.  The property that is the subject of the proposed
222	amendment is not located within an area of critical state
223	concern, unless the project subject to the proposed amendment
224	involves the construction of affordable housing units meeting
225	the criteria of s. 420.0004(3), and is located within an area of
226	critical state concern designated by s. 380.0552 or by the
227	Administration Commission pursuant to s. 380.05(1). Such
228	amendment is not subject to the density limitations of sub-
229	subparagraph f., and shall be reviewed by the state land
230	planning agency for consistency with the principles for guiding
231	development applicable to the area of critical state concern
232	where the amendment is located and shall not become effective
233	until a final order is issued under s. 380.05(6).
234	f.  If the proposed amendment involves a residential land
235	use, the residential land use has a density of 10 units or less
236	per acre or the proposed future land use category allows a
237	maximum residential density of the same or less than the maximum
238	residential density allowable under the existing future land use
239	category, except that this limitation does not apply to small
240	scale amendments involving the construction of affordable
241	housing units meeting the criteria of s. 420.0004(3) on property
242	which will be the subject of a land use restriction agreement or
243	extended use agreement recorded in conjunction with the issuance
244	of tax exempt bond financing or an allocation of federal tax
245	credits issued through the Florida Housing Finance Corporation
246	or a local housing finance authority authorized by the Division
247	of Bond Finance of the State Board of Administration, or small
248	scale amendments described in sub-sub-subparagraph a.(I) that
249	are designated in the local comprehensive plan for urban infill,
250	urban redevelopment, or downtown revitalization as defined in s.
251	163.3164, urban infill and redevelopment areas designated under
252	s. 163.2517, transportation concurrency exception areas approved
253	pursuant to s. 163.3180(5), or regional activity centers and
254	urban central business districts approved pursuant to s.
255	380.06(2)(e).
256	2.a.  A local government that proposes to consider a plan
257	amendment pursuant to this paragraph is not required to comply
258	with the procedures and public notice requirements of s.
259	163.3184(15)(c) for such plan amendments if the local government
260	complies with the provisions in s. 125.66(4)(a) for a county or
261	in s. 166.041(3)(c) for a municipality. If a request for a plan
262	amendment under this paragraph is initiated by other than the
263	local government, public notice is required.
264	b.  The local government shall send copies of the notice
265	and amendment to the state land planning agency, the regional
266	planning council, and any other person or entity requesting a
267	copy. This information shall also include a statement
268	identifying any property subject to the amendment that is
269	located within a coastal high-hazard area as identified in the
270	local comprehensive plan.
271	3.  Small scale development amendments adopted pursuant to
272	this paragraph require only one public hearing before the
273	governing board, which shall be an adoption hearing as described
274	in s. 163.3184(7), and are not subject to the requirements of s.
275	163.3184(3)-(6) unless the local government elects to have them
276	subject to those requirements.
277	4.  If the small scale development amendment involves a
278	site within an area that is designated by the Governor as a
279	rural area of critical economic concern under s. 288.0656(7) for
280	the duration of such designation, the 10-acre limit listed in
281	subparagraph 1. shall be increased by 100 percent to 20 acres.
282	The local government approving the small scale plan amendment
283	shall certify to the Office of Tourism, Trade, and Economic
284	Development that the plan amendment furthers the economic
285	objectives set forth in the executive order issued under s.
286	288.0656(7), and the property subject to the plan amendment
287	shall undergo public review to ensure that all concurrency
288	requirements and federal, state, and local environmental permit
289	requirements are met.
290	Section 5.  Section 166.0451, Florida Statutes, is created
291	to read:
292	166.0451  Disposition of municipal property for affordable
293	housing.--
294	(1)  By July 1, 2007, and every 3 years thereafter, each
295	municipality shall prepare an inventory list of all real
296	property within its jurisdiction to which the municipality holds
297	fee simple title that is appropriate for use as affordable
298	housing. The inventory list must include the address and legal
299	description of each such property and specify whether the
300	property is vacant or improved. The governing body of the
301	municipality must review the inventory list at a public hearing
302	and may revise it at the conclusion of the public hearing.
303	Following the public hearing, the governing body of the
304	municipality shall adopt a resolution that includes an inventory
305	list of such property.
306	(2)  The properties identified as appropriate for use as
307	affordable housing on the inventory list adopted by the
308	municipality may be offered for sale and the proceeds may be
309	used to purchase land for the development of affordable housing
310	or to increase the local government fund earmarked for
311	affordable housing, or may be sold with a restriction that
312	requires the development of the property as permanent affordable
313	housing, or may be donated to a nonprofit housing organization
314	for the construction of permanent affordable housing.
315	Alternatively, the municipality may otherwise make the property
316	available for use for the production and preservation of
317	permanent affordable housing. For purposes of this section, the
318	term "affordable" has the same meaning as in s. 420.0004(3).
319	Section 6.  Subsections (6) and (7) are added to section
320	189.4155, Florida Statutes, to read:
321	189.4155  Activities of special districts; local government
322	comprehensive planning.--
323	(6)  Any independent special district created pursuant to
324	chapter 190 is authorized to provide housing and housing
325	assistance for persons whose total annual household income does
326	not exceed 140 percent of the area median income, adjusted for
327	family size.
328	(7)  Any independent special district created pursuant to
329	special act or general law, including, but not limited to, this
330	chapter and chapter 298, for the purpose of providing urban
331	infrastructure or services is authorized to provide housing and
332	housing assistance for its employed personnel whose total annual
333	household income does not exceed 140 percent of the area median
334	income, adjusted for family size.
335	Section 7.  Subsection (19) is added to section 191.006,
336	Florida Statutes, to read:
337	191.006  General powers.--The district shall have, and the
338	board may exercise by majority vote, the following powers:
339	(19)  To provide housing and housing assistance for its
340	employed personnel whose total annual household income does not
341	exceed 140 percent of the area median income, adjusted for
342	family size.
343	Section 8.  Section 193.018, Florida Statutes, is created
344	to read:
345	193.018  The Manny Diaz Affordable Housing Property Tax
346	Relief Initiative.--For the purpose of assessing just valuation
347	of affordable housing properties serving persons with income
348	limits defined as extremely-low, low, moderate, and very-low, as
349	specified in s. 420.0004(8), (10), (11), and (15), the actual
350	rental income from rent-restricted units in such a property
351	shall be considered by the property appraiser for assessment
352	purposes, and a rental income approach pursuant to s. 193.011(7)
353	may be used for assessment of the following affordable housing
354	properties:
355	(1)  Property that is funded by the United States
356	Department of Housing and Urban Development under s. 8 of the
357	United States Housing Act of 1937 that is used to provide
358	affordable housing serving eligible persons as defined by s.
359	159.603(7) and elderly persons, extremely-low-income persons,
360	and very-low-income persons as defined by s. 420.0004(7), (8),
361	and (15) and that has undergone financial restructuring as
362	provided in s. 501, Title V, Subtitle A of the Multifamily
363	Assisted Housing Reform and Affordability Act of 1997;
364	(2)  Multifamily, farmworker, or elderly rental properties
365	that are funded by the Florida Housing Finance Corporation under
366	ss. 420.5087 and 420.5089 and the State Housing Initiatives
367	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
368	the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment
369	Partnership Program under the Cranston-Gonzalez National
370	Affordable Housing Act, 42 U.S.C. ss. 12741 et seq.; or the
371	Federal Home Loan Banks' Affordable Housing Program established
372	pursuant to the Financial Institutions Reform, Recovery and
373	Enforcement Act of 1989, Pub. L. No. 101-73; or
374	(3)  Multifamily residential rental properties of 10 or
375	more units that are deed restricted as affordable housing and
376	certified by the local housing agency as having at least 95
377	percent of its units providing affordable housing to extremely-
378	low-income persons, very-low-income persons, low-income persons,
379	and moderate-income persons as defined by s. 420.0004(8), (15),
380	(10), and (11).
381	Section 9.  Section 196.1978, Florida Statutes, is amended
382	to read:
383	196.1978  Affordable housing property exemption.--
384	(1)  Property used to provide affordable housing serving
385	eligible persons as defined by s. 159.603(7) and persons meeting
386	income limits specified in s. 420.0004(8), (10)(9), (11)(10),
387	and (15)(14), which property is owned entirely by a nonprofit
388	entity which is qualified as charitable under s. 501(c)(3) of
389	the Internal Revenue Code and which complies with Rev. Proc. 96-
390	32, 1996-1 C.B. 717, shall be considered property owned by an
391	exempt entity and used for a charitable purpose, and those
392	portions of the affordable housing property which provide
393	housing to individuals with incomes as defined in s.
394	420.0004(8), (10), (9) and (15)(14) shall be exempt from ad
395	valorem taxation to the extent authorized in s. 196.196.
396	(2)  For the purposes of this section, ownership entirely
397	by a nonprofit entity is classified as ownership by either:
398	(a)  A corporation not for profit; or
399	(b)  A Florida limited partnership the sole general partner
400	of which is either a corporation not for profit or a Florida
401	limited liability company or corporation the sole member or
402	shareholder, respectively, of which is a corporation not for
403	profit.
404	(3)  All property owned by a nonprofit entity identified in
405	this section shall comply with the criteria for determination of
406	exempt status to be applied by property appraisers on an annual
407	basis as defined in s. 196.195. In order to qualify for exempt
408	status, the nonprofit entity must affirmatively demonstrate to
409	the property appraiser that no part of the subject property, or
410	the sale, lease, or other disposition of the assets of the
411	property, will inure to the benefit of its member, officers,
412	limited liability partners, or any person or firm operating for
413	profit or for a nonexempt purpose. The Legislature intends that
414	any property owned by a limited liability company which is
415	disregarded as an entity for federal income tax purposes
416	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
417	treated as owned by its sole member.
418	Section 10.  Paragraphs (o) and (q) of subsection (5) of
419	section 212.08, Florida Statutes, are amended to read:
420	212.08  Sales, rental, use, consumption, distribution, and
421	storage tax; specified exemptions.--The sale at retail, the
422	rental, the use, the consumption, the distribution, and the
423	storage to be used or consumed in this state of the following
424	are hereby specifically exempt from the tax imposed by this
425	chapter.
426	(5)  EXEMPTIONS; ACCOUNT OF USE.--
427	(o)  Building materials in redevelopment projects.--
428	1.  As used in this paragraph, the term:
429	a.  "Building materials" means tangible personal property
430	that becomes a component part of a housing project or a mixed-
431	use project.
432	b.  "Housing project" means the conversion of an existing
433	manufacturing or industrial building to housing units in an
434	urban high-crime area, enterprise zone, empowerment zone, Front
435	Porch Community, designated brownfield area, or urban infill
436	area and in which the developer agrees to set aside at least 20
437	percent of the housing units in the project for extremely-low-
438	income, very-low-income, low-income, and moderate-income persons
439	or the construction in a designated brownfield area of
440	affordable housing for persons described in s. 420.0004(8)(9),
441	(10), (11), or (15)(14), or in s. 159.603(7).
442	c.  "Mixed-use project" means the conversion of an existing
443	manufacturing or industrial building to mixed-use units that
444	include artists' studios, art and entertainment services, or
445	other compatible uses. A mixed-use project must be located in an
446	urban high-crime area, enterprise zone, empowerment zone, Front
447	Porch Community, designated brownfield area, or urban infill
448	area, and the developer must agree to set aside at least 20
449	percent of the square footage of the project for low-income and
450	moderate-income housing.
451	d.  "Substantially completed" has the same meaning as
452	provided in s. 192.042(1).
453	2.  Building materials used in the construction of a
454	housing project or mixed-use project are exempt from the tax
455	imposed by this chapter upon an affirmative showing to the
456	satisfaction of the department that the requirements of this
457	paragraph have been met. This exemption inures to the owner
458	through a refund of previously paid taxes. To receive this
459	refund, the owner must file an application under oath with the
460	department which includes:
461	a.  The name and address of the owner.
462	b.  The address and assessment roll parcel number of the
463	project for which a refund is sought.
464	c.  A copy of the building permit issued for the project.
465	d.  A certification by the local building code inspector
466	that the project is substantially completed.
467	e.  A sworn statement, under penalty of perjury, from the
468	general contractor licensed in this state with whom the owner
469	contracted to construct the project, which statement lists the
470	building materials used in the construction of the project and
471	the actual cost thereof, and the amount of sales tax paid on
472	these materials. If a general contractor was not used, the owner
473	shall provide this information in a sworn statement, under
474	penalty of perjury. Copies of invoices evidencing payment of
475	sales tax must be attached to the sworn statement.
476	3.  An application for a refund under this paragraph must
477	be submitted to the department within 6 months after the date
478	the project is deemed to be substantially completed by the local
479	building code inspector. Within 30 working days after receipt of
480	the application, the department shall determine if it meets the
481	requirements of this paragraph. A refund approved pursuant to
482	this paragraph shall be made within 30 days after formal
483	approval of the application by the department. The provisions of
484	s. 212.095 do not apply to any refund application made under
485	this paragraph.
486	4.  The department shall establish by rule an application
487	form and criteria for establishing eligibility for exemption
488	under this paragraph.
489	5.  The exemption shall apply to purchases of materials on
490	or after July 1, 2000.
491	(q)  Community contribution tax credit for donations.--
492	1.  Authorization.--Beginning July 1, 2001, Persons who are
493	registered with the department under s. 212.18 to collect or
494	remit sales or use tax and who make donations to eligible
495	sponsors are eligible for tax credits against their state sales
496	and use tax liabilities as provided in this paragraph:
497	a.  The credit shall be computed as 50 percent of the
498	person's approved annual community contribution.;
499	b.  The credit shall be granted as a refund against state
500	sales and use taxes reported on returns and remitted in the 12
501	months preceding the date of application to the department for
502	the credit as required in sub-subparagraph 3.c. If the annual
503	credit is not fully used through such refund because of
504	insufficient tax payments during the applicable 12-month period,
505	the unused amount may be included in an application for a refund
506	made pursuant to sub-subparagraph 3.c. in subsequent years
507	against the total tax payments made for such year. Carryover
508	credits may be applied for a 3-year period without regard to any
509	time limitation that would otherwise apply under s. 215.26.;
510	c.  A person may not receive more than $200,000 in annual
511	tax credits for all approved community contributions made in any
512	one year.;
513	d.  All proposals for the granting of the tax credit
514	require the prior approval of the Office of Tourism, Trade, and
515	Economic Development.;
516	e.  The total amount of tax credits which may be granted
517	for all programs approved under this paragraph, s. 220.183, and
518	s. 624.5105 is $10 $12 million annually for projects that
519	provide homeownership opportunities for extremely-low-income
520	persons, as defined in s. 420.0004(8), or low-income or very-
521	low-income persons, as defined in s. 420.9071(19) and (28), and
522	$3 million annually for all other projects.; and
523	f.  A person who is eligible to receive the credit provided
524	for in this paragraph, s. 220.183, or s. 624.5105 may receive
525	the credit only under the one section of the person's choice.
526	2.  Eligibility requirements.--
527	a.  A community contribution by a person must be in the
528	following form:
529	(I)  Cash or other liquid assets;
530	(II)  Real property;
531	(III)  Goods or inventory; or
532	(IV)  Other physical resources as identified by the Office
533	of Tourism, Trade, and Economic Development.
534	b.  All community contributions must be reserved
535	exclusively for use in a project. As used in this sub-
536	subparagraph, the term "project" means any activity undertaken
537	by an eligible sponsor which is designed to construct, improve,
538	or substantially rehabilitate housing that is affordable to
539	extremely-low-income persons, as defined in s. 420.0004(8), or
540	low-income or very-low-income households, as defined in s.
541	420.9071(19) and (28); designed to provide commercial,
542	industrial, or public resources and facilities; or designed to
543	improve entrepreneurial and job-development opportunities for
544	low-income persons. A project may be the investment necessary to
545	increase access to high-speed broadband capability in rural
546	communities with enterprise zones, including projects that
547	result in improvements to communications assets that are owned
548	by a business. A project may include the provision of museum
549	educational programs and materials that are directly related to
550	any project approved between January 1, 1996, and December 31,
551	1999, and located in an enterprise zone designated pursuant to
552	s. 290.0065. This paragraph does not preclude projects that
553	propose to construct or rehabilitate housing for extremely-low-
554	income, low-income or very-low-income households on scattered
555	sites. With respect to housing, contributions may be used to pay
556	the following eligible extremely-low-income, low-income and
557	very-low-income housing-related activities:
558	(I)  Project development impact and management fees for
559	extremely-low-income, low-income, or very-low-income housing
560	projects;
561	(II)  Down payment and closing costs for eligible persons,
562	as defined in ss. s. 420.9071(19) and (28) and 420.0004(8);
563	(III)  Administrative costs, including housing counseling
564	and marketing fees, not to exceed 10 percent of the community
565	contribution, directly related to extremely-low-income, low-
566	income, or very-low-income projects; and
567	(IV)  Removal of liens recorded against residential
568	property by municipal, county, or special district local
569	governments when satisfaction of the lien is a necessary
570	precedent to the transfer of the property to an eligible person,
571	as defined in ss. s. 420.9071(19) and (28) and 420.0004(8), for
572	the purpose of promoting home ownership. Contributions for lien
573	removal must be received from a nonrelated third party.
574	c.  The project must be undertaken by an "eligible
575	sponsor," which includes:
576	(I)  A community action program;
577	(II)  A nonprofit community-based development organization
578	whose mission is the provision of housing for extremely-low-
579	income, low-income, or very-low-income households or increasing
580	entrepreneurial and job-development opportunities for low-income
581	persons;
582	(III)  A neighborhood housing services corporation;
583	(IV)  A local housing authority created under chapter 421;
584	(V)  A community redevelopment agency created under s.
585	163.356;
586	(VI)  The Florida Industrial Development Corporation;
587	(VII)  A historic preservation district agency or
588	organization;
589	(VIII)  A regional workforce board;
590	(IX)  A direct-support organization as provided in s.
591	1009.983;
592	(X)  An enterprise zone development agency created under s.
593	290.0056;
594	(XI)  A community-based organization incorporated under
595	chapter 617 which is recognized as educational, charitable, or
596	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
597	and whose bylaws and articles of incorporation include
598	affordable housing, economic development, or community
599	development as the primary mission of the corporation;
600	(XII)  Units of local government;
601	(XIII)  Units of state government; or
602	(XIV)  Any other agency that the Office of Tourism, Trade,
603	and Economic Development designates by rule.
604
605	In no event may a contributing person have a financial interest
606	in the eligible sponsor.
607	d.  The project must be located in an area designated an
608	enterprise zone or a Front Porch Florida Community pursuant to
609	s. 20.18(6), unless the project increases access to high-speed
610	broadband capability for rural communities with enterprise zones
611	but is physically located outside the designated rural zone
612	boundaries. Any project designed to construct or rehabilitate
613	housing for low-income, or very-low-income, or extremely-low-
614	income households as defined in ss. s. 420.0971(19) and (28) and
615	420.0004(8) is exempt from the area requirement of this sub-
616	subparagraph.
617	e.(I)  For the first 6 months of the fiscal year, the
618	Office of Tourism, Trade, and Economic Development shall reserve
619	80 percent of the first $10 million in available annual tax
620	credits and 70 percent of any available annual tax credits in
621	excess of $10 million for donations made to eligible sponsors
622	for projects that provide homeownership opportunities for low-
623	income or very-low-income households as defined in s.
624	420.9071(19) and (28). If any such reserved annual tax credits
625	remain after the first 6 months of the fiscal year, the office
626	may approve the balance of these available credits for donations
627	made to eligible sponsors for projects other than those that
628	provide homeownership opportunities for low-income or very-low-
629	income households.
630	(II)  For the first 6 months of the fiscal year, the office
631	shall reserve 20 percent of the first $10 million in available
632	annual tax credits and 30 percent of any available annual tax
633	credits in excess of $10 million for donations made to eligible
634	sponsors for projects other than those that provide
635	homeownership opportunities for low-income or very-low-income
636	households as defined in s. 420.9071(19) and (28). If any
637	reserved annual tax credits remain after the first 6 months of
638	the fiscal year, the office may approve the balance of these
639	available credits for donations made to eligible sponsors for
640	projects that provide homeownership opportunities for low-income
641	or very-low-income households.
642	(III)  If, during the first 10 business days of the state
643	fiscal year, eligible tax credit applications for projects that
644	provide homeownership opportunities for extremely-low-income
645	persons, as defined in s. 420.0004(8), or low-income or very-
646	low-income persons, as defined in s. 420.9071(19) and (28), are
647	received for less than the available annual tax credits
648	available for those projects reserved under sub-sub-subparagraph
649	(I), the office shall grant tax credits for those applications
650	and shall grant remaining tax credits on a first-come, first-
651	served basis for any subsequent eligible applications received
652	before the end of the first 6 months of the state fiscal year.
653	If, during the first 10 business days of the state fiscal year,
654	eligible tax credit applications for projects that provide
655	homeownership opportunities for extremely-low-income persons, as
656	defined in s. 420.0004(8), or low-income or very-low-income
657	persons, as defined in s. 420.9071(19) and (28), are received
658	for more than the available annual tax credits available for
659	those projects reserved under sub-sub-subparagraph (I), the
660	office shall grant the tax credits for those the applications as
661	follows:
662	(A)  If tax credit applications submitted for approved
663	projects of an eligible sponsor do not exceed $200,000 in total,
664	the credits shall be granted in full if the tax credit
665	applications are approved, subject to sub-sub-subparagraph (I).
666	(B)  If tax credit applications submitted for approved
667	projects of an eligible sponsor exceed $200,000 in total, the
668	amount of tax credits granted pursuant to sub-sub-sub-
669	subparagraph (A) shall be subtracted from the amount of
670	available tax credits under sub-sub-subparagraph (I), and the
671	remaining credits shall be granted to each approved tax credit
672	application on a pro rata basis.
673	(C)  If, after the first 6 months of the fiscal year,
674	additional credits become available under sub-sub-subparagraph
675	(II), the office shall grant the tax credits by first granting
676	to those who received a pro rata reduction up to the full amount
677	of their request and, if there are remaining credits, granting
678	credits to those who applied on or after the 11th business day
679	of the state fiscal year on a first-come, first-served basis.
680	(II)(IV)  If, during the first 10 business days of the
681	state fiscal year, eligible tax credit applications for projects
682	other than those that provide homeownership opportunities for
683	extremely-low-income persons, as defined in s. 420.0004(8), or
684	low-income or very-low-income persons, as defined in s.
685	420.9071(19) and (28), are received for less than the available
686	annual tax credits available for those projects reserved under
687	sub-sub-subparagraph (II), the office shall grant tax credits
688	for those applications and shall grant remaining tax credits on
689	a first-come, first-served basis for any subsequent eligible
690	applications received before the end of the first 6 months of
691	the state fiscal year. If, during the first 10 business days of
692	the state fiscal year, eligible tax credit applications for
693	projects other than those that provide homeownership
694	opportunities for extremely-low-income persons, as defined in s.
695	420.0004(8), or low-income or very-low-income persons, as
696	defined in s. 420.9071(19) and (28), are received for more than
697	the available annual tax credits available for those projects
698	reserved under sub-sub-subparagraph (II), the office shall grant
699	the tax credits for those the applications on a pro rata basis.
700	If, after the first 6 months of the fiscal year, additional
701	credits become available under sub-sub-subparagraph (I), the
702	office shall grant the tax credits by first granting to those
703	who received a pro rata reduction up to the full amount of their
704	request and, if there are remaining credits, granting credits to
705	those who applied on or after the 11th business day of the state
706	fiscal year on a first-come, first-served basis.
707	3.  Application requirements.--
708	a.  Any eligible sponsor seeking to participate in this
709	program must submit a proposal to the Office of Tourism, Trade,
710	and Economic Development which sets forth the name of the
711	sponsor, a description of the project, and the area in which the
712	project is located, together with such supporting information as
713	is prescribed by rule. The proposal must also contain a
714	resolution from the local governmental unit in which the project
715	is located certifying that the project is consistent with local
716	plans and regulations.
717	b.  Any person seeking to participate in this program must
718	submit an application for tax credit to the office of Tourism,
719	Trade, and Economic Development which sets forth the name of the
720	sponsor, a description of the project, and the type, value, and
721	purpose of the contribution. The sponsor shall verify the terms
722	of the application and indicate its receipt of the contribution,
723	which verification must be in writing and accompany the
724	application for tax credit. The person must submit a separate
725	tax credit application to the office for each individual
726	contribution that it makes to each individual project.
727	c.  Any person who has received notification from the
728	office of Tourism, Trade, and Economic Development that a tax
729	credit has been approved must apply to the department to receive
730	the refund. Application must be made on the form prescribed for
731	claiming refunds of sales and use taxes and be accompanied by a
732	copy of the notification. A person may submit only one
733	application for refund to the department within any 12-month
734	period.
735	4.  Administration.--
736	a.  The Office of Tourism, Trade, and Economic Development
737	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
738	to administer this paragraph, including rules for the approval
739	or disapproval of proposals by a person.
740	b.  The decision of the office of Tourism, Trade, and
741	Economic Development must be in writing, and, if approved, the
742	notification shall state the maximum credit allowable to the
743	person. Upon approval, the office shall transmit a copy of the
744	decision to the Department of Revenue.
745	c.  The office of Tourism, Trade, and Economic Development
746	shall periodically monitor all projects in a manner consistent
747	with available resources to ensure that resources are used in
748	accordance with this paragraph; however, each project must be
749	reviewed at least once every 2 years.
750	d.  The office of Tourism, Trade, and Economic Development
751	shall, in consultation with the Department of Community Affairs,
752	the Florida Housing Finance Corporation, and the statewide and
753	regional housing and financial intermediaries, market the
754	availability of the community contribution tax credit program to
755	community-based organizations.
756	5.  Expiration.--This paragraph expires June 30, 2015;
757	however, any accrued credit carryover that is unused on that
758	date may be used until the expiration of the 3-year carryover
759	period for such credit.
760	Section 11.  Paragraph (c) of subsection (1) and paragraph
761	(b) of subsection (2) of section 220.183, Florida Statutes, are
762	amended to read:
763	220.183  Community contribution tax credit.--
764	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
765	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
766	SPENDING.--
767	(c)  The total amount of tax credit which may be granted
768	for all programs approved under this section, s. 212.08(5)(q),
769	and s. 624.5105 is $10 $12 million annually for projects that
770	provide homeownership opportunities for extremely-low-income
771	persons, as defined in s. 420.0004(8), or low-income or very-
772	low-income persons, as defined in s. 420.9071(19) and (28), and
773	$3 million annually for all other projects.
774	(2)  ELIGIBILITY REQUIREMENTS.--
775	(b)1.  All community contributions must be reserved
776	exclusively for use in projects as defined in s. 220.03(1)(t).
777	2.  For the first 6 months of the fiscal year, the Office
778	of Tourism, Trade, and Economic Development shall reserve 80
779	percent of the first $10 million in available annual tax
780	credits, and 70 percent of any available annual tax credits in
781	excess of $10 million, for donations made to eligible sponsors
782	for projects that provide homeownership opportunities for low-
783	income or very-low-income households as defined in s.
784	420.9071(19) and (28). If any reserved annual tax credits remain
785	after the first 6 months of the fiscal year, the office may
786	approve the balance of these available credits for donations
787	made to eligible sponsors for projects other than those that
788	provide homeownership opportunities for low-income or very-low-
789	income households.
790	3.  For the first 6 months of the fiscal year, the office
791	shall reserve 20 percent of the first $10 million in available
792	annual tax credits, and 30 percent of any available annual tax
793	credits in excess of $10 million, for donations made to eligible
794	sponsors for projects other than those that provide
795	homeownership opportunities for low-income or very-low-income
796	households as defined in s. 420.9071(19) and (28). If any
797	reserved annual tax credits remain after the first 6 months of
798	the fiscal year, the office may approve the balance of these
799	available credits for donations made to eligible sponsors for
800	projects that provide homeownership opportunities for low-income
801	or very-low-income households.
802	2.4.  If, during the first 10 business days of the state
803	fiscal year, eligible tax credit applications for projects that
804	provide homeownership opportunities for extremely-low-income
805	persons, as defined in s. 420.0004(8), or low-income or very-
806	low-income persons, as defined in s. 420.9071(19) and (28), are
807	received for less than the available annual tax credits
808	available for those projects reserved under subparagraph 2., the
809	office shall grant tax credits for those applications and shall
810	grant remaining tax credits on a first-come, first-served basis
811	for any subsequent eligible applications received before the end
812	of the first 6 months of the state fiscal year. If, during the
813	first 10 business days of the state fiscal year, eligible tax
814	credit applications for projects that provide homeownership
815	opportunities for extremely-low-income persons, as defined in s.
816	420.0004(8), or low-income or very-low-income persons, as
817	defined in s. 420.9071(19) and (28), are received for more than
818	the available annual tax credits available for those projects
819	reserved under subparagraph 2., the office shall grant the tax
820	credits for those such applications as follows:
821	a.  If tax credit applications submitted for approved
822	projects of an eligible sponsor do not exceed $200,000 in total,
823	the credit shall be granted in full if the tax credit
824	applications are approved, subject to the provisions of
825	subparagraph 2.
826	b.  If tax credit applications submitted for approved
827	projects of an eligible sponsor exceed $200,000 in total, the
828	amount of tax credits granted under sub-subparagraph a. shall be
829	subtracted from the amount of available tax credits under
830	subparagraph 2., and the remaining credits shall be granted to
831	each approved tax credit application on a pro rata basis.
832	c.  If, after the first 6 months of the fiscal year,
833	additional credits become available pursuant to subparagraph 3.,
834	the office shall grant the tax credits by first granting to
835	those who received a pro rata reduction up to the full amount of
836	their request and, if there are remaining credits, granting
837	credits to those who applied on or after the 11th business day
838	of the state fiscal year on a first-come, first-served basis.
839	3.5.  If, during the first 10 business days of the state
840	fiscal year, eligible tax credit applications for projects other
841	than those that provide homeownership opportunities for
842	extremely-low-income persons, as defined in s. 420.0004(8), or
843	low-income or very-low-income persons, as defined in s.
844	420.9071(19) and (28), are received for less than the available
845	annual tax credits available for those projects reserved under
846	subparagraph 3., the office shall grant tax credits for those
847	applications and shall grant remaining tax credits on a first-
848	come, first-served basis for any subsequent eligible
849	applications received before the end of the first 6 months of
850	the state fiscal year. If, during the first 10 business days of
851	the state fiscal year, eligible tax credit applications for
852	projects other than those that provide homeownership
853	opportunities for extremely-low-income persons, as defined in s.
854	420.0004(8), or low-income or very-low-income persons, as
855	defined in s. 420.9071(19) and (28), are received for more than
856	the available annual tax credits available for those projects
857	reserved under subparagraph 3., the office shall grant the tax
858	credits for those such applications on a pro rata basis. If,
859	after the first 6 months of the fiscal year, additional credits
860	become available under subparagraph 2., the office shall grant
861	the tax credits by first granting to those who received a pro
862	rata reduction up to the full amount of their request and, if
863	there are remaining credits, granting credits to those who
864	applied on or after the 11th business day of the state fiscal
865	year on a first-come, first-served basis.
866	Section 12.  Paragraph (f) of subsection (6) of section
867	253.034, Florida Statutes, is amended to read:
868	253.034  State-owned lands; uses.--
869	(6)  The Board of Trustees of the Internal Improvement
870	Trust Fund shall determine which lands, the title to which is
871	vested in the board, may be surplused. For conservation lands,
872	the board shall make a determination that the lands are no
873	longer needed for conservation purposes and may dispose of them
874	by an affirmative vote of at least three members. In the case of
875	a land exchange involving the disposition of conservation lands,
876	the board must determine by an affirmative vote of at least
877	three members that the exchange will result in a net positive
878	conservation benefit. For all other lands, the board shall make
879	a determination that the lands are no longer needed and may
880	dispose of them by an affirmative vote of at least three
881	members.
882	(f)1.  In reviewing lands owned by the board, the council
883	shall consider whether such lands would be more appropriately
884	owned or managed by the county or other unit of local government
885	in which the land is located. The council shall recommend to the
886	board whether a sale, lease, or other conveyance to a local
887	government would be in the best interests of the state and local
888	government. The provisions of this paragraph in no way limit the
889	provisions of ss. 253.111 and 253.115. Such lands shall be
890	offered to the state, county, or local government for a period
891	of 30 days. Permittable uses for such surplus lands may include
892	public schools; public libraries; fire or law enforcement
893	substations; and governmental, judicial, or recreational
894	centers; and affordable housing meeting the criteria of s.
895	420.0004(3). County or local government requests for surplus
896	lands shall be expedited throughout the surplusing process. If
897	the county or local government does not elect to purchase such
898	lands in accordance with s. 253.111, then any surplusing
899	determination involving other governmental agencies shall be
900	made upon the board deciding the best public use of the lands.
901	Surplus properties in which governmental agencies have expressed
902	no interest shall then be available for sale on the private
903	market.
904	2.  Notwithstanding subparagraph 1., any surplus lands that
905	were acquired by the state prior to 1958 by a gift or other
906	conveyance for no consideration from a municipality, and which
907	the department has filed by July 1, 2006, a notice of its intent
908	to surplus, shall be first offered for reconveyance to such
909	municipality at no cost, but for the fair market value of any
910	building or other improvements to the land, unless otherwise
911	provided in a deed restriction of record. This subparagraph
912	expires July 1, 2006.
913	Section 13.  Section 253.0341, Florida Statutes, is amended
914	to read:
915	253.0341  Surplus of state-owned lands to counties or local
916	governments.--Counties and local governments may submit
917	surplusing requests for state-owned lands directly to the board
918	of trustees. County or local government requests for the state
919	to surplus conservation or nonconservation lands, whether for
920	purchase or exchange, shall be expedited throughout the
921	surplusing process. Property jointly acquired by the state and
922	other entities shall not be surplused without the consent of all
923	joint owners.
924	(1)  The decision to surplus state-owned nonconservation
925	lands may be made by the board without a review of, or a
926	recommendation on, the request from the Acquisition and
927	Restoration Council or the Division of State Lands. Such
928	requests for nonconservation lands shall be considered by the
929	board within 60 days of the board's receipt of the request.
930	(2)  County or local government requests for the surplusing
931	of state-owned conservation lands are subject to review of, and
932	recommendation on, the request to the board by the Acquisition
933	and Restoration Council. Requests to surplus conservation lands
934	shall be considered by the board within 120 days of the board's
935	receipt of the request.
936	(3)  A local government may request that state lands be
937	specifically declared surplus lands for the purpose of providing
938	affordable housing. The request shall comply with the
939	requirements of subsection (1) if the lands are nonconservation
940	lands or subsection (2) if the lands are conservation lands.
941	Surplus lands that are conveyed to a local government for
942	affordable housing shall be disposed of by the local government
943	under the provisions of s. 125.379 or s. 166.0451.
944	Section 14.  Section 295.16, Florida Statutes, is amended
945	to read:
946	295.16  Disabled veterans exempt from certain license or
947	permit fee.--No totally and permanently disabled veteran who is
948	a resident of Florida and honorably discharged from the Armed
949	Forces, who has been issued a valid identification card by the
950	Department of Veterans' Affairs in accordance with s. 295.17 or
951	has been determined by the United States Department of Veterans
952	Affairs or its predecessor to have a service-connected 100-
953	percent disability rating for compensation, or who has been
954	determined to have a service-connected disability rating of 100
955	percent and is in receipt of disability retirement pay from any
956	branch of the uniformed armed services, shall be required to pay
957	any license or permit fee, by whatever name known, to any county
958	or municipality in order to make improvements upon a dwelling
959	mobile home owned by the veteran which is used as the veteran's
960	residence, provided such improvements are limited to ramps,
961	widening of doors, and similar improvements for the purpose of
962	making the dwelling mobile home habitable for veterans confined
963	to wheelchairs.
964	Section 15.  Subsection (13) is added to section 376.30781,
965	Florida Statutes, to read:
966	376.30781  Partial tax credits for rehabilitation of
967	drycleaning-solvent-contaminated sites and brownfield sites in
968	designated brownfield areas; application process; rulemaking
969	authority; revocation authority.--
970	(13)  An applicant that provides affordable housing meeting
971	the criteria of s. 420.0004(3) shall be considered eligible for
972	funding under this section if the applicant can certify that it
973	is a corporate affiliate or a subsidiary of a corporate parent,
974	that it has an agreement with the party that entered into a
975	voluntary cleanup agreement with the Department of Environmental
976	Protection for a drycleaning-solvent-contaminated site or a
977	brownfield site, or that it has a Brownfield Site Rehabilitation
978	Agreement. If the applicant can certify that it qualifies for
979	funding through such certification but has been denied tax
980	credits in the previous year, the applicant may reapply in the
981	following year one time for the total amount of credits that
982	were denied.
983	Section 16.  Paragraphs (b) and (e) of subsection (19) of
984	section 380.06, Florida Statutes, are amended, and paragraph (i)
985	is added to that subsection, to read:
986	380.06  Developments of regional impact.--
987	(19)  SUBSTANTIAL DEVIATIONS.--
988	(b)  Any proposed change to a previously approved
989	development of regional impact or development order condition
990	which, either individually or cumulatively with other changes,
991	exceeds any of the following criteria shall constitute a
992	substantial deviation and shall cause the development to be
993	subject to further development-of-regional-impact review without
994	the necessity for a finding of same by the local government:
995	1.  An increase in the number of parking spaces at an
996	attraction or recreational facility by 5 percent or 300 spaces,
997	whichever is greater, or an increase in the number of spectators
998	that may be accommodated at such a facility by 5 percent or
999	1,000 spectators, whichever is greater.
1000	2.  A new runway, a new terminal facility, a 25-percent
1001	lengthening of an existing runway, or a 25-percent increase in
1002	the number of gates of an existing terminal, but only if the
1003	increase adds at least three additional gates.
1004	3.  An increase in the number of hospital beds by 5 percent
1005	or 60 beds, whichever is greater.
1006	4.  An increase in industrial development area by 5 percent
1007	or 32 acres, whichever is greater.
1008	5.  An increase in the average annual acreage mined by 5
1009	percent or 10 acres, whichever is greater, or an increase in the
1010	average daily water consumption by a mining operation by 5
1011	percent or 300,000 gallons, whichever is greater. An increase in
1012	the size of the mine by 5 percent or 750 acres, whichever is
1013	less. An increase in the size of a heavy mineral mine as defined
1014	in s. 378.403(7) will only constitute a substantial deviation if
1015	the average annual acreage mined is more than 500 acres and
1016	consumes more than 3 million gallons of water per day.
1017	6.  An increase in land area for office development by 5
1018	percent or an increase of gross floor area of office development
1019	by 5 percent or 60,000 gross square feet, whichever is greater.
1020	7.  An increase in the storage capacity for chemical or
1021	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1022	million pounds, whichever is greater.
1023	8.  An increase of development at a waterport of wet
1024	storage for 20 watercraft, dry storage for 30 watercraft, or
1025	wet/dry storage for 60 watercraft in an area identified in the
1026	state marina siting plan as an appropriate site for additional
1027	waterport development or a 5-percent increase in watercraft
1028	storage capacity, whichever is greater.
1029	9.  An increase in the number of dwelling units by 5
1030	percent or 50 dwelling units, whichever is greater.
1031	10.  An increase in the number of dwelling units by 50
1032	percent, or 200 units, whichever is greater, provided that 15
1033	percent of the proposed additional dwelling units are dedicated
1034	to affordable workforce housing, subject to a recorded land use
1035	restriction that shall be for a period of not less than 20 years
1036	and that includes resale provisions to ensure long-term
1037	affordability for income-eligible homeowners and renters and
1038	provisions for the workforce housing to be commenced prior to
1039	the completion of 50 percent of the market rate dwelling. For
1040	purposes of this subparagraph, the term "affordable workforce
1041	housing" means housing that is affordable to a person who earns
1042	less than 120 percent of the area median income, or less than
1043	140 percent of the area median income if located in a county in
1044	which the median purchase price for a single-family existing
1045	home exceeds the statewide median purchase price of a single-
1046	family existing home. For purposes of this subparagraph, the
1047	term "statewide median purchase price of a single-family
1048	existing home" means the statewide purchase price as determined
1049	in the Florida Sales Report, Single-Family Existing Homes,
1050	released each January by the Florida Association of Realtors and
1051	the University of Florida Real Estate Research Center.
1052	11.10.  An increase in commercial development by 50,000
1053	square feet of gross floor area or of parking spaces provided
1054	for customers for 300 cars or a 5-percent increase of either of
1055	these, whichever is greater.
1056	12.11.  An increase in hotel or motel facility units by 5
1057	percent or 75 units, whichever is greater.
1058	13.12.  An increase in a recreational vehicle park area by
1059	5 percent or 100 vehicle spaces, whichever is less.
1060	14.13.  A decrease in the area set aside for open space of
1061	5 percent or 20 acres, whichever is less.
1062	15.14.  A proposed increase to an approved multiuse
1063	development of regional impact where the sum of the increases of
1064	each land use as a percentage of the applicable substantial
1065	deviation criteria is equal to or exceeds 100 percent. The
1066	percentage of any decrease in the amount of open space shall be
1067	treated as an increase for purposes of determining when 100
1068	percent has been reached or exceeded.
1069	16.15.  A 15-percent increase in the number of external
1070	vehicle trips generated by the development above that which was
1071	projected during the original development-of-regional-impact
1072	review.
1073	17.16.  Any change which would result in development of any
1074	area which was specifically set aside in the application for
1075	development approval or in the development order for
1076	preservation or special protection of endangered or threatened
1077	plants or animals designated as endangered, threatened, or
1078	species of special concern and their habitat, primary dunes, or
1079	archaeological and historical sites designated as significant by
1080	the Division of Historical Resources of the Department of State.
1081	The further refinement of such areas by survey shall be
1082	considered under sub-subparagraph (e)5.b.
1083
1084	The substantial deviation numerical standards in subparagraphs
1085	4., 6., 10., 11., and 15. 14., excluding residential uses, and
1086	16. 15., are increased by 100 percent for a project certified
1087	under s. 403.973 which creates jobs and meets criteria
1088	established by the Office of Tourism, Trade, and Economic
1089	Development as to its impact on an area's economy, employment,
1090	and prevailing wage and skill levels. The substantial deviation
1091	numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
1092	and 15. 14. are increased by 50 percent for a project located
1093	wholly within an urban infill and redevelopment area designated
1094	on the applicable adopted local comprehensive plan future land
1095	use map and not located within the coastal high hazard area.
1096	(e)1.  Except for a development order rendered pursuant to
1097	subsection (22) or subsection (25), a proposed change to a
1098	development order that individually or cumulatively with any
1099	previous change is less than any numerical criterion contained
1100	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
1101	other criterion, or that involves an extension of the buildout
1102	date of a development, or any phase thereof, of less than 5
1103	years is not subject to the public hearing requirements of
1104	subparagraph (f)3., and is not subject to a determination
1105	pursuant to subparagraph (f)5. Notice of the proposed change
1106	shall be made to the regional planning council and the state
1107	land planning agency. Such notice shall include a description of
1108	previous individual changes made to the development, including
1109	changes previously approved by the local government, and shall
1110	include appropriate amendments to the development order.
1111	2.  The following changes, individually or cumulatively
1112	with any previous changes, are not substantial deviations:
1113	a.  Changes in the name of the project, developer, owner,
1114	or monitoring official.
1115	b.  Changes to a setback that do not affect noise buffers,
1116	environmental protection or mitigation areas, or archaeological
1117	or historical resources.
1118	c.  Changes to minimum lot sizes.
1119	d.  Changes in the configuration of internal roads that do
1120	not affect external access points.
1121	e.  Changes to the building design or orientation that stay
1122	approximately within the approved area designated for such
1123	building and parking lot, and which do not affect historical
1124	buildings designated as significant by the Division of
1125	Historical Resources of the Department of State.
1126	f.  Changes to increase the acreage in the development,
1127	provided that no development is proposed on the acreage to be
1128	added.
1129	g.  Changes to eliminate an approved land use, provided
1130	that there are no additional regional impacts.
1131	h.  Changes required to conform to permits approved by any
1132	federal, state, or regional permitting agency, provided that
1133	these changes do not create additional regional impacts.
1134	i.  Any renovation or redevelopment of development within a
1135	previously approved development of regional impact which does
1136	not change land use or increase density or intensity of use.
1137	j.  Any other change which the state land planning agency
1138	agrees in writing is similar in nature, impact, or character to
1139	the changes enumerated in sub-subparagraphs a.-i. and which does
1140	not create the likelihood of any additional regional impact.
1141
1142	This subsection does not require a development order amendment
1143	for any change listed in sub-subparagraphs a.-j. unless such
1144	issue is addressed either in the existing development order or
1145	in the application for development approval, but, in the case of
1146	the application, only if, and in the manner in which, the
1147	application is incorporated in the development order.
1148	3.  Except for the change authorized by sub-subparagraph
1149	2.f., any addition of land not previously reviewed or any change
1150	not specified in paragraph (b) or paragraph (c) shall be
1151	presumed to create a substantial deviation. This presumption may
1152	be rebutted by clear and convincing evidence.
1153	4.  Any submittal of a proposed change to a previously
1154	approved development shall include a description of individual
1155	changes previously made to the development, including changes
1156	previously approved by the local government. The local
1157	government shall consider the previous and current proposed
1158	changes in deciding whether such changes cumulatively constitute
1159	a substantial deviation requiring further development-of-
1160	regional-impact review.
1161	5.  The following changes to an approved development of
1162	regional impact shall be presumed to create a substantial
1163	deviation. Such presumption may be rebutted by clear and
1164	convincing evidence.
1165	a.  A change proposed for 15 percent or more of the acreage
1166	to a land use not previously approved in the development order.
1167	Changes of less than 15 percent shall be presumed not to create
1168	a substantial deviation.
1169	b.  Except for the types of uses listed in subparagraph
1170	(b)17. (b)16., any change which would result in the development
1171	of any area which was specifically set aside in the application
1172	for development approval or in the development order for
1173	preservation, buffers, or special protection, including habitat
1174	for plant and animal species, archaeological and historical
1175	sites, dunes, and other special areas.
1176	c.  Notwithstanding any provision of paragraph (b) to the
1177	contrary, a proposed change consisting of simultaneous increases
1178	and decreases of at least two of the uses within an authorized
1179	multiuse development of regional impact which was originally
1180	approved with three or more uses specified in s. 380.0651(3)(c),
1181	(d), (f), and (g) and residential use.
1182	(i)  An increase in the number of residential dwelling
1183	units shall not constitute a substantial deviation and shall not
1184	be subject to development-of-regional-impact review for
1185	additional impacts, provided that all the residential dwelling
1186	units are dedicated to affordable workforce housing and the
1187	total number of new residential units does not exceed 200
1188	percent of the substantial deviation threshold. The affordable
1189	workforce housing shall be subject to a recorded land use
1190	restriction that shall be for a period of not less than 20 years
1191	and that includes resale provisions to ensure long-term
1192	affordability for income-eligible homeowners and renters. For
1193	purposes of this paragraph, the term "affordable workforce
1194	housing" means housing that is affordable to a person who earns
1195	not more than 120 percent of the area median income, or not more
1196	than 140 percent of the area median income if located in a
1197	county in which the median purchase price for a single-family
1198	existing home exceeds the statewide median purchase price of a
1199	single-family existing home. For purposes of this paragraph, the
1200	term "statewide median purchase price of a single-family
1201	existing home" means the statewide purchase price as determined
1202	in the Florida Sales Report, Single-Family Existing Homes,
1203	released each January by the Florida Association of Realtors and
1204	the University of Florida Real Estate Research Center.
1205	Section 17.  Paragraph (k) of subsection (3) of section
1206	380.0651, Florida Statutes, is redesignated as paragraph (l),
1207	and a new paragraph (k) is added to that subsection to read:
1208	380.0651  Statewide guidelines and standards.--
1209	(3)  The following statewide guidelines and standards shall
1210	be applied in the manner described in s. 380.06(2) to determine
1211	whether the following developments shall be required to undergo
1212	development-of-regional-impact review:
1213	(k)  Workforce housing.--The applicable guidelines for
1214	residential development and the residential component for
1215	multiuse development shall be increased by 50 percent where the
1216	developer demonstrates that at least 15 percent of the total
1217	residential dwelling units authorized within the development of
1218	regional impact will be dedicated to affordable workforce
1219	housing, subject to a recorded land use restriction that shall
1220	be for a period of not less than 20 years and that includes
1221	resale provisions to ensure long-term affordability for income-
1222	eligible homeowners and renters and provisions for the workforce
1223	housing to be commenced prior to the completion of 50 percent of
1224	the market rate dwelling. For purposes of this paragraph, the
1225	term "affordable workforce housing" means housing that is
1226	affordable to a person who earns not more than 120 percent of
1227	the area median income, or not more than 140 percent of the area
1228	median income if located in a county in which the median
1229	purchase price for a single-family existing home exceeds the
1230	statewide median purchase price of a single-family existing
1231	home. For the purposes of this paragraph, the term "statewide
1232	median purchase price of a single-family existing home" means
1233	the statewide purchase price as determined in the Florida Sales
1234	Report, Single-Family Existing Homes, released each January by
1235	the Florida Association of Realtors and the University of
1236	Florida Real Estate Research Center.
1237	Section 18.  Section 420.0004, Florida Statutes, is amended
1238	to read:
1239	420.0004  Definitions.--As used in this part, unless the
1240	context otherwise indicates:
1241	(1)  "Adjusted for family size" means adjusted in a manner
1242	which results in an income eligibility level which is lower for
1243	households with fewer than four people, or higher for households
1244	with more than four people, than the base income eligibility
1245	determined as provided in subsection (8), subsection (10) (9),
1246	subsection (11) (10), or subsection (15) (14), based upon a
1247	formula as established by the United States Department of
1248	Housing and Urban Development.
1249	(2)  "Adjusted gross income" means all wages, assets,
1250	regular cash or noncash contributions or gifts from persons
1251	outside the household, and such other resources and benefits as
1252	may be determined to be income by the United States Department
1253	of Housing and Urban Development, adjusted for family size, less
1254	deductions allowable under s. 62 of the Internal Revenue Code.
1255	(3)  "Affordable" means that monthly rents or monthly
1256	mortgage payments including taxes, insurance, and utilities do
1257	not exceed 30 percent of that amount which represents the
1258	percentage of the median adjusted gross annual income for the
1259	households as indicated in subsection (8), subsection (10) (9),
1260	subsection (11) (10), or subsection (15) (14).
1261	(4)  "Corporation" means the Florida Housing Finance
1262	Corporation.
1263	(5)  "Community-based organization" or "nonprofit
1264	organization" means a private corporation organized under
1265	chapter 617 to assist in the provision of housing and related
1266	services on a not-for-profit basis and which is acceptable to
1267	federal and state agencies and financial institutions as a
1268	sponsor of low-income housing.
1269	(6)  "Department" means the Department of Community
1270	Affairs.
1271	(7)  "Elderly" describes persons 62 years of age or older.
1272	(8)  "Extremely-low-income persons" means one or more
1273	natural persons or a family whose total annual household income
1274	does not exceed 30 percent of the median annual adjusted gross
1275	income for households within the state. The Florida Housing
1276	Finance Corporation may adjust this amount annually by rule to
1277	provide that in lower income counties, extremely-low-income may
1278	exceed 30 percent of area median income and that in higher
1279	income counties, extremely-low-income may be less than 30
1280	percent of area median income.
1281	(9)(8)  "Local public body" means any county, municipality,
1282	or other political subdivision, or any housing authority as
1283	provided by chapter 421, which is eligible to sponsor or develop
1284	housing for farmworkers and very-low-income and low-income
1285	persons within its jurisdiction.
1286	(10)(9)  "Low-income persons" means one or more natural
1287	persons or a family, the total annual adjusted gross household
1288	income of which does not exceed 80 percent of the median annual
1289	adjusted gross income for households within the state, or 80
1290	percent of the median annual adjusted gross income for
1291	households within the metropolitan statistical area (MSA) or, if
1292	not within an MSA, within the county in which the person or
1293	family resides, whichever is greater.
1294	(11)(10)  "Moderate-income persons" means one or more
1295	natural persons or a family, the total annual adjusted gross
1296	household income of which is less than 120 percent of the median
1297	annual adjusted gross income for households within the state, or
1298	120 percent of the median annual adjusted gross income for
1299	households within the metropolitan statistical area (MSA) or, if
1300	not within an MSA, within the county in which the person or
1301	family resides, whichever is greater.
1302	(12)(11)  "Student" means any person not living with his or
1303	her parent or guardian who is eligible to be claimed by his or
1304	her parent or guardian as a dependent under the federal income
1305	tax code and who is enrolled on at least a half-time basis in a
1306	secondary school, career center, community college, college, or
1307	university.
1308	(13)(12)  "Substandard" means:
1309	(a)  Any unit lacking complete plumbing or sanitary
1310	facilities for the exclusive use of the occupants;
1311	(b)  A unit which is in violation of one or more major
1312	sections of an applicable housing code and where such violation
1313	poses a serious threat to the health of the occupant; or
1314	(c)  A unit that has been declared unfit for human
1315	habitation but that could be rehabilitated for less than 50
1316	percent of the property value.
1317	(14)(13)  "Substantial rehabilitation" means repair or
1318	restoration of a dwelling unit where the value of such repair or
1319	restoration exceeds 40 percent of the value of the dwelling.
1320	(15)(14)  "Very-low-income persons" means one or more
1321	natural persons or a family, not including students, the total
1322	annual adjusted gross household income of which does not exceed
1323	50 percent of the median annual adjusted gross income for
1324	households within the state, or 50 percent of the median annual
1325	adjusted gross income for households within the metropolitan
1326	statistical area (MSA) or, if not within an MSA, within the
1327	county in which the person or family resides, whichever is
1328	greater.
1329	Section 19.  Section 420.37, Florida Statutes, is amended
1330	to read:
1331	420.37  Additional powers of the agency Florida Housing
1332	Finance Corporation.--The agency Florida Housing Finance
1333	Corporation shall have all powers necessary or convenient to
1334	carry out and effectuate the purposes of this part, including
1335	the power to provide for the collection and payment of fees and
1336	charges, regardless of method of payment, including, but not
1337	limited to, reimbursement of costs of financing by the agency
1338	corporation, credit underwriting fees, servicing charges, and
1339	insurance premiums determined by the agency corporation to be
1340	reasonable and as approved by the agency corporation. The fees
1341	and charges may be paid directly by the borrower to the insurer,
1342	lender, or servicing agent or may be deducted from the payments
1343	collected by such insurer, lender, or servicing agent.
1344	Section 20.  Subsection (18) of section 420.503, Florida
1345	Statutes, is amended to read:
1346	420.503  Definitions.--As used in this part, the term:
1347	(18)(a)  "Farmworker" means a laborer who is employed on a
1348	seasonal, temporary, or permanent basis in the planting,
1349	cultivating, harvesting, or processing of agricultural or
1350	aquacultural products and who derived at least 50 percent of her
1351	or his income in the immediately preceding 12 months from such
1352	employment.
1353	(b)  "Farmworker" also includes a person who has retired as
1354	a laborer due to age, disability, or illness. In order to be
1355	considered retired as a farmworker due to age under this part, a
1356	person must be 50 years of age or older and must have been
1357	employed for a minimum of 5 years as a farmworker before
1358	retirement. In order to be considered retired as a farmworker
1359	due to disability or illness, a person must:
1360	1.(a)  Establish medically that she or he is unable to be
1361	employed as a farmworker due to that disability or illness.
1362	2.(b)  Establish that she or he was previously employed as
1363	a farmworker.
1364	(c)  Notwithstanding paragraphs (a) and (b), when
1365	corporation-administered funds are used in conjunction with
1366	United States Department of Agriculture Rural Development funds,
1367	the term "farmworker" may mean a laborer who meets, at a
1368	minimum, the definition of "domestic farm laborer" as found in 7
1369	C.F.R. s. 3560.11, as amended. The corporation may establish
1370	additional criteria by rule.
1371	Section 21.  Section 420.5061, Florida Statutes, is amended
1372	to read:
1373	420.5061  Transfer of agency assets and
1374	liabilities.--Effective January 1, 1998, all assets and
1375	liabilities and rights and obligations, including any
1376	outstanding contractual obligations, of the agency shall be
1377	transferred to the corporation as legal successor in all
1378	respects to the agency. The corporation shall thereupon become
1379	obligated to the same extent as the agency under any existing
1380	agreements and be entitled to any rights and remedies previously
1381	afforded the agency by law or contract, including specifically
1382	the rights of the agency under chapter 201 and part VI of
1383	chapter 159. The corporation is a state agency for purposes of
1384	s. 159.807(4)(a). Effective January 1, 1998, all references
1385	under Florida law to the agency are deemed to mean the
1386	corporation. The corporation shall transfer to the General
1387	Revenue Fund an amount which otherwise would have been deducted
1388	as a service charge pursuant to s. 215.20(1) if the Florida
1389	Housing Finance Corporation Fund established by s. 420.508(5),
1390	the State Apartment Incentive Loan Fund established by s.
1391	420.5087(7), the Florida Homeownership Assistance Fund
1392	established by s. 420.5088(4)(5), the HOME Investment
1393	Partnership Fund established by s. 420.5089(1), and the Housing
1394	Predevelopment Loan Fund established by s. 420.525(1) were each
1395	trust funds. For purposes of s. 112.313, the corporation is
1396	deemed to be a continuation of the agency, and the provisions
1397	thereof are deemed to apply as if the same entity remained in
1398	place. Any employees of the agency and agency board members
1399	covered by s. 112.313(9)(a)6. shall continue to be entitled to
1400	the exemption in that subparagraph, notwithstanding being hired
1401	by the corporation or appointed as board members of the
1402	corporation. Effective January 1, 1998, all state property in
1403	use by the agency shall be transferred to and become the
1404	property of the corporation.
1405	Section 22.  Subsections (22), (23), and (40) of section
1406	420.507, Florida Statutes, are amended, and subsections (44) and
1407	(45) are added to that section, to read:
1408	420.507  Powers of the corporation.--The corporation shall
1409	have all the powers necessary or convenient to carry out and
1410	effectuate the purposes and provisions of this part, including
1411	the following powers which are in addition to all other powers
1412	granted by other provisions of this part:
1413	(22)  To develop and administer the State Apartment
1414	Incentive Loan Program. In developing and administering that
1415	program, the corporation may:
1416	(a)  Make first, second, and other subordinated mortgage
1417	loans including variable or fixed rate loans subject to
1418	contingent interest for all State Apartment Incentive Loans
1419	provided for in this chapter based upon available cash flow of
1420	the projects. The corporation shall make loans exceeding 25
1421	percent of project cost available only to nonprofit
1422	organizations and public bodies which are able to secure grants,
1423	donations of land, or contributions from other sources and to
1424	projects meeting the criteria of subparagraph 1. Mortgage loans
1425	shall be made available at the following rates of interest:
1426	1.  Zero to 3 percent interest for sponsors of projects
1427	that set aside at least maintain an 80 percent occupancy of
1428	their total units for residents qualifying as farmworkers as
1429	defined in this part s. 420.503(18), or commercial fishing
1430	workers as defined in this part s. 420.503(5), or the homeless
1431	as defined in s. 420.621(4) over the life of the loan.
1432	2.  Zero to 3 percent interest based on the pro rata share
1433	of units set aside for homeless residents if the total of such
1434	units is less than 80 percent of the units in the borrower's
1435	project.
1436	3.  One Three to 9 percent interest for sponsors of
1437	projects targeted at populations other than farmworkers,
1438	commercial fishing workers, and the homeless.
1439	(b)  Make loans exceeding 25 percent of project cost when
1440	the project serves extremely-low-income persons.
1441	(c)  Forgive indebtedness for a share of the loan
1442	attributable to the units in a project reserved for extremely-
1443	low-income persons.
1444	(d)(b)  Geographically and demographically target the
1445	utilization of loans.
1446	(e)(c)  Underwrite credit, and reject projects which do not
1447	meet the established standards of the corporation.
1448	(f)(d)  Negotiate with governing bodies within the state
1449	after a loan has been awarded to obtain local government
1450	contributions.
1451	(g)(e)  Inspect any records of a sponsor at any time during
1452	the life of the loan or the agreed period for maintaining the
1453	provisions of s. 420.5087.
1454	(h)(f)  Establish, by rule, the procedure for evaluating,
1455	scoring, and competitively ranking all applications based on the
1456	criteria set forth in s. 420.5087(6)(c); determining actual loan
1457	amounts; making and servicing loans; and exercising the powers
1458	authorized in this subsection.
1459	(i)(g)  Establish a loan loss insurance reserve to be used
1460	to protect the outstanding program investment in case of a
1461	default, deed in lieu of foreclosure, or foreclosure of a
1462	program loan.
1463	(23)  To develop and administer the Florida Homeownership
1464	Assistance Program. In developing and administering the program,
1465	the corporation may:
1466	(a)1.  Make subordinated loans to eligible borrowers for
1467	down payments or closing costs related to the purchase of the
1468	borrower's primary residence.
1469	2.  Make permanent loans to eligible borrowers related to
1470	the purchase of the borrower's primary residence.
1471	3.  Make subordinated loans to nonprofit sponsors or
1472	developers of housing for purchase of property, for
1473	construction, or for financing of housing to be offered for sale
1474	to eligible borrowers as a primary residence at an affordable
1475	price.
1476	(b)  Establish a loan loss insurance reserve to supplement
1477	existing sources of mortgage insurance with appropriated funds.
1478	(c)  Geographically and demographically target the
1479	utilization of loans.
1480	(d)  Defer repayment of loans for the term of the first
1481	mortgage.
1482	(e)  Establish flexible terms for loans with an interest
1483	rate not to exceed 3 percent per annum and which are
1484	nonamortizing for the term of the first mortgage.
1485	(f)  Require repayment of loans upon sale, transfer,
1486	refinancing, or rental of secured property, unless otherwise
1487	approved by the corporation.
1488	(g)  Accelerate a loan for monetary default, for failure to
1489	provide the benefits of the loans to eligible borrowers, or for
1490	violation of any other restriction placed upon the loan.
1491	(h)  Adopt rules for the program and exercise the powers
1492	authorized in this subsection.
1493	(40)  To establish subsidiary business entities
1494	corporations for the purpose of taking title to and managing and
1495	disposing of property acquired by the corporation. Such
1496	subsidiary business entities corporations shall be public
1497	business entities corporations wholly owned by the corporation;
1498	shall be entitled to own, mortgage, and sell property on the
1499	same basis as the corporation; and shall be deemed business
1500	entities corporations primarily acting as an agent agents of the
1501	state, within the meaning of s. 768.28, on the same basis as the
1502	corporation. Any subsidiary business entity created by the
1503	corporation shall be subject to chapters 119, 120, and 286 to
1504	the same extent as the corporation. The subsidiary business
1505	entities shall have authority to make rules necessary to conduct
1506	business and to carry out the purposes of this subsection.
1507	(44)  To adopt rules for the intervention and negotiation
1508	of terms or other actions necessary to further program goals or
1509	avoid default of a program loan. Such rules must consider fiscal
1510	program goals and the preservation or advancement of affordable
1511	housing for the state.
1512	(45)  To establish by rule requirements for periodic
1513	reporting of data, including, but not limited to, financial
1514	data, housing market data, detailed economic and physical
1515	occupancy on multifamily projects, and demographic data on all
1516	housing financed through corporation programs and for
1517	participation in a housing locator system.
1518	Section 23.  Subsections (1), (3), (5), and (6) of section
1519	420.5087, Florida Statutes, are amended to read:
1520	420.5087  State Apartment Incentive Loan Program.--There is
1521	hereby created the State Apartment Incentive Loan Program for
1522	the purpose of providing first, second, or other subordinated
1523	mortgage loans or loan guarantees to sponsors, including for-
1524	profit, nonprofit, and public entities, to provide housing
1525	affordable to very-low-income persons.
1526	(1)  Program funds shall be distributed over successive 3-
1527	year periods in a manner that meets the need and demand for
1528	very-low-income housing throughout the state. That need and
1529	demand must be determined by using the most recent statewide
1530	low-income rental housing market studies available at the
1531	beginning of each 3-year period. However, at least 10 percent of
1532	the program funds distributed during a 3-year period must be
1533	allocated to each of the following categories of counties, as
1534	determined by using the population statistics published in the
1535	most recent edition of the Florida Statistical Abstract:
1536	(a)  Counties that have a population of 825,000 or more.
1537	more than 500,000 people;
1538	(b)  Counties that have a population of more than between
1539	100,000 but less than 825,000. and 500,000 people; and
1540	(c)  Counties that have a population of 100,000 or less.
1541
1542	Any increase in funding required to reach the 10-percent minimum
1543	shall be taken from the county category that has the largest
1544	allocation. The corporation shall adopt rules which establish an
1545	equitable process for distributing any portion of the 10 percent
1546	of program funds allocated to the county categories specified in
1547	this subsection which remains unallocated at the end of a 3-year
1548	period. Counties that have a population of 100,000 or less shall
1549	be given preference under these rules.
1550	(3)  During the first 6 months of loan or loan guarantee
1551	availability, program funds shall be reserved for use by
1552	sponsors who provide the housing set-aside required in
1553	subsection (2) for the tenant groups designated in this
1554	subsection. The reservation of funds to each of these groups
1555	shall be determined using the most recent statewide very-low-
1556	income rental housing market study available at the time of
1557	publication of each notice of fund availability required by
1558	paragraph (6)(b). The reservation of funds within each notice of
1559	fund availability to the tenant groups in paragraphs (a), (b),
1560	and (d) may not be less than 10 percent of the funds available
1561	at that time. Any increase in funding required to reach the 10-
1562	percent minimum shall be taken from the tenant group that has
1563	the largest reservation. The reservation of funds within each
1564	notice of fund availability to the tenant group in paragraph (c)
1565	may not be less than 5 percent of the funds available at that
1566	time. The tenant groups are:
1567	(a)  Commercial fishing workers and farmworkers;
1568	(b)  Families;
1569	(c)  Persons who are homeless; and
1570	(d)  Elderly persons. Ten percent of the amount reserved
1571	for the elderly shall be reserved to provide loans to sponsors
1572	of housing for the elderly for the purpose of making building
1573	preservation, health, or sanitation repairs or improvements
1574	which are required by federal, state, or local regulation or
1575	code, or lifesafety or security-related repairs or improvements
1576	to such housing. Such a loan may not exceed $750,000 per housing
1577	community for the elderly. In order to receive the loan, the
1578	sponsor of the housing community must make a commitment to match
1579	at least 5 15 percent of the loan amount to pay the cost of such
1580	repair or improvement. The corporation shall establish the rate
1581	of interest on the loan, which may not exceed 3 percent, and the
1582	term of the loan, which may not exceed 15 years; however, if the
1583	lien of the corporation's encumbrance is subordinate to the lien
1584	of another mortgagee, then the term may be made coterminous with
1585	the longest term of the superior lien. The term of the loan
1586	shall be established on the basis of a credit analysis of the
1587	applicant. The corporation shall establish, by rule, the
1588	procedure and criteria for receiving, evaluating, and
1589	competitively ranking all applications for loans under this
1590	paragraph. A loan application must include evidence of the first
1591	mortgagee's having reviewed and approved the sponsor's intent to
1592	apply for a loan. A nonprofit organization or sponsor may not
1593	use the proceeds of the loan to pay for administrative costs,
1594	routine maintenance, or new construction.
1595	(5)  The amount of the mortgage provided under this program
1596	combined with any other mortgage in a superior position shall be
1597	less than the value of the project without the housing set-aside
1598	required by subsection (2). However, the corporation may waive
1599	this requirement for projects in rural areas or urban infill
1600	areas which have market rate rents that are less than the
1601	allowable rents pursuant to applicable state and federal
1602	guidelines, and for projects which reserve units for extremely-
1603	low-income persons. In no event shall the mortgage provided
1604	under this program combined with any other mortgage in a
1605	superior position exceed total project cost.
1606	(6)  On all state apartment incentive loans, except loans
1607	made to housing communities for the elderly to provide for
1608	lifesafety, building preservation, health, sanitation, or
1609	security-related repairs or improvements, the following
1610	provisions shall apply:
1611	(a)  The corporation shall establish two interest rates in
1612	accordance with s. 420.507(22)(a)1. and 3. 2.
1613	(b)  The corporation shall publish a notice of fund
1614	availability in a publication of general circulation throughout
1615	the state. Such notice shall be published at least 60 days prior
1616	to the application deadline and shall provide notice of the
1617	temporary reservations of funds established in subsection (3).
1618	(c)  The corporation shall provide by rule for the
1619	establishment of a review committee composed of the department
1620	and corporation staff and shall establish by rule a scoring
1621	system for evaluation and competitive ranking of applications
1622	submitted in this program, including, but not limited to, the
1623	following criteria:
1624	1.  Tenant income and demographic targeting objectives of
1625	the corporation.
1626	2.  Targeting objectives of the corporation which will
1627	ensure an equitable distribution of loans between rural and
1628	urban areas.
1629	3.  Sponsor's agreement to reserve the units for persons or
1630	families who have incomes below 50 percent of the state or local
1631	median income, whichever is higher, for a time period to exceed
1632	the minimum required by federal law or the provisions of this
1633	part.
1634	4.  Sponsor's agreement to reserve more than:
1635	a.  Twenty percent of the units in the project for persons
1636	or families who have incomes that do not exceed 50 percent of
1637	the state or local median income, whichever is higher; or
1638	b.  Forty percent of the units in the project for persons
1639	or families who have incomes that do not exceed 60 percent of
1640	the state or local median income, whichever is higher, without
1641	requiring a greater amount of the loans as provided in this
1642	section.
1643	5.  Provision for tenant counseling.
1644	6.  Sponsor's agreement to accept rental assistance
1645	certificates or vouchers as payment for rent; however, when
1646	certificates or vouchers are accepted as payment for rent on
1647	units set aside pursuant to subsection (2), the benefit must be
1648	divided between the corporation and the sponsor, as provided by
1649	corporation rule.
1650	7.  Projects requiring the least amount of a state
1651	apartment incentive loan compared to overall project cost except
1652	that the share of the loan attributable to units serving
1653	extremely-low-income persons shall be excluded from this
1654	requirement.
1655	8.  Local government contributions and local government
1656	comprehensive planning and activities that promote affordable
1657	housing.
1658	9.  Project feasibility.
1659	10.  Economic viability of the project.
1660	11.  Commitment of first mortgage financing.
1661	12.  Sponsor's prior experience.
1662	13.  Sponsor's ability to proceed with construction.
1663	14.  Projects that directly implement or assist welfare-to-
1664	work transitioning.
1665	15.  Projects that reserve units for extremely-low-income
1666	persons.
1667	(d)  The corporation may reject any and all applications.
1668	(e)  The corporation may approve and reject applications
1669	for the purpose of achieving geographic targeting.
1670	(f)  The review committee established by corporation rule
1671	pursuant to this subsection shall make recommendations to the
1672	board of directors of the corporation regarding program
1673	participation under the State Apartment Incentive Loan Program.
1674	The corporation board shall make the final ranking and the
1675	decisions regarding which applicants shall become program
1676	participants based on the scores received in the competitive
1677	ranking, further review of applications, and the recommendations
1678	of the review committee. The corporation board shall approve or
1679	reject applications for loans and shall determine the tentative
1680	loan amount available to each applicant selected for
1681	participation in the program. The actual loan amount shall be
1682	determined pursuant to rule adopted pursuant to s.
1683	420.507(22)(h)(f).
1684	(g)  The loan term shall be for a period of not more than
1685	15 years; however, if both a program loan and federal low-income
1686	housing tax credits are to be used to assist a project, the
1687	corporation may set the loan term for a period commensurate with
1688	the investment requirements associated with the tax credit
1689	syndication. The term of the loan may also exceed 15 years;
1690	however, if the lien of the corporation's encumbrance is
1691	subordinate to the lien of another mortgagee, then the term may
1692	be made coterminous with the longest term of the superior lien
1693	necessary to conform to requirements of the Federal National
1694	Mortgage Association. The corporation may renegotiate and extend
1695	the loan in order to extend the availability of housing for the
1696	targeted population. The term of a loan may not extend beyond
1697	the period for which the sponsor agrees to provide the housing
1698	set-aside required by subsection (2).
1699	(h)  The loan shall be subject to sale, transfer, or
1700	refinancing. The sale, transfer, or refinancing of the loan
1701	shall be consistent with fiscal program goals and the
1702	preservation or advancement of affordable housing for the state.
1703	However, all requirements and conditions of the loan shall
1704	remain following sale, transfer, or refinancing.
1705	(i)  The discrimination provisions of s. 420.516 shall
1706	apply to all loans.
1707	(j)  The corporation may require units dedicated for the
1708	elderly.
1709	(k)  Rent controls shall not be allowed on any project
1710	except as required in conjunction with the issuance of tax-
1711	exempt bonds or federal low-income housing tax credits and
1712	except when the sponsor has committed to set aside units for
1713	extremely-low-income persons, in which case rents shall be
1714	restricted at the level applicable for federal low-income tax
1715	credits.
1716	(l)  The proceeds of all loans shall be used for new
1717	construction or substantial rehabilitation which creates
1718	affordable, safe, and sanitary housing units.
1719	(m)  Sponsors shall annually certify the adjusted gross
1720	income of all persons or families qualified under subsection (2)
1721	at the time of initial occupancy, who are residing in a project
1722	funded by this program. All persons or families qualified under
1723	subsection (2) may continue to qualify under subsection (2) in a
1724	project funded by this program if the adjusted gross income of
1725	those persons or families at the time of annual recertification
1726	meets the requirements established in s. 142(d)(3)(B) of the
1727	Internal Revenue Code of 1986, as amended. If the annual
1728	recertification of persons or families qualifying under
1729	subsection (2) results in noncompliance with income occupancy
1730	requirements, the next available unit must be rented to a person
1731	or family qualifying under subsection (2) in order to ensure
1732	continuing compliance of the project. The corporation may waive
1733	the annual recertification if 100 percent of the units are set
1734	aside as affordable.
1735	(n)  Upon submission and approval of a marketing plan which
1736	demonstrates a good faith effort of a sponsor to rent a unit or
1737	units to persons or families reserved under subsection (3) and
1738	qualified under subsection (2), the sponsor may rent such unit
1739	or units to any person or family qualified under subsection (2)
1740	notwithstanding the reservation.
1741	(o)  Sponsors may participate in federal mortgage insurance
1742	programs and must abide by the requirements of those programs.
1743	If a conflict occurs between the requirements of federal
1744	mortgage insurance programs and the requirements of this
1745	section, the requirements of federal mortgage insurance programs
1746	shall take precedence.
1747	Section 24.  Section 420.5088, Florida Statutes, is amended
1748	to read:
1749	420.5088  Florida Homeownership Assistance Program.--There
1750	is created the Florida Homeownership Assistance Program for the
1751	purpose of assisting low-income and moderate-income persons in
1752	purchasing a home as their primary residence by reducing the
1753	cost of the home with below-market construction financing, by
1754	reducing the amount of down payment and closing costs paid by
1755	the borrower to a maximum of 5 percent of the purchase price, or
1756	by reducing the monthly payment to an affordable amount for the
1757	purchaser. Loans shall be made available at an interest rate
1758	that does not exceed 3 percent. The balance of any loan is due
1759	at closing if the property is sold, refinanced, rented, or
1760	transferred, unless otherwise approved by the corporation.
1761	(1)  For loans made available pursuant to s.
1762	420.507(23)(a)1. or 2.:
1763	(a)  The corporation may underwrite and make those mortgage
1764	loans through the program to persons or families who have
1765	incomes that do not exceed 120 80 percent of the state or local
1766	median income, whichever is greater, adjusted for family size.
1767	(b)  Loans shall be made available for the term of the
1768	first mortgage.
1769	(c)  Loans may not exceed are limited to the lesser of 35
1770	25 percent of the purchase price of the home or the amount
1771	necessary to enable the purchaser to meet credit underwriting
1772	criteria.
1773	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1774	(a)  Availability is limited to nonprofit sponsors or
1775	developers who are selected for program participation pursuant
1776	to this subsection.
1777	(b)  Preference must be given to community development
1778	corporations as defined in s. 290.033 and to community-based
1779	organizations as defined in s. 420.503.
1780	(c)  Priority must be given to projects that have received
1781	state assistance in funding project predevelopment costs.
1782	(d)  The benefits of making such loans shall be
1783	contractually provided to the persons or families purchasing
1784	homes financed under this subsection.
1785	(e)  At least 30 percent of the units in a project financed
1786	pursuant to this subsection must be sold to persons or families
1787	who have incomes that do not exceed 80 percent of the state or
1788	local median income, whichever amount is greater, adjusted for
1789	family size; and at least another 30 percent of the units in a
1790	project financed pursuant to this subsection must be sold to
1791	persons or families who have incomes that do not exceed 65 50
1792	percent of the state or local median income, whichever amount is
1793	greater, adjusted for family size.
1794	(f)  The maximum loan amount may not exceed 33 percent of
1795	the total project cost.
1796	(g)  A person who purchases a home in a project financed
1797	under this subsection is eligible for a loan authorized by s.
1798	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1799	construction loan made pursuant to this subsection. The home
1800	purchaser must meet all the requirements for loan recipients
1801	established pursuant to the applicable loan program.
1802	(h)  The corporation shall provide, by rule, for the
1803	establishment of a review committee composed of corporation
1804	staff and shall establish, by rule, a scoring system for
1805	evaluating and ranking applications submitted for construction
1806	loans under this subsection, including, but not limited to, the
1807	following criteria:
1808	1.  The affordability of the housing proposed to be built.
1809	2.  The direct benefits of the assistance to the persons
1810	who will reside in the proposed housing.
1811	3.  The demonstrated capacity of the applicant to carry out
1812	the proposal, including the experience of the development team.
1813	4.  The economic feasibility of the proposal.
1814	5.  The extent to which the applicant demonstrates
1815	potential cost savings by combining the benefits of different
1816	governmental programs and private initiatives, including the
1817	local government contributions and local government
1818	comprehensive planning and activities that promote affordable
1819	housing.
1820	6.  The use of the least amount of program loan funds
1821	compared to overall project cost.
1822	7.  The provision of homeownership counseling.
1823	8.  The applicant's agreement to exceed the requirements of
1824	paragraph (e).
1825	9.  The commitment of first mortgage financing for the
1826	balance of the construction loan and for the permanent loans to
1827	the purchasers of the housing.
1828	10.  The applicant's ability to proceed with construction.
1829	11.  The targeting objectives of the corporation which will
1830	ensure an equitable distribution of loans between rural and
1831	urban areas.
1832	12.  The extent to which the proposal will further the
1833	purposes of this program.
1834	(i)  The corporation may reject any and all applications.
1835	(j)  The review committee established by corporation rule
1836	pursuant to this subsection shall make recommendations to the
1837	corporation board regarding program participation under this
1838	subsection. The corporation board shall make the final ranking
1839	for participation based on the scores received in the ranking,
1840	further review of the applications, and the recommendations of
1841	the review committee. The corporation board shall approve or
1842	reject applicants for loans and shall determine the tentative
1843	loan amount available to each program participant. The final
1844	loan amount shall be determined pursuant to rule adopted under
1845	s. 420.507(23)(h).
1846	(3)  The corporation shall publish a notice of fund
1847	availability in a publication of general circulation throughout
1848	the state at least 60 days prior to the anticipated availability
1849	of funds.
1850	(4)  During the first 9 months of fund availability:
1851	(a)  Sixty percent of the program funds shall be reserved
1852	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1853	(b)  Twenty percent of the program funds shall be reserved
1854	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1855	(c)  Twenty percent of the program funds shall be reserved
1856	for use by borrowers pursuant to s. 420.507(23)(a)3.
1857
1858	If the application of these percentages would cause the
1859	reservation of program funds under paragraph (a) to be less than
1860	$1 million, the reservation for paragraph (a) shall be increased
1861	to $1 million or all available funds, whichever amount is less,
1862	with the increase to be accomplished by reducing the reservation
1863	for paragraph (b) and, if necessary, paragraph (c).
1864	(4)(5)  There is authorized to be established by the
1865	corporation with a qualified public depository meeting the
1866	requirements of chapter 280 the Florida Homeownership Assistance
1867	Fund to be administered by the corporation according to the
1868	provisions of this program. Any amounts held in the Florida
1869	Homeownership Assistance Trust Fund for such purposes as of
1870	January 1, 1998, must be transferred to the corporation for
1871	deposit in the Florida Homeownership Assistance Fund, whereupon
1872	the Florida Homeownership Assistance Trust Fund must be closed.
1873	There shall be deposited in the fund moneys from the State
1874	Housing Trust Fund created by s. 420.0005, or moneys received
1875	from any other source, for the purpose of this program and all
1876	proceeds derived from the use of such moneys. In addition, all
1877	unencumbered funds, loan repayments, proceeds from the sale of
1878	any property, and any other proceeds that would otherwise accrue
1879	pursuant to the activities of the programs described in this
1880	section shall be transferred to this fund. In addition, all loan
1881	repayments, proceeds from the sale of any property, and any
1882	other proceeds that would otherwise accrue pursuant to the
1883	activities conducted under the provisions of the Florida
1884	Homeownership Assistance Program shall be deposited in the fund
1885	and shall not revert to the General Revenue Fund. Expenditures
1886	from the Florida Homeownership Assistance Fund shall not be
1887	required to be included in the corporation's budget request or
1888	be subject to appropriation by the Legislature.
1889	(5)(6)  No more than one-fifth of the funds available in
1890	the Florida Homeownership Assistance Fund may be made available
1891	to provide loan loss insurance reserve funds to facilitate
1892	homeownership for eligible persons.
1893	Section 25.  Section 420.530, Florida Statutes, is
1894	repealed.
1895	Section 26.  Subsection (25) of section 420.9071, Florida
1896	Statutes, is amended to read:
1897	420.9071  Definitions.--As used in ss. 420.907-420.9079,
1898	the term:
1899	(25)  "Recaptured funds" means funds that are recouped by a
1900	county or eligible municipality in accordance with the recapture
1901	provisions of its local housing assistance plan pursuant to s.
1902	420.9075(5)(4)(g) from eligible persons or eligible sponsors who
1903	default on the terms of a grant award or loan award.
1904	Section 27.  Subsection (2) of section 420.9072, Florida
1905	Statutes, is amended to read:
1906	420.9072  State Housing Initiatives Partnership
1907	Program.--The State Housing Initiatives Partnership Program is
1908	created for the purpose of providing funds to counties and
1909	eligible municipalities as an incentive for the creation of
1910	local housing partnerships, to expand production of and preserve
1911	affordable housing, to further the housing element of the local
1912	government comprehensive plan specific to affordable housing,
1913	and to increase housing-related employment.
1914	(2)(a)  To be eligible to receive funds under the program,
1915	a county or eligible municipality must:
1916	1.  Submit to the corporation its local housing assistance
1917	plan describing the local housing assistance strategies
1918	established pursuant to s. 420.9075;
1919	2.  Within 12 months after adopting the local housing
1920	assistance plan, amend the plan to incorporate the local housing
1921	incentive strategies defined in s. 420.9071(16) and described in
1922	s. 420.9076; and
1923	3.  Within 24 months after adopting the amended local
1924	housing assistance plan to incorporate the local housing
1925	incentive strategies, amend its land development regulations or
1926	establish local policies and procedures, as necessary, to
1927	implement the local housing incentive strategies adopted by the
1928	local governing body. A county or an eligible municipality that
1929	has adopted a housing incentive strategy pursuant to s. 420.9076
1930	before the effective date of this act shall review the status of
1931	implementation of the plan according to its adopted schedule for
1932	implementation and report its findings in the annual report
1933	required by s. 420.9075(10)(9). If as a result of the review, a
1934	county or an eligible municipality determines that the
1935	implementation is complete and in accordance with its schedule,
1936	no further action is necessary. If a county or an eligible
1937	municipality determines that implementation according to its
1938	schedule is not complete, it must amend its land development
1939	regulations or establish local policies and procedures, as
1940	necessary, to implement the housing incentive plan within 12
1941	months after the effective date of this act, or if extenuating
1942	circumstances prevent implementation within 12 months, pursuant
1943	to s. 420.9075(13)(12), enter into an extension agreement with
1944	the corporation.
1945	(b)  A county or an eligible municipality seeking approval
1946	to receive its share of the local housing distribution must
1947	adopt an ordinance containing the following provisions:
1948	1.  Creation of a local housing assistance trust fund as
1949	described in s. 420.9075(6)(5).
1950	2.  Adoption by resolution of a local housing assistance
1951	plan as defined in s. 420.9071(14) to be implemented through a
1952	local housing partnership as defined in s. 420.9071(18).
1953	3.  Designation of the responsibility for the
1954	administration of the local housing assistance plan. Such
1955	ordinance may also provide for the contracting of all or part of
1956	the administrative or other functions of the program to a third
1957	person or entity.
1958	4.  Creation of the affordable housing advisory committee
1959	as provided in s. 420.9076.
1960
1961	The ordinance must not take effect until at least 30 days after
1962	the date of formal adoption. Ordinances in effect prior to the
1963	effective date of amendments to this section shall be amended as
1964	needed to conform to new provisions.
1965	Section 28.  Paragraphs (a) and (c) of present subsection
1966	(4) of section 420.9075, Florida Statutes, are amended,
1967	subsections (3) through (12) are renumbered as subsections (4)
1968	through (13), respectively, and a new subsection (3) is added to
1969	that section, to read:
1970	420.9075  Local housing assistance plans; partnerships.--
1971	(3)(a)  Each local housing assistance plan shall include a
1972	definition of essential service personnel for the county or
1973	eligible municipality, including, but not limited to, teachers
1974	and educators, other school district, community college, and
1975	university employees, police and fire personnel, health care
1976	personnel, skilled building trades personnel, and other job
1977	categories.
1978	(b)  Each county and each eligible municipality is
1979	encouraged to develop a strategy within its local housing
1980	assistance plan that emphasizes the recruitment and retention of
1981	essential service personnel. The local government is encouraged
1982	to involve public and private sector employers. Compliance with
1983	the eligibility criteria established under this strategy shall
1984	be verified by the county or eligible municipality.
1985	(c)  Each county and each eligible municipality is
1986	encouraged to develop a strategy within its local housing
1987	assistance plan that addresses the needs of persons who are
1988	deprived of affordable housing due to the closure of a mobile
1989	home park or the conversion of affordable rental units to
1990	condominiums.
1991	(5)(4)  The following criteria apply to awards made to
1992	eligible sponsors or eligible persons for the purpose of
1993	providing eligible housing:
1994	(a)  At least 65 percent of the funds made available in
1995	each county and eligible municipality from the local housing
1996	distribution must be reserved for rehabilitation and
1997	construction of home ownership units for eligible extremely-low-
1998	income, low-income, or very-low-income persons.
1999	(c)  The sales price or value of new or existing eligible
2000	housing may not exceed 90 percent of the average area purchase
2001	price in the statistical area in which the eligible housing is
2002	located. Such average area purchase price may be that calculated
2003	for any 12-month period beginning not earlier than the fourth
2004	calendar year prior to the year in which the award occurs or as
2005	otherwise established by the United States Department of the
2006	Treasury.
2007
2008	If both an award under the local housing assistance plan and
2009	federal low-income housing tax credits are used to assist a
2010	project and there is a conflict between the criteria prescribed
2011	in this subsection and the requirements of s. 42 of the Internal
2012	Revenue Code of 1986, as amended, the county or eligible
2013	municipality may resolve the conflict by giving precedence to
2014	the requirements of s. 42 of the Internal Revenue Code of 1986,
2015	as amended, in lieu of following the criteria prescribed in this
2016	subsection with the exception of paragraphs (a) and (d) of this
2017	subsection.
2018	Section 29.  Subsection (6) of section 420.9076, Florida
2019	Statutes, is amended to read:
2020	420.9076  Adoption of affordable housing incentive
2021	strategies; committees.--
2022	(6)  Within 90 days after the date of receipt of the local
2023	housing incentive strategies recommendations from the advisory
2024	committee, the governing body of the appointing local government
2025	shall adopt an amendment to its local housing assistance plan to
2026	incorporate the local housing incentive strategies it will
2027	implement within its jurisdiction. The amendment must include,
2028	at a minimum, the local housing incentive strategies specified
2029	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
2030	Section 30.  Subsection (2) of section 420.9079, Florida
2031	Statutes, is amended to read:
2032	420.9079  Local Government Housing Trust Fund.--
2033	(2)  The corporation shall administer the fund exclusively
2034	for the purpose of implementing the programs described in ss.
2035	420.907-420.9078 and this section. With the exception of
2036	monitoring the activities of counties and eligible
2037	municipalities to determine local compliance with program
2038	requirements, the corporation shall not receive appropriations
2039	from the fund for administrative or personnel costs. For the
2040	purpose of implementing the compliance monitoring provisions of
2041	s. 420.9075(9)(8), the corporation may request a maximum of one-
2042	quarter of 1 percent of the annual appropriation $200,000 per
2043	state fiscal year. When such funding is appropriated, the
2044	corporation shall deduct the amount appropriated prior to
2045	calculating the local housing distribution pursuant to ss.
2046	420.9072 and 420.9073.
2047	Section 31.  Paragraph (c) of subsection (1) and paragraph
2048	(e) of subsection (2) of section 624.5105, Florida Statutes, are
2049	amended to read:
2050	624.5105  Community contribution tax credit; authorization;
2051	limitations; eligibility and application requirements;
2052	administration; definitions; expiration.--
2053	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
2054	(c)  The total amount of tax credit which may be granted
2055	for all programs approved under this section and ss.
2056	212.08(5)(q) and 220.183 is $10 $12 million annually for
2057	projects that provide homeownership opportunities for extremely-
2058	low-income persons, as defined in s. 420.0004(8), or low-income
2059	or very-low-income persons, as defined in s. 420.9071(19) and
2060	(28), and $3 million annually for all other projects.
2061	(2)  ELIGIBILITY REQUIREMENTS.--
2062	(e)1.  For the first 6 months of the fiscal year, the
2063	Office of Tourism, Trade, and Economic Development shall reserve
2064	80 percent of the first $10 million in available annual tax
2065	credits, and 70 percent of any available annual tax credits in
2066	excess of $10 million, for donations made to eligible sponsors
2067	for projects that provide homeownership opportunities for low-
2068	income or very-low-income households as defined in s.
2069	420.9071(19) and (28). If any such reserved annual tax credits
2070	remain after the first 6 months of the fiscal year, the office
2071	may approve the balance of these available credits for donations
2072	made to eligible sponsors for projects other than those that
2073	provide homeownership opportunities for low-income or very-low-
2074	income households.
2075	2.  For the first 6 months of the fiscal year, the office
2076	shall reserve 20 percent of the first $10 million in available
2077	annual tax credits, and 30 percent of any available annual tax
2078	credits in excess of $10 million, for donations made to eligible
2079	sponsors for projects other than those that provide
2080	homeownership opportunities for low-income or very-low-income
2081	households as defined in s. 420.9071(19) and (28). If any
2082	reserved annual tax credits remain after the first 6 months of
2083	the fiscal year, the office may approve the balance of these
2084	available credits for donations made to eligible sponsors for
2085	projects that provide homeownership opportunities for low-income
2086	or very-low-income households.
2087	3.  If, during the first 10 business days of the state
2088	fiscal year, eligible tax credit applications for projects that
2089	provide homeownership opportunities for extremely-low-income
2090	persons, as defined in s. 420.0004(8), or low-income or very-
2091	low-income persons, as defined in s. 420.9071(19) and (28), are
2092	received for less than the available annual tax credits
2093	available for those projects reserved under subparagraph 1., the
2094	office shall grant tax credits for those applications and shall
2095	grant remaining tax credits on a first-come, first-served basis
2096	for any subsequent eligible applications received before the end
2097	of the first 6 months of the state fiscal year. If, during the
2098	first 10 business days of the state fiscal year, eligible tax
2099	credit applications for projects that provide homeownership
2100	opportunities for extremely-low-income persons, as defined in s.
2101	420.0004(8), or low-income or very-low-income persons, as
2102	defined in s. 420.9071(19) and (28), are received for more than
2103	the available annual tax credits available for those projects
2104	reserved under subparagraph 1., the office shall grant the tax
2105	credits for those the applications as follows:
2106	a.  If tax credit applications submitted for approved
2107	projects of an eligible sponsor do not exceed $200,000 in total,
2108	the credits shall be granted in full if the tax credit
2109	applications are approved, subject to subparagraph 1.
2110	b.  If tax credit applications submitted for approved
2111	projects of an eligible sponsor exceed $200,000 in total, the
2112	amount of tax credits granted under sub-subparagraph a. shall be
2113	subtracted from the amount of available tax credits under
2114	subparagraph 1., and the remaining credits shall be granted to
2115	each approved tax credit application on a pro rata basis.
2116	c.  If, after the first 6 months of the fiscal year,
2117	additional credits become available under subparagraph 2., the
2118	office shall grant the tax credits by first granting to those
2119	who received a pro rata reduction up to the full amount of their
2120	request and, if there are remaining credits, granting credits to
2121	those who applied on or after the 11th business day of the state
2122	fiscal year on a first-come, first-served basis.
2123	2.4.  If, during the first 10 business days of the state
2124	fiscal year, eligible tax credit applications for projects other
2125	than those that provide homeownership opportunities for
2126	extremely-low-income persons, as defined in s. 420.0004(8), or
2127	low-income or very-low-income persons, as defined in s.
2128	420.9071(19) and (28) are received for less than the available
2129	annual tax credits available for those projects reserved under
2130	subparagraph 2., the office shall grant tax credits for those
2131	applications and shall grant remaining tax credits on a first-
2132	come, first-served basis for any subsequent eligible
2133	applications received before the end of the first 6 months of
2134	the state fiscal year. If, during the first 10 business days of
2135	the state fiscal year, eligible tax credit applications for
2136	projects other than those that provide homeownership
2137	opportunities for extremely-low-income persons, as defined in s.
2138	420.0004(8), or low-income or very-low-income persons, as
2139	defined in s. 420.9071(19) and (28), are received for more than
2140	the available annual tax credits available for those projects
2141	reserved under subparagraph 2., the office shall grant the tax
2142	credits for those the applications on a pro rata basis. If,
2143	after the first 6 months of the fiscal year, additional credits
2144	become available under subparagraph 1., the office shall grant
2145	the tax credits by first granting to those who received a pro
2146	rata reduction up to the full amount of their request and, if
2147	there are remaining credits, granting credits to those who
2148	applied on or after the 11th business day of the state fiscal
2149	year on a first-come, first-served basis.
2150	Section 32.  Subsection (12) is added to section 723.0612,
2151	Florida Statutes, to read:
2152	723.0612  Change in use; relocation expenses; payments by
2153	park owner.--
2154	(12)  If the owner of a mobile home or a recreational
2155	vehicle park applies to a local government to change the use of
2156	the land to a single-family residential or multi-family land use
2157	and the existing park has a density of 10 mobile homes or
2158	recreational vehicles or more per acre, the local government
2159	must allow at least 10 residential units per acre if:
2160	(a)  The proposed change in the use of the land is
2161	otherwise consistent with the local comprehensive plan; and
2162	(b)  The initial sales price of all residential units in
2163	the proposed project is less than 80 percent of the county
2164	median sales price for a single-family home.
2165	Section 33.  Subsection (12) of section 1001.43, Florida
2166	Statutes, is renumbered as subsection (13), and a new subsection
2167	(12) is added to that section to read:
2168	1001.43  Supplemental powers and duties of district school
2169	board.--The district school board may exercise the following
2170	supplemental powers and duties as authorized by this code or
2171	State Board of Education rule.
2172	(12)  AFFORDABLE HOUSING.--The district school board may
2173	provide affordable housing for teachers and other district
2174	personnel independently or in conjunction with other agencies as
2175	described in subsection (5).
2176	Section 34.  Paragraph (c) is added to subsection (5) of
2177	section 1013.64, Florida Statutes, to read:
2178	1013.64  Funds for comprehensive educational plant needs;
2179	construction cost maximums for school district capital
2180	projects.--Allocations from the Public Education Capital Outlay
2181	and Debt Service Trust Fund to the various boards for capital
2182	outlay projects shall be determined as follows:
2183	(5)  District school boards shall identify each fund source
2184	and the use of each proportionate to the project cost, as
2185	identified in the bid document, to assure compliance with this
2186	section. The data shall be submitted to the department, which
2187	shall track this information as submitted by the boards. PECO
2188	funds shall not be expended as indicated in the following:
2189	(c)  PECO funds shall not be used for the construction of
2190	affordable housing. School districts may use local and other
2191	funds to fund such projects.
2192	Section 35.  Community Workforce Housing Innovation Pilot
2193	Program.--
2194	(1)  The Legislature finds and declares that recent rapid
2195	increases in the median purchase price of a home and the cost of
2196	rental housing have far outstripped the increases in median
2197	income in the state, preventing essential services personnel
2198	from living in the communities where they serve and thereby
2199	creating the need for innovative solutions for the provision of
2200	housing opportunities for essential services personnel.
2201	(2)  The Community Workforce Housing Innovation Pilot
2202	Program is created to provide affordable rental and home
2203	ownership community workforce housing for essential services
2204	personnel affected by the high cost of housing, using regulatory
2205	incentives and state and local funds to promote local public-
2206	private partnerships and leverage government and private
2207	resources.
2208	(3)  For purposes of this section, the following
2209	definitions apply:
2210	(a)  "Workforce housing" means housing affordable to
2211	natural persons or families whose total annual household income
2212	does not exceed 140 percent of the area median income, adjusted
2213	for household size, or 150 percent of area median income,
2214	adjusted for household size, in areas of critical state concern
2215	designated under s. 380.05, Florida Statutes, for which the
2216	Legislature has declared its intent to provide affordable
2217	housing, and areas that were designated as areas of critical
2218	state concern for at least 20 consecutive years prior to removal
2219	of the designation.
2220	(b)  "Essential services personnel" means persons in need
2221	of affordable housing who are employed in occupations or
2222	professions in which they are considered essential services
2223	personnel, as defined by each county and eligible municipality
2224	within its respective local housing assistance plan pursuant to
2225	s. 420.9075(3)(a), Florida Statutes.
2226	(c)  "Public-private partnership" means any form of
2227	business entity that includes substantial involvement of at
2228	least one county, one municipality, or one public sector entity,
2229	such as a school district or other unit of local government in
2230	which the project is to be located, and at least one private
2231	sector for-profit or not-for-profit business or charitable
2232	entity, and may be any form of business entity, including a
2233	joint venture or contractual agreement.
2234	(4)  The Florida Housing Finance Corporation is authorized
2235	to provide Community Workforce Housing Innovation Pilot Program
2236	loans to an applicant for construction or rehabilitation of
2237	workforce housing in eligible areas. The corporation shall
2238	establish a funding process and selection criteria by rule or
2239	request for proposals. This funding is intended to be used with
2240	other public and private sector resources.
2241	(5)  The corporation shall provide incentives for local
2242	governments in eligible areas to use local affordable housing
2243	funds, such as those from the State Housing Initiatives
2244	Partnership Program, to assist in meeting the affordable housing
2245	needs of persons eligible under this program.
2246	(6)  Funding shall be targeted to projects in areas where
2247	the disparity between the area median income and the median
2248	sales price for a single-family home is greatest, and for
2249	projects in areas where population growth as a percentage rate
2250	of increase is greatest. The corporation may also fund projects
2251	in areas where innovative regulatory and financial incentives
2252	are made available. This program is intended to fund one program
2253	per county.
2254	(7)  Projects shall receive priority consideration for
2255	funding where:
2256	(a)  The local jurisdiction adopts appropriate regulatory
2257	incentives, local contributions or financial strategies, or
2258	other funding sources to promote the development and ongoing
2259	financial viability of such projects. Local incentives include
2260	such actions as expediting review of development orders and
2261	permits, supporting development near transportation hubs and
2262	major employment centers, and adopting land development
2263	regulations designed to allow flexibility in densities, use of
2264	accessory units, mixed-use developments, and flexible lot
2265	configurations. Financial strategies include such actions as
2266	promoting employer-assisted housing programs, providing tax
2267	increment financing, and providing land.
2268	(b)  Projects are innovative and include new construction
2269	or rehabilitation, mixed-income housing, or commercial and
2270	housing mixed-use elements and those that promote homeownership.
2271	The program funding shall not exceed the costs attributable to
2272	the portion of the project that is set aside to provide housing
2273	for the targeted population.
2274	(c)  Projects that set aside at least 80 percent of units
2275	for workforce housing and at least 50 percent for essential
2276	services personnel and for projects that require the least
2277	amount of program funding compared to the overall housing costs
2278	for the project.
2279	(8)  Notwithstanding the provisions of s. 163.3184(3)-(6),
2280	Florida Statutes, any local government comprehensive plan
2281	amendment to implement a Community Workforce Housing Innovation
2282	Pilot Program project found consistent with the provisions of
2283	this section shall be expedited as provided in this subsection.
2284	At least 30 days prior to adopting a plan amendment pursuant to
2285	this paragraph, the local government shall notify the state land
2286	planning agency of its intent to adopt such an amendment, and
2287	the notice shall include its evaluation related to site
2288	suitability and availability of facilities and services. The
2289	public notice of the hearing required by s. 163.3184(15)(e),
2290	Florida Statutes, shall include a statement that the local
2291	government intends to utilize the expedited adoption process
2292	authorized by this subsection. Such amendments shall require
2293	only a single public hearing before the governing board, which
2294	shall be an adoption hearing as described in s. 163.3184(7),
2295	Florida Statutes, and the state land planning agency shall issue
2296	its notice of intent pursuant to s. 163.3184(8), Florida
2297	Statutes, within 30 days after determining that the amendment
2298	package is complete.
2299	(9)  The corporation shall award loans with interest rates
2300	set at 1 to 3 percent, which may be made forgivable when long-
2301	term affordability is provided and when at least 80 percent of
2302	the units are set aside for workforce housing and at least 50
2303	percent of the units are set aside for essential services
2304	personnel.
2305	(10)  All eligible applications shall:
2306	(a)  For home ownership, limit the sales price of a
2307	detached unit, townhome, or condominium unit to not more than 80
2308	percent of the median sales price for that type of unit in that
2309	county, or the statewide median sales price for that type of
2310	unit, whichever is higher, and require that all eligible
2311	purchasers of home ownership units occupy the homes as their
2312	primary residence.
2313	(b)  For rental units, restrict rents for all workforce
2314	housing serving those with incomes at or below 120 percent of
2315	area median income at the appropriate income level using the
2316	restricted rents for the federal low-income housing tax credit
2317	program and, for workforce housing units serving those with
2318	incomes above 120 percent of area median income, restrict rents
2319	to those established by the corporation, not to exceed 30
2320	percent of the maximum household income adjusted to unit size.
2321	(c)  Demonstrate that the applicant is a public-private
2322	partnership.
2323	(d)  Have grants, donations of land, or contributions from
2324	the public-private partnership or other sources collectively
2325	totaling at least 15 percent of the total development cost. Such
2326	grants, donations of land, or contributions must be evidenced by
2327	a letter of commitment only at the time of application.
2328	(e)  Demonstrate how the applicant will use the regulatory
2329	incentives and financial strategies outlined in paragraph (7)(a)
2330	from the local jurisdiction in which the proposed project is to
2331	be located. The corporation may consult with the Department of
2332	Community Affairs in evaluating the use of regulatory incentives
2333	by applicants.
2334	(f)  Demonstrate that the applicant possesses title to or
2335	site control of land and evidences availability of required
2336	infrastructure.
2337	(g)  Demonstrate the applicant's affordable housing
2338	development and management experience.
2339	(h)  Provide any research or facts available supporting the
2340	demand and need for rental or home ownership workforce housing
2341	for eligible persons in the market in which the project is
2342	proposed.
2343	(11)  Projects may include manufactured housing constructed
2344	after June 1994 and installed in accordance with mobile home
2345	installation standards of the Department of Highway Safety and
2346	Motor Vehicles.
2347	(12)  The corporation may adopt rules pursuant to ss.
2348	120.536(1) and 120.54, Florida Statutes, to implement the
2349	provisions of this section.
2350	(13)  The corporation may use a maximum of 2 percent of the
2351	annual appropriation for administration and compliance
2352	monitoring.
2353	(14)  The corporation shall review the success of the
2354	Community Workforce Housing Innovation Pilot Program to
2355	ascertain whether the projects financed by the program are
2356	useful in meeting the housing needs of eligible areas. The
2357	corporation shall submit its report and any recommendations
2358	regarding the program to the Governor, the Speaker of the House
2359	of Representatives, and the President of the Senate not later
2360	than 2 months after the end of the corporation's fiscal year.
2361	Section 36.  Affordable housing land donation density bonus
2362	incentives.--
2363	(1)  A local government may provide density bonus
2364	incentives pursuant to the provisions of this section to any
2365	landowner who voluntarily donates fee simple interest in real
2366	property to the local government for the purpose of assisting
2367	the local government in providing affordable housing. Donated
2368	real property must be determined by the local government to be
2369	appropriate for use as affordable housing and must be subject to
2370	deed restrictions to ensure that the property will be used for
2371	affordable housing.
2372	(2)  For purposes of this section, the terms "affordable,"
2373	"extremely-low-income persons," "low-income persons," "moderate-
2374	income persons," and "very-low-income persons," have the same
2375	meaning as in s. 420.0004, Florida Statutes.
2376	(3)  The density bonus may be applied to any land within
2377	the local government's jurisdiction provided that residential
2378	use is an allowable use on the receiving land.
2379	(4)  The density bonus, identification of receiving land
2380	for the bonus, and any other conditions associated with the
2381	donation of the land for affordable housing are the subject of
2382	review and approval by the local government. The award of
2383	density bonus pursuant to this section, the legal description of
2384	the land receiving the bonus, and any other conditions
2385	associated with the bonus shall be memorialized in a development
2386	agreement or other binding agreement and recorded with the clerk
2387	of court in the county where the donated land and receiving land
2388	are located.
2389	(5)  The local government, as part of the approval process,
2390	shall adopt a comprehensive plan amendment, pursuant to part II
2391	of chapter 163, Florida Statutes, for the receiving land that
2392	incorporates the density bonus. Such amendment shall be adopted
2393	in the manner as required for small-scale amendments pursuant to
2394	s. 163.3187, Florida Statutes, is not subject to the
2395	requirements of s. 163.3184(3)-(6), Florida Statutes, and is
2396	exempt from the limitation on the frequency of plan amendments
2397	as provided in s. 163.3187, Florida Statutes.
2398	(6)  The deed restrictions required pursuant to subsection
2399	(1) for an affordable housing unit must also prohibit the unit
2400	from being sold at a price that exceeds the threshold for
2401	housing that is affordable for low-income or moderate-income
2402	persons or to a buyer who is not eligible due to his or her
2403	income under chapter 420, Florida Statutes. The deed restriction
2404	may allow affordable housing units created under subsection (1)
2405	to be rented to extremely-low-income, very-low-income, low-
2406	income, or moderate-income persons.
2407	(7)  The local government may transfer all or a portion of
2408	the donated land to a nonprofit housing organization, such as a
2409	community land trust, housing authority, or community
2410	redevelopment agency, to be used for the production and
2411	preservation of permanently affordable housing.
2412	Section 37.  The Department of Community Affairs shall
2413	establish the Home Retrofit Hardening Program. The program is a
2414	competitive grant program to fund improvements to homes
2415	constructed before the implementation of the current Florida
2416	Building Code when the improvements will directly affect the
2417	home's ability to withstand hurricane force winds and improve
2418	the home's rating for home insurance. Site-built and mobile
2419	homes are eligible for funding under this program. However,
2420	priority shall be given to low-income homeowners, as defined in
2421	s. 420.0004(10), Florida Statutes, who live in wind-borne debris
2422	regions as defined in the Florida Building Code.
2423	(1)  The program shall be administered by local
2424	governments, regional planning councils, or private nonprofit
2425	agencies under the overall direction of the department. When
2426	awarding program funds, the department shall be guided by:
2427	(a)  The number of homes in need of improvement.
2428	(b)  The number of homes located within the wind-borne
2429	debris region.
2430	(c)  The number of persons who will benefit from the
2431	improvements.
2432	(d)  The number of extremely-low-income, very-low-income,
2433	and low-income households that will benefit from the
2434	improvements.
2435	(e)  The costs per home to provide improvements.
2436	(2)  Funds may be used for the following improvements
2437	installed in compliance with Blueprint for Safety standards:
2438	(a)  Roof deck attachments.
2439	(b)  Secondary water barriers.
2440	(c)  Roof coverings.
2441	(d)  Brace gable ends.
2442	(e)  Reinforcement of roof-to-wall connections.
2443	(f)  Opening protection.
2444	(g)  Exterior doors.
2445	(3)  Each project grant for an individual home retrofit may
2446	not exceed $10,000.
2447	(4)  Administrative costs shall be kept to a minimum.
2448	(5)  Grantees are encouraged to leverage grant funds
2449	available under this program with other available funds.
2450	Matching funds for a project is not a requirement. However,
2451	matching funds from other available sources may be considered by
2452	the department in the competitive-review process.
2453	(6)  The sum of $50 million is appropriated from the United
2454	States Contributions Trust Fund to the Department of Community
2455	Affairs in fixed capital outlay for the Home Retrofit Hardening
2456	Program. No more than 5 percent of the funds provided under this
2457	section may be used by the department for administration of this
2458	funding.
2459	Section 38.  The Department of Community Affairs shall
2460	establish the Disaster Recovery Assistance Program which shall
2461	be a grant program to fund repairs and rehabilitation to homes
2462	in communities severely impacted by the 2004 and 2005
2463	hurricanes. These funds shall be leveraged with other program
2464	funds targeted to the most vulnerable citizens of the state. The
2465	sum of $2 million is appropriated in fixed capital outlay from
2466	the State Housing Trust Fund in the Department of Community
2467	Affairs for the Disaster Recovery Assistance Program. For the
2468	purposes of implementing this section, the Florida Housing
2469	Finance Corporation is provided nonoperating budget authority to
2470	transfer $2 million from the State Housing Trust Fund to the
2471	Department of Community Affairs.
2472	Section 39.  The Florida Housing Finance Corporation is
2473	authorized to provide funds to eligible entities for affordable
2474	housing recovery in those areas of the state which sustained
2475	housing damage due to hurricanes during 2004 and 2005. The
2476	Florida Housing Finance Corporation shall utilize data provided
2477	by the Federal Emergency Management Agency to assist in its
2478	allocation of funds to local jurisdictions. To administer these
2479	programs, the Florida Housing Finance Corporation shall be
2480	guided by the "Hurricane Housing Work Group Recommendations to
2481	Assist in Florida's Long Term Housing Recovery Efforts" report
2482	dated February 16, 2005, and may adopt emergency rules pursuant
2483	to s. 120.54, Florida Statutes. The Legislature finds that
2484	emergency rules adopted pursuant to this section meet the
2485	health, safety, and welfare requirement of s. 120.54(4), Florida
2486	Statutes. The Legislature finds that such emergency rulemaking
2487	power is necessary for the preservation of the rights and
2488	welfare of the people in order to provide additional funds to
2489	assist those areas of the state that sustained housing damage
2490	due to hurricanes during 2004 and 2005. Therefore, in adopting
2491	such emergency rules, the corporation need not make the findings
2492	required by s. 120.54(4)(a), Florida Statutes. Emergency rules
2493	adopted under this section are exempt from s. 120.54(4)(c),
2494	Florida Statutes. The sum of $15 million is appropriated from
2495	the Local Government Housing Trust Fund to the Florida Housing
2496	Finance Corporation for the Hurricane Housing Recovery Program.
2497	The corporation may use a maximum of one-quarter of 1 percent of
2498	the $15 million appropriation for the Hurricane Housing Recovery
2499	Program for administration, monitoring, and compliance of the
2500	provisions of the program. There is appropriated from the State
2501	Housing Trust Fund to the Florida Housing Finance Corporation
2502	the sum of $25 million for the Farmworker Housing Recovery
2503	Program and the Special Housing Assistance and Development
2504	Program, the sum of $400,000 for technical and training
2505	assistance, and the sum of $176.6 million for the Rental
2506	Recovery Loan Program.
2507	Section 40.  The sum of $82,904,000 is appropriated from
2508	the Florida Small Cities Community Development Block Grant
2509	Program Fund to the Department of Community Affairs. These funds
2510	shall be used consistent with the Federal Register, Vol. 71, No.
2511	29, February 13, 2006, Docket No. FR-5051-N-01, and the Action
2512	Plan for Disaster Recovery approved by the United States
2513	Department of Housing and Urban Development to meet the needs of
2514	communities impacted by Hurricanes Wilma and Katrina, with a
2515	prioritization toward affordable housing in the most impacted
2516	areas of the state.
2517	Section 41.  The sum of $50 million is appropriated from
2518	the Local Government Housing Trust Fund to the Florida Housing
2519	Finance Corporation for fiscal year 2006-2007 to implement the
2520	Community Workforce Housing Innovation Pilot Program.
2521	Section 42.  The sum of $33 million is appropriated from
2522	the Local Government Housing Trust Fund to the Florida Housing
2523	Finance Corporation for fiscal year 2006-2007 to assist in the
2524	production of housing units for extremely-low-income persons as
2525	defined in s. 420.0004(8), Florida Statutes.
2526	Section 43.  Except as otherwise expressly provided in this
2527	act, this act shall take effect July 1, 2006.
2528
2529	======= T I T L E  A M E N D M E N T ==========
2530	Remove the entire title and insert:
2531	A bill to be entitled
2532	An act relating to affordable housing; creating s.
2533	125.379, F.S.; providing for disposition of county
2534	property for affordable housing; amending s. 163.31771,
2535	F.S., relating to accessory dwelling units; revising
2536	legislative findings and definitions; conforming cross-
2537	references; creating s. 163.31772, F.S.; providing
2538	legislative findings and intent relating to changes in
2539	land use affecting mobile home parks; providing
2540	definitions; providing requirements for local governments
2541	and community redevelopment agencies regarding specified
2542	funding sources to provide financial assistance to certain
2543	mobile home owners; providing requirements for mobile home
2544	owners to qualify for financial assistance; requiring
2545	local governments to permit and approve rezoning of
2546	property for the development of new mobile home parks;
2547	providing that a local government or redevelopment agency
2548	may enter into a development agreement with the owner of a
2549	mobile home park to encourage its continued use for
2550	affordable housing; providing rulemaking authority;
2551	limiting the length of certain development agreements;
2552	amending s. 163.3187, F.S.; revising a limitation relating
2553	to small scale comprehensive plan amendments involving the
2554	construction of affordable housing units; creating s.
2555	166.0451, F.S.; providing for disposition of municipal
2556	property for affordable housing; amending s. 189.4155,
2557	F.S.; authorizing independent special districts to provide
2558	for housing and housing assistance; amending s. 191.006,
2559	F.S.; authorizing independent special fire control
2560	districts to provide employee housing and housing
2561	assistance; creating s. 193.018, F.S.; creating the Manny
2562	Diaz Affordable Housing Property Tax Relief Initiative;
2563	providing criteria for assessing just valuation of
2564	affordable housing properties serving persons of low,
2565	moderate, very-low, and extremely-low incomes; amending s.
2566	196.1978, F.S.; specifying what constitutes a nonprofit
2567	entity for purposes of affordable housing property tax
2568	exemption; conforming cross-references; amending ss.
2569	212.08, 220.183, and 624.5105, F.S.; increasing the amount
2570	of available tax credits against the sales tax, corporate
2571	income tax, and insurance premium tax, respectively, for
2572	projects under the community contribution tax credit
2573	program and providing separate annual limitations for
2574	certain projects; revising requirements and procedures for
2575	the Office of Tourism, Trade, and Economic Development in
2576	granting tax credits under the program; including
2577	extremely-low-income persons as eligible recipients of
2578	assistance; conforming cross-references; amending s.
2579	253.034, F.S.; providing for the disposition of state
2580	lands for affordable housing; amending s. 253.0341, F.S.;
2581	authorizing local governments to request state lands be
2582	declared surplus for the purpose of affordable housing;
2583	providing for use of lands that are declared surplus;
2584	amending s. 295.16, F.S.; expanding the disabled veteran
2585	exemption from certain license and permit fees relating to
2586	dwelling improvements; amending s. 376.30781, F.S;
2587	providing tax credits for eligible applicants; amending s.
2588	380.06, F.S.; providing a greater substantial deviation
2589	threshold for the provision of affordable housing in a
2590	development of regional impact; conforming cross-
2591	references; amending s. 380.0651, F.S.; providing a
2592	statewide guidelines and standards bonus for the provision
2593	of workforce housing; amending s. 420.0004, F.S.; defining
2594	the term "extremely-low-income persons"; conforming cross-
2595	references; amending s. 420.37, F.S., relating to
2596	additional powers of the Florida Housing Finance
2597	Corporation; providing for additional powers of the
2598	Florida Department of Community Affairs; amending s.
2599	420.503, F.S.; revising the definition of the term
2600	"farmworker" under the Florida Housing Finance Corporation
2601	Act; providing rulemaking authority; amending s. 420.5061,
2602	F.S.; conforming a cross-reference; amending s. 420.507,
2603	F.S.; revising and expanding the powers of the Florida
2604	Housing Finance Corporation relating to mortgage loan
2605	interest rates, loans, loan relief, uses of loan funds,
2606	subsidiary business entities, and data reporting;
2607	providing rulemaking authority; amending s. 420.5087,
2608	F.S.; increasing the population criteria for the State
2609	Apartment Incentive Loan Program; revising criteria for
2610	loans; conforming cross-references; amending s. 420.5088,
2611	F.S.; expanding the scope of the Florida Homeownership
2612	Assistance Program; revising loan requirements; deleting a
2613	provision reserving program funds for certain borrowers;
2614	repealing s. 420.530, F.S., relating to the State Farm
2615	Worker Housing Pilot Loan Program; amending s. 420.9071,
2616	F.S.; conforming a cross-reference; amending s. 420.9072,
2617	F.S.; conforming cross-references; amending s. 420.9075,
2618	F.S.; requiring local housing assistance plans to define
2619	essential service personnel for the county or eligible
2620	municipality and to contain a strategy for the recruitment
2621	and retention of such personnel; providing for provision
2622	of funds for homeownership for extremely-low-income, very-
2623	low-income, or low-income persons; amending s. 420.9076,
2624	F.S.; conforming a cross-reference; amending s. 420.9079,
2625	F.S.; revising the maximum appropriation the Florida
2626	Housing Finance Corporation may request each state fiscal
2627	year; conforming a cross-reference; amending s. 1001.43,
2628	F.S.; authorizing district school boards to provide
2629	affordable housing for teachers and other district
2630	personnel; amending s. 723.0612, F.S.; requiring local
2631	governments to allow the owner of a mobile home or a
2632	recreational vehicle park to change the use of park land
2633	to a single-family residential or multi-family land use
2634	under certain conditions; amending s. 1013.64, F.S.;
2635	prohibiting the use of PECO funds for the construction of
2636	affordable housing; authorizing school districts to use
2637	local and other funds to fund the construction of
2638	affordable housing; creating the Community Workforce
2639	Housing Innovation Pilot Program; provides legislative
2640	findings; providing definitions; providing the Florida
2641	Housing Finance Corporation with certain powers and
2642	responsibilities relating to the program; requiring the
2643	program to target certain entities; providing application
2644	requirements; providing incentives for program applicants;
2645	providing rulemaking authority; requires a report to the
2646	Governor and Legislature; authorizing local governments to
2647	provide density bonus incentives to landowners who donate
2648	fee simple interest in real property to the local
2649	government for the purpose of assisting the local
2650	government in providing affordable housing; providing
2651	definitions and requirements governing such donations and
2652	density bonuses; requiring the Department of Community
2653	Affairs to establish a Home Retrofit Hardening Program and
2654	establishing requirements for the program; requiring the
2655	Department of Community Affairs to establish a Disaster
2656	Recovery Assistance Program and establishing requirements
2657	for the program; authorizing the Florida Housing Finance
2658	Corporation to provide funds to eligible entities for
2659	affordable housing recovery in areas of the state
2660	sustaining hurricane damage due to hurricanes during 2004
2661	and 2005; providing legislative findings and emergency
2662	rulemaking authority; providing appropriations; providing
2663	effective dates.

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