Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1363, 2nd Eng.
Barcode 460562
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 125.379, Florida Statutes, is
18 created to read:
125.379 Disposition of county property for affordable
20 housing.--
21 (1) By July 1, 2007, and every 3 years thereafter,
22 each county shall prepare an inventory list of all real
23 property within its jurisdiction to which the county holds fee
24 simple title that is appropriate for use as affordable
25 housing. The inventory list must include the address and legal
26 description of each such real property and specify whether the
27 property is vacant or improved. The governing body of the
28 county must review the inventory list at a public hearing and
29 may revise it at the conclusion of the public hearing. The
30 governing body of the county shall adopt a resolution that
31 includes an inventory list of such property following the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1363, 2nd Eng.
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1 public hearing.
2 (2) The properties identified as appropriate for use
3 as affordable housing on the inventory list adopted by the
4 county may be offered for sale and the proceeds used to
5 purchase land for the development of affordable housing or to
6 increase the local government fund earmarked for affordable
7 housing, or may be sold with a restriction that requires the
8 development of the property as permanent affordable housing,
9 or may be donated to a nonprofit housing organization for the
10 construction of permanent affordable housing. Alternatively,
11 the county may otherwise make the property available for use
12 for the production and preservation of permanent affordable
13 housing. For purposes of this section, the term "affordable"
14 has the same meaning as in s. 420.0004(3).
15 Section 2. Subsections (1) and (4) and paragraphs (b),
16 (d), (e), and (f) of subsection (2) of section 163.31771,
17 Florida Statutes, are amended, and paragraph (g) is added to
18 subsection (2) of that section, to read:
19 163.31771 Accessory dwelling units.--
20 (1) The Legislature finds that the median price of
21 homes in this state has increased steadily over the last
22 decade and at a greater rate of increase than the median
23 income in many urban areas. The Legislature finds that the
24 cost of rental housing has also increased steadily and the
25 cost often exceeds an amount that is affordable to
26 extremely-low-income, very-low-income, low-income, or
27 moderate-income persons and has resulted in a critical
28 shortage of affordable rentals in many urban areas in the
29 state. This shortage of affordable rentals constitutes a
30 threat to the health, safety, and welfare of the residents of
31 the state. Therefore, the Legislature finds that it serves an
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1363, 2nd Eng.
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1 important public purpose to encourage the permitting of
2 accessory dwelling units in single-family residential areas in
3 order to increase the availability of affordable rentals for
4 extremely-low-income, very-low-income, low-income, or
5 moderate-income persons.
6 (2) As used in this section, the term:
7 (b) "Affordable rental" means that monthly rent and
8 utilities do not exceed 30 percent of that amount which
9 represents the percentage of the median adjusted gross annual
10 income for extremely-low-income, very-low-income, low-income,
11 or moderate-income persons.
12 (d) "Low-income persons" has the same meaning as in s.
13 420.0004(10)(9).
14 (e) "Moderate-income persons" has the same meaning as
15 in s. 420.0004(11)(10).
16 (f) "Very-low-income persons" has the same meaning as
17 in s. 420.0004(15)(14).
18 (g) "Extremely-low-income persons" has the same
19 meaning as in s. 420.0004(8).
20 (4) If the local government adopts an ordinance under
21 this section, an application for a building permit to
22 construct an accessory dwelling unit must include an affidavit
23 from the applicant which attests that the unit will be rented
24 at an affordable rate to an extremely-low-income, a
25 very-low-income, low-income, or moderate-income person or
26 persons.
27 Section 3. Paragraph (c) of subsection (1) of section
28 163.3187, Florida Statutes, is amended to read:
29 163.3187 Amendment of adopted comprehensive plan.--
30 (1) Amendments to comprehensive plans adopted pursuant
31 to this part may be made not more than two times during any
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1363, 2nd Eng.
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1 calendar year, except:
2 (c) Any local government comprehensive plan amendments
3 directly related to proposed small scale development
4 activities may be approved without regard to statutory limits
5 on the frequency of consideration of amendments to the local
6 comprehensive plan. A small scale development amendment may be
7 adopted only under the following conditions:
8 1. The proposed amendment involves a use of 10 acres
9 or fewer and:
10 a. The cumulative annual effect of the acreage for all
11 small scale development amendments adopted by the local
12 government shall not exceed:
13 (I) A maximum of 120 acres in a local government that
14 contains areas specifically designated in the local
15 comprehensive plan for urban infill, urban redevelopment, or
16 downtown revitalization as defined in s. 163.3164, urban
17 infill and redevelopment areas designated under s. 163.2517,
18 transportation concurrency exception areas approved pursuant
19 to s. 163.3180(5), or regional activity centers and urban
20 central business districts approved pursuant to s.
21 380.06(2)(e); however, amendments under this paragraph may be
22 applied to no more than 60 acres annually of property outside
23 the designated areas listed in this sub-sub-subparagraph.
24 Amendments adopted pursuant to paragraph (k) shall not be
25 counted toward the acreage limitations for small scale
26 amendments under this paragraph.
27 (II) A maximum of 80 acres in a local government that
28 does not contain any of the designated areas set forth in
29 sub-sub-subparagraph (I).
30 (III) A maximum of 120 acres in a county established
31 pursuant to s. 9, Art. VIII of the State Constitution.
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Bill No. HB 1363, 2nd Eng.
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1 b. The proposed amendment does not involve the same
2 property granted a change within the prior 12 months.
3 c. The proposed amendment does not involve the same
4 owner's property within 200 feet of property granted a change
5 within the prior 12 months.
6 d. The proposed amendment does not involve a text
7 change to the goals, policies, and objectives of the local
8 government's comprehensive plan, but only proposes a land use
9 change to the future land use map for a site-specific small
10 scale development activity.
11 e. The property that is the subject of the proposed
12 amendment is not located within an area of critical state
13 concern, unless the project subject to the proposed amendment
14 involves the construction of affordable housing units meeting
15 the criteria of s. 420.0004(3), and is located within an area
16 of critical state concern designated by s. 380.0552 or by the
17 Administration Commission pursuant to s. 380.05(1). Such
18 amendment is not subject to the density limitations of
19 sub-subparagraph f., and shall be reviewed by the state land
20 planning agency for consistency with the principles for
21 guiding development applicable to the area of critical state
22 concern where the amendment is located and shall not become
23 effective until a final order is issued under s. 380.05(6).
24 f. If the proposed amendment involves a residential
25 land use, the residential land use has a density of 10 units
26 or less per acre or the proposed future land use category
27 allows a maximum residential density of the same or less than
28 the maximum residential density allowable under the existing
29 future land use category, except that this limitation does not
30 apply to small scale amendments involving the construction of
31 affordable housing units meeting the criteria of s.
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Bill No. HB 1363, 2nd Eng.
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1 420.0004(3) on property which will be the subject of a land
2 use restriction agreement or extended use agreement recorded
3 in conjunction with the issuance of tax exempt bond financing
4 or an allocation of federal tax credits issued through the
5 Florida Housing Finance Corporation or a local housing finance
6 authority authorized by the Division of Bond Finance of the
7 State Board of Administration, or small scale amendments
8 described in sub-sub-subparagraph a.(I) that are designated in
9 the local comprehensive plan for urban infill, urban
10 redevelopment, or downtown revitalization as defined in s.
11 163.3164, urban infill and redevelopment areas designated
12 under s. 163.2517, transportation concurrency exception areas
13 approved pursuant to s. 163.3180(5), or regional activity
14 centers and urban central business districts approved pursuant
15 to s. 380.06(2)(e).
16 2.a. A local government that proposes to consider a
17 plan amendment pursuant to this paragraph is not required to
18 comply with the procedures and public notice requirements of
19 s. 163.3184(15)(c) for such plan amendments if the local
20 government complies with the provisions in s. 125.66(4)(a) for
21 a county or in s. 166.041(3)(c) for a municipality. If a
22 request for a plan amendment under this paragraph is initiated
23 by other than the local government, public notice is required.
24 b. The local government shall send copies of the
25 notice and amendment to the state land planning agency, the
26 regional planning council, and any other person or entity
27 requesting a copy. This information shall also include a
28 statement identifying any property subject to the amendment
29 that is located within a coastal high-hazard area as
30 identified in the local comprehensive plan.
31 3. Small scale development amendments adopted pursuant
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Bill No. HB 1363, 2nd Eng.
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1 to this paragraph require only one public hearing before the
2 governing board, which shall be an adoption hearing as
3 described in s. 163.3184(7), and are not subject to the
4 requirements of s. 163.3184(3)-(6) unless the local government
5 elects to have them subject to those requirements.
6 4. If the small scale development amendment involves a
7 site within an area that is designated by the Governor as a
8 rural area of critical economic concern under s. 288.0656(7)
9 for the duration of such designation, the 10-acre limit listed
10 in subparagraph 1. shall be increased by 100 percent to 20
11 acres. The local government approving the small scale plan
12 amendment shall certify to the Office of Tourism, Trade, and
13 Economic Development that the plan amendment furthers the
14 economic objectives set forth in the executive order issued
15 under s. 288.0656(7), and the property subject to the plan
16 amendment shall undergo public review to ensure that all
17 concurrency requirements and federal, state, and local
18 environmental permit requirements are met.
19 Section 4. Section 166.0451, Florida Statutes, is
20 created to read:
21 166.0451 Disposition of municipal property for
22 affordable housing.--
23 (1) By July 1, 2007, and every 3 years thereafter,
24 each municipality shall prepare an inventory list of all real
25 property within its jurisdiction to which the municipality
26 holds fee simple title that is appropriate for use as
27 affordable housing. The inventory list must include the
28 address and legal description of each such property and
29 specify whether the property is vacant or improved. The
30 governing body of the municipality must review the inventory
31 list at a public hearing and may revise it at the conclusion
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Bill No. HB 1363, 2nd Eng.
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1 of the public hearing. Following the public hearing, the
2 governing body of the municipality shall adopt a resolution
3 that includes an inventory list of such property.
4 (2) The properties identified as appropriate for use
5 as affordable housing on the inventory list adopted by the
6 municipality may be offered for sale and the proceeds may be
7 used to purchase land for the development of affordable
8 housing or to increase the local government fund earmarked for
9 affordable housing, or may be sold with a restriction that
10 requires the development of the property as permanent
11 affordable housing, or may be donated to a nonprofit housing
12 organization for the construction of permanent affordable
13 housing. Alternatively, the municipality may otherwise make
14 the property available for use for the production and
15 preservation of permanent affordable housing. For purposes of
16 this section, the term "affordable" has the same meaning as in
17 s. 420.0004(3).
18 Section 5. The Legislature finds that providing
19 affordable housing is vitally important to the health, safety,
20 and welfare of the residents of this state. Furthermore, the
21 Legislature finds that escalating property values and
22 development costs have contributed to the inadequate supply of
23 housing for low- and moderate-income residents of this state.
24 The Legislature further finds that there is a shortage of
25 sites available for housing for persons and families with low
26 and moderate incomes and that surplus government land, when
27 appropriate, should be made available for that purpose.
28 Therefore, the Legislature determines and declares that this
29 act fulfills an important state interest.
30 Section 6. Subsection (6) is added to section
31 189.4155, Florida Statutes, to read:
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1 189.4155 Activities of special districts; local
2 government comprehensive planning.--
3 (6) Any independent district created under a special
4 act or general law, including, but not limited to, chapter
5 189, chapter 190, chapter 191, or chapter 298, for the purpose
6 of providing urban infrastructure of services may provide
7 housing and housing assistance for its employed personnel
8 whose total annual household income does not exceed 140
9 percent of the area median income, adjusted for family size.
10 Section 7. Subsection (19) is added to section
11 191.006, Florida Statutes, to read:
12 191.006 General powers.--The district shall have, and
13 the board may exercise by majority vote, the following powers:
14 (19) To provide housing or housing assistance for its
15 employed personnel whose total annual household income does
16 not exceed 140 percent of the area median income, adjusted for
17 family size.
18 Section 8. Paragraph (b) of subsection (2) and
19 subsection (4) of section 197.252, Florida Statutes, are
20 amended to read:
21 197.252 Homestead tax deferral.--
22 (2)
23 (b) If In the event the applicant is entitled to claim
24 the increased exemption by reason of age and residency as
25 provided in s. 196.031(3)(a), approval of the such application
26 shall defer that portion of the such ad valorem taxes plus
27 non-ad valorem assessments which exceeds 3 percent of the
28 applicant's household household's income for the prior
29 calendar year. If any such applicant's household income for
30 the prior calendar year is less than $10,000, or is less than
31 the amount of the household income designated for the
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1 additional homestead exemption pursuant to s. 196.075, and the
2 $12,000 if such applicant is 65 70 years of age or older,
3 approval of the such application shall defer the such ad
4 valorem taxes plus non-ad valorem assessments in their
5 entirety.
6 (4) The amount of taxes, non-ad valorem assessments,
7 and interest deferred under pursuant to this act shall accrue
8 interest at a rate equal to the semiannually compounded rate
9 of one-half of 1 percent plus the average yield to maturity of
10 the long-term fixed-income portion of the Florida Retirement
11 System investments as of the end of the quarter preceding the
12 date of the sale of the deferred payment tax certificates;
13 however, the interest rate may not exceed 7 9.5 percent.
14 Section 9. Paragraph (f) of subsection (6) of section
15 253.034, Florida Statutes, is amended to read:
16 253.034 State-owned lands; uses.--
17 (6) The Board of Trustees of the Internal Improvement
18 Trust Fund shall determine which lands, the title to which is
19 vested in the board, may be surplused. For conservation lands,
20 the board shall make a determination that the lands are no
21 longer needed for conservation purposes and may dispose of
22 them by an affirmative vote of at least three members. In the
23 case of a land exchange involving the disposition of
24 conservation lands, the board must determine by an affirmative
25 vote of at least three members that the exchange will result
26 in a net positive conservation benefit. For all other lands,
27 the board shall make a determination that the lands are no
28 longer needed and may dispose of them by an affirmative vote
29 of at least three members.
30 (f)1. In reviewing lands owned by the board, the
31 council shall consider whether such lands would be more
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1 appropriately owned or managed by the county or other unit of
2 local government in which the land is located. The council
3 shall recommend to the board whether a sale, lease, or other
4 conveyance to a local government would be in the best
5 interests of the state and local government. The provisions of
6 this paragraph in no way limit the provisions of ss. 253.111
7 and 253.115. Such lands shall be offered to the state, county,
8 or local government for a period of 30 days. Permittable uses
9 for such surplus lands may include public schools; public
10 libraries; fire or law enforcement substations; and
11 governmental, judicial, or recreational centers; and
12 affordable housing meeting the criteria of s. 420.0004(3).
13 County or local government requests for surplus lands shall be
14 expedited throughout the surplusing process. If the county or
15 local government does not elect to purchase such lands in
16 accordance with s. 253.111, then any surplusing determination
17 involving other governmental agencies shall be made upon the
18 board deciding the best public use of the lands. Surplus
19 properties in which governmental agencies have expressed no
20 interest shall then be available for sale on the private
21 market.
22 2. Notwithstanding subparagraph 1., any surplus lands
23 that were acquired by the state prior to 1958 by a gift or
24 other conveyance for no consideration from a municipality, and
25 which the department has filed by July 1, 2006, a notice of
26 its intent to surplus, shall be first offered for reconveyance
27 to such municipality at no cost, but for the fair market value
28 of any building or other improvements to the land, unless
29 otherwise provided in a deed restriction of record. This
30 subparagraph expires July 1, 2006.
31 Section 10. Section 253.0341, Florida Statutes, is
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1 amended to read:
2 253.0341 Surplus of state-owned lands to counties or
3 local governments.--Counties and local governments may submit
4 surplusing requests for state-owned lands directly to the
5 board of trustees. County or local government requests for the
6 state to surplus conservation or nonconservation lands,
7 whether for purchase or exchange, shall be expedited
8 throughout the surplusing process. Property jointly acquired
9 by the state and other entities shall not be surplused without
10 the consent of all joint owners.
11 (1) The decision to surplus state-owned
12 nonconservation lands may be made by the board without a
13 review of, or a recommendation on, the request from the
14 Acquisition and Restoration Council or the Division of State
15 Lands. Such requests for nonconservation lands shall be
16 considered by the board within 60 days of the board's receipt
17 of the request.
18 (2) County or local government requests for the
19 surplusing of state-owned conservation lands are subject to
20 review of, and recommendation on, the request to the board by
21 the Acquisition and Restoration Council. Requests to surplus
22 conservation lands shall be considered by the board within 120
23 days of the board's receipt of the request.
24 (3) A local government may request that state lands be
25 specifically declared surplus lands for the purpose of
26 providing affordable housing. The request shall comply with
27 the requirements of subsection (1) if the lands are
28 nonconservation lands or subsection (2) if the lands are
29 conservation lands. Surplus lands that are conveyed to a local
30 government for affordable housing shall be disposed of by the
31 local government under the provisions of s. 125.379 or s.
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1 166.0451.
2 Section 11. Section 295.16, Florida Statutes, is
3 amended to read:
4 295.16 Disabled veterans exempt from certain license
5 or permit fee.--No totally and permanently disabled veteran
6 who is a resident of Florida and honorably discharged from the
7 Armed Forces, who has been issued a valid identification card
8 by the Department of Veterans' Affairs in accordance with s.
9 295.17 or has been determined by the United States Department
10 of Veterans Affairs or its predecessor to have a
11 service-connected 100-percent disability rating for
12 compensation, or who has been determined to have a
13 service-connected disability rating of 100 percent and is in
14 receipt of disability retirement pay from any branch of the
15 uniformed armed services, shall be required to pay any license
16 or permit fee, by whatever name known, to any county or
17 municipality in order to make improvements upon a dwelling
18 mobile home owned by the veteran which is used as the
19 veteran's residence, provided such improvements are limited to
20 ramps, widening of doors, and similar improvements for the
21 purpose of making the dwelling mobile home habitable for
22 veterans confined to wheelchairs.
23 Section 12. Paragraphs (b) and (e) of subsection (19)
24 of section 380.06, Florida Statutes, are amended, and
25 paragraph (i) is added to that subsection, to read:
26 380.06 Developments of regional impact.--
27 (19) SUBSTANTIAL DEVIATIONS.--
28 (b) Any proposed change to a previously approved
29 development of regional impact or development order condition
30 which, either individually or cumulatively with other changes,
31 exceeds any of the following criteria shall constitute a
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1 substantial deviation and shall cause the development to be
2 subject to further development-of-regional-impact review
3 without the necessity for a finding of same by the local
4 government:
5 1. An increase in the number of parking spaces at an
6 attraction or recreational facility by 5 percent or 300
7 spaces, whichever is greater, or an increase in the number of
8 spectators that may be accommodated at such a facility by 5
9 percent or 1,000 spectators, whichever is greater.
10 2. A new runway, a new terminal facility, a 25-percent
11 lengthening of an existing runway, or a 25-percent increase in
12 the number of gates of an existing terminal, but only if the
13 increase adds at least three additional gates.
14 3. An increase in the number of hospital beds by 5
15 percent or 60 beds, whichever is greater.
16 4. An increase in industrial development area by 5
17 percent or 32 acres, whichever is greater.
18 5. An increase in the average annual acreage mined by
19 5 percent or 10 acres, whichever is greater, or an increase in
20 the average daily water consumption by a mining operation by 5
21 percent or 300,000 gallons, whichever is greater. An increase
22 in the size of the mine by 5 percent or 750 acres, whichever
23 is less. An increase in the size of a heavy mineral mine as
24 defined in s. 378.403(7) will only constitute a substantial
25 deviation if the average annual acreage mined is more than 500
26 acres and consumes more than 3 million gallons of water per
27 day.
28 6. An increase in land area for office development by
29 5 percent or an increase of gross floor area of office
30 development by 5 percent or 60,000 gross square feet,
31 whichever is greater.
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1 7. An increase in the storage capacity for chemical or
2 petroleum storage facilities by 5 percent, 20,000 barrels, or
3 7 million pounds, whichever is greater.
4 8. An increase of development at a waterport of wet
5 storage for 20 watercraft, dry storage for 30 watercraft, or
6 wet/dry storage for 60 watercraft in an area identified in the
7 state marina siting plan as an appropriate site for additional
8 waterport development or a 5-percent increase in watercraft
9 storage capacity, whichever is greater.
10 9. An increase in the number of dwelling units by 5
11 percent or 50 dwelling units, whichever is greater.
12 10. An increase in the number of dwelling units by 50
13 percent, or 200 units, whichever is greater, provided that 15
14 percent of the proposed additional dwelling units are
15 dedicated to affordable workforce housing, subject to a
16 recorded land use restriction that shall be for a period of
17 not less than 20 years and that includes resale provisions to
18 ensure long-term affordability for income-eligible homeowners
19 and renters and provisions for the workforce housing to be
20 commenced prior to the completion of 50 percent of the market
21 rate dwelling. For purposes of this subparagraph, the term
22 "affordable workforce housing" means housing that is
23 affordable to a person who earns less than 120 percent of the
24 area median income, or less than 140 percent of the area
25 median income if located in a county in which the median
26 purchase price for a single-family existing home exceeds the
27 statewide median purchase price of a single-family existing
28 home. For purposes of this subparagraph, the term "statewide
29 median purchase price of a single-family existing home" means
30 the statewide purchase price as determined in the Florida
31 Sales Report, Single-Family Existing Homes, released each
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1 January by the Florida Association of Realtors and the
2 University of Florida Real Estate Research Center.
3 11.10. An increase in commercial development by 50,000
4 square feet of gross floor area or of parking spaces provided
5 for customers for 300 cars or a 5-percent increase of either
6 of these, whichever is greater.
7 12.11. An increase in hotel or motel facility units by
8 5 percent or 75 units, whichever is greater.
9 13.12. An increase in a recreational vehicle park area
10 by 5 percent or 100 vehicle spaces, whichever is less.
11 14.13. A decrease in the area set aside for open space
12 of 5 percent or 20 acres, whichever is less.
13 15.14. A proposed increase to an approved multiuse
14 development of regional impact where the sum of the increases
15 of each land use as a percentage of the applicable substantial
16 deviation criteria is equal to or exceeds 100 percent. The
17 percentage of any decrease in the amount of open space shall
18 be treated as an increase for purposes of determining when 100
19 percent has been reached or exceeded.
20 16.15. A 15-percent increase in the number of external
21 vehicle trips generated by the development above that which
22 was projected during the original
23 development-of-regional-impact review.
24 17.16. Any change which would result in development of
25 any area which was specifically set aside in the application
26 for development approval or in the development order for
27 preservation or special protection of endangered or threatened
28 plants or animals designated as endangered, threatened, or
29 species of special concern and their habitat, primary dunes,
30 or archaeological and historical sites designated as
31 significant by the Division of Historical Resources of the
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1 Department of State. The further refinement of such areas by
2 survey shall be considered under sub-subparagraph (e)5.b.
3
4 The substantial deviation numerical standards in subparagraphs
5 4., 6., 10., 11., and 15. 14., excluding residential uses, and
6 16. 15., are increased by 100 percent for a project certified
7 under s. 403.973 which creates jobs and meets criteria
8 established by the Office of Tourism, Trade, and Economic
9 Development as to its impact on an area's economy, employment,
10 and prevailing wage and skill levels. The substantial
11 deviation numerical standards in subparagraphs 4., 6., 9.,
12 10., 11., 12., and 15. 14. are increased by 50 percent for a
13 project located wholly within an urban infill and
14 redevelopment area designated on the applicable adopted local
15 comprehensive plan future land use map and not located within
16 the coastal high hazard area.
17 (e)1. Except for a development order rendered pursuant
18 to subsection (22) or subsection (25), a proposed change to a
19 development order that individually or cumulatively with any
20 previous change is less than any numerical criterion contained
21 in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
22 other criterion, or that involves an extension of the buildout
23 date of a development, or any phase thereof, of less than 5
24 years is not subject to the public hearing requirements of
25 subparagraph (f)3., and is not subject to a determination
26 pursuant to subparagraph (f)5. Notice of the proposed change
27 shall be made to the regional planning council and the state
28 land planning agency. Such notice shall include a description
29 of previous individual changes made to the development,
30 including changes previously approved by the local government,
31 and shall include appropriate amendments to the development
17
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1 order.
2 2. The following changes, individually or cumulatively
3 with any previous changes, are not substantial deviations:
4 a. Changes in the name of the project, developer,
5 owner, or monitoring official.
6 b. Changes to a setback that do not affect noise
7 buffers, environmental protection or mitigation areas, or
8 archaeological or historical resources.
9 c. Changes to minimum lot sizes.
10 d. Changes in the configuration of internal roads that
11 do not affect external access points.
12 e. Changes to the building design or orientation that
13 stay approximately within the approved area designated for
14 such building and parking lot, and which do not affect
15 historical buildings designated as significant by the Division
16 of Historical Resources of the Department of State.
17 f. Changes to increase the acreage in the development,
18 provided that no development is proposed on the acreage to be
19 added.
20 g. Changes to eliminate an approved land use, provided
21 that there are no additional regional impacts.
22 h. Changes required to conform to permits approved by
23 any federal, state, or regional permitting agency, provided
24 that these changes do not create additional regional impacts.
25 i. Any renovation or redevelopment of development
26 within a previously approved development of regional impact
27 which does not change land use or increase density or
28 intensity of use.
29 j. Any other change which the state land planning
30 agency agrees in writing is similar in nature, impact, or
31 character to the changes enumerated in sub-subparagraphs a.-i.
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1 and which does not create the likelihood of any additional
2 regional impact.
3
4 This subsection does not require a development order amendment
5 for any change listed in sub-subparagraphs a.-j. unless such
6 issue is addressed either in the existing development order or
7 in the application for development approval, but, in the case
8 of the application, only if, and in the manner in which, the
9 application is incorporated in the development order.
10 3. Except for the change authorized by
11 sub-subparagraph 2.f., any addition of land not previously
12 reviewed or any change not specified in paragraph (b) or
13 paragraph (c) shall be presumed to create a substantial
14 deviation. This presumption may be rebutted by clear and
15 convincing evidence.
16 4. Any submittal of a proposed change to a previously
17 approved development shall include a description of individual
18 changes previously made to the development, including changes
19 previously approved by the local government. The local
20 government shall consider the previous and current proposed
21 changes in deciding whether such changes cumulatively
22 constitute a substantial deviation requiring further
23 development-of-regional-impact review.
24 5. The following changes to an approved development of
25 regional impact shall be presumed to create a substantial
26 deviation. Such presumption may be rebutted by clear and
27 convincing evidence.
28 a. A change proposed for 15 percent or more of the
29 acreage to a land use not previously approved in the
30 development order. Changes of less than 15 percent shall be
31 presumed not to create a substantial deviation.
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1 b. Except for the types of uses listed in subparagraph
2 (b)17. (b)16., any change which would result in the
3 development of any area which was specifically set aside in
4 the application for development approval or in the development
5 order for preservation, buffers, or special protection,
6 including habitat for plant and animal species, archaeological
7 and historical sites, dunes, and other special areas.
8 c. Notwithstanding any provision of paragraph (b) to
9 the contrary, a proposed change consisting of simultaneous
10 increases and decreases of at least two of the uses within an
11 authorized multiuse development of regional impact which was
12 originally approved with three or more uses specified in s.
13 380.0651(3)(c), (d), (f), and (g) and residential use.
14 (i) An increase in the number of residential dwelling
15 units shall not constitute a substantial deviation and shall
16 not be subject to development-of-regional-impact review for
17 additional impacts, provided that all the residential dwelling
18 units are dedicated to affordable workforce housing and the
19 total number of new residential units does not exceed 200
20 percent of the substantial deviation threshold. The affordable
21 workforce housing shall be subject to a recorded land use
22 restriction that shall be for a period of not less than 20
23 years and that includes resale provisions to ensure long-term
24 affordability for income-eligible homeowners and renters. For
25 purposes of this paragraph, the term "affordable workforce
26 housing" means housing that is affordable to a person who
27 earns less than 120 percent of the area median income, or less
28 than 140 percent of the area median income if located in a
29 county in which the median purchase price for a single-family
30 existing home exceeds the statewide median purchase price of a
31 single-family existing home. For purposes of this paragraph,
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1 the term "statewide median purchase price of a single-family
2 existing home" means the statewide purchase price as
3 determined in the Florida Sales Report, Single-Family Existing
4 Homes, released each January by the Florida Association of
5 Realtors and the University of Florida Real Estate Research
6 Center.
7 Section 13. Paragraph (k) of subsection (3) of section
8 380.0651, Florida Statutes, is redesignated as paragraph (l),
9 and a new paragraph (k) is added to that subsection, to read:
10 380.0651 Statewide guidelines and standards.--
11 (3) The following statewide guidelines and standards
12 shall be applied in the manner described in s. 380.06(2) to
13 determine whether the following developments shall be required
14 to undergo development-of-regional-impact review:
15 (k) Workforce housing.--The applicable guidelines for
16 residential development and the residential component for
17 multiuse development shall be increased by 50 percent where
18 the developer demonstrates that at least 15 percent of the
19 total residential dwelling units authorized within the
20 development of regional impact will be dedicated to affordable
21 workforce housing, subject to a recorded land use restriction
22 that shall be for a period of not less than 20 years and that
23 includes resale provisions to ensure long-term affordability
24 for income-eligible homeowners and renters and provisions for
25 the workforce housing to be commenced prior to the completion
26 of 50 percent of the market rate dwelling. For purposes of
27 this paragraph, the term "affordable workforce housing" means
28 housing that is affordable to a person who earns less than 120
29 percent of the area median income, or less than 140 percent of
30 the area median income if located in a county in which the
31 median purchase price for a single-family existing home
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1 exceeds the statewide median purchase price of a single-family
2 existing home. For the purposes of this paragraph, the term
3 "statewide median purchase price of a single-family existing
4 home" means the statewide purchase price as determined in the
5 Florida Sales Report, Single-Family Existing Homes, released
6 each January by the Florida Association of Realtors and the
7 University of Florida Real Estate Research Center.
8 Section 14. Section 420.0004, Florida Statutes, is
9 amended to read:
10 420.0004 Definitions.--As used in this part, unless
11 the context otherwise indicates:
12 (1) "Adjusted for family size" means adjusted in a
13 manner which results in an income eligibility level which is
14 lower for households with fewer than four people, or higher
15 for households with more than four people, than the base
16 income eligibility determined as provided in subsection (8),
17 subsection (10) (9), subsection (11) (10), or subsection (15)
18 (14), based upon a formula as established by the United States
19 Department of Housing and Urban Development.
20 (2) "Adjusted gross income" means all wages, assets,
21 regular cash or noncash contributions or gifts from persons
22 outside the household, and such other resources and benefits
23 as may be determined to be income by the United States
24 Department of Housing and Urban Development, adjusted for
25 family size, less deductions allowable under s. 62 of the
26 Internal Revenue Code.
27 (3) "Affordable" means that monthly rents or monthly
28 mortgage payments including taxes, insurance, and utilities do
29 not exceed 30 percent of that amount which represents the
30 percentage of the median adjusted gross annual income for the
31 households as indicated in subsection (8), subsection (10)
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1 (9), subsection (11) (10), or subsection (15) (14).
2 (4) "Corporation" means the Florida Housing Finance
3 Corporation.
4 (5) "Community-based organization" or "nonprofit
5 organization" means a private corporation organized under
6 chapter 617 to assist in the provision of housing and related
7 services on a not-for-profit basis and which is acceptable to
8 federal and state agencies and financial institutions as a
9 sponsor of low-income housing.
10 (6) "Department" means the Department of Community
11 Affairs.
12 (7) "Elderly" describes persons 62 years of age or
13 older.
14 (8) "Extremely-low-income persons" means one or more
15 natural persons or a family whose total annual household
16 income does not exceed 30 percent of the median annual
17 adjusted gross income for households within the state. The
18 Florida Housing Finance Corporation may adjust this amount
19 annually by rule to provide that in lower income counties,
20 extremely-low-income may exceed 30 percent of area median
21 income and that in higher income counties,
22 extremely-low-income may be less than 30 percent of area
23 median income.
24 (9)(8) "Local public body" means any county,
25 municipality, or other political subdivision, or any housing
26 authority as provided by chapter 421, which is eligible to
27 sponsor or develop housing for farmworkers and very-low-income
28 and low-income persons within its jurisdiction.
29 (10)(9) "Low-income persons" means one or more natural
30 persons or a family, the total annual adjusted gross household
31 income of which does not exceed 80 percent of the median
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1 annual adjusted gross income for households within the state,
2 or 80 percent of the median annual adjusted gross income for
3 households within the metropolitan statistical area (MSA) or,
4 if not within an MSA, within the county in which the person or
5 family resides, whichever is greater.
6 (11)(10) "Moderate-income persons" means one or more
7 natural persons or a family, the total annual adjusted gross
8 household income of which is less than 120 percent of the
9 median annual adjusted gross income for households within the
10 state, or 120 percent of the median annual adjusted gross
11 income for households within the metropolitan statistical area
12 (MSA) or, if not within an MSA, within the county in which the
13 person or family resides, whichever is greater.
14 (12)(11) "Student" means any person not living with
15 his or her parent or guardian who is eligible to be claimed by
16 his or her parent or guardian as a dependent under the federal
17 income tax code and who is enrolled on at least a half-time
18 basis in a secondary school, career center, community college,
19 college, or university.
20 (13)(12) "Substandard" means:
21 (a) Any unit lacking complete plumbing or sanitary
22 facilities for the exclusive use of the occupants;
23 (b) A unit which is in violation of one or more major
24 sections of an applicable housing code and where such
25 violation poses a serious threat to the health of the
26 occupant; or
27 (c) A unit that has been declared unfit for human
28 habitation but that could be rehabilitated for less than 50
29 percent of the property value.
30 (14)(13) "Substantial rehabilitation" means repair or
31 restoration of a dwelling unit where the value of such repair
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1 or restoration exceeds 40 percent of the value of the
2 dwelling.
3 (15)(14) "Very-low-income persons" means one or more
4 natural persons or a family, not including students, the total
5 annual adjusted gross household income of which does not
6 exceed 50 percent of the median annual adjusted gross income
7 for households within the state, or 50 percent of the median
8 annual adjusted gross income for households within the
9 metropolitan statistical area (MSA) or, if not within an MSA,
10 within the county in which the person or family resides,
11 whichever is greater.
12 Section 15. Subsection (18) of section 420.503,
13 Florida Statutes, is amended to read:
14 420.503 Definitions.--As used in this part, the term:
15 (18)(a) "Farmworker" means a laborer who is employed
16 on a seasonal, temporary, or permanent basis in the planting,
17 cultivating, harvesting, or processing of agricultural or
18 aquacultural products and who derived at least 50 percent of
19 her or his income in the immediately preceding 12 months from
20 such employment.
21 (b) "Farmworker" also includes a person who has
22 retired as a laborer due to age, disability, or illness. In
23 order to be considered retired as a farmworker due to age
24 under this part, a person must be 50 years of age or older and
25 must have been employed for a minimum of 5 years as a
26 farmworker before retirement. In order to be considered
27 retired as a farmworker due to disability or illness, a person
28 must:
29 1.(a) Establish medically that she or he is unable to
30 be employed as a farmworker due to that disability or illness.
31 2.(b) Establish that she or he was previously employed
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1 as a farmworker.
2 (c) Notwithstanding paragraphs (a) and (b), when
3 corporation-administered funds are used in conjunction with
4 United States Department of Agriculture Rural Development
5 funds, the term "farmworker" may mean a laborer who meets, at
6 a minimum, the definition of "domestic farm laborer" as found
7 in 7 C.F.R. s. 3560.11, as amended. The corporation may
8 establish additional criteria by rule.
9 Section 16. Section 420.5061, Florida Statutes, is
10 amended to read:
11 420.5061 Transfer of agency assets and
12 liabilities.--Effective January 1, 1998, all assets and
13 liabilities and rights and obligations, including any
14 outstanding contractual obligations, of the agency shall be
15 transferred to the corporation as legal successor in all
16 respects to the agency. The corporation shall thereupon become
17 obligated to the same extent as the agency under any existing
18 agreements and be entitled to any rights and remedies
19 previously afforded the agency by law or contract, including
20 specifically the rights of the agency under chapter 201 and
21 part VI of chapter 159. The corporation is a state agency for
22 purposes of s. 159.807(4)(a). Effective January 1, 1998, all
23 references under Florida law to the agency are deemed to mean
24 the corporation. The corporation shall transfer to the General
25 Revenue Fund an amount which otherwise would have been
26 deducted as a service charge pursuant to s. 215.20(1) if the
27 Florida Housing Finance Corporation Fund established by s.
28 420.508(5), the State Apartment Incentive Loan Fund
29 established by s. 420.5087(7), the Florida Homeownership
30 Assistance Fund established by s. 420.5088(4)(5), the HOME
31 Investment Partnership Fund established by s. 420.5089(1), and
26
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1 the Housing Predevelopment Loan Fund established by s.
2 420.525(1) were each trust funds. For purposes of s. 112.313,
3 the corporation is deemed to be a continuation of the agency,
4 and the provisions thereof are deemed to apply as if the same
5 entity remained in place. Any employees of the agency and
6 agency board members covered by s. 112.313(9)(a)6. shall
7 continue to be entitled to the exemption in that subparagraph,
8 notwithstanding being hired by the corporation or appointed as
9 board members of the corporation. Effective January 1, 1998,
10 all state property in use by the agency shall be transferred
11 to and become the property of the corporation.
12 Section 17. Subsections (22), (23), and (40) of
13 section 420.507, Florida Statutes, are amended, and
14 subsections (44) and (45) are added to that section, to read:
15 420.507 Powers of the corporation.--The corporation
16 shall have all the powers necessary or convenient to carry out
17 and effectuate the purposes and provisions of this part,
18 including the following powers which are in addition to all
19 other powers granted by other provisions of this part:
20 (22) To develop and administer the State Apartment
21 Incentive Loan Program. In developing and administering that
22 program, the corporation may:
23 (a) Make first, second, and other subordinated
24 mortgage loans including variable or fixed rate loans subject
25 to contingent interest for all State Apartment Incentive Loans
26 provided for in this chapter based upon available cash flow of
27 the projects. The corporation shall make loans exceeding 25
28 percent of project cost available only to nonprofit
29 organizations and public bodies which are able to secure
30 grants, donations of land, or contributions from other sources
31 and to projects meeting the criteria of subparagraph 1.
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1 Mortgage loans shall be made available at the following rates
2 of interest:
3 1. Zero to 3 percent interest for sponsors of projects
4 that set aside at least maintain an 80 percent occupancy of
5 their total units for residents qualifying as farmworkers as
6 defined in this part s. 420.503(18), or commercial fishing
7 workers as defined in this part s. 420.503(5), or the homeless
8 as defined in s. 420.621(4) over the life of the loan.
9 2. Zero to 3 percent interest based on the pro rata
10 share of units set aside for homeless residents if the total
11 of such units is less than 80 percent of the units in the
12 borrower's project.
13 3. One Three to 9 percent interest for sponsors of
14 projects targeted at populations other than farmworkers,
15 commercial fishing workers, and the homeless.
16 (b) Make loans exceeding 25 percent of project cost
17 when the project serves extremely-low-income persons.
18 (c) Forgive indebtedness for a share of the loan
19 attributable to the units in a project reserved for
20 extremely-low-income persons.
21 (d)(b) Geographically and demographically target the
22 utilization of loans.
23 (e)(c) Underwrite credit, and reject projects which do
24 not meet the established standards of the corporation.
25 (f)(d) Negotiate with governing bodies within the
26 state after a loan has been awarded to obtain local government
27 contributions.
28 (g)(e) Inspect any records of a sponsor at any time
29 during the life of the loan or the agreed period for
30 maintaining the provisions of s. 420.5087.
31 (h)(f) Establish, by rule, the procedure for
28
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1 evaluating, scoring, and competitively ranking all
2 applications based on the criteria set forth in s.
3 420.5087(6)(c); determining actual loan amounts; making and
4 servicing loans; and exercising the powers authorized in this
5 subsection.
6 (i)(g) Establish a loan loss insurance reserve to be
7 used to protect the outstanding program investment in case of
8 a default, deed in lieu of foreclosure, or foreclosure of a
9 program loan.
10 (23) To develop and administer the Florida
11 Homeownership Assistance Program. In developing and
12 administering the program, the corporation may:
13 (a)1. Make subordinated loans to eligible borrowers
14 for down payments or closing costs related to the purchase of
15 the borrower's primary residence.
16 2. Make permanent loans to eligible borrowers related
17 to the purchase of the borrower's primary residence.
18 3. Make subordinated loans to nonprofit sponsors or
19 developers of housing for purchase of property, for
20 construction, or for financing of housing to be offered for
21 sale to eligible borrowers as a primary residence at an
22 affordable price.
23 (b) Establish a loan loss insurance reserve to
24 supplement existing sources of mortgage insurance with
25 appropriated funds.
26 (c) Geographically and demographically target the
27 utilization of loans.
28 (d) Defer repayment of loans for the term of the first
29 mortgage.
30 (e) Establish flexible terms for loans with an
31 interest rate not to exceed 3 percent per annum and which are
29
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1 nonamortizing for the term of the first mortgage.
2 (f) Require repayment of loans upon sale, transfer,
3 refinancing, or rental of secured property, unless otherwise
4 approved by the corporation.
5 (g) Accelerate a loan for monetary default, for
6 failure to provide the benefits of the loans to eligible
7 borrowers, or for violation of any other restriction placed
8 upon the loan.
9 (h) Adopt rules for the program and exercise the
10 powers authorized in this subsection.
11 (40) To establish subsidiary business entities
12 corporations for the purpose of taking title to and managing
13 and disposing of property acquired by the corporation. Such
14 subsidiary business entities corporations shall be public
15 business entities corporations wholly owned by the
16 corporation; shall be entitled to own, mortgage, and sell
17 property on the same basis as the corporation; and shall be
18 deemed business entities corporations primarily acting as an
19 agent agents of the state, within the meaning of s. 768.28, on
20 the same basis as the corporation. Any subsidiary business
21 entity created by the corporation shall be subject to chapters
22 119, 120, and 286 to the same extent as the corporation. The
23 subsidiary business entities shall have authority to make
24 rules necessary to conduct business and to carry out the
25 purposes of this subsection.
26 (44) To adopt rules for the intervention and
27 negotiation of terms or other actions necessary to further
28 program goals or avoid default of a program loan. Such rules
29 must consider fiscal program goals and the preservation or
30 advancement of affordable housing for the state.
31 (45) To establish by rule requirements for periodic
30
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1 reporting of data, including, but not limited to, financial
2 data, housing market data, detailed economic and physical
3 occupancy on multifamily projects, and demographic data on all
4 housing financed through corporation programs and for
5 participation in a housing locator system.
6 Section 18. Subsections (1), (3), (5), and (6) of
7 section 420.5087, Florida Statutes, are amended to read:
8 420.5087 State Apartment Incentive Loan
9 Program.--There is hereby created the State Apartment
10 Incentive Loan Program for the purpose of providing first,
11 second, or other subordinated mortgage loans or loan
12 guarantees to sponsors, including for-profit, nonprofit, and
13 public entities, to provide housing affordable to
14 very-low-income persons.
15 (1) Program funds shall be distributed over successive
16 3-year periods in a manner that meets the need and demand for
17 very-low-income housing throughout the state. That need and
18 demand must be determined by using the most recent statewide
19 low-income rental housing market studies available at the
20 beginning of each 3-year period. However, at least 10 percent
21 of the program funds distributed during a 3-year period must
22 be allocated to each of the following categories of counties,
23 as determined by using the population statistics published in
24 the most recent edition of the Florida Statistical Abstract:
25 (a) Counties that have a population of 825,000 or
26 more. more than 500,000 people;
27 (b) Counties that have a population of more than
28 between 100,000 but less than 825,000. and 500,000 people; and
29 (c) Counties that have a population of 100,000 or
30 less.
31
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1 Any increase in funding required to reach the 10-percent
2 minimum shall be taken from the county category that has the
3 largest allocation. The corporation shall adopt rules which
4 establish an equitable process for distributing any portion of
5 the 10 percent of program funds allocated to the county
6 categories specified in this subsection which remains
7 unallocated at the end of a 3-year period. Counties that have
8 a population of 100,000 or less shall be given preference
9 under these rules.
10 (3) During the first 6 months of loan or loan
11 guarantee availability, program funds shall be reserved for
12 use by sponsors who provide the housing set-aside required in
13 subsection (2) for the tenant groups designated in this
14 subsection. The reservation of funds to each of these groups
15 shall be determined using the most recent statewide
16 very-low-income rental housing market study available at the
17 time of publication of each notice of fund availability
18 required by paragraph (6)(b). The reservation of funds within
19 each notice of fund availability to the tenant groups in
20 paragraphs (a), (b), and (d) may not be less than 10 percent
21 of the funds available at that time. Any increase in funding
22 required to reach the 10-percent minimum shall be taken from
23 the tenant group that has the largest reservation. The
24 reservation of funds within each notice of fund availability
25 to the tenant group in paragraph (c) may not be less than 5
26 percent of the funds available at that time. The tenant groups
27 are:
28 (a) Commercial fishing workers and farmworkers;
29 (b) Families;
30 (c) Persons who are homeless; and
31 (d) Elderly persons. Ten percent of the amount
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1 reserved for the elderly shall be reserved to provide loans to
2 sponsors of housing for the elderly for the purpose of making
3 building preservation, health, or sanitation repairs or
4 improvements which are required by federal, state, or local
5 regulation or code, or lifesafety or security-related repairs
6 or improvements to such housing. Such a loan may not exceed
7 $750,000 per housing community for the elderly. In order to
8 receive the loan, the sponsor of the housing community must
9 make a commitment to match at least 5 15 percent of the loan
10 amount to pay the cost of such repair or improvement. The
11 corporation shall establish the rate of interest on the loan,
12 which may not exceed 3 percent, and the term of the loan,
13 which may not exceed 15 years; however, if the lien of the
14 corporation's encumbrance is subordinate to the lien of
15 another mortgagee, then the term may be made coterminous with
16 the longest term of the superior lien. The term of the loan
17 shall be established on the basis of a credit analysis of the
18 applicant. The corporation shall establish, by rule, the
19 procedure and criteria for receiving, evaluating, and
20 competitively ranking all applications for loans under this
21 paragraph. A loan application must include evidence of the
22 first mortgagee's having reviewed and approved the sponsor's
23 intent to apply for a loan. A nonprofit organization or
24 sponsor may not use the proceeds of the loan to pay for
25 administrative costs, routine maintenance, or new
26 construction.
27 (5) The amount of the mortgage provided under this
28 program combined with any other mortgage in a superior
29 position shall be less than the value of the project without
30 the housing set-aside required by subsection (2). However, the
31 corporation may waive this requirement for projects in rural
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1 areas or urban infill areas which have market rate rents that
2 are less than the allowable rents pursuant to applicable state
3 and federal guidelines, and for projects which reserve units
4 for extremely-low-income persons. In no event shall the
5 mortgage provided under this program combined with any other
6 mortgage in a superior position exceed total project cost.
7 (6) On all state apartment incentive loans, except
8 loans made to housing communities for the elderly to provide
9 for lifesafety, building preservation, health, sanitation, or
10 security-related repairs or improvements, the following
11 provisions shall apply:
12 (a) The corporation shall establish two interest rates
13 in accordance with s. 420.507(22)(a)1. and 3. 2.
14 (b) The corporation shall publish a notice of fund
15 availability in a publication of general circulation
16 throughout the state. Such notice shall be published at least
17 60 days prior to the application deadline and shall provide
18 notice of the temporary reservations of funds established in
19 subsection (3).
20 (c) The corporation shall provide by rule for the
21 establishment of a review committee composed of the department
22 and corporation staff and shall establish by rule a scoring
23 system for evaluation and competitive ranking of applications
24 submitted in this program, including, but not limited to, the
25 following criteria:
26 1. Tenant income and demographic targeting objectives
27 of the corporation.
28 2. Targeting objectives of the corporation which will
29 ensure an equitable distribution of loans between rural and
30 urban areas.
31 3. Sponsor's agreement to reserve the units for
34
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1 persons or families who have incomes below 50 percent of the
2 state or local median income, whichever is higher, for a time
3 period to exceed the minimum required by federal law or the
4 provisions of this part.
5 4. Sponsor's agreement to reserve more than:
6 a. Twenty percent of the units in the project for
7 persons or families who have incomes that do not exceed 50
8 percent of the state or local median income, whichever is
9 higher; or
10 b. Forty percent of the units in the project for
11 persons or families who have incomes that do not exceed 60
12 percent of the state or local median income, whichever is
13 higher, without requiring a greater amount of the loans as
14 provided in this section.
15 5. Provision for tenant counseling.
16 6. Sponsor's agreement to accept rental assistance
17 certificates or vouchers as payment for rent; however, when
18 certificates or vouchers are accepted as payment for rent on
19 units set aside pursuant to subsection (2), the benefit must
20 be divided between the corporation and the sponsor, as
21 provided by corporation rule.
22 7. Projects requiring the least amount of a state
23 apartment incentive loan compared to overall project cost
24 except that the share of the loan attributable to units
25 serving extremely-low-income persons shall be excluded from
26 this requirement.
27 8. Local government contributions and local government
28 comprehensive planning and activities that promote affordable
29 housing.
30 9. Project feasibility.
31 10. Economic viability of the project.
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1 11. Commitment of first mortgage financing.
2 12. Sponsor's prior experience.
3 13. Sponsor's ability to proceed with construction.
4 14. Projects that directly implement or assist
5 welfare-to-work transitioning.
6 15. Projects that reserve units for
7 extremely-low-income persons.
8 (d) The corporation may reject any and all
9 applications.
10 (e) The corporation may approve and reject
11 applications for the purpose of achieving geographic
12 targeting.
13 (f) The review committee established by corporation
14 rule pursuant to this subsection shall make recommendations to
15 the board of directors of the corporation regarding program
16 participation under the State Apartment Incentive Loan
17 Program. The corporation board shall make the final ranking
18 and the decisions regarding which applicants shall become
19 program participants based on the scores received in the
20 competitive ranking, further review of applications, and the
21 recommendations of the review committee. The corporation board
22 shall approve or reject applications for loans and shall
23 determine the tentative loan amount available to each
24 applicant selected for participation in the program. The
25 actual loan amount shall be determined pursuant to rule
26 adopted pursuant to s. 420.507(22)(h)(f).
27 (g) The loan term shall be for a period of not more
28 than 15 years; however, if both a program loan and federal
29 low-income housing tax credits are to be used to assist a
30 project, the corporation may set the loan term for a period
31 commensurate with the investment requirements associated with
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1 the tax credit syndication. The term of the loan may also
2 exceed 15 years; however, if the lien of the corporation's
3 encumbrance is subordinate to the lien of another mortgagee,
4 then the term may be made coterminous with the longest term of
5 the superior lien necessary to conform to requirements of the
6 Federal National Mortgage Association. The corporation may
7 renegotiate and extend the loan in order to extend the
8 availability of housing for the targeted population. The term
9 of a loan may not extend beyond the period for which the
10 sponsor agrees to provide the housing set-aside required by
11 subsection (2).
12 (h) The loan shall be subject to sale, transfer, or
13 refinancing. The sale, transfer, or refinancing of the loan
14 shall be consistent with fiscal program goals and the
15 preservation or advancement of affordable housing for the
16 state. However, all requirements and conditions of the loan
17 shall remain following sale, transfer, or refinancing.
18 (i) The discrimination provisions of s. 420.516 shall
19 apply to all loans.
20 (j) The corporation may require units dedicated for
21 the elderly.
22 (k) Rent controls shall not be allowed on any project
23 except as required in conjunction with the issuance of
24 tax-exempt bonds or federal low-income housing tax credits and
25 except when the sponsor has committed to set aside units for
26 extremely-low-income persons, in which case rents shall be
27 restricted at the level applicable for federal low-income tax
28 credits.
29 (l) The proceeds of all loans shall be used for new
30 construction or substantial rehabilitation which creates
31 affordable, safe, and sanitary housing units.
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1 (m) Sponsors shall annually certify the adjusted gross
2 income of all persons or families qualified under subsection
3 (2) at the time of initial occupancy, who are residing in a
4 project funded by this program. All persons or families
5 qualified under subsection (2) may continue to qualify under
6 subsection (2) in a project funded by this program if the
7 adjusted gross income of those persons or families at the time
8 of annual recertification meets the requirements established
9 in s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as
10 amended. If the annual recertification of persons or families
11 qualifying under subsection (2) results in noncompliance with
12 income occupancy requirements, the next available unit must be
13 rented to a person or family qualifying under subsection (2)
14 in order to ensure continuing compliance of the project. The
15 corporation may waive the annual recertification if 100
16 percent of the units are set aside as affordable.
17 (n) Upon submission and approval of a marketing plan
18 which demonstrates a good faith effort of a sponsor to rent a
19 unit or units to persons or families reserved under subsection
20 (3) and qualified under subsection (2), the sponsor may rent
21 such unit or units to any person or family qualified under
22 subsection (2) notwithstanding the reservation.
23 (o) Sponsors may participate in federal mortgage
24 insurance programs and must abide by the requirements of those
25 programs. If a conflict occurs between the requirements of
26 federal mortgage insurance programs and the requirements of
27 this section, the requirements of federal mortgage insurance
28 programs shall take precedence.
29 Section 19. Section 420.5088, Florida Statutes, is
30 amended to read:
31 420.5088 Florida Homeownership Assistance
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1 Program.--There is created the Florida Homeownership
2 Assistance Program for the purpose of assisting low-income and
3 moderate-income persons in purchasing a home as their primary
4 residence by reducing the cost of the home with below-market
5 construction financing, by reducing the amount of down payment
6 and closing costs paid by the borrower to a maximum of 5
7 percent of the purchase price, or by reducing the monthly
8 payment to an affordable amount for the purchaser. Loans shall
9 be made available at an interest rate that does not exceed 3
10 percent. The balance of any loan is due at closing if the
11 property is sold, refinanced, rented, or transferred, unless
12 otherwise approved by the corporation.
13 (1) For loans made available pursuant to s.
14 420.507(23)(a)1. or 2.:
15 (a) The corporation may underwrite and make those
16 mortgage loans through the program to persons or families who
17 have incomes that do not exceed 120 80 percent of the state or
18 local median income, whichever is greater, adjusted for family
19 size.
20 (b) Loans shall be made available for the term of the
21 first mortgage.
22 (c) Loans may not exceed are limited to the lesser of
23 35 25 percent of the purchase price of the home or the amount
24 necessary to enable the purchaser to meet credit underwriting
25 criteria.
26 (2) For loans made pursuant to s. 420.507(23)(a)3.:
27 (a) Availability is limited to nonprofit sponsors or
28 developers who are selected for program participation pursuant
29 to this subsection.
30 (b) Preference must be given to community development
31 corporations as defined in s. 290.033 and to community-based
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1 organizations as defined in s. 420.503.
2 (c) Priority must be given to projects that have
3 received state assistance in funding project predevelopment
4 costs.
5 (d) The benefits of making such loans shall be
6 contractually provided to the persons or families purchasing
7 homes financed under this subsection.
8 (e) At least 30 percent of the units in a project
9 financed pursuant to this subsection must be sold to persons
10 or families who have incomes that do not exceed 80 percent of
11 the state or local median income, whichever amount is greater,
12 adjusted for family size; and at least another 30 percent of
13 the units in a project financed pursuant to this subsection
14 must be sold to persons or families who have incomes that do
15 not exceed 65 50 percent of the state or local median income,
16 whichever amount is greater, adjusted for family size.
17 (f) The maximum loan amount may not exceed 33 percent
18 of the total project cost.
19 (g) A person who purchases a home in a project
20 financed under this subsection is eligible for a loan
21 authorized by s. 420.507(23)(a)1. or 2. in an aggregate amount
22 not exceeding the construction loan made pursuant to this
23 subsection. The home purchaser must meet all the requirements
24 for loan recipients established pursuant to the applicable
25 loan program.
26 (h) The corporation shall provide, by rule, for the
27 establishment of a review committee composed of corporation
28 staff and shall establish, by rule, a scoring system for
29 evaluating and ranking applications submitted for construction
30 loans under this subsection, including, but not limited to,
31 the following criteria:
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1 1. The affordability of the housing proposed to be
2 built.
3 2. The direct benefits of the assistance to the
4 persons who will reside in the proposed housing.
5 3. The demonstrated capacity of the applicant to carry
6 out the proposal, including the experience of the development
7 team.
8 4. The economic feasibility of the proposal.
9 5. The extent to which the applicant demonstrates
10 potential cost savings by combining the benefits of different
11 governmental programs and private initiatives, including the
12 local government contributions and local government
13 comprehensive planning and activities that promote affordable
14 housing.
15 6. The use of the least amount of program loan funds
16 compared to overall project cost.
17 7. The provision of homeownership counseling.
18 8. The applicant's agreement to exceed the
19 requirements of paragraph (e).
20 9. The commitment of first mortgage financing for the
21 balance of the construction loan and for the permanent loans
22 to the purchasers of the housing.
23 10. The applicant's ability to proceed with
24 construction.
25 11. The targeting objectives of the corporation which
26 will ensure an equitable distribution of loans between rural
27 and urban areas.
28 12. The extent to which the proposal will further the
29 purposes of this program.
30 (i) The corporation may reject any and all
31 applications.
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1 (j) The review committee established by corporation
2 rule pursuant to this subsection shall make recommendations to
3 the corporation board regarding program participation under
4 this subsection. The corporation board shall make the final
5 ranking for participation based on the scores received in the
6 ranking, further review of the applications, and the
7 recommendations of the review committee. The corporation board
8 shall approve or reject applicants for loans and shall
9 determine the tentative loan amount available to each program
10 participant. The final loan amount shall be determined
11 pursuant to rule adopted under s. 420.507(23)(h).
12 (3) The corporation shall publish a notice of fund
13 availability in a publication of general circulation
14 throughout the state at least 60 days prior to the anticipated
15 availability of funds.
16 (4) During the first 9 months of fund availability:
17 (a) Sixty percent of the program funds shall be
18 reserved for use by borrowers pursuant to s. 420.507(23)(a)1.;
19 (b) Twenty percent of the program funds shall be
20 reserved for use by borrowers pursuant to s. 420.507(23)(a)2.;
21 and
22 (c) Twenty percent of the program funds shall be
23 reserved for use by borrowers pursuant to s. 420.507(23)(a)3.
24
25 If the application of these percentages would cause the
26 reservation of program funds under paragraph (a) to be less
27 than $1 million, the reservation for paragraph (a) shall be
28 increased to $1 million or all available funds, whichever
29 amount is less, with the increase to be accomplished by
30 reducing the reservation for paragraph (b) and, if necessary,
31 paragraph (c).
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1 (4)(5) There is authorized to be established by the
2 corporation with a qualified public depository meeting the
3 requirements of chapter 280 the Florida Homeownership
4 Assistance Fund to be administered by the corporation
5 according to the provisions of this program. Any amounts held
6 in the Florida Homeownership Assistance Trust Fund for such
7 purposes as of January 1, 1998, must be transferred to the
8 corporation for deposit in the Florida Homeownership
9 Assistance Fund, whereupon the Florida Homeownership
10 Assistance Trust Fund must be closed. There shall be deposited
11 in the fund moneys from the State Housing Trust Fund created
12 by s. 420.0005, or moneys received from any other source, for
13 the purpose of this program and all proceeds derived from the
14 use of such moneys. In addition, all unencumbered funds, loan
15 repayments, proceeds from the sale of any property, and any
16 other proceeds that would otherwise accrue pursuant to the
17 activities of the programs described in this section shall be
18 transferred to this fund. In addition, all loan repayments,
19 proceeds from the sale of any property, and any other proceeds
20 that would otherwise accrue pursuant to the activities
21 conducted under the provisions of the Florida Homeownership
22 Assistance Program shall be deposited in the fund and shall
23 not revert to the General Revenue Fund. Expenditures from the
24 Florida Homeownership Assistance Fund shall not be required to
25 be included in the corporation's budget request or be subject
26 to appropriation by the Legislature.
27 (5)(6) No more than one-fifth of the funds available
28 in the Florida Homeownership Assistance Fund may be made
29 available to provide loan loss insurance reserve funds to
30 facilitate homeownership for eligible persons.
31 Section 20. Sections 420.37 and 420.530, Florida
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1 Statutes, are repealed.
2 Section 21. Subsection (25) of section 420.9071,
3 Florida Statutes, is amended to read:
4 420.9071 Definitions.--As used in ss.
5 420.907-420.9079, the term:
6 (25) "Recaptured funds" means funds that are recouped
7 by a county or eligible municipality in accordance with the
8 recapture provisions of its local housing assistance plan
9 pursuant to s. 420.9075(5)(4)(g) from eligible persons or
10 eligible sponsors who default on the terms of a grant award or
11 loan award.
12 Section 22. Subsection (2) of section 420.9072,
13 Florida Statutes, is amended to read:
14 420.9072 State Housing Initiatives Partnership
15 Program.--The State Housing Initiatives Partnership Program is
16 created for the purpose of providing funds to counties and
17 eligible municipalities as an incentive for the creation of
18 local housing partnerships, to expand production of and
19 preserve affordable housing, to further the housing element of
20 the local government comprehensive plan specific to affordable
21 housing, and to increase housing-related employment.
22 (2)(a) To be eligible to receive funds under the
23 program, a county or eligible municipality must:
24 1. Submit to the corporation its local housing
25 assistance plan describing the local housing assistance
26 strategies established pursuant to s. 420.9075;
27 2. Within 12 months after adopting the local housing
28 assistance plan, amend the plan to incorporate the local
29 housing incentive strategies defined in s. 420.9071(16) and
30 described in s. 420.9076; and
31 3. Within 24 months after adopting the amended local
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1 housing assistance plan to incorporate the local housing
2 incentive strategies, amend its land development regulations
3 or establish local policies and procedures, as necessary, to
4 implement the local housing incentive strategies adopted by
5 the local governing body. A county or an eligible municipality
6 that has adopted a housing incentive strategy pursuant to s.
7 420.9076 before the effective date of this act shall review
8 the status of implementation of the plan according to its
9 adopted schedule for implementation and report its findings in
10 the annual report required by s. 420.9075(10)(9). If as a
11 result of the review, a county or an eligible municipality
12 determines that the implementation is complete and in
13 accordance with its schedule, no further action is necessary.
14 If a county or an eligible municipality determines that
15 implementation according to its schedule is not complete, it
16 must amend its land development regulations or establish local
17 policies and procedures, as necessary, to implement the
18 housing incentive plan within 12 months after the effective
19 date of this act, or if extenuating circumstances prevent
20 implementation within 12 months, pursuant to s.
21 420.9075(13)(12), enter into an extension agreement with the
22 corporation.
23 (b) A county or an eligible municipality seeking
24 approval to receive its share of the local housing
25 distribution must adopt an ordinance containing the following
26 provisions:
27 1. Creation of a local housing assistance trust fund
28 as described in s. 420.9075(6)(5).
29 2. Adoption by resolution of a local housing
30 assistance plan as defined in s. 420.9071(14) to be
31 implemented through a local housing partnership as defined in
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1 s. 420.9071(18).
2 3. Designation of the responsibility for the
3 administration of the local housing assistance plan. Such
4 ordinance may also provide for the contracting of all or part
5 of the administrative or other functions of the program to a
6 third person or entity.
7 4. Creation of the affordable housing advisory
8 committee as provided in s. 420.9076.
9
10 The ordinance must not take effect until at least 30 days
11 after the date of formal adoption. Ordinances in effect prior
12 to the effective date of amendments to this section shall be
13 amended as needed to conform to new provisions.
14 Section 23. Paragraph (c) of present subsection (4) of
15 section 420.9075, Florida Statutes, is amended, subsections
16 (3) through (12) are renumbered as subsections (4) through
17 (13), respectively, and a new subsection (3) is added to that
18 section, to read:
19 420.9075 Local housing assistance plans;
20 partnerships.--
21 (3)(a) Each local housing assistance plan shall
22 include a definition of essential service personnel for the
23 county or eligible municipality, including, but not limited
24 to, teachers and educators, other school district, community
25 college, and university employees, police and fire personnel,
26 health care personnel, skilled building trades personnel, and
27 other job categories.
28 (b) Each county and each eligible municipality is
29 encouraged to develop a strategy within its local housing
30 assistance plan that emphasizes the recruitment and retention
31 of essential service personnel. The local government is
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1 encouraged to involve public and private sector employers.
2 Compliance with the eligibility criteria established under
3 this strategy shall be verified by the county or eligible
4 municipality.
5 (c) Each county and each eligible municipality is
6 encouraged to develop a strategy within its local housing
7 assistance plan that addresses the needs of persons who are
8 deprived of affordable housing due to the closure of a mobile
9 home park or the conversion of affordable rental units to
10 condominiums.
11 (5)(4) The following criteria apply to awards made to
12 eligible sponsors or eligible persons for the purpose of
13 providing eligible housing:
14 (c) The sales price or value of new or existing
15 eligible housing may not exceed 90 percent of the average area
16 purchase price in the statistical area in which the eligible
17 housing is located. Such average area purchase price may be
18 that calculated for any 12-month period beginning not earlier
19 than the fourth calendar year prior to the year in which the
20 award occurs or as otherwise established by the United States
21 Department of the Treasury.
22
23 If both an award under the local housing assistance plan and
24 federal low-income housing tax credits are used to assist a
25 project and there is a conflict between the criteria
26 prescribed in this subsection and the requirements of s. 42 of
27 the Internal Revenue Code of 1986, as amended, the county or
28 eligible municipality may resolve the conflict by giving
29 precedence to the requirements of s. 42 of the Internal
30 Revenue Code of 1986, as amended, in lieu of following the
31 criteria prescribed in this subsection with the exception of
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1 paragraphs (a) and (d) of this subsection.
2 Section 24. Subsection (6) of section 420.9076,
3 Florida Statutes, is amended to read:
4 420.9076 Adoption of affordable housing incentive
5 strategies; committees.--
6 (6) Within 90 days after the date of receipt of the
7 local housing incentive strategies recommendations from the
8 advisory committee, the governing body of the appointing local
9 government shall adopt an amendment to its local housing
10 assistance plan to incorporate the local housing incentive
11 strategies it will implement within its jurisdiction. The
12 amendment must include, at a minimum, the local housing
13 incentive strategies specified as defined in paragraphs
14 (4)(a)-(j) s. 420.9071(16).
15 Section 25. Subsection (2) of section 420.9079,
16 Florida Statutes, is amended to read:
17 420.9079 Local Government Housing Trust Fund.--
18 (2) The corporation shall administer the fund
19 exclusively for the purpose of implementing the programs
20 described in ss. 420.907-420.9078 and this section. With the
21 exception of monitoring the activities of counties and
22 eligible municipalities to determine local compliance with
23 program requirements, the corporation shall not receive
24 appropriations from the fund for administrative or personnel
25 costs. For the purpose of implementing the compliance
26 monitoring provisions of s. 420.9075(9)(8), the corporation
27 may request a maximum of one-quarter of 1 percent of the
28 annual appropriation $200,000 per state fiscal year. When such
29 funding is appropriated, the corporation shall deduct the
30 amount appropriated prior to calculating the local housing
31 distribution pursuant to ss. 420.9072 and 420.9073.
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1 Section 26. Subsection (12) of section 1001.43,
2 Florida Statutes, is renumbered as subsection (13), and a new
3 subsection (12) is added to that section, to read:
4 1001.43 Supplemental powers and duties of district
5 school board.--The district school board may exercise the
6 following supplemental powers and duties as authorized by this
7 code or State Board of Education rule.
8 (12) AFFORDABLE HOUSING.--A district school board may
9 use portions of school sites purchased within the guidelines
10 of the State Requirements for Educational Facilities, land
11 deemed not usable for educational purposes because of location
12 or other factors, or land declared as surplus by the board to
13 provide sites for affordable housing for teachers and other
14 district personnel independently or in conjunction with other
15 agencies as described in subsection (5).
16 Section 27. Community Workforce Housing Innovation
17 Pilot Program.--
18 (1) The Legislature finds and declares that recent
19 rapid increases in the median purchase price of a home and the
20 cost of rental housing have far outstripped the increases in
21 median income in the state, preventing essential services
22 personnel from living in the communities where they serve and
23 thereby creating the need for innovative solutions for the
24 provision of housing opportunities for essential services
25 personnel.
26 (2) The Community Workforce Housing Innovation Pilot
27 Program is created to provide affordable rental and home
28 ownership community workforce housing for essential services
29 personnel affected by the high cost of housing, using
30 regulatory incentives and state and local funds to promote
31 local public-private partnerships and leverage government and
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1 private resources.
2 (3) For purposes of this section, the following
3 definitions apply:
4 (a) "Workforce housing" means housing affordable to
5 natural persons or families whose total annual household
6 income does not exceed 140 percent of the area median income,
7 adjusted for household size, or 150 percent of area median
8 income, adjusted for household size, in areas of critical
9 state concern designated under s. 380.05, Florida Statutes,
10 for which the Legislature has declared its intent to provide
11 affordable housing, and areas that were designated as areas of
12 critical state concern for at least 20 consecutive years prior
13 to removal of the designation.
14 (b) "Essential services personnel" means persons in
15 need of affordable housing who are employed in occupations or
16 professions in which they are considered essential services
17 personnel, as defined by each county and eligible municipality
18 within its respective local housing assistance plan pursuant
19 to s. 420.9075(3)(a), Florida Statutes.
20 (c) "Public-private partnership" means any form of
21 business entity that includes substantial involvement of at
22 least one county, one municipality, or one public sector
23 entity, such as a school district or other unit of local
24 government in which the project is to be located, and at least
25 one private sector for-profit or not-for-profit business or
26 charitable entity, and may be any form of business entity,
27 including a joint venture or contractual agreement.
28 (4) The Florida Housing Finance Corporation is
29 authorized to provide Community Workforce Housing Innovation
30 Pilot Program loans to an applicant for construction or
31 rehabilitation of workforce housing in eligible areas. The
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1 corporation shall establish a funding process and selection
2 criteria by rule or request for proposals. This funding is
3 intended to be used with other public and private sector
4 resources.
5 (5) The corporation shall provide incentives for local
6 governments in eligible areas to use local affordable housing
7 funds, such as those from the State Housing Initiatives
8 Partnership Program, to assist in meeting the affordable
9 housing needs of persons eligible under this program.
10 (6) Funding shall be targeted to projects in areas
11 where the disparity between the area median income and the
12 median sales price for a single-family home is greatest, and
13 for projects in areas where population growth as a percentage
14 rate of increase is greatest. The corporation may also fund
15 projects in areas where innovative regulatory and financial
16 incentives are made available. The corporation shall fund at
17 least one eligible project in as many counties as possible.
18 (7) Projects shall receive priority consideration for
19 funding where:
20 (a) The local jurisdiction adopts appropriate
21 regulatory incentives, local contributions or financial
22 strategies, or other funding sources to promote the
23 development and ongoing financial viability of such projects.
24 Local incentives include such actions as expediting review of
25 development orders and permits, supporting development near
26 transportation hubs and major employment centers, and adopting
27 land development regulations designed to allow flexibility in
28 densities, use of accessory units, mixed-use developments, and
29 flexible lot configurations. Financial strategies include such
30 actions as promoting employer-assisted housing programs,
31 providing tax increment financing, and providing land.
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1 (b) Projects are innovative and include new
2 construction or rehabilitation, mixed-income housing, or
3 commercial and housing mixed-use elements and those that
4 promote homeownership. The program funding shall not exceed
5 the costs attributable to the portion of the project that is
6 set aside to provide housing for the targeted population.
7 (c) Projects that set aside at least 80 percent of
8 units for workforce housing and at least 50 percent for
9 essential services personnel and for projects that require the
10 least amount of program funding compared to the overall
11 housing costs for the project.
12 (8) Notwithstanding the provisions of s.
13 163.3184(3)-(6), Florida Statutes, any local government
14 comprehensive plan amendment to implement a Community
15 Workforce Housing Innovation Pilot Program project found
16 consistent with the provisions of this section shall be
17 expedited as provided in this subsection. At least 30 days
18 prior to adopting a plan amendment pursuant to this paragraph,
19 the local government shall notify the state land planning
20 agency of its intent to adopt such an amendment, and the
21 notice shall include its evaluation related to site
22 suitability and availability of facilities and services. The
23 public notice of the hearing required by s. 163.3184(15)(e),
24 Florida Statutes, shall include a statement that the local
25 government intends to utilize the expedited adoption process
26 authorized by this subsection. Such amendments shall require
27 only a single public hearing before the governing board, which
28 shall be an adoption hearing as described in s. 163.3184(7),
29 Florida Statutes, and the state land planning agency shall
30 issue its notice of intent pursuant to s. 163.3184(8), Florida
31 Statutes, within 30 days after determining that the amendment
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1 package is complete.
2 (9) The corporation shall award loans with interest
3 rates set at 1 to 3 percent, which may be made forgivable when
4 long-term affordability is provided and when at least 80
5 percent of the units are set aside for workforce housing and
6 at least 50 percent of the units are set aside for essential
7 services personnel.
8 (10) All eligible applications shall:
9 (a) For home ownership, limit the sales price of a
10 detached unit, townhome, or condominium unit to not more than
11 80 percent of the median sales price for that type of unit in
12 that county, or the statewide median sales price for that type
13 of unit, whichever is higher, and require that all eligible
14 purchasers of home ownership units occupy the homes as their
15 primary residence.
16 (b) For rental units, restrict rents for all workforce
17 housing serving those with incomes at or below 120 percent of
18 area median income at the appropriate income level using the
19 restricted rents for the federal low-income housing tax credit
20 program and, for workforce housing units serving those with
21 incomes above 120 percent of area median income, restrict
22 rents to those established by the corporation, not to exceed
23 30 percent of the maximum household income adjusted to unit
24 size.
25 (c) Demonstrate that the applicant is a public-private
26 partnership.
27 (d) Have grants, donations of land, or contributions
28 from the public-private partnership or other sources
29 collectively totaling at least 15 percent of the total
30 development cost. Such grants, donations of land, or
31 contributions must be evidenced by a letter of commitment only
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1 at the time of application. Grants, donations of land, or
2 contributions in excess of 15 percent of the development cost
3 shall increase the application score.
4 (e) Demonstrate how the applicant will use the
5 regulatory incentives and financial strategies outlined in
6 paragraph (7)(a) from the local jurisdiction in which the
7 proposed project is to be located. The corporation may consult
8 with the Department of Community Affairs in evaluating the use
9 of regulatory incentives by applicants.
10 (f) Demonstrate that the applicant possesses title to
11 or site control of land and evidences availability of required
12 infrastructure.
13 (g) Demonstrate the applicant's affordable housing
14 development and management experience.
15 (h) Provide any research or facts available supporting
16 the demand and need for rental or home ownership workforce
17 housing for eligible persons in the market in which the
18 project is proposed.
19 (11) Projects may include manufactured housing
20 constructed after June 1994 and installed in accordance with
21 mobile home installation standards of the Department of
22 Highway Safety and Motor Vehicles.
23 (12) The corporation may adopt rules pursuant to ss.
24 120.536(1) and 120.54, Florida Statutes, to implement the
25 provisions of this section.
26 (13) The corporation may use a maximum of 2 percent of
27 the annual appropriation for administration and compliance
28 monitoring.
29 (14) The corporation shall review the success of the
30 Community Workforce Housing Innovation Pilot Program to
31 ascertain whether the projects financed by the program are
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1 useful in meeting the housing needs of eligible areas. The
2 corporation shall submit its report and any recommendations
3 regarding the program to the Governor, the Speaker of the
4 House of Representatives, and the President of the Senate not
5 later than 2 months after the end of the corporation's fiscal
6 year.
7 Section 28. Affordable housing land donation density
8 bonus incentives.--
9 (1) A local government may provide density bonus
10 incentives pursuant to the provisions of this section to any
11 landowner who voluntarily donates fee simple interest in real
12 property to the local government for the purpose of assisting
13 the local government in providing affordable housing. Donated
14 real property must be determined by the local government to be
15 appropriate for use as affordable housing and must be subject
16 to deed restrictions to ensure that the property will be used
17 for affordable housing.
18 (2) For purposes of this section, the terms
19 "affordable," "extremely-low-income persons," "low-income
20 persons," "moderate-income persons," and "very-low-income
21 persons," have the same meaning as in s. 420.0004, Florida
22 Statutes.
23 (3) The density bonus may be applied to any land
24 within the local government's jurisdiction provided that
25 residential use is an allowable use on the receiving land.
26 (4) The density bonus, identification of receiving
27 land for the bonus, and any other conditions associated with
28 the donation of the land for affordable housing are the
29 subject of review and approval by the local government. The
30 award of density bonus pursuant to this section, the legal
31 description of the land receiving the bonus, and any other
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1 conditions associated with the bonus shall be memorialized in
2 a development agreement or other binding agreement and
3 recorded with the clerk of court in the county where the
4 donated land and receiving land are located.
5 (5) The local government, as part of the approval
6 process, shall adopt a comprehensive plan amendment, pursuant
7 to part II of chapter 163, Florida Statutes, for the receiving
8 land that incorporates the density bonus. Such amendment shall
9 be adopted in the manner as required for small-scale
10 amendments pursuant to s. 163.3187, Florida Statutes, is not
11 subject to the requirements of s. 163.3184(3)-(6), Florida
12 Statutes, and is exempt from the limitation on the frequency
13 of plan amendments as provided in s. 163.3187, Florida
14 Statutes.
15 (6) The deed restrictions required pursuant to
16 subsection (1) for an affordable housing unit must also
17 prohibit the unit from being sold at a price that exceeds the
18 threshold for housing that is affordable for low-income or
19 moderate-income persons or to a buyer who is not eligible due
20 to his or her income under chapter 420, Florida Statutes. The
21 deed restriction may allow affordable housing units created
22 under subsection (1) to be rented to extremely-low-income,
23 very-low-income, low-income, or moderate-income persons.
24 (7) The local government may transfer all or a portion
25 of the donated land to a nonprofit housing organization, such
26 as a community land trust, housing authority, or community
27 redevelopment agency, to be used for the production and
28 preservation of permanently affordable housing.
29 Section 29. Section 196.1978, Florida Statutes, is
30 amended to read:
31 196.1978 Affordable housing property
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1 exemption.--Property used to provide affordable housing
2 serving eligible persons as defined by s. 159.603(7) and
3 persons meeting income limits specified in s. 420.0004(8) s.
4 420.0004(9), (10), (11), and (15) (14), which property is
5 owned entirely by a nonprofit entity which is qualified as
6 charitable under s. 501(c)(3) of the Internal Revenue Code and
7 which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall
8 be considered property owned by an exempt entity and used for
9 a charitable purpose, and those portions of the affordable
10 housing property which provide housing to individuals with
11 incomes as defined in s. 420.0004(10)(9) and (15)(14) shall be
12 exempt from ad valorem taxation to the extent authorized in s.
13 196.196. All property identified in this section shall comply
14 with the criteria for determination of exempt status to be
15 applied by property appraisers on an annual basis as defined
16 in s. 196.195. The Legislature intends that any property owned
17 by a limited liability company which is disregarded as an
18 entity for federal income tax purposes pursuant to Treasury
19 Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by
20 its sole member.
21 Section 30. Paragraph (o) of subsection (5) of section
22 212.08, Florida Statutes, is amended to read:
23 212.08 Sales, rental, use, consumption, distribution,
24 and storage tax; specified exemptions.--The sale at retail,
25 the rental, the use, the consumption, the distribution, and
26 the storage to be used or consumed in this state of the
27 following are hereby specifically exempt from the tax imposed
28 by this chapter.
29 (5) EXEMPTIONS; ACCOUNT OF USE.--
30 (o) Building materials in redevelopment projects.--
31 1. As used in this paragraph, the term:
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1 a. "Building materials" means tangible personal
2 property that becomes a component part of a housing project or
3 a mixed-use project.
4 b. "Housing project" means the conversion of an
5 existing manufacturing or industrial building to housing units
6 in an urban high-crime area, enterprise zone, empowerment
7 zone, Front Porch Community, designated brownfield area, or
8 urban infill area and in which the developer agrees to set
9 aside at least 20 percent of the housing units in the project
10 for low-income and moderate-income persons or the construction
11 in a designated brownfield area of affordable housing for
12 persons described in s. 420.0004(8), (10), (11), or (15) s.
13 420.0004(9), (10), or (14), or in s. 159.603(7).
14 c. "Mixed-use project" means the conversion of an
15 existing manufacturing or industrial building to mixed-use
16 units that include artists' studios, art and entertainment
17 services, or other compatible uses. A mixed-use project must
18 be located in an urban high-crime area, enterprise zone,
19 empowerment zone, Front Porch Community, designated brownfield
20 area, or urban infill area, and the developer must agree to
21 set aside at least 20 percent of the square footage of the
22 project for low-income and moderate-income housing.
23 d. "Substantially completed" has the same meaning as
24 provided in s. 192.042(1).
25 2. Building materials used in the construction of a
26 housing project or mixed-use project are exempt from the tax
27 imposed by this chapter upon an affirmative showing to the
28 satisfaction of the department that the requirements of this
29 paragraph have been met. This exemption inures to the owner
30 through a refund of previously paid taxes. To receive this
31 refund, the owner must file an application under oath with the
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1 department which includes:
2 a. The name and address of the owner.
3 b. The address and assessment roll parcel number of
4 the project for which a refund is sought.
5 c. A copy of the building permit issued for the
6 project.
7 d. A certification by the local building code
8 inspector that the project is substantially completed.
9 e. A sworn statement, under penalty of perjury, from
10 the general contractor licensed in this state with whom the
11 owner contracted to construct the project, which statement
12 lists the building materials used in the construction of the
13 project and the actual cost thereof, and the amount of sales
14 tax paid on these materials. If a general contractor was not
15 used, the owner shall provide this information in a sworn
16 statement, under penalty of perjury. Copies of invoices
17 evidencing payment of sales tax must be attached to the sworn
18 statement.
19 3. An application for a refund under this paragraph
20 must be submitted to the department within 6 months after the
21 date the project is deemed to be substantially completed by
22 the local building code inspector. Within 30 working days
23 after receipt of the application, the department shall
24 determine if it meets the requirements of this paragraph. A
25 refund approved pursuant to this paragraph shall be made
26 within 30 days after formal approval of the application by the
27 department. The provisions of s. 212.095 do not apply to any
28 refund application made under this paragraph.
29 4. The department shall establish by rule an
30 application form and criteria for establishing eligibility for
31 exemption under this paragraph.
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1 5. The exemption shall apply to purchases of materials
2 on or after July 1, 2000.
3 Section 31. The Florida Housing Finance Corporation is
4 authorized to provide funds to eligible entities for
5 affordable housing recovery in those areas of the state which
6 sustained housing damage due to hurricanes during 2004 and
7 2005. The Florida Housing Finance Corporation shall utilize
8 data provided by the Federal Emergency Management Agency to
9 assist in its allocation of funds to local jurisdictions. To
10 administer these programs, the Florida Housing Finance
11 Corporation shall be guided by the "Hurricane Housing Work
12 Group Recommendations to Assist in Florida's Long Term Housing
13 Recovery Efforts" report dated February 16, 2005, and may
14 adopt emergency rules pursuant to s. 120.54, Florida Statutes.
15 The Legislature finds that emergency rules adopted pursuant to
16 this section meet the health, safety, and welfare requirement
17 of s. 120.54(4), Florida Statutes. The Legislature finds that
18 such emergency rulemaking power is necessary for the
19 preservation of the rights and welfare of the people in order
20 to provide additional funds to assist those areas of the state
21 that sustained housing damage due to hurricanes during 2004
22 and 2005. Therefore, in adopting such emergency rules, the
23 corporation need not make the findings required by s.
24 120.54(4)(a), Florida Statutes. Emergency rules adopted under
25 this section are exempt from s. 120.54(4)(c), Florida
26 Statutes. The sum of $75.9 million is appropriated from the
27 Local Government Housing Trust Fund to the Florida Housing
28 Finance Corporation for the Rental Recovery Loan Program. The
29 sum of $15 million is appropriated from the State Housing
30 Trust Fund to the Florida Housing Finance Corporation for the
31 Farmworker Housing Recovery Program and the Special Housing
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1 Assistance and Development Program, and the sum of $17 million
2 is appropriated from the State Housing Trust Fund to the
3 Florida Housing Finance Corporation for the Rental Recovery
4 Program. The sum of $100,000 is appropriated from the State
5 Housing Trust Fund to the Florida Housing Finance Corporation
6 for technical and training assistance.
7 Section 32. The sum of $82,904,000 is appropriated
8 from the Florida Small Cities Community Development Block
9 Grant Program Fund to the Department of Community Affairs.
10 These funds shall be used consistent with the Federal
11 Register, Vol. 71, No. 29, February 13, 2006, Docket No.
12 FR-5051-N-01, and the Action Plan for Disaster Recovery
13 approved by the United States Department of Housing and Urban
14 Development to meet the needs of communities impacted by
15 Hurricanes Wilma and Katrina, with a prioritization toward
16 affordable housing in the most impacted areas of the state.
17 Section 33. The sum of $50 million is appropriated
18 from the Local Government Housing Trust Fund to the Florida
19 Housing Finance Corporation for fiscal year 2006-2007 to
20 implement the Community Workforce Housing Innovation Pilot
21 Program.
22 Section 34. The sum of $30 million is appropriated
23 from the State Housing Trust Fund to the Florida Housing
24 Finance Corporation for fiscal year 2006-2007 to assist in the
25 production of housing units for extremely-low-income persons
26 as defined in s. 420.0004(8), Florida Statutes.
27 Section 35. The sum of $250,000 of recurring funds and
28 $300,000 of nonrecurring funds is appropriated from the Grants
29 and Donations Trust Fund to the Department of Community
30 Affairs for the purpose of implementing the provisions of this
31 act relating to the Century Commission for a Sustainable
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1 Florida during the 2006-2007 fiscal year.
2 Section 36. Except as otherwise expressly provided in
3 this act, this act shall take effect July 1, 2006.
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
9
10 and insert:
11 A bill to be entitled
12 An act relating to affordable housing; creating
13 s. 125.379, F.S.; providing for disposition of
14 county property for affordable housing;
15 amending s. 163.31771, F.S., relating to
16 accessory dwelling units; revising legislative
17 findings and definitions; conforming
18 cross-references; amending s. 163.3187, F.S.;
19 revising a limitation relating to small scale
20 comprehensive plan amendments involving the
21 construction of affordable housing units;
22 creating s. 166.0451, F.S.; providing for
23 disposition of municipal property for
24 affordable housing; providing a statement of
25 important state interest; amending s. 189.4155,
26 F.S.; authorizing independent special districts
27 to provide for housing and housing assistance;
28 amending s. 191.006, F.S.; authorizing
29 independent special fire control districts to
30 provide employee housing and housing
31 assistance; amending s. 197.252, F.S.;
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1 decreasing the age and increasing the income
2 threshold required for eligibility to defer ad
3 valorem property taxes; decreasing the maximum
4 interest rate that may be charged on deferred
5 ad valorem taxes; amending s. 253.034, F.S.;
6 providing for the disposition of state lands
7 for affordable housing; amending s. 253.0341,
8 F.S.; authorizing local governments to request
9 state lands be declared surplus for the purpose
10 of affordable housing; providing for use of
11 lands that are declared surplus; amending s.
12 295.16, F.S.; expanding the disabled veteran
13 exemption from certain license and permit fees
14 relating to dwelling improvements; amending s.
15 380.06, F.S.; providing a greater substantial
16 deviation threshold for the provision of
17 affordable housing in a development of regional
18 impact; conforming cross-references; amending
19 s. 380.0651, F.S.; providing a statewide
20 guidelines and standards bonus for the
21 provision of workforce housing; amending s.
22 420.0004, F.S.; defining the term
23 "extremely-low-income persons"; conforming
24 cross-references; amending s. 420.503, F.S.;
25 revising the definition of the term
26 "farmworker" under the Florida Housing Finance
27 Corporation Act; providing rulemaking
28 authority; amending s. 420.5061, F.S.;
29 conforming a cross-reference; amending s.
30 420.507, F.S.; revising and expanding the
31 powers of the Florida Housing Finance
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1 Corporation relating to mortgage loan interest
2 rates, loans, loan relief, uses of loan funds,
3 subsidiary business entities, and data
4 reporting; providing rulemaking authority;
5 amending s. 420.5087, F.S.; increasing the
6 population criteria for the State Apartment
7 Incentive Loan Program; revising criteria for
8 loans; conforming cross-references; amending s.
9 420.5088, F.S.; expanding the scope of the
10 Florida Homeownership Assistance Program;
11 revising loan requirements; deleting a
12 provision reserving program funds for certain
13 borrowers; repealing ss. 420.37 and 420.530,
14 F.S., relating to the State Farm Worker Housing
15 Pilot Loan Program; amending s. 420.9071, F.S.;
16 conforming a cross-reference; amending s.
17 420.9072, F.S.; conforming cross-references;
18 amending s. 420.9075, F.S.; requiring local
19 housing assistance plans to define essential
20 service personnel for the county or eligible
21 municipality and to contain a strategy for the
22 recruitment and retention of such personnel;
23 amending s. 420.9076, F.S.; conforming a
24 cross-reference; amending s. 420.9079, F.S.;
25 revising the maximum appropriation the Florida
26 Housing Finance Corporation may request each
27 state fiscal year; conforming a
28 cross-reference; amending s. 1001.43, F.S.;
29 authorizing district school boards to provide
30 affordable housing for teachers and other
31 district personnel; creating the Community
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1 Workforce Housing Innovation Pilot Program;
2 provides legislative findings; providing
3 definitions; providing the Florida Housing
4 Finance Corporation with certain powers and
5 responsibilities relating to the program;
6 requiring the program to target certain
7 entities; providing application requirements;
8 providing incentives for program applicants;
9 providing rulemaking authority; requires a
10 report to the Governor and Legislature;
11 authorizing local governments to provide
12 density bonus incentives to landowners who
13 donate fee simple interest in real property to
14 the local government for the purpose of
15 assisting the local government in providing
16 affordable housing; providing definitions and
17 requirements governing such donations and
18 density bonuses; amending s. 196.1978, F.S.,
19 correcting cross-references; amending s.
20 212.08, F.S.; correcting cross-references;
21 authorizing the corporation to provide funds
22 for eligible entities for affordable housing
23 recovery in those counties that were declared
24 eligible for disaster funding after the
25 hurricanes of 2004 and 2005 and that sustained
26 housing damage due to those storms; authorizing
27 the corporation to adopt emergency rules;
28 providing an appropriation to the Florida
29 Housing Finance Corporation to provide housing
30 units for extremely-low-income persons;
31 providing an appropriation to the Florida
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1 Housing Finance Corporation to implement the
2 Community Workforce Housing Innovation Pilot
3 Program; providing an appropriation to the
4 Florida Housing Finance Corporation for
5 hurricane housing recovery; providing an
6 appropriation to the Department of Community
7 Affairs for the Century Commission for a
8 Sustainable Florida; providing effective dates.
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