Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1363, 2nd Eng.
                        Barcode 963696
                            CHAMBER ACTION
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       05/02/2006 10:46 AM         .                    
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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:
19         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. Barcode 963696 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 2 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 3 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 4 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 5 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 6 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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: 8 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 9 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 10 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 11 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 12 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 13 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 14 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 15 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 16 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 18 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 19 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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, 20 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 21 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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) 22 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 23 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 24 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 25 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 27 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 31 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 32 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 33 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 35 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 36 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 37 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 38 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 39 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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: 40 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 41 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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). 42 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 43 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 44 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 45 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 46 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 47 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 48 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 49 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 50 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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. 51 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 52 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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 53 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 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) When ownership of the land or property utilized 20 for development in conjunction with the Community Workforce 21 Housing Innovation Pilot Program grant is to be held by any 22 public sector entity, as described in this section, the 23 applicant may choose to use a nonprofit or public entity to 24 manage the resulting housing program and must demonstrate that 25 such management entity: 26 (a) Has experience and is proficient in the management 27 of affordable housing programs. 28 (b) Has regularly conducted independent audits. 29 (12) Projects may include manufactured housing 30 constructed after June 1994 and installed in accordance with 31 mobile home installation standards of the Department of 54 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 Highway Safety and Motor Vehicles. 2 (13) The corporation may adopt rules pursuant to ss. 3 120.536(1) and 120.54, Florida Statutes, to implement the 4 provisions of this section. 5 (14) The corporation may use a maximum of 2 percent of 6 the annual appropriation for administration and compliance 7 monitoring. 8 (15) The corporation shall review the success of the 9 Community Workforce Housing Innovation Pilot Program to 10 ascertain whether the projects financed by the program are 11 useful in meeting the housing needs of eligible areas. The 12 corporation shall submit its report and any recommendations 13 regarding the program to the Governor, the Speaker of the 14 House of Representatives, and the President of the Senate not 15 later than 2 months after the end of the corporation's fiscal 16 year. 17 Section 28. Affordable housing land donation density 18 bonus incentives.-- 19 (1) A local government may provide density bonus 20 incentives pursuant to the provisions of this section to any 21 landowner who voluntarily donates fee simple interest in real 22 property to the local government for the purpose of assisting 23 the local government in providing affordable housing. Donated 24 real property must be determined by the local government to be 25 appropriate for use as affordable housing and must be subject 26 to deed restrictions to ensure that the property will be used 27 for affordable housing. 28 (2) For purposes of this section, the terms 29 "affordable," "extremely-low-income persons," "low-income 30 persons," "moderate-income persons," and "very-low-income 31 persons," have the same meaning as in s. 420.0004, Florida 55 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 Statutes. 2 (3) The density bonus may be applied to any land 3 within the local government's jurisdiction provided that 4 residential use is an allowable use on the receiving land. 5 (4) The density bonus, identification of receiving 6 land for the bonus, and any other conditions associated with 7 the donation of the land for affordable housing are the 8 subject of review and approval by the local government. The 9 award of density bonus pursuant to this section, the legal 10 description of the land receiving the bonus, and any other 11 conditions associated with the bonus shall be memorialized in 12 a development agreement or other binding agreement and 13 recorded with the clerk of court in the county where the 14 donated land and receiving land are located. 15 (5) The local government, as part of the approval 16 process, shall adopt a comprehensive plan amendment, pursuant 17 to part II of chapter 163, Florida Statutes, for the receiving 18 land that incorporates the density bonus. Such amendment shall 19 be adopted in the manner as required for small-scale 20 amendments pursuant to s. 163.3187, Florida Statutes, is not 21 subject to the requirements of s. 163.3184(3)-(6), Florida 22 Statutes, and is exempt from the limitation on the frequency 23 of plan amendments as provided in s. 163.3187, Florida 24 Statutes. 25 (6) The deed restrictions required pursuant to 26 subsection (1) for an affordable housing unit must also 27 prohibit the unit from being sold at a price that exceeds the 28 threshold for housing that is affordable for low-income or 29 moderate-income persons or to a buyer who is not eligible due 30 to his or her income under chapter 420, Florida Statutes. The 31 deed restriction may allow affordable housing units created 56 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 under subsection (1) to be rented to extremely-low-income, 2 very-low-income, low-income, or moderate-income persons. 3 (7) The local government may transfer all or a portion 4 of the donated land to a nonprofit housing organization, such 5 as a community land trust, housing authority, or community 6 redevelopment agency, to be used for the production and 7 preservation of permanently affordable housing. 8 Section 29. Section 196.1978, Florida Statutes, is 9 amended to read: 10 196.1978 Affordable housing property 11 exemption.--Property used to provide affordable housing 12 serving eligible persons as defined by s. 159.603(7) and 13 persons meeting income limits specified in s. 420.0004(8) s. 14 420.0004(9), (10), (11), and (15) (14), which property is 15 owned entirely by a nonprofit entity which is qualified as 16 charitable under s. 501(c)(3) of the Internal Revenue Code and 17 which complies with Rev. Proc. 96-32, 1996-1 C.B. 717, shall 18 be considered property owned by an exempt entity and used for 19 a charitable purpose, and those portions of the affordable 20 housing property which provide housing to individuals with 21 incomes as defined in s. 420.0004(10)(9) and (15)(14) shall be 22 exempt from ad valorem taxation to the extent authorized in s. 23 196.196. All property identified in this section shall comply 24 with the criteria for determination of exempt status to be 25 applied by property appraisers on an annual basis as defined 26 in s. 196.195. The Legislature intends that any property owned 27 by a limited liability company which is disregarded as an 28 entity for federal income tax purposes pursuant to Treasury 29 Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by 30 its sole member. 31 Section 30. Paragraph (o) of subsection (5) of section 57 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 212.08, Florida Statutes, is amended to read: 2 212.08 Sales, rental, use, consumption, distribution, 3 and storage tax; specified exemptions.--The sale at retail, 4 the rental, the use, the consumption, the distribution, and 5 the storage to be used or consumed in this state of the 6 following are hereby specifically exempt from the tax imposed 7 by this chapter. 8 (5) EXEMPTIONS; ACCOUNT OF USE.-- 9 (o) Building materials in redevelopment projects.-- 10 1. As used in this paragraph, the term: 11 a. "Building materials" means tangible personal 12 property that becomes a component part of a housing project or 13 a mixed-use project. 14 b. "Housing project" means the conversion of an 15 existing manufacturing or industrial building to housing units 16 in an urban high-crime area, enterprise zone, empowerment 17 zone, Front Porch Community, designated brownfield area, or 18 urban infill area and in which the developer agrees to set 19 aside at least 20 percent of the housing units in the project 20 for low-income and moderate-income persons or the construction 21 in a designated brownfield area of affordable housing for 22 persons described in s. 420.0004(8), (10), (11), or (15) s. 23 420.0004(9), (10), or (14), or in s. 159.603(7). 24 c. "Mixed-use project" means the conversion of an 25 existing manufacturing or industrial building to mixed-use 26 units that include artists' studios, art and entertainment 27 services, or other compatible uses. A mixed-use project must 28 be located in an urban high-crime area, enterprise zone, 29 empowerment zone, Front Porch Community, designated brownfield 30 area, or urban infill area, and the developer must agree to 31 set aside at least 20 percent of the square footage of the 58 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 project for low-income and moderate-income housing. 2 d. "Substantially completed" has the same meaning as 3 provided in s. 192.042(1). 4 2. Building materials used in the construction of a 5 housing project or mixed-use project are exempt from the tax 6 imposed by this chapter upon an affirmative showing to the 7 satisfaction of the department that the requirements of this 8 paragraph have been met. This exemption inures to the owner 9 through a refund of previously paid taxes. To receive this 10 refund, the owner must file an application under oath with the 11 department which includes: 12 a. The name and address of the owner. 13 b. The address and assessment roll parcel number of 14 the project for which a refund is sought. 15 c. A copy of the building permit issued for the 16 project. 17 d. A certification by the local building code 18 inspector that the project is substantially completed. 19 e. A sworn statement, under penalty of perjury, from 20 the general contractor licensed in this state with whom the 21 owner contracted to construct the project, which statement 22 lists the building materials used in the construction of the 23 project and the actual cost thereof, and the amount of sales 24 tax paid on these materials. If a general contractor was not 25 used, the owner shall provide this information in a sworn 26 statement, under penalty of perjury. Copies of invoices 27 evidencing payment of sales tax must be attached to the sworn 28 statement. 29 3. An application for a refund under this paragraph 30 must be submitted to the department within 6 months after the 31 date the project is deemed to be substantially completed by 59 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 the local building code inspector. Within 30 working days 2 after receipt of the application, the department shall 3 determine if it meets the requirements of this paragraph. A 4 refund approved pursuant to this paragraph shall be made 5 within 30 days after formal approval of the application by the 6 department. The provisions of s. 212.095 do not apply to any 7 refund application made under this paragraph. 8 4. The department shall establish by rule an 9 application form and criteria for establishing eligibility for 10 exemption under this paragraph. 11 5. The exemption shall apply to purchases of materials 12 on or after July 1, 2000. 13 Section 31. The Florida Housing Finance Corporation is 14 authorized to provide funds to eligible entities for 15 affordable housing recovery in those areas of the state which 16 sustained housing damage due to hurricanes during 2004 and 17 2005. The Florida Housing Finance Corporation shall utilize 18 data provided by the Federal Emergency Management Agency to 19 assist in its allocation of funds to local jurisdictions. To 20 administer these programs, the Florida Housing Finance 21 Corporation shall be guided by the "Hurricane Housing Work 22 Group Recommendations to Assist in Florida's Long Term Housing 23 Recovery Efforts" report dated February 16, 2005, and may 24 adopt emergency rules pursuant to s. 120.54, Florida Statutes. 25 The Legislature finds that emergency rules adopted pursuant to 26 this section meet the health, safety, and welfare requirement 27 of s. 120.54(4), Florida Statutes. The Legislature finds that 28 such emergency rulemaking power is necessary for the 29 preservation of the rights and welfare of the people in order 30 to provide additional funds to assist those areas of the state 31 that sustained housing damage due to hurricanes during 2004 60 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 and 2005. Therefore, in adopting such emergency rules, the 2 corporation need not make the findings required by s. 3 120.54(4)(a), Florida Statutes. Emergency rules adopted under 4 this section are exempt from s. 120.54(4)(c), Florida 5 Statutes. The sum of $15 million is appropriated from the 6 Local Government Housing Trust Fund to the Florida Housing 7 Finance Corporation for the Farmworker Housing Recovery 8 Program and the Special Housing Assistance and Development 9 Program, the sum of $100,000 for technical and training 10 assistance, and the sum of $60.9 million for the Rental 11 Recovery Loan Program. An additional $32 million is 12 appropriated from the State Housing Trust Fund to the Florida 13 Housing Finance Corporation for the Rental Recovery Loan 14 Program. 15 Section 32. The sum of $82,904,000 is appropriated 16 from the Florida Small Cities Community Development Block 17 Grant Program Fund to the Department of Community Affairs. 18 These funds shall be used consistent with the Federal 19 Register, Vol. 71, No. 29, February 13, 2006, Docket No. 20 FR-5051-N-01, and the Action Plan for Disaster Recovery 21 approved by the United States Department of Housing and Urban 22 Development to meet the needs of communities impacted by 23 Hurricanes Wilma and Katrina, with a prioritization toward 24 affordable housing in the most impacted areas of the state. 25 Section 33. The sum of $50 million is appropriated 26 from the Local Government Housing Trust Fund to the Florida 27 Housing Finance Corporation for fiscal year 2006-2007 to 28 implement the Community Workforce Housing Innovation Pilot 29 Program. 30 Section 34. The sum of $30 million is appropriated 31 from the Local Government Housing Trust Fund to the Florida 61 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 Housing Finance Corporation for fiscal year 2006-2007 to 2 assist in the production of housing units for 3 extremely-low-income persons as defined in s. 420.0004(8), 4 Florida Statutes. 5 Section 35. The sum of $250,000 of recurring funds and 6 $300,000 of nonrecurring funds is appropriated from the Grants 7 and Donations Trust Fund to the Department of Community 8 Affairs for the purpose of implementing the provisions of this 9 act relating to the Century Commission for a Sustainable 10 Florida during the 2006-2007 fiscal year. 11 Section 36. Except as otherwise expressly provided in 12 this act, this act shall take effect July 1, 2006. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to affordable housing; creating 22 s. 125.379, F.S.; providing for disposition of 23 county property for affordable housing; 24 amending s. 163.31771, F.S., relating to 25 accessory dwelling units; revising legislative 26 findings and definitions; conforming 27 cross-references; amending s. 163.3187, F.S.; 28 revising a limitation relating to small scale 29 comprehensive plan amendments involving the 30 construction of affordable housing units; 31 creating s. 166.0451, F.S.; providing for 62 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 disposition of municipal property for 2 affordable housing; providing a statement of 3 important state interest; amending s. 189.4155, 4 F.S.; authorizing independent special districts 5 to provide for housing and housing assistance; 6 amending s. 191.006, F.S.; authorizing 7 independent special fire control districts to 8 provide employee housing and housing 9 assistance; amending s. 197.252, F.S.; 10 decreasing the age and increasing the income 11 threshold required for eligibility to defer ad 12 valorem property taxes; decreasing the maximum 13 interest rate that may be charged on deferred 14 ad valorem taxes; amending s. 253.034, F.S.; 15 providing for the disposition of state lands 16 for affordable housing; amending s. 253.0341, 17 F.S.; authorizing local governments to request 18 state lands be declared surplus for the purpose 19 of affordable housing; providing for use of 20 lands that are declared surplus; amending s. 21 295.16, F.S.; expanding the disabled veteran 22 exemption from certain license and permit fees 23 relating to dwelling improvements; amending s. 24 380.06, F.S.; providing a greater substantial 25 deviation threshold for the provision of 26 affordable housing in a development of regional 27 impact; conforming cross-references; amending 28 s. 380.0651, F.S.; providing a statewide 29 guidelines and standards bonus for the 30 provision of workforce housing; amending s. 31 420.0004, F.S.; defining the term 63 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 "extremely-low-income persons"; conforming 2 cross-references; amending s. 420.503, F.S.; 3 revising the definition of the term 4 "farmworker" under the Florida Housing Finance 5 Corporation Act; providing rulemaking 6 authority; amending s. 420.5061, F.S.; 7 conforming a cross-reference; amending s. 8 420.507, F.S.; revising and expanding the 9 powers of the Florida Housing Finance 10 Corporation relating to mortgage loan interest 11 rates, loans, loan relief, uses of loan funds, 12 subsidiary business entities, and data 13 reporting; providing rulemaking authority; 14 amending s. 420.5087, F.S.; increasing the 15 population criteria for the State Apartment 16 Incentive Loan Program; revising criteria for 17 loans; conforming cross-references; amending s. 18 420.5088, F.S.; expanding the scope of the 19 Florida Homeownership Assistance Program; 20 revising loan requirements; deleting a 21 provision reserving program funds for certain 22 borrowers; repealing ss. 420.37 and 420.530, 23 F.S., relating to the State Farm Worker Housing 24 Pilot Loan Program; amending s. 420.9071, F.S.; 25 conforming a cross-reference; amending s. 26 420.9072, F.S.; conforming cross-references; 27 amending s. 420.9075, F.S.; requiring local 28 housing assistance plans to define essential 29 service personnel for the county or eligible 30 municipality and to contain a strategy for the 31 recruitment and retention of such personnel; 64 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 amending s. 420.9076, F.S.; conforming a 2 cross-reference; amending s. 420.9079, F.S.; 3 revising the maximum appropriation the Florida 4 Housing Finance Corporation may request each 5 state fiscal year; conforming a 6 cross-reference; amending s. 1001.43, F.S.; 7 authorizing district school boards to provide 8 affordable housing for teachers and other 9 district personnel; creating the Community 10 Workforce Housing Innovation Pilot Program; 11 provides legislative findings; providing 12 definitions; providing the Florida Housing 13 Finance Corporation with certain powers and 14 responsibilities relating to the program; 15 requiring the program to target certain 16 entities; providing application requirements; 17 authorizing an applicant to use a nonprofit or 18 public entity to manage its housing program; 19 providing incentives for program applicants; 20 providing rulemaking authority; requires a 21 report to the Governor and Legislature; 22 authorizing local governments to provide 23 density bonus incentives to landowners who 24 donate fee simple interest in real property to 25 the local government for the purpose of 26 assisting the local government in providing 27 affordable housing; providing definitions and 28 requirements governing such donations and 29 density bonuses; amending s. 196.1978, F.S., 30 correcting cross-references; amending s. 31 212.08, F.S.; correcting cross-references; 65 7:36 AM 05/02/06 h136306e2d-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1363, 2nd Eng. Barcode 963696 1 authorizing the corporation to provide funds 2 for eligible entities for affordable housing 3 recovery in those counties that were declared 4 eligible for disaster funding after the 5 hurricanes of 2004 and 2005 and that sustained 6 housing damage due to those storms; authorizing 7 the corporation to adopt emergency rules; 8 providing an appropriation to the Florida 9 Housing Finance Corporation to provide housing 10 units for extremely-low-income persons; 11 providing an appropriation to the Florida 12 Housing Finance Corporation to implement the 13 Community Workforce Housing Innovation Pilot 14 Program; providing an appropriation to the 15 Florida Housing Finance Corporation for 16 hurricane housing recovery; providing an 17 appropriation to the Department of Community 18 Affairs for the Century Commission for a 19 Sustainable Florida; providing effective dates. 20 21 22 23 24 25 26 27 28 29 30 31 66 7:36 AM 05/02/06 h136306e2d-21-j02