HB 1363

CS

CHAMBER ACTION

1	The Growth Management Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to affordable housing; creating s.
7	125.379, F.S.; providing for disposition of county
8	property for affordable housing; amending s. 163.31771,
9	F.S.; conforming cross-references; amending s. 163.3187,
10	F.S.; revising a limitation relating to small scale
11	comprehensive plan amendments involving the construction
12	of affordable housing units; creating s. 166.0451, F.S.;
13	providing for disposition of municipal property for
14	affordable housing; amending s. 189.4155, F.S.;
15	authorizing independent special districts to provide for
16	employee housing assistance; amending s. 191.006, F.S.;
17	authorizing an independent special fire control district
18	to provide housing or housing assistance for its employed
19	personnel; amending s. 193.017, F.S.; authorizing the
20	Florida Housing Finance Corporation and the Department of
21	Revenue to annually set the cap rate used for assessing
22	just valuation of affordable housing properties; amending
23	s. 196.1978, F.S.; specifying what constitutes a nonprofit
24	entity for purposes of affordable housing property tax
25	exemption; conforming cross-references; creating s.
26	196.1980, F.S.; creating the Manny Diaz Affordable Housing
27	Property Tax Relief Initiative; providing criteria for
28	assessing just valuation of affordable housing properties
29	serving persons of low, moderate, and very low incomes;
30	amending s. 201.15, F.S.; removing a cap on certain funds
31	distributed to the State Housing Trust Fund; amending ss.
32	212.08, 220.183, and 624.5105, F.S.; increasing the amount
33	of available tax credits against the sales tax, corporate
34	income tax, and insurance premium tax, respectively, for
35	projects under the community contribution tax credit
36	program and providing separate annual limitations for
37	certain projects; revising requirements and procedures for
38	the Office of Tourism, Trade, and Economic Development in
39	granting tax credits under the program; conforming cross-
40	references; amending s. 253.034, F.S.; providing for the
41	disposition of state lands for affordable housing;
42	amending s. 295.16, F.S.; expanding the disabled veteran
43	exemption from certain license and permit fees; amending
44	s. 380.06, F.S.; providing a greater substantial deviation
45	threshold for the provision of affordable housing in a
46	development of regional impact; conforming cross-
47	references; amending s. 380.0651, F.S.; providing a
48	statewide guidelines and standards bonus for the provision
49	of affordable housing; amending s. 420.0004, F.S.;
50	defining the term "extremely low income persons";
51	conforming cross-references; repealing s. 420.37, F.S.,
52	relating to additional powers of the Florida Housing
53	Finance Corporation; amending s. 420.503, F.S.; revising
54	the definition of the term "farmworker" under the Florida
55	Housing Finance Corporation Act; providing rulemaking
56	authority; amending s. 420.5061, F.S.; conforming a cross-
57	reference; amending s. 420.507, F.S.; revising and
58	expanding the powers of the Florida Housing Finance
59	Corporation; providing certain emergency rulemaking
60	authority; amending s. 420.5087, F.S.; increasing the
61	population criteria for the State Apartment Incentive Loan
62	Program; revising criteria for loans; conforming cross-
63	references; amending s. 420.5088, F.S.; expanding the
64	scope of the Florida Homeownership Assistance Program;
65	revising loan requirements; deleting a provision reserving
66	program funds for certain borrowers; creating s. 420.5095,
67	F.S.; creating the Community Workforce Housing Innovation
68	Program; providing the Florida Housing Finance Corporation
69	with certain powers and responsibilities relating to the
70	program; requiring the program to target certain entities;
71	requiring the program to supplement existing affordable
72	housing programs; providing incentives for program
73	applicants; amending s. 420.9072, F.S.; conforming cross-
74	references; amending s. 420.9075, F.S.; providing a
75	percentage of funds for homeownership for very-low-income
76	individuals; providing components to be included in the
77	local housing assistance plan; amending s. 420.9076, F.S.;
78	revising a cross-reference; amending s. 420.9079, F.S.;
79	revising the maximum appropriation the Florida Housing
80	Finance Corporation may request each state fiscal year;
81	conforming a cross-reference; amending s. 1001.42, F.S.;
82	authorizing district school boards to provide affordable
83	housing for certain teachers and other instructional
84	personnel; authorizing the Florida Housing Finance
85	Corporation to adopt certain rules; providing
86	appropriations; providing effective dates.
87
88	Be It Enacted by the Legislature of the State of Florida:
89
90	Section 1.  Section 125.379, Florida Statutes, is created
91	to read:
92	125.379  Disposition of county property for affordable
93	housing.--
94	(1)  By January 1, 2007, and every 3 years thereafter, each
95	county shall prepare an inventory list of all real property
96	within its jurisdiction to which the county holds fee simple
97	title. The inventory list must include the address and legal
98	description of each real property and specify whether the
99	property is vacant or improved. County planning staff shall
100	review the inventory list and identify each property that is
101	appropriate for use as affordable housing. The time for
102	preparing the inventory list and its review by county planning
103	staff may not exceed 6 months. The properties identified as
104	appropriate for use as affordable housing may be offered for
105	sale and the proceeds used to purchase land for the development
106	of affordable housing or donated to the Local Government Housing
107	Trust Fund, sold with a restriction that requires any
108	development on the property to include a specified percentage of
109	permanent affordable housing, or donated to a nonprofit housing
110	organization for the construction of permanent affordable
111	housing.
112	(2)  After completing an inventory list, the board of
113	county commissioners shall hold at least two public hearings to
114	discuss the inventory list and staff's recommendation concerning
115	which properties are appropriate for use as affordable housing.
116	The board shall comply with the provisions of s. 125.66(4)(b)1.
117	regarding the advertisement of the public hearings and shall
118	hold the first hearing no later than 30 days after completing
119	the inventory list. The board shall approve the inventory list
120	through the adoption of a resolution at the second hearing no
121	later than 6 months after completing the inventory list.
122	(3)  After the inventory list has been approved by
123	resolution, the board of county commissioners shall immediately
124	make available any real property that has been identified in the
125	inventory list as appropriate for use as affordable housing. The
126	county shall make the surplus real property available to:
127	(a)  A private developer if the purchase price paid by the
128	developer is not less than the appraised value of the property
129	based on its highest and best use and the real property is sold
130	with deed restrictions that require a specified percentage of
131	any project developed on the real property to provide affordable
132	housing for low-income and moderate-income persons, with a
133	minimum of 10 percent of the units in the project available for
134	low-income persons and another 10 percent of the units available
135	for moderate-income persons for a total minimum of 20 percent,
136	or, if providing rental housing or a combination of rental
137	housing and homeownership, an additional 5 percent of the units
138	available for very-low-income persons for a total minimum of 25
139	percent;
140	(b)  A private developer without any requirement that a
141	percentage of the units built on the real property be affordable
142	if the purchase price paid by the developer is not less than the
143	appraised value of the property based on its highest and best
144	use, in which case the county must use the funds received from
145	the developer to acquire real property on which affordable
146	housing will be built or donate the funds to the Local
147	Government Housing Trust Fund for the purpose of implementing
148	the programs described in ss. 420.907-420.9079; or
149	(c)  A nonprofit housing organization, such as a community
150	land trust, housing authority, or community redevelopment agency
151	to be used for the production and preservation of permanent
152	affordable housing.
153	(4)  The deed restrictions required under paragraph (3)(a)
154	for an affordable housing unit must also prohibit the sale of
155	the unit at a price that exceeds the threshold for housing that
156	is affordable for low-income or moderate?income persons or to a
157	buyer who is not eligible due to his or her income under chapter
158	420. The deed restrictions may allow the affordable housing
159	units created under paragraph (3)(a) to be rented to very-low-
160	income, low-income, or moderate-income persons.
161	(5)  For purposes of this section, the terms "affordable,"
162	"low-income persons," "moderate-income persons," and "very-low-
163	income persons" have the same meaning as in s. 420.0004.
164	Section 2.  Paragraphs (d), (e), and (f) of subsection (2)
165	of section 163.31771, Florida Statutes, are amended to read:
166	163.31771  Accessory dwelling units.--
167	(2)  As used in this section, the term:
168	(d)  "Low-income persons" has the same meaning as in s.
169	420.0004(10)(9).
170	(e)  "Moderate-income persons" has the same meaning as in
171	s. 420.0004(11)(10).
172	(f)  "Very-low-income persons" has the same meaning as in
173	s. 420.0004(15)(14).
174	Section 3.  Paragraph (c) of subsection (1) of section
175	163.3187, Florida Statutes, is amended to read:
176	163.3187  Amendment of adopted comprehensive plan.--
177	(1)  Amendments to comprehensive plans adopted pursuant to
178	this part may be made not more than two times during any
179	calendar year, except:
180	(c)  Any local government comprehensive plan amendments
181	directly related to proposed small scale development activities
182	may be approved without regard to statutory limits on the
183	frequency of consideration of amendments to the local
184	comprehensive plan. A small scale development amendment may be
185	adopted only under the following conditions:
186	1.  The proposed amendment involves a use of 10 acres or
187	fewer and:
188	a.  The cumulative annual effect of the acreage for all
189	small scale development amendments adopted by the local
190	government shall not exceed:
191	(I)  A maximum of 120 acres in a local government that
192	contains areas specifically designated in the local
193	comprehensive plan for urban infill, urban redevelopment, or
194	downtown revitalization as defined in s. 163.3164, urban infill
195	and redevelopment areas designated under s. 163.2517,
196	transportation concurrency exception areas approved pursuant to
197	s. 163.3180(5), or regional activity centers and urban central
198	business districts approved pursuant to s. 380.06(2)(e);
199	however, amendments under this paragraph may be applied to no
200	more than 60 acres annually of property outside the designated
201	areas listed in this sub-sub-subparagraph. Amendments adopted
202	pursuant to paragraph (k) shall not be counted toward the
203	acreage limitations for small scale amendments under this
204	paragraph.
205	(II)  A maximum of 80 acres in a local government that does
206	not contain any of the designated areas set forth in sub-sub-
207	subparagraph (I).
208	(III)  A maximum of 120 acres in a county established
209	pursuant to s. 9, Art. VIII of the State Constitution.
210	b.  The proposed amendment does not involve the same
211	property granted a change within the prior 12 months.
212	c.  The proposed amendment does not involve the same
213	owner's property within 200 feet of property granted a change
214	within the prior 12 months.
215	d.  The proposed amendment does not involve a text change
216	to the goals, policies, and objectives of the local government's
217	comprehensive plan, but only proposes a land use change to the
218	future land use map for a site-specific small scale development
219	activity.
220	e.  The property that is the subject of the proposed
221	amendment is not located within an area of critical state
222	concern, unless the project subject to the proposed amendment
223	involves the construction of affordable housing units meeting
224	the criteria of s. 420.0004(3), and is located within an area of
225	critical state concern designated by s. 380.0552 or by the
226	Administration Commission pursuant to s. 380.05(1). Such
227	amendment is not subject to the density limitations of sub-
228	subparagraph f., and shall be reviewed by the state land
229	planning agency for consistency with the principles for guiding
230	development applicable to the area of critical state concern
231	where the amendment is located and shall not become effective
232	until a final order is issued under s. 380.05(6).
233	f.  If the proposed amendment involves a residential land
234	use, the residential land use has a density of 10 units or less
235	per acre or the proposed future land use category allows a
236	maximum residential density of the same or less than the maximum
237	residential density allowable under the existing future land use
238	category, except that this limitation does not apply to small
239	scale amendments involving the construction of affordable
240	housing units meeting the criteria of s. 420.0004(3) on property
241	which will be the subject of a land use restriction agreement or
242	extended use agreement recorded in conjunction with the issuance
243	of tax exempt bond financing or an allocation of federal tax
244	credits issued through the Florida Housing Finance Corporation
245	or a local housing finance authority authorized by the Division
246	of Bond Finance of the State Board of Administration, or small
247	scale amendments described in sub-sub-subparagraph a.(I) that
248	are designated in the local comprehensive plan for urban infill,
249	urban redevelopment, or downtown revitalization as defined in s.
250	163.3164, urban infill and redevelopment areas designated under
251	s. 163.2517, transportation concurrency exception areas approved
252	pursuant to s. 163.3180(5), or regional activity centers and
253	urban central business districts approved pursuant to s.
254	380.06(2)(e).
255	2.a.  A local government that proposes to consider a plan
256	amendment pursuant to this paragraph is not required to comply
257	with the procedures and public notice requirements of s.
258	163.3184(15)(c) for such plan amendments if the local government
259	complies with the provisions in s. 125.66(4)(a) for a county or
260	in s. 166.041(3)(c) for a municipality. If a request for a plan
261	amendment under this paragraph is initiated by other than the
262	local government, public notice is required.
263	b.  The local government shall send copies of the notice
264	and amendment to the state land planning agency, the regional
265	planning council, and any other person or entity requesting a
266	copy. This information shall also include a statement
267	identifying any property subject to the amendment that is
268	located within a coastal high-hazard area as identified in the
269	local comprehensive plan.
270	3.  Small scale development amendments adopted pursuant to
271	this paragraph require only one public hearing before the
272	governing board, which shall be an adoption hearing as described
273	in s. 163.3184(7), and are not subject to the requirements of s.
274	163.3184(3)-(6) unless the local government elects to have them
275	subject to those requirements.
276	4.  If the small scale development amendment involves a
277	site within an area that is designated by the Governor as a
278	rural area of critical economic concern under s. 288.0656(7) for
279	the duration of such designation, the 10-acre limit listed in
280	subparagraph 1. shall be increased by 100 percent to 20 acres.
281	The local government approving the small scale plan amendment
282	shall certify to the Office of Tourism, Trade, and Economic
283	Development that the plan amendment furthers the economic
284	objectives set forth in the executive order issued under s.
285	288.0656(7), and the property subject to the plan amendment
286	shall undergo public review to ensure that all concurrency
287	requirements and federal, state, and local environmental permit
288	requirements are met.
289	Section 4.  Section 166.0451, Florida Statutes, is created
290	to read:
291	166.0451  Disposition of municipal property for affordable
292	housing.--
293	(1)  By January 1, 2007, and every 3 years thereafter, each
294	municipality shall prepare an inventory list of all real
295	property within its jurisdiction to which the municipality holds
296	fee simple title. The inventory list must include the address
297	and legal description of each property and specify whether the
298	property is vacant or improved. Municipal planning staff shall
299	review the inventory list and identify each real property that
300	is appropriate for use as affordable housing. The time for
301	preparing the inventory list and its review by municipal
302	planning staff may not exceed 6 months. The properties
303	identified as appropriate for use as affordable housing may be
304	offered for sale and the proceeds used to purchase land for the
305	development of affordable housing or donated to the Local
306	Government Housing Trust Fund, sold with a restriction that
307	requires any development on the property to include a specified
308	percentage of permanent affordable housing, or donated to a
309	nonprofit housing organization for the construction of permanent
310	affordable housing.
311	(2)  Upon completing an inventory list in compliance with
312	this section, the governing body of the municipality shall hold
313	at least two public hearings to discuss the inventory list and
314	the recommendation of the staff concerning which properties are
315	appropriate for use as affordable housing. The governing body
316	shall comply with s. 166.041(3)(c)2.a. regarding the
317	advertisement of the public hearings and shall hold the first
318	hearing no later than 30 days after completing the inventory
319	list. The governing body shall approve the inventory list
320	through the adoption of a resolution at the second hearing no
321	later than 6 months after completing the inventory list.
322	(3)  After the inventory list has been approved by
323	resolution, the governing body of the municipality shall
324	immediately make available any real property that has been
325	identified in the inventory list as appropriate for use as
326	affordable housing. The municipality shall make the surplus real
327	property available to:
328	(a)  A private developer if the purchase price paid by the
329	developer is not less than the appraised value of the property
330	based on its highest and best use and the real property is sold
331	with deed restrictions that require a specified percentage of
332	any project developed on the real property to provide affordable
333	housing for low-income and moderate-income persons, with a
334	minimum of 10 percent of the units in the project available for
335	low-income persons and another 10 percent of the units available
336	for moderate-income persons for a total minimum of 20 percent,
337	or, if providing rental housing or a combination of rental
338	housing and homeownership, an additional 5 percent of the units
339	available for very-low-income persons for a total minimum of 25
340	percent;
341	(b)  A private developer without any requirement that a
342	percentage of the units built on the real property be affordable
343	if the purchase price paid by the developer is not less than the
344	appraised value of the property based on its highest and best
345	use, in which case the municipality must use the funds received
346	from the developer to acquire real property on which affordable
347	housing will be built or donate the funds to the Local
348	Government Housing Trust Fund for the purpose of implementing
349	the programs described in ss. 420.907-420.9079; or
350	(c)  A nonprofit housing organization, such as a community
351	land trust, housing authority, or community land trust, housing
352	authority, or community redevelopment agency to be used for the
353	production and preservation of permanently affordable housing.
354	(4)  The deed restrictions required under paragraph (3)(a)
355	for an affordable housing unit must also prohibit the sale of
356	the unit at a price that exceeds the threshold for housing that
357	is affordable for low-income or moderate-income persons or to a
358	buyer who is not eligible due to his or her income under chapter
359	420. The deed restrictions may allow the affordable housing
360	units created under paragraph (3)(a) to be rented to very-low-
361	income, low-income, or moderate-income persons.
362	(5)  For purposes of this section, the terms "affordable,"
363	"low-income persons," "moderate-income persons," and "very-low-
364	income persons" have the same meaning as in s. 420.0004.
365	Section 5.  Subsection (6) is added to section 189.4155,
366	Florida Statutes, to read:
367	189.4155  Activities of special districts; local government
368	comprehensive planning.--
369	(6)  Any independent special district created pursuant to
370	special act or general law, including, but not limited to, this
371	chapter and chapters 190, 191, and 298, for the purpose of
372	providing urban infrastructure of services, is authorized to
373	provide housing and housing assistance for its employed
374	personnel.
375	Section 6.  Subsection (19) is added to section 191.006,
376	Florida Statutes, to read:
377	191.006  General powers.--The district shall have, and the
378	board may exercise by majority vote, the following powers:
379	(19)  To provide housing or housing assistance for its
380	employed personnel.
381	Section 7.  Subsection (5) is added to section 193.017,
382	Florida Statutes, to read:
383	193.017  Low-income housing tax credit.--Property used for
384	affordable housing which has received a low-income housing tax
385	credit from the Florida Housing Finance Corporation, as
386	authorized by s. 420.5099, shall be assessed under s. 193.011
387	and, consistent with s. 420.5099(5) and (6), pursuant to this
388	section.
389	(5)  If a cap rate is used to assess just valuation for the
390	property, the appraiser shall use a cap rate calculated annually
391	for affordable housing properties authorized by the Florida
392	Housing Finance Corporation and approved by the Department of
393	Revenue.
394	Section 8.  Section 196.1978, Florida Statutes, is amended
395	to read:
396	196.1978  Affordable housing property exemption.--
397	(1)  Property used to provide affordable housing serving
398	eligible persons as defined by s. 159.603(7) and persons meeting
399	income limits specified in s. 420.0004(10)(9), (11)(10), and
400	(15)(14), which property is owned entirely by a nonprofit entity
401	which is qualified as charitable under s. 501(c)(3) of the
402	Internal Revenue Code and which complies with Rev. Proc. 96-32,
403	1996-1 C.B. 717, shall be considered property owned by an exempt
404	entity and used for a charitable purpose, and those portions of
405	the affordable housing property which provide housing to
406	individuals with incomes as defined in s. 420.0004(10)(9) and
407	(15)(14) shall be exempt from ad valorem taxation to the extent
408	authorized in s. 196.196.
409	(2)  For the purposes of this section, ownership entirely
410	by a nonprofit entity is classified as ownership by either:
411	(a)  A corporation not for profit; or
412	(b)  A Florida limited partnership the sole general partner
413	of which is either a corporation not for profit or a Florida
414	limited liability company the sole member of which is a
415	corporation not for profit.
416	(3)  All property identified in this section shall comply
417	with the criteria for determination of exempt status to be
418	applied by property appraisers on an annual basis as defined in
419	s. 196.195. The Legislature intends that any property owned by a
420	limited liability company which is disregarded as an entity for
421	federal income tax purposes pursuant to Treasury Regulation
422	301.7701-3(b)(1)(ii) shall be treated as owned by its sole
423	member.
424	Section 9.  Section 196.1980, Florida Statutes, is created
425	to read:
426	196.1980  The Manny Diaz Affordable Housing Property Tax
427	Relief Initiative.--For the purpose of assessing just valuation
428	of affordable housing properties serving persons with income
429	limits defined as low, moderate, and very low, as specified in
430	s. 420.0004(10), (11), and (15), the actual rental income from
431	rent-restricted units in such a property shall be recognized by
432	the property appraiser for assessment purposes, and an income
433	approach shall be used for assessment of the rents for the
434	following properties:
435	(1)  Property that is funded by the United States
436	Department of Housing and Urban Development under s. 8 of the
437	United States Housing Act of 1937 that is used to provide
438	affordable housing serving eligible persons as defined by s.
439	159.603(7) and elderly and very-low-income persons as defined by
440	s. 420.0004(8) and (15) and that has undergone financial
441	restructuring as provided in s. 501, Title V, Subtitle A of the
442	Multifamily Assisted Housing Reform and Affordability Act of
443	1997;
444	(2)  Multifamily, farmworker, or elderly rental properties
445	that are funded by the Florida Housing Finance Corporation under
446	ss. 420.5087 and 420.5089 and the State Housing Initiatives
447	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
448	the Internal Revenue Code; the HOME Investment Partnership
449	Program under the Cranston-Gonzalez National Affordable Housing
450	Act, 42 U.S.C. s. 12741 et seq.; or the Federal Home Loan Banks
451	Affordable Housing Program established pursuant to the Financial
452	Institutions Reform, Recovery and Enforcement Act of 1989, Pub.
453	L. No. 101-73; or
454	(3)  Multifamily residential rental properties of 10 or
455	more units that are certified by the local housing agency as
456	having at least 95 percent of its units providing affordable
457	housing to low, moderate, and very-low-income persons as defined
458	by s. 420.0004(10), (11), and (15).
459	Section 10.  Effective July 1, 2007, subsections (9) and
460	(10) of section 201.15, Florida Statutes, as amended by section
461	1 of chapter 2005-92, Laws of Florida, are amended to read:
462	201.15  Distribution of taxes collected.--All taxes
463	collected under this chapter shall be distributed as follows and
464	shall be subject to the service charge imposed in s. 215.20(1),
465	except that such service charge shall not be levied against any
466	portion of taxes pledged to debt service on bonds to the extent
467	that the amount of the service charge is required to pay any
468	amounts relating to the bonds:
469	(9)  The lesser of Seven and fifty-three hundredths percent
470	of the remaining taxes collected under this chapter or $107
471	million in each fiscal year shall be paid into the State
472	Treasury to the credit of the State Housing Trust Fund and shall
473	be used as follows:
474	(a)  Half of that amount shall be used for the purposes for
475	which the State Housing Trust Fund was created and exists by
476	law.
477	(b)  Half of that amount shall be paid into the State
478	Treasury to the credit of the Local Government Housing Trust
479	Fund and shall be used for the purposes for which the Local
480	Government Housing Trust Fund was created and exists by law.
481	(10)  The lesser of Eight and sixty-six hundredths percent
482	of the remaining taxes collected under this chapter or $136
483	million in each fiscal year shall be paid into the State
484	Treasury to the credit of the State Housing Trust Fund and shall
485	be used as follows:
486	(a)  Twelve and one-half percent of that amount shall be
487	deposited into the State Housing Trust Fund and be expended by
488	the Department of Community Affairs and by the Florida Housing
489	Finance Corporation for the purposes for which the State Housing
490	Trust Fund was created and exists by law.
491	(b)  Eighty-seven and one-half percent of that amount shall
492	be distributed to the Local Government Housing Trust Fund and
493	shall be used for the purposes for which the Local Government
494	Housing Trust Fund was created and exists by law. Funds from
495	this category may also be used to provide for state and local
496	services to assist the homeless.
497	Section 11.  Paragraphs (o) and (q) of subsection (5) of
498	section 212.08, Florida Statutes, are amended to read:
499	212.08  Sales, rental, use, consumption, distribution, and
500	storage tax; specified exemptions.--The sale at retail, the
501	rental, the use, the consumption, the distribution, and the
502	storage to be used or consumed in this state of the following
503	are hereby specifically exempt from the tax imposed by this
504	chapter.
505	(5)  EXEMPTIONS; ACCOUNT OF USE.--
506	(o)  Building materials in redevelopment projects.--
507	1.  As used in this paragraph, the term:
508	a.  "Building materials" means tangible personal property
509	that becomes a component part of a housing project or a mixed-
510	use project.
511	b.  "Housing project" means the conversion of an existing
512	manufacturing or industrial building to housing units in an
513	urban high-crime area, enterprise zone, empowerment zone, Front
514	Porch Community, designated brownfield area, or urban infill
515	area and in which the developer agrees to set aside at least 20
516	percent of the housing units in the project for low-income and
517	moderate-income persons or the construction in a designated
518	brownfield area of affordable housing for persons described in
519	s. 420.0004(10)(9), (11)(10), or (15)(14), or in s. 159.603(7).
520	c.  "Mixed-use project" means the conversion of an existing
521	manufacturing or industrial building to mixed-use units that
522	include artists' studios, art and entertainment services, or
523	other compatible uses. A mixed-use project must be located in an
524	urban high-crime area, enterprise zone, empowerment zone, Front
525	Porch Community, designated brownfield area, or urban infill
526	area, and the developer must agree to set aside at least 20
527	percent of the square footage of the project for low-income and
528	moderate-income housing.
529	d.  "Substantially completed" has the same meaning as
530	provided in s. 192.042(1).
531	2.  Building materials used in the construction of a
532	housing project or mixed-use project are exempt from the tax
533	imposed by this chapter upon an affirmative showing to the
534	satisfaction of the department that the requirements of this
535	paragraph have been met. This exemption inures to the owner
536	through a refund of previously paid taxes. To receive this
537	refund, the owner must file an application under oath with the
538	department which includes:
539	a.  The name and address of the owner.
540	b.  The address and assessment roll parcel number of the
541	project for which a refund is sought.
542	c.  A copy of the building permit issued for the project.
543	d.  A certification by the local building code inspector
544	that the project is substantially completed.
545	e.  A sworn statement, under penalty of perjury, from the
546	general contractor licensed in this state with whom the owner
547	contracted to construct the project, which statement lists the
548	building materials used in the construction of the project and
549	the actual cost thereof, and the amount of sales tax paid on
550	these materials. If a general contractor was not used, the owner
551	shall provide this information in a sworn statement, under
552	penalty of perjury. Copies of invoices evidencing payment of
553	sales tax must be attached to the sworn statement.
554	3.  An application for a refund under this paragraph must
555	be submitted to the department within 6 months after the date
556	the project is deemed to be substantially completed by the local
557	building code inspector. Within 30 working days after receipt of
558	the application, the department shall determine if it meets the
559	requirements of this paragraph. A refund approved pursuant to
560	this paragraph shall be made within 30 days after formal
561	approval of the application by the department. The provisions of
562	s. 212.095 do not apply to any refund application made under
563	this paragraph.
564	4.  The department shall establish by rule an application
565	form and criteria for establishing eligibility for exemption
566	under this paragraph.
567	5.  The exemption shall apply to purchases of materials on
568	or after July 1, 2000.
569	(q)  Community contribution tax credit for donations.--
570	1.  Authorization.--Beginning July 1, 2001, Persons who are
571	registered with the department under s. 212.18 to collect or
572	remit sales or use tax and who make donations to eligible
573	sponsors are eligible for tax credits against their state sales
574	and use tax liabilities as provided in this paragraph:
575	a.  The credit shall be computed as 50 percent of the
576	person's approved annual community contribution.;
577	b.  The credit shall be granted as a refund against state
578	sales and use taxes reported on returns and remitted in the 12
579	months preceding the date of application to the department for
580	the credit as required in sub-subparagraph 3.c. If the annual
581	credit is not fully used through such refund because of
582	insufficient tax payments during the applicable 12-month period,
583	the unused amount may be included in an application for a refund
584	made pursuant to sub-subparagraph 3.c. in subsequent years
585	against the total tax payments made for such year. Carryover
586	credits may be applied for a 3-year period without regard to any
587	time limitation that would otherwise apply under s. 215.26.;
588	c.  A person may not receive more than $200,000 in annual
589	tax credits for all approved community contributions made in any
590	one year.;
591	d.  All proposals for the granting of the tax credit
592	require the prior approval of the Office of Tourism, Trade, and
593	Economic Development.;
594	e.  The total amount of tax credits which may be granted
595	for all programs approved under this paragraph, s. 220.183, and
596	s. 624.5105 is $10 $12 million annually for projects that
597	provide homeownership opportunities for low-income or very-low-
598	income households as defined in s. 420.9071(19) and (28) and $3
599	million annually for all other projects.; and
600	f.  A person who is eligible to receive the credit provided
601	for in this paragraph, s. 220.183, or s. 624.5105 may receive
602	the credit only under the one section of the person's choice.
603	2.  Eligibility requirements.--
604	a.  A community contribution by a person must be in the
605	following form:
606	(I)  Cash or other liquid assets;
607	(II)  Real property;
608	(III)  Goods or inventory; or
609	(IV)  Other physical resources as identified by the Office
610	of Tourism, Trade, and Economic Development.
611	b.  All community contributions must be reserved
612	exclusively for use in a project. As used in this sub-
613	subparagraph, the term "project" means any activity undertaken
614	by an eligible sponsor which is designed to construct, improve,
615	or substantially rehabilitate housing that is affordable to low-
616	income or very-low-income households as defined in s.
617	420.9071(19) and (28); designed to provide commercial,
618	industrial, or public resources and facilities; or designed to
619	improve entrepreneurial and job-development opportunities for
620	low-income persons. A project may be the investment necessary to
621	increase access to high-speed broadband capability in rural
622	communities with enterprise zones, including projects that
623	result in improvements to communications assets that are owned
624	by a business. A project may include the provision of museum
625	educational programs and materials that are directly related to
626	any project approved between January 1, 1996, and December 31,
627	1999, and located in an enterprise zone designated pursuant to
628	s. 290.0065. This paragraph does not preclude projects that
629	propose to construct or rehabilitate housing for low-income or
630	very-low-income households on scattered sites. With respect to
631	housing, contributions may be used to pay the following eligible
632	low-income and very-low-income housing-related activities:
633	(I)  Project development impact and management fees for
634	low-income or very-low-income housing projects;
635	(II)  Down payment and closing costs for eligible persons,
636	as defined in s. 420.9071(19) and (28);
637	(III)  Administrative costs, including housing counseling
638	and marketing fees, not to exceed 10 percent of the community
639	contribution, directly related to low-income or very-low-income
640	projects; and
641	(IV)  Removal of liens recorded against residential
642	property by municipal, county, or special district local
643	governments when satisfaction of the lien is a necessary
644	precedent to the transfer of the property to an eligible person,
645	as defined in s. 420.9071(19) and (28), for the purpose of
646	promoting home ownership. Contributions for lien removal must be
647	received from a nonrelated third party.
648	c.  The project must be undertaken by an "eligible
649	sponsor," which includes:
650	(I)  A community action program;
651	(II)  A nonprofit community-based development organization
652	whose mission is the provision of housing for low-income or
653	very-low-income households or increasing entrepreneurial and
654	job-development opportunities for low-income persons;
655	(III)  A neighborhood housing services corporation;
656	(IV)  A local housing authority created under chapter 421;
657	(V)  A community redevelopment agency created under s.
658	163.356;
659	(VI)  The Florida Industrial Development Corporation;
660	(VII)  A historic preservation district agency or
661	organization;
662	(VIII)  A regional workforce board;
663	(IX)  A direct-support organization as provided in s.
664	1009.983;
665	(X)  An enterprise zone development agency created under s.
666	290.0056;
667	(XI)  A community-based organization incorporated under
668	chapter 617 which is recognized as educational, charitable, or
669	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
670	and whose bylaws and articles of incorporation include
671	affordable housing, economic development, or community
672	development as the primary mission of the corporation;
673	(XII)  Units of local government;
674	(XIII)  Units of state government; or
675	(XIV)  Any other agency that the Office of Tourism, Trade,
676	and Economic Development designates by rule.
677
678	In no event may a contributing person have a financial interest
679	in the eligible sponsor.
680	d.  The project must be located in an area designated an
681	enterprise zone or a Front Porch Florida Community pursuant to
682	s. 20.18(6), unless the project increases access to high-speed
683	broadband capability for rural communities with enterprise zones
684	but is physically located outside the designated rural zone
685	boundaries. Any project designed to construct or rehabilitate
686	housing for low-income or very-low-income households as defined
687	in s. 420.0971(19) and (28) is exempt from the area requirement
688	of this sub-subparagraph.
689	e.(I)  For the first 6 months of the fiscal year, the
690	Office of Tourism, Trade, and Economic Development shall reserve
691	80 percent of the first $10 million in available annual tax
692	credits and 70 percent of any available annual tax credits in
693	excess of $10 million for donations made to eligible sponsors
694	for projects that provide homeownership opportunities for low-
695	income or very-low-income households as defined in s.
696	420.9071(19) and (28). If any such reserved annual tax credits
697	remain after the first 6 months of the fiscal year, the office
698	may approve the balance of these available credits for donations
699	made to eligible sponsors for projects other than those that
700	provide homeownership opportunities for low-income or very-low-
701	income households.
702	(II)  For the first 6 months of the fiscal year, the office
703	shall reserve 20 percent of the first $10 million in available
704	annual tax credits and 30 percent of any available annual tax
705	credits in excess of $10 million for donations made to eligible
706	sponsors for projects other than those that provide
707	homeownership opportunities for low-income or very-low-income
708	households as defined in s. 420.9071(19) and (28). If any
709	reserved annual tax credits remain after the first 6 months of
710	the fiscal year, the office may approve the balance of these
711	available credits for donations made to eligible sponsors for
712	projects that provide homeownership opportunities for low-income
713	or very-low-income households.
714	(I)(III)  If, during the first 10 business days of the
715	state fiscal year, eligible tax credit applications for projects
716	that provide homeownership opportunities for low-income or very-
717	low-income households as defined in s. 420.9071(19) and (28) are
718	received for less than the available annual tax credits
719	available for those projects reserved under sub-sub-subparagraph
720	(I), the office shall grant tax credits for those applications
721	and shall grant remaining tax credits on a first-come, first-
722	served basis for any subsequent eligible applications received
723	before the end of the first 6 months of the state fiscal year.
724	If, during the first 10 business days of the state fiscal year,
725	eligible tax credit applications for projects that provide
726	homeownership opportunities for low-income or very-low-income
727	households as defined in s. 420.9071(19) and (28) are received
728	for more than the available annual tax credits available for
729	those projects reserved under sub-sub-subparagraph (I), the
730	office shall grant the tax credits for those the applications as
731	follows:
732	(A)  If tax credit applications submitted for approved
733	projects of an eligible sponsor do not exceed $200,000 in total,
734	the credits shall be granted in full if the tax credit
735	applications are approved, subject to sub-sub-subparagraph (I).
736	(B)  If tax credit applications submitted for approved
737	projects of an eligible sponsor exceed $200,000 in total, the
738	amount of tax credits granted pursuant to sub-sub-sub-
739	subparagraph (A) shall be subtracted from the amount of
740	available tax credits under sub-sub-subparagraph (I), and the
741	remaining credits shall be granted to each approved tax credit
742	application on a pro rata basis.
743	(C)  If, after the first 6 months of the fiscal year,
744	additional credits become available under sub-sub-subparagraph
745	(II), the office shall grant the tax credits by first granting
746	to those who received a pro rata reduction up to the full amount
747	of their request and, if there are remaining credits, granting
748	credits to those who applied on or after the 11th business day
749	of the state fiscal year on a first-come, first-served basis.
750	(II)(IV)  If, during the first 10 business days of the
751	state fiscal year, eligible tax credit applications for projects
752	other than those that provide homeownership opportunities for
753	low-income or very-low-income households as defined in s.
754	420.9071(19) and (28) are received for less than the available
755	annual tax credits available for those projects reserved under
756	sub-sub-subparagraph (II), the office shall grant tax credits
757	for those applications and shall grant remaining tax credits on
758	a first-come, first-served basis for any subsequent eligible
759	applications received before the end of the first 6 months of
760	the state fiscal year. If, during the first 10 business days of
761	the state fiscal year, eligible tax credit applications for
762	projects other than those that provide homeownership
763	opportunities for low-income or very-low-income households as
764	defined in s. 420.9071(19) and (28) are received for more than
765	the available annual tax credits available for those projects
766	reserved under sub-sub-subparagraph (II), the office shall grant
767	the tax credits for those the applications on a pro rata basis.
768	If, after the first 6 months of the fiscal year, additional
769	credits become available under sub-sub-subparagraph (I), the
770	office shall grant the tax credits by first granting to those
771	who received a pro rata reduction up to the full amount of their
772	request and, if there are remaining credits, granting credits to
773	those who applied on or after the 11th business day of the state
774	fiscal year on a first-come, first-served basis.
775	3.  Application requirements.--
776	a.  Any eligible sponsor seeking to participate in this
777	program must submit a proposal to the Office of Tourism, Trade,
778	and Economic Development which sets forth the name of the
779	sponsor, a description of the project, and the area in which the
780	project is located, together with such supporting information as
781	is prescribed by rule. The proposal must also contain a
782	resolution from the local governmental unit in which the project
783	is located certifying that the project is consistent with local
784	plans and regulations.
785	b.  Any person seeking to participate in this program must
786	submit an application for tax credit to the office of Tourism,
787	Trade, and Economic Development which sets forth the name of the
788	sponsor, a description of the project, and the type, value, and
789	purpose of the contribution. The sponsor shall verify the terms
790	of the application and indicate its receipt of the contribution,
791	which verification must be in writing and accompany the
792	application for tax credit. The person must submit a separate
793	tax credit application to the office for each individual
794	contribution that it makes to each individual project.
795	c.  Any person who has received notification from the
796	office of Tourism, Trade, and Economic Development that a tax
797	credit has been approved must apply to the department to receive
798	the refund. Application must be made on the form prescribed for
799	claiming refunds of sales and use taxes and be accompanied by a
800	copy of the notification. A person may submit only one
801	application for refund to the department within any 12-month
802	period.
803	4.  Administration.--
804	a.  The Office of Tourism, Trade, and Economic Development
805	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
806	to administer this paragraph, including rules for the approval
807	or disapproval of proposals by a person.
808	b.  The decision of the office of Tourism, Trade, and
809	Economic Development must be in writing, and, if approved, the
810	notification shall state the maximum credit allowable to the
811	person. Upon approval, the office shall transmit a copy of the
812	decision to the Department of Revenue.
813	c.  The office of Tourism, Trade, and Economic Development
814	shall periodically monitor all projects in a manner consistent
815	with available resources to ensure that resources are used in
816	accordance with this paragraph; however, each project must be
817	reviewed at least once every 2 years.
818	d.  The office of Tourism, Trade, and Economic Development
819	shall, in consultation with the Department of Community Affairs,
820	the Florida Housing Finance Corporation, and the statewide and
821	regional housing and financial intermediaries, market the
822	availability of the community contribution tax credit program to
823	community-based organizations.
824	5.  Expiration.--This paragraph expires June 30, 2015;
825	however, any accrued credit carryover that is unused on that
826	date may be used until the expiration of the 3-year carryover
827	period for such credit.
828	Section 12.  Paragraph (c) of subsection (1) and paragraph
829	(b) of subsection (2) of section 220.183, Florida Statutes, are
830	amended to read:
831	220.183  Community contribution tax credit.--
832	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
833	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
834	SPENDING.--
835	(c)  The total amount of tax credit which may be granted
836	for all programs approved under this section, s. 212.08(5)(q),
837	and s. 624.5105 is $10 $12 million annually for projects that
838	provide homeownership opportunities for low-income or very-low-
839	income households as defined in s. 420.9071(19) and (28) and $3
840	million annually for all other projects.
841	(2)  ELIGIBILITY REQUIREMENTS.--
842	(b)1.  All community contributions must be reserved
843	exclusively for use in projects as defined in s. 220.03(1)(t).
844	2.  For the first 6 months of the fiscal year, the Office
845	of Tourism, Trade, and Economic Development shall reserve 80
846	percent of the first $10 million in available annual tax
847	credits, and 70 percent of any available annual tax credits in
848	excess of $10 million, for donations made to eligible sponsors
849	for projects that provide homeownership opportunities for low-
850	income or very-low-income households as defined in s.
851	420.9071(19) and (28). If any reserved annual tax credits remain
852	after the first 6 months of the fiscal year, the office may
853	approve the balance of these available credits for donations
854	made to eligible sponsors for projects other than those that
855	provide homeownership opportunities for low-income or very-low-
856	income households.
857	3.  For the first 6 months of the fiscal year, the office
858	shall reserve 20 percent of the first $10 million in available
859	annual tax credits, and 30 percent of any available annual tax
860	credits in excess of $10 million, for donations made to eligible
861	sponsors for projects other than those that provide
862	homeownership opportunities for low-income or very-low-income
863	households as defined in s. 420.9071(19) and (28). If any
864	reserved annual tax credits remain after the first 6 months of
865	the fiscal year, the office may approve the balance of these
866	available credits for donations made to eligible sponsors for
867	projects that provide homeownership opportunities for low-income
868	or very-low-income households.
869	2.4.  If, during the first 10 business days of the state
870	fiscal year, eligible tax credit applications for projects that
871	provide homeownership opportunities for low-income or very-low-
872	income households as defined in s. 420.9071(19) and (28) are
873	received for less than the available annual tax credits
874	available for those projects reserved under subparagraph 2., the
875	office shall grant tax credits for those applications and shall
876	grant remaining tax credits on a first-come, first-served basis
877	for any subsequent eligible applications received before the end
878	of the first 6 months of the state fiscal year. If, during the
879	first 10 business days of the state fiscal year, eligible tax
880	credit applications for projects that provide homeownership
881	opportunities for low-income or very-low-income households as
882	defined in s. 420.9071(19) and (28) are received for more than
883	the available annual tax credits available for those projects
884	reserved under subparagraph 2., the office shall grant the tax
885	credits for those such applications as follows:
886	a.  If tax credit applications submitted for approved
887	projects of an eligible sponsor do not exceed $200,000 in total,
888	the credit shall be granted in full if the tax credit
889	applications are approved, subject to the provisions of
890	subparagraph 2.
891	b.  If tax credit applications submitted for approved
892	projects of an eligible sponsor exceed $200,000 in total, the
893	amount of tax credits granted under sub-subparagraph a. shall be
894	subtracted from the amount of available tax credits under
895	subparagraph 2., and the remaining credits shall be granted to
896	each approved tax credit application on a pro rata basis.
897	c.  If, after the first 6 months of the fiscal year,
898	additional credits become available pursuant to subparagraph 3.,
899	the office shall grant the tax credits by first granting to
900	those who received a pro rata reduction up to the full amount of
901	their request and, if there are remaining credits, granting
902	credits to those who applied on or after the 11th business day
903	of the state fiscal year on a first-come, first-served basis.
904	3.5.  If, during the first 10 business days of the state
905	fiscal year, eligible tax credit applications for projects other
906	than those that provide homeownership opportunities for low-
907	income or very-low-income households as defined in s.
908	420.9071(19) and (28) are received for less than the available
909	annual tax credits available for those projects reserved under
910	subparagraph 3., the office shall grant tax credits for those
911	applications and shall grant remaining tax credits on a first-
912	come, first-served basis for any subsequent eligible
913	applications received before the end of the first 6 months of
914	the state fiscal year. If, during the first 10 business days of
915	the state fiscal year, eligible tax credit applications for
916	projects other than those that provide homeownership
917	opportunities for low-income or very-low-income households as
918	defined in s. 420.9071(19) and (28) are received for more than
919	the available annual tax credits available for those projects
920	reserved under subparagraph 3., the office shall grant the tax
921	credits for those such applications on a pro rata basis. If,
922	after the first 6 months of the fiscal year, additional credits
923	become available under subparagraph 2., the office shall grant
924	the tax credits by first granting to those who received a pro
925	rata reduction up to the full amount of their request and, if
926	there are remaining credits, granting credits to those who
927	applied on or after the 11th business day of the state fiscal
928	year on a first-come, first-served basis.
929	Section 13.  Paragraph (f) of subsection (6) of section
930	253.034, Florida Statutes, is amended to read:
931	253.034  State-owned lands; uses.--
932	(6)  The Board of Trustees of the Internal Improvement
933	Trust Fund shall determine which lands, the title to which is
934	vested in the board, may be surplused. For conservation lands,
935	the board shall make a determination that the lands are no
936	longer needed for conservation purposes and may dispose of them
937	by an affirmative vote of at least three members. In the case of
938	a land exchange involving the disposition of conservation lands,
939	the board must determine by an affirmative vote of at least
940	three members that the exchange will result in a net positive
941	conservation benefit. For all other lands, the board shall make
942	a determination that the lands are no longer needed and may
943	dispose of them by an affirmative vote of at least three
944	members.
945	(f)1.  In reviewing lands owned by the board, the council
946	shall consider whether such lands would be more appropriately
947	owned or managed by the county or other unit of local government
948	in which the land is located. A local government may request
949	that state lands be specifically declared surplus lands for the
950	purpose of providing affordable housing. The council shall
951	recommend to the board whether a sale, lease, or other
952	conveyance to a local government would be in the best interests
953	of the state and local government. The provisions of this
954	paragraph in no way limit the provisions of ss. 253.111 and
955	253.115. Such lands shall be offered to the state, county, or
956	local government for a period of 30 days. Permittable uses for
957	such surplus lands may include public schools; public libraries;
958	fire or law enforcement substations; and governmental, judicial,
959	or recreational centers; and affordable housing. County or local
960	government requests for surplus lands shall be expedited
961	throughout the surplusing process. Surplus lands that are
962	conveyed to a local government for affordable housing shall be
963	disposed of under the provisions of s. 125.379 or s. 166.0451.
964	If the county or local government does not elect to purchase
965	such lands in accordance with s. 253.111, then any surplusing
966	determination involving other governmental agencies shall be
967	made upon the board deciding the best public use of the lands.
968	Surplus properties in which governmental agencies have expressed
969	no interest shall then be available for sale on the private
970	market.
971	2.  Notwithstanding subparagraph 1., any surplus lands that
972	were acquired by the state prior to 1958 by a gift or other
973	conveyance for no consideration from a municipality, and which
974	the department has filed by July 1, 2006, a notice of its intent
975	to surplus, shall be first offered for reconveyance to such
976	municipality at no cost, but for the fair market value of any
977	building or other improvements to the land, unless otherwise
978	provided in a deed restriction of record. This subparagraph
979	expires July 1, 2006.
980	Section 14.  Section 295.16, Florida Statutes, is amended
981	to read:
982	295.16  Disabled veterans exempt from certain license or
983	permit fee.--No totally and permanently disabled veteran who is
984	a resident of Florida and honorably discharged from the Armed
985	Forces, who has been issued a valid identification card by the
986	Department of Veterans' Affairs in accordance with s. 295.17 or
987	has been determined by the United States Department of Veterans
988	Affairs or its predecessor to have a service-connected 100-
989	percent disability rating for compensation, or who has been
990	determined to have a service-connected disability rating of 100
991	percent and is in receipt of disability retirement pay from any
992	branch of the uniformed armed services, shall be required to pay
993	any license or permit fee, by whatever name known, to any county
994	or municipality in order to make improvements upon a dwelling
995	mobile home owned by the veteran which is used as the veteran's
996	residence, provided such improvements are limited to ramps,
997	widening of doors, and similar improvements for the purpose of
998	making the dwelling mobile home habitable for veterans confined
999	to wheelchairs.
1000	Section 15.  Paragraphs (b) and (e) of subsection (19) of
1001	section 380.06, Florida Statutes, are amended to read:
1002	380.06  Developments of regional impact.--
1003	(19)  SUBSTANTIAL DEVIATIONS.--
1004	(b)  Any proposed change to a previously approved
1005	development of regional impact or development order condition
1006	which, either individually or cumulatively with other changes,
1007	exceeds any of the following criteria shall constitute a
1008	substantial deviation and shall cause the development to be
1009	subject to further development-of-regional-impact review without
1010	the necessity for a finding of same by the local government:
1011	1.  An increase in the number of parking spaces at an
1012	attraction or recreational facility by 5 percent or 300 spaces,
1013	whichever is greater, or an increase in the number of spectators
1014	that may be accommodated at such a facility by 5 percent or
1015	1,000 spectators, whichever is greater.
1016	2.  A new runway, a new terminal facility, a 25-percent
1017	lengthening of an existing runway, or a 25-percent increase in
1018	the number of gates of an existing terminal, but only if the
1019	increase adds at least three additional gates.
1020	3.  An increase in the number of hospital beds by 5 percent
1021	or 60 beds, whichever is greater.
1022	4.  An increase in industrial development area by 5 percent
1023	or 32 acres, whichever is greater.
1024	5.  An increase in the average annual acreage mined by 5
1025	percent or 10 acres, whichever is greater, or an increase in the
1026	average daily water consumption by a mining operation by 5
1027	percent or 300,000 gallons, whichever is greater. An increase in
1028	the size of the mine by 5 percent or 750 acres, whichever is
1029	less. An increase in the size of a heavy mineral mine as defined
1030	in s. 378.403(7) will only constitute a substantial deviation if
1031	the average annual acreage mined is more than 500 acres and
1032	consumes more than 3 million gallons of water per day.
1033	6.  An increase in land area for office development by 5
1034	percent or an increase of gross floor area of office development
1035	by 5 percent or 60,000 gross square feet, whichever is greater.
1036	7.  An increase in the storage capacity for chemical or
1037	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1038	million pounds, whichever is greater.
1039	8.  An increase of development at a waterport of wet
1040	storage for 20 watercraft, dry storage for 30 watercraft, or
1041	wet/dry storage for 60 watercraft in an area identified in the
1042	state marina siting plan as an appropriate site for additional
1043	waterport development or a 5-percent increase in watercraft
1044	storage capacity, whichever is greater.
1045	9.  An increase in the number of dwelling units by 5
1046	percent or 50 dwelling units, whichever is greater.
1047	10.  An increase in the number of dwelling units by 15
1048	percent or 100 units, whichever is greater, provided that 20
1049	percent of the increase in the number of dwelling units is
1050	dedicated to the construction of workforce housing. For purposes
1051	of this subparagraph, the term "workforce housing" means housing
1052	that is affordable to a person who earns less than 120 percent
1053	of the area median income.
1054	11.10.  An increase in commercial development by 50,000
1055	square feet of gross floor area or of parking spaces provided
1056	for customers for 300 cars or a 5-percent increase of either of
1057	these, whichever is greater.
1058	12.11.  An increase in hotel or motel facility units by 5
1059	percent or 75 units, whichever is greater.
1060	13.12.  An increase in a recreational vehicle park area by
1061	5 percent or 100 vehicle spaces, whichever is less.
1062	14.13.  A decrease in the area set aside for open space of
1063	5 percent or 20 acres, whichever is less.
1064	15.14.  A proposed increase to an approved multiuse
1065	development of regional impact where the sum of the increases of
1066	each land use as a percentage of the applicable substantial
1067	deviation criteria is equal to or exceeds 100 percent. The
1068	percentage of any decrease in the amount of open space shall be
1069	treated as an increase for purposes of determining when 100
1070	percent has been reached or exceeded.
1071	16.15.  A 15-percent increase in the number of external
1072	vehicle trips generated by the development above that which was
1073	projected during the original development-of-regional-impact
1074	review.
1075	17.16.  Any change which would result in development of any
1076	area which was specifically set aside in the application for
1077	development approval or in the development order for
1078	preservation or special protection of endangered or threatened
1079	plants or animals designated as endangered, threatened, or
1080	species of special concern and their habitat, primary dunes, or
1081	archaeological and historical sites designated as significant by
1082	the Division of Historical Resources of the Department of State.
1083	The further refinement of such areas by survey shall be
1084	considered under sub-subparagraph (e)5.b.
1085
1086	The substantial deviation numerical standards in subparagraphs
1087	4., 6., 10., 11., and 15. 14., excluding residential uses, and
1088	15., are increased by 100 percent for a project certified under
1089	s. 403.973 which creates jobs and meets criteria established by
1090	the Office of Tourism, Trade, and Economic Development as to its
1091	impact on an area's economy, employment, and prevailing wage and
1092	skill levels. The substantial deviation numerical standards in
1093	subparagraphs 4., 6., 9., 10., 11., 12., and 15. 14. are
1094	increased by 50 percent for a project located wholly within an
1095	urban infill and redevelopment area designated on the applicable
1096	adopted local comprehensive plan future land use map and not
1097	located within the coastal high hazard area.
1098	(e)1.  Except for a development order rendered pursuant to
1099	subsection (22) or subsection (25), a proposed change to a
1100	development order that individually or cumulatively with any
1101	previous change is less than any numerical criterion contained
1102	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
1103	other criterion, or that involves an extension of the buildout
1104	date of a development, or any phase thereof, of less than 5
1105	years is not subject to the public hearing requirements of
1106	subparagraph (f)3., and is not subject to a determination
1107	pursuant to subparagraph (f)5. Notice of the proposed change
1108	shall be made to the regional planning council and the state
1109	land planning agency. Such notice shall include a description of
1110	previous individual changes made to the development, including
1111	changes previously approved by the local government, and shall
1112	include appropriate amendments to the development order.
1113	2.  The following changes, individually or cumulatively
1114	with any previous changes, are not substantial deviations:
1115	a.  Changes in the name of the project, developer, owner,
1116	or monitoring official.
1117	b.  Changes to a setback that do not affect noise buffers,
1118	environmental protection or mitigation areas, or archaeological
1119	or historical resources.
1120	c.  Changes to minimum lot sizes.
1121	d.  Changes in the configuration of internal roads that do
1122	not affect external access points.
1123	e.  Changes to the building design or orientation that stay
1124	approximately within the approved area designated for such
1125	building and parking lot, and which do not affect historical
1126	buildings designated as significant by the Division of
1127	Historical Resources of the Department of State.
1128	f.  Changes to increase the acreage in the development,
1129	provided that no development is proposed on the acreage to be
1130	added.
1131	g.  Changes to eliminate an approved land use, provided
1132	that there are no additional regional impacts.
1133	h.  Changes required to conform to permits approved by any
1134	federal, state, or regional permitting agency, provided that
1135	these changes do not create additional regional impacts.
1136	i.  Any renovation or redevelopment of development within a
1137	previously approved development of regional impact which does
1138	not change land use or increase density or intensity of use.
1139	j.  Any other change which the state land planning agency
1140	agrees in writing is similar in nature, impact, or character to
1141	the changes enumerated in sub-subparagraphs a.-i. and which does
1142	not create the likelihood of any additional regional impact.
1143
1144	This subsection does not require a development order amendment
1145	for any change listed in sub-subparagraphs a.-j. unless such
1146	issue is addressed either in the existing development order or
1147	in the application for development approval, but, in the case of
1148	the application, only if, and in the manner in which, the
1149	application is incorporated in the development order.
1150	3.  Except for the change authorized by sub-subparagraph
1151	2.f., any addition of land not previously reviewed or any change
1152	not specified in paragraph (b) or paragraph (c) shall be
1153	presumed to create a substantial deviation. This presumption may
1154	be rebutted by clear and convincing evidence.
1155	4.  Any submittal of a proposed change to a previously
1156	approved development shall include a description of individual
1157	changes previously made to the development, including changes
1158	previously approved by the local government. The local
1159	government shall consider the previous and current proposed
1160	changes in deciding whether such changes cumulatively constitute
1161	a substantial deviation requiring further development-of-
1162	regional-impact review.
1163	5.  The following changes to an approved development of
1164	regional impact shall be presumed to create a substantial
1165	deviation. Such presumption may be rebutted by clear and
1166	convincing evidence.
1167	a.  A change proposed for 15 percent or more of the acreage
1168	to a land use not previously approved in the development order.
1169	Changes of less than 15 percent shall be presumed not to create
1170	a substantial deviation.
1171	b.  Except for the types of uses listed in subparagraph
1172	(b)17. (b)16., any change which would result in the development
1173	of any area which was specifically set aside in the application
1174	for development approval or in the development order for
1175	preservation, buffers, or special protection, including habitat
1176	for plant and animal species, archaeological and historical
1177	sites, dunes, and other special areas.
1178	c.  Notwithstanding any provision of paragraph (b) to the
1179	contrary, a proposed change consisting of simultaneous increases
1180	and decreases of at least two of the uses within an authorized
1181	multiuse development of regional impact which was originally
1182	approved with three or more uses specified in s. 380.0651(3)(c),
1183	(d), (f), and (g) and residential use.
1184	Section 16.  Paragraph (k) of subsection (3) of section
1185	380.0651, Florida Statutes, is redesignated as paragraph (l),
1186	and a new paragraph (k) is added to that subsection to read:
1187	380.0651  Statewide guidelines and standards.--
1188	(3)  The following statewide guidelines and standards shall
1189	be applied in the manner described in s. 380.06(2) to determine
1190	whether the following developments shall be required to undergo
1191	development-of-regional-impact review:
1192	(k)  Workforce housing.--The applicable guidelines for
1193	residential development and the residential component for
1194	multiuse development shall be increased by 20 percent where the
1195	developer demonstrates that at least 15 percent of the
1196	residential dwelling units will be dedicated to workforce
1197	housing. For purposes of this subparagraph, the term "workforce
1198	housing" means housing that is affordable to a person who earns
1199	less than 120 percent of the area median income.
1200	Section 17.  Section 420.0004, Florida Statutes, is amended
1201	to read:
1202	420.0004  Definitions.--As used in this part, unless the
1203	context otherwise indicates:
1204	(1)  "Adjusted for family size" means adjusted in a manner
1205	which results in an income eligibility level which is lower for
1206	households with fewer than four people, or higher for households
1207	with more than four people, than the base income eligibility
1208	determined as provided in subsection (10) (9), subsection (11)
1209	(10), or subsection (15) (14), based upon a formula as
1210	established by the United States Department of Housing and Urban
1211	Development.
1212	(2)  "Adjusted gross income" means all wages, assets,
1213	regular cash or noncash contributions or gifts from persons
1214	outside the household, and such other resources and benefits as
1215	may be determined to be income by the United States Department
1216	of Housing and Urban Development, adjusted for family size, less
1217	deductions allowable under s. 62 of the Internal Revenue Code.
1218	(3)  "Affordable" means that monthly rents or monthly
1219	mortgage payments including taxes, insurance, and utilities do
1220	not exceed 30 percent of that amount which represents the
1221	percentage of the median adjusted gross annual income for the
1222	households as indicated in subsection (10) (9), subsection (11)
1223	(10), or subsection (15) (14).
1224	(4)  "Corporation" means the Florida Housing Finance
1225	Corporation.
1226	(5)  "Community-based organization" or "nonprofit
1227	organization" means a private corporation organized under
1228	chapter 617 to assist in the provision of housing and related
1229	services on a not-for-profit basis and which is acceptable to
1230	federal and state agencies and financial institutions as a
1231	sponsor of low-income housing.
1232	(6)  "Department" means the Department of Community
1233	Affairs.
1234	(7)  "Elderly" describes persons 62 years of age or older.
1235	(8)  "Extremely low income persons" means one or more
1236	natural persons or a family whose total annual household income
1237	does not exceed 30 percent of the median annual adjusted gross
1238	income for households within the state. The Florida Housing
1239	Finance Corporation may adjust this amount annually by rule to
1240	provide that in lower income counties extremely low income may
1241	exceed 30 percent of area median income and that in higher
1242	income counties extremely low income may be less than 30 percent
1243	of area median income.
1244	(9)(8)  "Local public body" means any county, municipality,
1245	or other political subdivision, or any housing authority as
1246	provided by chapter 421, which is eligible to sponsor or develop
1247	housing for farmworkers and very-low-income and low-income
1248	persons within its jurisdiction.
1249	(10)(9)  "Low-income persons" means one or more natural
1250	persons or a family, the total annual adjusted gross household
1251	income of which does not exceed 80 percent of the median annual
1252	adjusted gross income for households within the state, or 80
1253	percent of the median annual adjusted gross income for
1254	households within the metropolitan statistical area (MSA) or, if
1255	not within an MSA, within the county in which the person or
1256	family resides, whichever is greater.
1257	(11)(10)  "Moderate-income persons" means one or more
1258	natural persons or a family, the total annual adjusted gross
1259	household income of which is less than 120 percent of the median
1260	annual adjusted gross income for households within the state, or
1261	120 percent of the median annual adjusted gross income for
1262	households within the metropolitan statistical area (MSA) or, if
1263	not within an MSA, within the county in which the person or
1264	family resides, whichever is greater.
1265	(12)(11)  "Student" means any person not living with his or
1266	her parent or guardian who is eligible to be claimed by his or
1267	her parent or guardian as a dependent under the federal income
1268	tax code and who is enrolled on at least a half-time basis in a
1269	secondary school, career center, community college, college, or
1270	university.
1271	(13)(12)  "Substandard" means:
1272	(a)  Any unit lacking complete plumbing or sanitary
1273	facilities for the exclusive use of the occupants;
1274	(b)  A unit which is in violation of one or more major
1275	sections of an applicable housing code and where such violation
1276	poses a serious threat to the health of the occupant; or
1277	(c)  A unit that has been declared unfit for human
1278	habitation but that could be rehabilitated for less than 50
1279	percent of the property value.
1280	(14)(13)  "Substantial rehabilitation" means repair or
1281	restoration of a dwelling unit where the value of such repair or
1282	restoration exceeds 40 percent of the value of the dwelling.
1283	(15)(14)  "Very-low-income persons" means one or more
1284	natural persons or a family, not including students, the total
1285	annual adjusted gross household income of which does not exceed
1286	50 percent of the median annual adjusted gross income for
1287	households within the state, or 50 percent of the median annual
1288	adjusted gross income for households within the metropolitan
1289	statistical area (MSA) or, if not within an MSA, within the
1290	county in which the person or family resides, whichever is
1291	greater.
1292	Section 18.  Section 420.37, Florida Statutes, is repealed.
1293	Section 19.  Subsection (18) of section 420.503, Florida
1294	Statutes, is amended to read:
1295	420.503  Definitions.--As used in this part, the term:
1296	(18)(a)  "Farmworker" means a laborer who is employed on a
1297	seasonal, temporary, or permanent basis in the planting,
1298	cultivating, harvesting, or processing of agricultural or
1299	aquacultural products and who derived at least 50 percent of her
1300	or his income in the immediately preceding 12 months from such
1301	employment.
1302	(b)  "Farmworker" also includes a person who has retired as
1303	a laborer due to age, disability, or illness. In order to be
1304	considered retired as a farmworker due to age under this part, a
1305	person must be 50 years of age or older and must have been
1306	employed for a minimum of 5 years as a farmworker before
1307	retirement. In order to be considered retired as a farmworker
1308	due to disability or illness, a person must:
1309	1.(a)  Establish medically that she or he is unable to be
1310	employed as a farmworker due to that disability or illness.
1311	2.(b)  Establish that she or he was previously employed as
1312	a farmworker.
1313	(c)  Notwithstanding paragraphs (a) and (b), when
1314	corporation-administered funds are used in conjunction with
1315	United States Department of Agriculture Rural Development funds,
1316	the term "farmworker" may mean a laborer who meets, at a
1317	minimum, the definition of "domestic farm laborer" as found in 7
1318	C.F.R. s. 3560.11, as amended. The corporation may establish
1319	additional criteria by rule.
1320	Section 20.  Section 420.5061, Florida Statutes, is amended
1321	to read:
1322	420.5061  Transfer of agency assets and
1323	liabilities.--Effective January 1, 1998, all assets and
1324	liabilities and rights and obligations, including any
1325	outstanding contractual obligations, of the agency shall be
1326	transferred to the corporation as legal successor in all
1327	respects to the agency. The corporation shall thereupon become
1328	obligated to the same extent as the agency under any existing
1329	agreements and be entitled to any rights and remedies previously
1330	afforded the agency by law or contract, including specifically
1331	the rights of the agency under chapter 201 and part VI of
1332	chapter 159. The corporation is a state agency for purposes of
1333	s. 159.807(4)(a). Effective January 1, 1998, all references
1334	under Florida law to the agency are deemed to mean the
1335	corporation. The corporation shall transfer to the General
1336	Revenue Fund an amount which otherwise would have been deducted
1337	as a service charge pursuant to s. 215.20(1) if the Florida
1338	Housing Finance Corporation Fund established by s. 420.508(5),
1339	the State Apartment Incentive Loan Fund established by s.
1340	420.5087(7), the Florida Homeownership Assistance Fund
1341	established by s. 420.5088(4)(5), the HOME Investment
1342	Partnership Fund established by s. 420.5089(1), and the Housing
1343	Predevelopment Loan Fund established by s. 420.525(1) were each
1344	trust funds. For purposes of s. 112.313, the corporation is
1345	deemed to be a continuation of the agency, and the provisions
1346	thereof are deemed to apply as if the same entity remained in
1347	place. Any employees of the agency and agency board members
1348	covered by s. 112.313(9)(a)6. shall continue to be entitled to
1349	the exemption in that subparagraph, notwithstanding being hired
1350	by the corporation or appointed as board members of the
1351	corporation. Effective January 1, 1998, all state property in
1352	use by the agency shall be transferred to and become the
1353	property of the corporation.
1354	Section 21.  Subsections (22), (23), and (40) of section
1355	420.507, Florida Statutes, are amended, and subsections (44),
1356	(45), and (46) are added to that section, to read:
1357	420.507  Powers of the corporation.--The corporation shall
1358	have all the powers necessary or convenient to carry out and
1359	effectuate the purposes and provisions of this part, including
1360	the following powers which are in addition to all other powers
1361	granted by other provisions of this part:
1362	(22)  To develop and administer the State Apartment
1363	Incentive Loan Program. In developing and administering that
1364	program, the corporation may:
1365	(a)  Make first, second, and other subordinated mortgage
1366	loans including variable or fixed rate loans subject to
1367	contingent interest for all State Apartment Incentive Loans
1368	provided for in this chapter based upon available cash flow of
1369	the projects. The corporation shall make loans exceeding 25
1370	percent of project cost available only to nonprofit
1371	organizations and public bodies which are able to secure grants,
1372	donations of land, or contributions from other sources and to
1373	projects meeting the criteria of subparagraph 1. Mortgage loans
1374	shall be made available at the following rates of interest:
1375	1.  Zero to 3 percent interest for sponsors of projects
1376	that set aside at least maintain an 80 percent occupancy of
1377	their total units for residents qualifying as farmworkers as
1378	defined in this part s. 420.503(18), or commercial fishing
1379	workers as defined in this part s. 420.503(5), or the homeless
1380	as defined in s. 420.621(4) over the life of the loan.
1381	2.  The board may set the interest rate based on the pro
1382	rata share of units set aside for homeless residents if the
1383	total of such units is less than 80 percent of the units in the
1384	borrower's project.
1385	3.  One Three to 9 percent interest for sponsors of
1386	projects targeted at populations other than farmworkers,
1387	commercial fishing workers, and the homeless.
1388	(b)  The corporation may make loans exceeding 25 percent of
1389	project cost when the project serves extremely low income
1390	families.
1391	(c)  The corporation may forgive indebtedness for a pro
1392	rata share of the loan based on the number of units in a project
1393	reserved for extremely low income families.
1394	(d)(b)  Geographically and demographically target the
1395	utilization of loans.
1396	(e)(c)  Underwrite credit, and reject projects which do not
1397	meet the established standards of the corporation.
1398	(f)(d)  Negotiate with governing bodies within the state
1399	after a loan has been awarded to obtain local government
1400	contributions.
1401	(g)(e)  Inspect any records of a sponsor at any time during
1402	the life of the loan or the agreed period for maintaining the
1403	provisions of s. 420.5087.
1404	(h)(f)  Establish, by rule, the procedure for evaluating,
1405	scoring, and competitively ranking all applications based on the
1406	criteria set forth in s. 420.5087(6)(c); determining actual loan
1407	amounts; making and servicing loans; and exercising the powers
1408	authorized in this subsection.
1409	(i)(g)  Establish a loan loss insurance reserve to be used
1410	to protect the outstanding program investment in case of a
1411	default, deed in lieu of foreclosure, or foreclosure of a
1412	program loan.
1413	(23)  To develop and administer the Florida Homeownership
1414	Assistance Program. In developing and administering the program,
1415	the corporation may:
1416	(a)1.  Make subordinated loans to eligible borrowers for
1417	down payments or closing costs related to the purchase of the
1418	borrower's primary residence.
1419	2.  Make permanent loans to eligible borrowers related to
1420	the purchase of the borrower's primary residence.
1421	3.  Make subordinated loans to nonprofit sponsors or
1422	developers of housing for purchase of property, for
1423	construction, or for financing of housing to be offered for sale
1424	to eligible borrowers as a primary residence at an affordable
1425	price.
1426	(b)  Establish a loan loss insurance reserve to supplement
1427	existing sources of mortgage insurance with appropriated funds.
1428	(c)  Geographically and demographically target the
1429	utilization of loans.
1430	(d)  Defer repayment of loans for the term of the first
1431	mortgage.
1432	(e)  Establish flexible terms for loans with an interest
1433	rate not to exceed 3 percent per annum and which are
1434	nonamortizing for the term of the first mortgage.
1435	(f)  Require repayment of loans upon sale, transfer,
1436	refinancing, or rental of secured property.
1437	(g)  Accelerate a loan for monetary default, for failure to
1438	provide the benefits of the loans to eligible borrowers, or for
1439	violation of any other restriction placed upon the loan.
1440	(h)  Adopt rules for the program and exercise the powers
1441	authorized in this subsection.
1442	(40)  To establish subsidiary business entities
1443	corporations for the purpose of taking title to and managing and
1444	disposing of property acquired by the corporation. Such
1445	subsidiary business entities corporations shall be public
1446	business entities corporations wholly owned by the corporation;
1447	shall be entitled to own, mortgage, and sell property on the
1448	same basis as the corporation; and shall be deemed business
1449	entities corporations primarily acting as an agent agents of the
1450	state, within the meaning of s. 768.28, on the same basis as the
1451	corporation. Any subsidiary business entity created by the
1452	corporation shall be subject to chapters 119, 120, and 286 to
1453	the same extent as the corporation. The subsidiary business
1454	entities shall have authority to make rules necessary to conduct
1455	business and to carry out the purposes of this subsection.
1456	(44)  To adopt rules whereby the corporation may intervene,
1457	negotiate terms, or undertake other actions which the
1458	corporation deems necessary to further program goals or avoid
1459	default of a program loan. Such rules must consider fiscal
1460	program goals and the preservation or advancement of affordable
1461	housing for the state.
1462	(45)  To establish by rule requirements for periodic
1463	reporting of data, including, but not limited to, financial
1464	data, housing market data, detailed economic and physical
1465	occupancy on multifamily projects, and demographic data on all
1466	housing financed through corporation programs.
1467	(46)  In order to administer funds appropriated for
1468	disaster recovery and reconstruction following a declaration of
1469	emergency pursuant to s. 252.36, to create programs to repair,
1470	rehabilitate, and construct multifamily and single family
1471	dwellings. To administer this subsection, the corporation may
1472	adopt emergency rules pursuant to s. 120.54. The Legislature
1473	finds that emergency rules adopted pursuant to this subsection
1474	meet the health, safety, and welfare requirement of s.
1475	120.54(4). The Legislature finds that such emergency rulemaking
1476	power is necessary for the preservation of the rights and
1477	welfare of the people in order to provide additional funds to
1478	assist those areas of the state that sustain housing damage due
1479	to the occurrence of a disaster, as defined in s. 252.34(1).
1480	Emergency rules adopted under this subsection are exempt from s.
1481	120.54(4)(a) and (c).
1482	Section 22.  Subsections (1), (3), (5), and (6) of section
1483	420.5087, Florida Statutes, are amended to read:
1484	420.5087  State Apartment Incentive Loan Program.--There is
1485	hereby created the State Apartment Incentive Loan Program for
1486	the purpose of providing first, second, or other subordinated
1487	mortgage loans or loan guarantees to sponsors, including for-
1488	profit, nonprofit, and public entities, to provide housing
1489	affordable to very-low-income persons.
1490	(1)  Program funds shall be distributed over successive 3-
1491	year periods in a manner that meets the need and demand for
1492	very-low-income housing throughout the state. That need and
1493	demand must be determined by using the most recent statewide
1494	low-income rental housing market studies available at the
1495	beginning of each 3-year period. However, at least 10 percent of
1496	the program funds distributed during a 3-year period must be
1497	allocated to each of the following categories of counties, as
1498	determined by using the population statistics published in the
1499	most recent edition of the Florida Statistical Abstract:
1500	(a)  Counties that have a population of 825,000 or more.
1501	more than 500,000 people;
1502	(b)  Counties that have a population of more than between
1503	100,000 but less than 825,000. and 500,000 people; and
1504	(c)  Counties that have a population of 100,000 or less.
1505
1506	Any increase in funding required to reach the 10-percent minimum
1507	shall be taken from the county category that has the largest
1508	allocation. The corporation shall adopt rules which establish an
1509	equitable process for distributing any portion of the 10 percent
1510	of program funds allocated to the county categories specified in
1511	this subsection which remains unallocated at the end of a 3-year
1512	period. Counties that have a population of 100,000 or less shall
1513	be given preference under these rules.
1514	(3)  During the first 6 months of loan or loan guarantee
1515	availability, program funds shall be reserved for use by
1516	sponsors who provide the housing set-aside required in
1517	subsection (2) for the tenant groups designated in this
1518	subsection. The reservation of funds to each of these groups
1519	shall be determined using the most recent statewide very-low-
1520	income rental housing market study available at the time of
1521	publication of each notice of fund availability required by
1522	paragraph (6)(b). The reservation of funds within each notice of
1523	fund availability to the tenant groups in paragraphs (a), (b),
1524	and (d) may not be less than 10 percent of the funds available
1525	at that time. Any increase in funding required to reach the 10-
1526	percent minimum shall be taken from the tenant group that has
1527	the largest reservation. The reservation of funds within each
1528	notice of fund availability to the tenant group in paragraph (c)
1529	may not be less than 5 percent of the funds available at that
1530	time. The tenant groups are:
1531	(a)  Commercial fishing workers and farmworkers;
1532	(b)  Families;
1533	(c)  Persons who are homeless; and
1534	(d)  Elderly persons. Ten percent of the amount reserved
1535	for the elderly shall be reserved to provide loans to sponsors
1536	of housing for the elderly for the purpose of making building
1537	preservation, health, or sanitation repairs or improvements
1538	which are required by federal, state, or local regulation or
1539	code, or lifesafety or security-related repairs or improvements
1540	to such housing. Such a loan may not exceed $750,000 per housing
1541	community for the elderly. In order to receive the loan, the
1542	sponsor of the housing community must make a commitment to match
1543	at least 5 15 percent of the loan amount to pay the cost of such
1544	repair or improvement. The corporation shall establish the rate
1545	of interest on the loan, which may not exceed 3 percent, and the
1546	term of the loan, which may not exceed 15 years; however, if the
1547	lien of the corporation's encumbrance is subordinate to the lien
1548	of another mortgagee, then the term may be made coterminous with
1549	the longest term of the superior lien. The term of the loan
1550	shall be established on the basis of a credit analysis of the
1551	applicant. The corporation shall establish, by rule, the
1552	procedure and criteria for receiving, evaluating, and
1553	competitively ranking all applications for loans under this
1554	paragraph. A loan application must include evidence of the first
1555	mortgagee's having reviewed and approved the sponsor's intent to
1556	apply for a loan. A nonprofit organization or sponsor may not
1557	use the proceeds of the loan to pay for administrative costs,
1558	routine maintenance, or new construction.
1559	(5)  The amount of the mortgage provided under this program
1560	combined with any other mortgage in a superior position shall be
1561	less than the value of the project without the housing set-aside
1562	required by subsection (2). However, the corporation may waive
1563	this requirement for projects in rural areas or urban infill
1564	areas which have market rate rents that are less than the
1565	allowable rents pursuant to applicable state and federal
1566	guidelines, and for projects which reserve units for extremely
1567	low income families. In no event shall the mortgage provided
1568	under this program combined with any other mortgage in a
1569	superior position exceed total project cost.
1570	(6)  On all state apartment incentive loans, except loans
1571	made to housing communities for the elderly to provide for
1572	lifesafety, building preservation, health, sanitation, or
1573	security-related repairs or improvements, the following
1574	provisions shall apply:
1575	(a)  The corporation shall establish two interest rates in
1576	accordance with s. 420.507(22)(a)1. and 3. 2.
1577	(b)  The corporation shall publish a notice of fund
1578	availability in a publication of general circulation throughout
1579	the state. Such notice shall be published at least 60 days prior
1580	to the application deadline and shall provide notice of the
1581	temporary reservations of funds established in subsection (3).
1582	(c)  The corporation shall provide by rule for the
1583	establishment of a review committee composed of the department
1584	and corporation staff and shall establish by rule a scoring
1585	system for evaluation and competitive ranking of applications
1586	submitted in this program, including, but not limited to, the
1587	following criteria:
1588	1.  Tenant income and demographic targeting objectives of
1589	the corporation.
1590	2.  Targeting objectives of the corporation which will
1591	ensure an equitable distribution of loans between rural and
1592	urban areas.
1593	3.  Sponsor's agreement to reserve the units for persons or
1594	families who have incomes below 50 percent of the state or local
1595	median income, whichever is higher, for a time period to exceed
1596	the minimum required by federal law or the provisions of this
1597	part.
1598	4.  Sponsor's agreement to reserve more than:
1599	a.  Twenty percent of the units in the project for persons
1600	or families who have incomes that do not exceed 50 percent of
1601	the state or local median income, whichever is higher; or
1602	b.  Forty percent of the units in the project for persons
1603	or families who have incomes that do not exceed 60 percent of
1604	the state or local median income, whichever is higher, without
1605	requiring a greater amount of the loans as provided in this
1606	section.
1607	5.  Provision for tenant counseling.
1608	6.  Sponsor's agreement to accept rental assistance
1609	certificates or vouchers as payment for rent; however, when
1610	certificates or vouchers are accepted as payment for rent on
1611	units set aside pursuant to subsection (2), the benefit must be
1612	divided between the corporation and the sponsor, as provided by
1613	corporation rule.
1614	6.7.  Projects requiring the least amount of a state
1615	apartment incentive loan compared to overall project cost except
1616	that the share of the loan attributable to the extremely low
1617	income units shall be excluded from this requirement.
1618	7.8.  Local government contributions and local government
1619	comprehensive planning and activities that promote affordable
1620	housing.
1621	8.9.  Project feasibility.
1622	9.10.  Economic viability of the project.
1623	10.11.  Commitment of first mortgage financing.
1624	11.12.  Sponsor's prior experience.
1625	12.13.  Sponsor's ability to proceed with construction.
1626	13.14.  Projects that directly implement or assist welfare-
1627	to-work transitioning.
1628	14.  Projects that reserve units for extremely low income
1629	families.
1630	(d)  The corporation may reject any and all applications.
1631	(e)  The corporation may approve and reject applications
1632	for the purpose of achieving geographic targeting.
1633	(f)  The review committee established by corporation rule
1634	pursuant to this subsection shall make recommendations to the
1635	board of directors of the corporation regarding program
1636	participation under the State Apartment Incentive Loan Program.
1637	The corporation board shall make the final ranking and the
1638	decisions regarding which applicants shall become program
1639	participants based on the scores received in the competitive
1640	ranking, further review of applications, and the recommendations
1641	of the review committee. The corporation board shall approve or
1642	reject applications for loans and shall determine the tentative
1643	loan amount available to each applicant selected for
1644	participation in the program. The actual loan amount shall be
1645	determined pursuant to rule adopted pursuant to s.
1646	420.507(22)(h)(f).
1647	(g)  The loan term shall be for a period of not more than
1648	15 years; however, if both a program loan and federal low-income
1649	housing tax credits are to be used to assist a project, the
1650	corporation may set the loan term for a period commensurate with
1651	the investment requirements associated with the tax credit
1652	syndication. The term of the loan may also exceed 15 years if
1653	necessary to conform to requirements of the Federal National
1654	Mortgage Association. The corporation may renegotiate and extend
1655	the loan in order to extend the availability of housing for the
1656	targeted population. The term of a loan may not extend beyond
1657	the period for which the sponsor agrees to provide the housing
1658	set-aside required by subsection (2).
1659	(h)  The loan shall be subject to sale, transfer, or
1660	refinancing. The sale, transfer, or refinancing of the loan
1661	shall be consistent with fiscal program goals and the
1662	preservation or advancement of affordable housing for the state.
1663	However, all requirements and conditions of the loan shall
1664	remain following sale, transfer, or refinancing.
1665	(i)  The discrimination provisions of s. 420.516 shall
1666	apply to all loans.
1667	(j)  The corporation may require units dedicated for the
1668	elderly.
1669	(k)  Rent controls shall not be allowed on any project
1670	except as required in conjunction with the issuance of tax-
1671	exempt bonds or federal low-income housing tax credits.
1672	(l)  The proceeds of all loans shall be used for new
1673	construction or substantial rehabilitation which creates
1674	affordable, safe, and sanitary housing units.
1675	(m)  Sponsors shall annually certify the adjusted gross
1676	income of all persons or families qualified under subsection (2)
1677	at the time of initial occupancy, who are residing in a project
1678	funded by this program. All persons or families qualified under
1679	subsection (2) may continue to qualify under subsection (2) in a
1680	project funded by this program if the adjusted gross income of
1681	those persons or families at the time of annual recertification
1682	meets the requirements established in s. 142(d)(3)(B) of the
1683	Internal Revenue Code of 1986, as amended. If the annual
1684	recertification of persons or families qualifying under
1685	subsection (2) results in noncompliance with income occupancy
1686	requirements, the next available unit must be rented to a person
1687	or family qualifying under subsection (2) in order to ensure
1688	continuing compliance of the project. The corporation may waive
1689	the annual recertification if 100 percent of the units are set
1690	aside as affordable.
1691	(n)  Upon submission and approval of a marketing plan which
1692	demonstrates a good faith effort of a sponsor to rent a unit or
1693	units to persons or families reserved under subsection (3) and
1694	qualified under subsection (2), the sponsor may rent such unit
1695	or units to any person or family qualified under subsection (2)
1696	notwithstanding the reservation.
1697	(o)  Sponsors may participate in federal mortgage insurance
1698	programs and must abide by the requirements of those programs.
1699	If a conflict occurs between the requirements of federal
1700	mortgage insurance programs and the requirements of this
1701	section, the requirements of federal mortgage insurance programs
1702	shall take precedence.
1703	Section 23.  Section 420.5088, Florida Statutes, is amended
1704	to read:
1705	420.5088  Florida Homeownership Assistance Program.--There
1706	is created the Florida Homeownership Assistance Program for the
1707	purpose of assisting low-income and moderate-income persons in
1708	purchasing a home as their primary residence by reducing the
1709	cost of the home with below-market construction financing, by
1710	reducing the amount of down payment and closing costs paid by
1711	the borrower to a maximum of 5 percent of the purchase price, or
1712	by reducing the monthly payment to an affordable amount for the
1713	purchaser. Loans shall be made available at an interest rate
1714	that does not exceed 3 percent. The balance of any loan is due
1715	at closing if the property is sold, refinanced, or transferred,
1716	unless otherwise approved by the corporation.
1717	(1)  For loans made available pursuant to s.
1718	420.507(23)(a)1. or 2.:
1719	(a)  The corporation may underwrite and make those mortgage
1720	loans through the program to persons or families who have
1721	incomes that do not exceed 120 80 percent of the state or local
1722	median income, whichever is greater, adjusted for family size.
1723	(b)  Loans shall be made available for the term of the
1724	first mortgage.
1725	(c)  Loans may not exceed are limited to the lesser of 35
1726	25 percent of the purchase price of the home or the amount
1727	necessary to enable the purchaser to meet credit underwriting
1728	criteria.
1729	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1730	(a)  Availability is limited to nonprofit sponsors or
1731	developers who are selected for program participation pursuant
1732	to this subsection.
1733	(b)  Preference must be given to community development
1734	corporations as defined in s. 290.033 and to community-based
1735	organizations as defined in s. 420.503.
1736	(c)  Priority must be given to projects that have received
1737	state assistance in funding project predevelopment costs.
1738	(d)  The benefits of making such loans shall be
1739	contractually provided to the persons or families purchasing
1740	homes financed under this subsection.
1741	(e)  At least 30 percent of the units in a project financed
1742	pursuant to this subsection must be sold to persons or families
1743	who have incomes that do not exceed 80 percent of the state or
1744	local median income, whichever amount is greater, adjusted for
1745	family size; and at least another 30 percent of the units in a
1746	project financed pursuant to this subsection must be sold to
1747	persons or families who have incomes that do not exceed 65 50
1748	percent of the state or local median income, whichever amount is
1749	greater, adjusted for family size.
1750	(f)  The maximum loan amount may not exceed 33 percent of
1751	the total project cost.
1752	(g)  A person who purchases a home in a project financed
1753	under this subsection is eligible for a loan authorized by s.
1754	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1755	construction loan made pursuant to this subsection. The home
1756	purchaser must meet all the requirements for loan recipients
1757	established pursuant to the applicable loan program.
1758	(h)  The corporation shall provide, by rule, for the
1759	establishment of a review committee composed of corporation
1760	staff and shall establish, by rule, a scoring system for
1761	evaluating and ranking applications submitted for construction
1762	loans under this subsection, including, but not limited to, the
1763	following criteria:
1764	1.  The affordability of the housing proposed to be built.
1765	2.  The direct benefits of the assistance to the persons
1766	who will reside in the proposed housing.
1767	3.  The demonstrated capacity of the applicant to carry out
1768	the proposal, including the experience of the development team.
1769	4.  The economic feasibility of the proposal.
1770	5.  The extent to which the applicant demonstrates
1771	potential cost savings by combining the benefits of different
1772	governmental programs and private initiatives, including the
1773	local government contributions and local government
1774	comprehensive planning and activities that promote affordable
1775	housing.
1776	6.  The use of the least amount of program loan funds
1777	compared to overall project cost.
1778	7.  The provision of homeownership counseling.
1779	8.  The applicant's agreement to exceed the requirements of
1780	paragraph (e).
1781	9.  The commitment of first mortgage financing for the
1782	balance of the construction loan and for the permanent loans to
1783	the purchasers of the housing.
1784	10.  The applicant's ability to proceed with construction.
1785	11.  The targeting objectives of the corporation which will
1786	ensure an equitable distribution of loans between rural and
1787	urban areas.
1788	12.  The extent to which the proposal will further the
1789	purposes of this program.
1790	(i)  The corporation may reject any and all applications.
1791	(j)  The review committee established by corporation rule
1792	pursuant to this subsection shall make recommendations to the
1793	corporation board regarding program participation under this
1794	subsection. The corporation board shall make the final ranking
1795	for participation based on the scores received in the ranking,
1796	further review of the applications, and the recommendations of
1797	the review committee. The corporation board shall approve or
1798	reject applicants for loans and shall determine the tentative
1799	loan amount available to each program participant. The final
1800	loan amount shall be determined pursuant to rule adopted under
1801	s. 420.507(23)(h).
1802	(3)  The corporation shall publish a notice of fund
1803	availability in a publication of general circulation throughout
1804	the state at least 60 days prior to the anticipated availability
1805	of funds.
1806	(4)  During the first 9 months of fund availability:
1807	(a)  Sixty percent of the program funds shall be reserved
1808	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1809	(b)  Twenty percent of the program funds shall be reserved
1810	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1811	(c)  Twenty percent of the program funds shall be reserved
1812	for use by borrowers pursuant to s. 420.507(23)(a)3.
1813
1814	If the application of these percentages would cause the
1815	reservation of program funds under paragraph (a) to be less than
1816	$1 million, the reservation for paragraph (a) shall be increased
1817	to $1 million or all available funds, whichever amount is less,
1818	with the increase to be accomplished by reducing the reservation
1819	for paragraph (b) and, if necessary, paragraph (c).
1820	(4)(5)  There is authorized to be established by the
1821	corporation with a qualified public depository meeting the
1822	requirements of chapter 280 the Florida Homeownership Assistance
1823	Fund to be administered by the corporation according to the
1824	provisions of this program. Any amounts held in the Florida
1825	Homeownership Assistance Trust Fund for such purposes as of
1826	January 1, 1998, must be transferred to the corporation for
1827	deposit in the Florida Homeownership Assistance Fund, whereupon
1828	the Florida Homeownership Assistance Trust Fund must be closed.
1829	There shall be deposited in the fund moneys from the State
1830	Housing Trust Fund created by s. 420.0005, or moneys received
1831	from any other source, for the purpose of this program and all
1832	proceeds derived from the use of such moneys. In addition, all
1833	unencumbered funds, loan repayments, proceeds from the sale of
1834	any property, and any other proceeds that would otherwise accrue
1835	pursuant to the activities of the programs described in this
1836	section shall be transferred to this fund. In addition, all loan
1837	repayments, proceeds from the sale of any property, and any
1838	other proceeds that would otherwise accrue pursuant to the
1839	activities conducted under the provisions of the Florida
1840	Homeownership Assistance Program shall be deposited in the fund
1841	and shall not revert to the General Revenue Fund. Expenditures
1842	from the Florida Homeownership Assistance Fund shall not be
1843	required to be included in the corporation's budget request or
1844	be subject to appropriation by the Legislature.
1845	(5)(6)  No more than one-fifth of the funds available in
1846	the Florida Homeownership Assistance Fund may be made available
1847	to provide loan loss insurance reserve funds to facilitate
1848	homeownership for eligible persons.
1849	Section 24.  Section 420.5095, Florida Statutes, is created
1850	to read:
1851	420.5095  Community Workforce Housing Innovation Program.--
1852	(1)  The Community Workforce Housing Innovation Program is
1853	created for the purpose of providing regulatory incentives and
1854	state and local funds to promote local public-private
1855	partnerships and leverage government and private resources to
1856	provide affordable rental and single-family community workforce
1857	housing for essential services personnel with medium incomes in
1858	high-cost and high-growth counties in this state.
1859	(2)  The Florida Housing Finance Corporation shall be
1860	responsible for implementing and creating an incentive program
1861	for the Community Workforce Housing Innovation Program by
1862	providing financial and regulatory incentives to the public and
1863	private sectors to develop and finance innovative rental and
1864	home-ownership housing solutions to meet the needs of eligible
1865	Floridians. The corporation shall utilize the State Housing
1866	Initiatives Partnership Program governed by ss. 420.907-420.9079
1867	for assistance with administration of this program.
1868	(3)  The corporation shall develop selection criteria by
1869	rule for requests for proposal to provide funding for
1870	multifamily rental or single-family community workforce housing
1871	innovation projects in targeted high-cost and high-growth
1872	counties or areas of critical state concern. The corporation
1873	shall provide incentives for local governments in these counties
1874	to use local affordable housing State Housing Initiatives
1875	Partnership Program funds under s. 420.9072 for meeting the
1876	affordable housing needs of persons eligible under this program.
1877	(4)  The Community Workforce Housing Innovation Program
1878	projects shall target:
1879	(a)  High-cost counties, those counties in which the median
1880	purchase price of a single-family home is above the state median
1881	purchase price of a single-family home, and areas of critical
1882	state concern designated under s. 380.05 for which the
1883	Legislature has declared its intent to provide affordable
1884	housing. The Florida Housing Finance Corporation shall develop
1885	the list of high-cost counties on an annual basis.
1886	(b)  High-growth counties, those counties that demonstrate
1887	significantly high rates of growth in K-12 public school
1888	students and a substantial number of open teaching positions
1889	currently and projected for the next school year. To qualify
1890	under these criteria of high growth and need to fill public
1891	school teaching positions, a county's school district must have
1892	been in the top 10 school districts in the state for the fastest
1893	student population growth as a percentage rate of increase for
1894	the previous 5 years, as defined by the Department of Education.
1895	Counties with school districts having the greatest number of
1896	teaching position vacancies shall be prioritized.
1897	(c)  Project partnerships that include substantial
1898	involvement of public sector entities, such as local
1899	municipalities, counties, school districts, special districts,
1900	and other units of local government, and private sector entities
1901	that donate land or other tangible value worth at least 15
1902	percent of the project value.
1903	(d)  Persons in households with income levels of up to 150
1904	percent of the area median income, adjusted for household size,
1905	in prioritized areas included in this subsection or a higher
1906	adjusted median income percentage in areas of critical state
1907	concern.
1908	(e)  Persons in need of affordable housing who are employed
1909	in areas in which they are considered essential services
1910	personnel, such as teachers and educators, police and fire
1911	personnel, and health care personnel, and in other job
1912	categories in which the personnel are defined as essential
1913	services personnel within the annual local State Housing
1914	Initiatives Partnership Program under s. 420.9072.
1915	(f)  Innovative projects that include new construction or
1916	rehabilitation of existing housing, mixed-income housing, or
1917	commercial and housing mixed-use elements.
1918	(5)  The Community Workforce Housing Innovation Program
1919	shall supplement and not supplant the existing affordable
1920	housing programs funded under chapter 420.
1921	(6)  On an annual basis, the corporation shall review the
1922	success of the Community Workforce Housing Innovation Program to
1923	determine how the program supports traditional affordable
1924	housing programs as defined in chapter 420 and to ascertain
1925	whether the program is meeting the housing needs of high-cost
1926	and high-growth counties. The corporation shall submit any
1927	recommendations for strengthening the program to the Governor,
1928	the Speaker of the House of Representatives, and the President
1929	of the Senate by January 1 of each year.
1930	(7)  On an annual basis, the corporation shall review ways
1931	to improve public and private sector incentives and barriers to
1932	affordable and community workforce housing and make any
1933	recommendations necessary to improve these incentives in a
1934	report to the Governor, the Speaker of the House of
1935	Representatives, and the President of the Senate by January 1 of
1936	each year. The corporation may request the assistance of the
1937	Department of Community Affairs or the Affordable Housing Study
1938	Commission in these efforts.
1939	(8)(a)  Applicants whose projects are approved or funded by
1940	the Community Workforce Housing Innovation Program as Community
1941	Workforce Housing Innovation Program projects shall be eligible
1942	for the following workforce housing incentives to ensure the
1943	financial viability, successful development, and ongoing
1944	maintenance of these housing developments:
1945	1.  The processing of approvals of development orders or
1946	development permits, as defined in s. 163.3164(7) and (8), for
1947	affordable housing projects shall be expedited to a greater
1948	degree than other projects.
1949	2.  Impact fees shall be reduced by 50 percent or may be
1950	waived entirely by the local governments, or applicants shall be
1951	provided with an alternative method of fee payment.
1952	3.  Increased density levels of up to 16 units or higher
1953	density per acre shall be allowed, except in coastal high-hazard
1954	areas, if approved by the local government, for community
1955	workforce housing.
1956	4.  The infrastructure capacity in the local comprehensive
1957	plan for affordable housing shall be reserved for these
1958	communities.
1959	5.  Additional affordable residential units in residential
1960	zoning districts shall be allowed.
1961	6.  Open space and setback requirements for affordable
1962	housing shall be reduced by 50 percent.
1963	7.  Zero-lot-line configurations shall be allowed.
1964	8.  Traffic concurrency requirements shall be modified or
1965	reduced by up to 25 percent.
1966	9.  Local transportation infrastructure funding shall have
1967	priority eligibility from metropolitan planning organizations.
1968	(b)  The regulatory incentives for approved Community
1969	Workforce Housing Innovation Program projects shall be
1970	considered acceptable by the respective local government
1971	maintaining jurisdiction over the site of the project, if:
1972	1.  The applicant receives a letter of support from the
1973	local government for the project application submitted to the
1974	corporation; or
1975	2.  Within 60 days after receipt of the applicant's plan by
1976	the local government, no formal vote is taken by that body to
1977	object to the project.
1978
1979	However, if that local government entity votes not to accept the
1980	Community Workforce Housing Innovation Program project in its
1981	county, the corporation shall remove the application from the
1982	project approval list.
1983	(9)  Subject to the availability of funds appropriated by
1984	the Legislature to fund the Community Workforce Housing
1985	Innovation Program, the Florida Housing Finance Corporation
1986	shall have the authority to provide Community Workforce Housing
1987	Innovation Program grants to an applicant for construction or
1988	rehabilitation of rental or single-family community workforce
1989	housing, provided the sponsor of such appropriation:
1990	(a)  Sets aside at least 80 percent of the units for
1991	eligible persons whose household income does not exceed 150
1992	percent of the adjusted local median income;
1993	(b)  Sets aside at least 50 percent of the units as
1994	prioritized for households whose family members are employed in
1995	areas deemed essential public service, such as education, health
1996	care, and other areas defined by the local community in its
1997	State Housing Initiatives Partnership Program plan. Such
1998	projects shall identify sales and leasing strategies to
1999	accomplish this set-aside priority for essential services
2000	personnel as well as alternative strategies to sell or lease
2001	units to other qualified individuals if essential services
2002	personnel are not immediately available or qualified for the
2003	units;
2004	(c)  For rental projects, limits rents to no more than 40
2005	percent of the maximum household income adjusted to unit size;
2006	or
2007	(d)  For home ownership, limits the sales price to the
2008	price for which an eligible applicant at 150 percent of the
2009	median income may qualify.
2010	(10)  The corporation shall issue a request for proposals
2011	to solicit applications for program approval and grants offered
2012	under this section and shall establish a funding process to
2013	distribute annually appropriated funds under this section. The
2014	corporation may approve a project under this program that does
2015	not require grant funding as long as the project proves its
2016	financial viability. Grant funding shall be based on
2017	demonstrated financial need of the project. The corporation
2018	shall prioritize projects in those high-cost counties with the
2019	highest real estate cost burdens for housing, including those
2020	counties with designated areas of critical state concern and
2021	those counties with the highest median price of single-family
2022	homes. The corporation shall also approve and fund projects in
2023	one high-growth county. As an annual goal, the corporation shall
2024	seek to achieve a 70-percent high-cost, 30-percent high-growth
2025	ratio in its approval and funding of projects.
2026	(11)(a)  All eligible applications shall:
2027	1.  Demonstrate that the program applicant consists of a
2028	public-private partnership of at least one local government or
2029	special district public entity and one private not-for-profit or
2030	for-profit development partner.
2031	2.  Demonstrate how the applicant will use the regulatory
2032	incentives outlined in subsection (8) and include, if available,
2033	any letters of support from the local government partner for the
2034	incentives.
2035	3.  Demonstrate that the applicant possesses title to or
2036	firm site control of land and evidences availability of required
2037	infrastructure.
2038	4.  Provide any research or facts available supporting the
2039	demand and need for rental or home ownership workforce housing
2040	for qualified workforce residents in the county in which the
2041	project is proposed.
2042	5.  Have grants, donations of land, or contributions from
2043	other sources collectively totaling at least 15 percent of the
2044	total development cost. Such grants, donations of land, or
2045	contributions must only be evidenced by a letter of commitment
2046	at the time of application.
2047	6.  Demonstrate accessibility to commercial businesses,
2048	services, and employment opportunities needed to serve the needs
2049	of the residents or include a viable plan to provide
2050	transportation access to those commercial businesses, services,
2051	and jobs.
2052	7.  Demonstrate a marketing and sales plan to ensure that
2053	residents fit the income requirements and workforce employment
2054	demand for essential services.
2055	8.  Provide a viable pro forma financial statement for the
2056	development costs and revenues for the project.
2057	(b)  When ownership of the land or property utilized for
2058	development in conjunction with the Community Workforce Housing
2059	Innovation Program grant is to be held by any public sector
2060	entity, as described in this section, the applicant may choose
2061	to use a nonprofit or public entity to manage the resulting
2062	housing program. The applicant must demonstrate that the
2063	management entity:
2064	1.  Has experience and proficiency in the management of
2065	affordable housing programs.
2066	2.  Has regularly conducted independent audits.
2067	3.  Has a publicly appointed oversight board of directors
2068	or commissioners.
2069	4.  Has experience in the provision of resident programs
2070	and services, such as child care, transportation, and job
2071	training.
2072	(12)  The corporation shall establish a review committee
2073	composed of staff of the corporation and shall establish a
2074	scoring system for evaluation and competitive ranking of
2075	applications submitted to the program.
2076	(13)  The corporation shall develop evaluation and ranking
2077	criteria that use the eligibility criteria of subsection (3) and
2078	emphasize the following: innovative planning concepts,
2079	innovative building design, local government participation,
2080	public-private partnerships, the ability to proceed with
2081	construction, the feasibility and economic viability of the
2082	project, the applicant's affordable housing development and
2083	management experience, the ability to meet essential service
2084	personnel needs, a management plan to attract, serve, and keep
2085	eligible workforce tenants and ensure the long-term
2086	affordability of the rental or ownership units, and the quality
2087	of project design.
2088	(14)  The corporation shall develop rules and procedures
2089	for the awarding and accountability of Community Workforce
2090	Housing Innovation Program grants and approvals to selected
2091	applicants. Grants may be used with other corporation and
2092	private-sector resources. The proceeds of all grants shall be
2093	used for new construction or substantial rehabilitation that
2094	creates affordable, safe, and sanitary rental or ownership
2095	workforce housing units. The corporation shall expedite the
2096	review, evaluation, and awarding of program grants.
2097	(15)  If a default on a grant occurs, the corporation may
2098	foreclose on any mortgage or security interest or commence any
2099	legal action to protect the interest of the corporation and
2100	recover the amount of the grant principal, accrued interest, and
2101	fees. The corporation may acquire real or personal property or
2102	any interest in such property when that acquisition is necessary
2103	or appropriate to protect any grant or sell, transfer, and
2104	convey any such property to a buyer without regard to the
2105	provisions of chapters 253 and 270.
2106	(16)  The corporation shall develop and implement a
2107	Community Workforce Housing Innovation Program down payment
2108	assistance program with available funds consistent with all the
2109	requisite financial guidelines to meet the needs of eligible
2110	individuals to purchase workforce housing. The corporation shall
2111	encourage local governments to accomplish the same goals through
2112	their housing assistance plans provided in s. 420.9075.
2113	(17)  The corporation shall develop recommendations for
2114	increasing the development of innovative affordable home
2115	ownership projects serving very-low-income, low-income, and
2116	moderate-income residents in Florida, which may include
2117	expansion of support for nonprofit home builders, such as
2118	Habitat for Humanity and other charitable housing organizations,
2119	public housing authorities, and for-profit housing developers.
2120	Recommendations shall assess the value of public-private
2121	partnerships, increased local and state funding for nonprofit
2122	housing organizations, and the possible conversion of existing
2123	affordable multifamily rental apartments to affordable home
2124	ownership units for projects in high-cost counties and counties
2125	with areas designated as areas of critical state concern.
2126	Recommendations shall examine how to guarantee long-term
2127	affordability for home ownership and an affordable home
2128	ownership purchase price
2129	(18)  The corporation shall require all program applicants
2130	to obtain and document local public input on the proposed
2131	project. The corporation shall establish criteria for what local
2132	public input the applicants shall be required to obtain.
2133	Section 25.  Subsection (2) of section 420.9072, Florida
2134	Statutes, is amended to read:
2135	420.9072  State Housing Initiatives Partnership Program.--
2136	The State Housing Initiatives Partnership Program is created for
2137	the purpose of providing funds to counties and eligible
2138	municipalities as an incentive for the creation of local housing
2139	partnerships, to expand production of and preserve affordable
2140	housing, to further the housing element of the local government
2141	comprehensive plan specific to affordable housing, and to
2142	increase housing-related employment.
2143	(2)(a)  To be eligible to receive funds under the program,
2144	a county or eligible municipality must:
2145	1.  Submit to the corporation its local housing assistance
2146	plan describing the local housing assistance strategies
2147	established pursuant to s. 420.9075;
2148	2.  Within 12 months after adopting the local housing
2149	assistance plan, amend the plan to incorporate the local housing
2150	incentive strategies defined in s. 420.9071(16) and described in
2151	s. 420.9076; and
2152	3.  Within 24 months after adopting the amended local
2153	housing assistance plan to incorporate the local housing
2154	incentive strategies, amend its land development regulations or
2155	establish local policies and procedures, as necessary, to
2156	implement the local housing incentive strategies adopted by the
2157	local governing body. A county or an eligible municipality that
2158	has adopted a housing incentive strategy pursuant to s. 420.9076
2159	before the effective date of this act shall review the status of
2160	implementation of the plan according to its adopted schedule for
2161	implementation and report its findings in the annual report
2162	required by s. 420.9075(10)(9). If as a result of the review, a
2163	county or an eligible municipality determines that the
2164	implementation is complete and in accordance with its schedule,
2165	no further action is necessary. If a county or an eligible
2166	municipality determines that implementation according to its
2167	schedule is not complete, it must amend its land development
2168	regulations or establish local policies and procedures, as
2169	necessary, to implement the housing incentive plan within 12
2170	months after the effective date of this act, or if extenuating
2171	circumstances prevent implementation within 12 months, pursuant
2172	to s. 420.9075(13)(12), enter into an extension agreement with
2173	the corporation.
2174	(b)  A county or an eligible municipality seeking approval
2175	to receive its share of the local housing distribution must
2176	adopt an ordinance containing the following provisions:
2177	1.  Creation of a local housing assistance trust fund as
2178	described in s. 420.9075(6)(5).
2179	2.  Adoption by resolution of a local housing assistance
2180	plan as defined in s. 420.9071(14) to be implemented through a
2181	local housing partnership as defined in s. 420.9071(18).
2182	3.  Designation of the responsibility for the
2183	administration of the local housing assistance plan. Such
2184	ordinance may also provide for the contracting of all or part of
2185	the administrative or other functions of the program to a third
2186	person or entity.
2187	4.  Creation of the affordable housing advisory committee
2188	as provided in s. 420.9076.
2189
2190	The ordinance must not take effect until at least 30 days after
2191	the date of formal adoption. Ordinances in effect prior to the
2192	effective date of amendments to this section shall be amended as
2193	needed to conform to new provisions.
2194	Section 26.  Paragraph (a) of subsection (4) of section
2195	420.9075, Florida Statutes, is amended, subsections (5) through
2196	(12) are renumbered as subsections (6) through (13),
2197	respectively, and a new subsection (5) is added to that section,
2198	to read:
2199	420.9075  Local housing assistance plans; partnerships.--
2200	(4)  The following criteria apply to awards made to
2201	eligible sponsors or eligible persons for the purpose of
2202	providing eligible housing:
2203	(a)  At least 65 percent of the funds made available in
2204	each county and eligible municipality from the local housing
2205	distribution must be reserved for home ownership for eligible
2206	persons, with at least one-third of those funds going to home
2207	ownership for very-low-income persons.
2208
2209	If both an award under the local housing assistance plan and
2210	federal low-income housing tax credits are used to assist a
2211	project and there is a conflict between the criteria prescribed
2212	in this subsection and the requirements of s. 42 of the Internal
2213	Revenue Code of 1986, as amended, the county or eligible
2214	municipality may resolve the conflict by giving precedence to
2215	the requirements of s. 42 of the Internal Revenue Code of 1986,
2216	as amended, in lieu of following the criteria prescribed in this
2217	subsection with the exception of paragraphs (a) and (d) of this
2218	subsection.
2219	(5)  In order to assist in the recruitment and retention of
2220	essential service personnel, such as teachers and educators,
2221	police and fire personnel, health care personnel, skilled
2222	building trades personnel, and other job categories in which the
2223	personnel are defined as essential services personnel within the
2224	annual local State Housing Initiatives Partnership Program under
2225	s. 420.9072, as set forth in s. 420.5095(4)(e), the following
2226	shall be included in the local housing assistance plan:
2227	(a)  Down payment assistance shall be provided to an
2228	eligible person who meets the following criteria, in addition to
2229	other requirements of the plan. The person:
2230	1.  Shall be employed full time in an essential service
2231	occupation or skilled building trade.
2232	2.  Shall declare his or her homestead and maintain
2233	residency at his or her homestead.
2234	3.  Shall demonstrate a 5-year minimum commitment to
2235	continued employment in an essential service occupation or
2236	skilled building trade within the county of current employment.
2237	(b)  Compliance with the eligibility criteria established
2238	under this subsection shall be verified during the life of the
2239	loan by the county or eligible municipality.
2240	(c)  The program shall provide down payment assistance in
2241	an amount to be determined by rule, not to exceed 25 percent of
2242	purchase price, if the county or eligible municipality within
2243	which an eligible recipient is employed provides funding through
2244	the State Housing Initiatives Partnership Program to the
2245	eligible recipient under ss. 420.907-420.9079, whether solely or
2246	in conjunction with a local housing finance agency or a private
2247	sector partner.
2248	(d)  Any lien on the recipient's property securing the
2249	assistance provided under this subsection shall be released if
2250	the recipient fulfills the 5-year commitment specified in
2251	subparagraph (a)3.
2252	(e)  Each county and each eligible municipality is
2253	encouraged to develop an element within its local housing
2254	assistance plan that emphasizes the recruitment and retention of
2255	essential service personnel and persons skilled in the building
2256	trades.
2257	(f)  Notwithstanding the distribution formula in s.
2258	420.9073, the corporation is authorized to allocate funds to
2259	implement this subsection and may allocate funds to projects
2260	that are regional or statewide in scope.
2261	(g)  The corporation is authorized to make rules to
2262	implement this subsection, including, but not limited to, the
2263	allocation of funds and selection of projects for funding under
2264	this subsection.
2265	Section 27.  Subsection (6) of section 420.9076, Florida
2266	Statutes, is amended to read:
2267	420.9076  Adoption of affordable housing incentive
2268	strategies; committees.--
2269	(6)  Within 90 days after the date of receipt of the local
2270	housing incentive strategies recommendations from the advisory
2271	committee, the governing body of the appointing local government
2272	shall adopt an amendment to its local housing assistance plan to
2273	incorporate the local housing incentive strategies it will
2274	implement within its jurisdiction. The amendment must include,
2275	at a minimum, the local housing incentive strategies specified
2276	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
2277	Section 28.  Subsection (2) of section 420.9079, Florida
2278	Statutes, is amended to read:
2279	420.9079  Local Government Housing Trust Fund.--
2280	(2)  The corporation shall administer the fund exclusively
2281	for the purpose of implementing the programs described in ss.
2282	420.907-420.9078 and this section. With the exception of
2283	monitoring the activities of counties and eligible
2284	municipalities to determine local compliance with program
2285	requirements, the corporation shall not receive appropriations
2286	from the fund for administrative or personnel costs. For the
2287	purpose of implementing the compliance monitoring provisions of
2288	s. 420.9075(9)(8), the corporation may request a maximum of one-
2289	quarter of 1 percent of the annual appropriation $200,000 per
2290	state fiscal year. When such funding is appropriated, the
2291	corporation shall deduct the amount appropriated prior to
2292	calculating the local housing distribution pursuant to ss.
2293	420.9072 and 420.9073.
2294	Section 29.  Paragraph (c) of subsection (1) and paragraph
2295	(e) of subsection (2) of section 624.5105, Florida Statutes, are
2296	amended to read:
2297	624.5105  Community contribution tax credit; authorization;
2298	limitations; eligibility and application requirements;
2299	administration; definitions; expiration.--
2300	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
2301	(c)  The total amount of tax credit which may be granted
2302	for all programs approved under this section and ss.
2303	212.08(5)(q) and 220.183 is $10 $12 million annually for
2304	projects that provide homeownership opportunities for low-income
2305	or very-low-income households as defined in s. 420.9071(19) and
2306	(28) and $3 million annually for all other projects.
2307	(2)  ELIGIBILITY REQUIREMENTS.--
2308	(e)1.  For the first 6 months of the fiscal year, the
2309	Office of Tourism, Trade, and Economic Development shall reserve
2310	80 percent of the first $10 million in available annual tax
2311	credits, and 70 percent of any available annual tax credits in
2312	excess of $10 million, for donations made to eligible sponsors
2313	for projects that provide homeownership opportunities for low-
2314	income or very-low-income households as defined in s.
2315	420.9071(19) and (28). If any such reserved annual tax credits
2316	remain after the first 6 months of the fiscal year, the office
2317	may approve the balance of these available credits for donations
2318	made to eligible sponsors for projects other than those that
2319	provide homeownership opportunities for low-income or very-low-
2320	income households.
2321	2.  For the first 6 months of the fiscal year, the office
2322	shall reserve 20 percent of the first $10 million in available
2323	annual tax credits, and 30 percent of any available annual tax
2324	credits in excess of $10 million, for donations made to eligible
2325	sponsors for projects other than those that provide
2326	homeownership opportunities for low-income or very-low-income
2327	households as defined in s. 420.9071(19) and (28). If any
2328	reserved annual tax credits remain after the first 6 months of
2329	the fiscal year, the office may approve the balance of these
2330	available credits for donations made to eligible sponsors for
2331	projects that provide homeownership opportunities for low-income
2332	or very-low-income households.
2333	1.3.  If, during the first 10 business days of the state
2334	fiscal year, eligible tax credit applications for projects that
2335	provide homeownership opportunities for low-income or very-low-
2336	income households as defined in s. 420.9071(19) and (28) are
2337	received for less than the available annual tax credits
2338	available for those projects reserved under subparagraph 1., the
2339	office shall grant tax credits for those applications and shall
2340	grant remaining tax credits on a first-come, first-served basis
2341	for any subsequent eligible applications received before the end
2342	of the first 6 months of the state fiscal year. If, during the
2343	first 10 business days of the state fiscal year, eligible tax
2344	credit applications for projects that provide homeownership
2345	opportunities for low-income or very-low-income households as
2346	defined in s. 420.9071(19) and (28) are received for more than
2347	the available annual tax credits available for those projects
2348	reserved under subparagraph 1., the office shall grant the tax
2349	credits for those the applications as follows:
2350	a.  If tax credit applications submitted for approved
2351	projects of an eligible sponsor do not exceed $200,000 in total,
2352	the credits shall be granted in full if the tax credit
2353	applications are approved, subject to subparagraph 1.
2354	b.  If tax credit applications submitted for approved
2355	projects of an eligible sponsor exceed $200,000 in total, the
2356	amount of tax credits granted under sub-subparagraph a. shall be
2357	subtracted from the amount of available tax credits under
2358	subparagraph 1., and the remaining credits shall be granted to
2359	each approved tax credit application on a pro rata basis.
2360	c.  If, after the first 6 months of the fiscal year,
2361	additional credits become available under subparagraph 2., the
2362	office shall grant the tax credits by first granting to those
2363	who received a pro rata reduction up to the full amount of their
2364	request and, if there are remaining credits, granting credits to
2365	those who applied on or after the 11th business day of the state
2366	fiscal year on a first-come, first-served basis.
2367	2.4.  If, during the first 10 business days of the state
2368	fiscal year, eligible tax credit applications for projects other
2369	than those that provide homeownership opportunities for low-
2370	income or very-low-income households as defined in s.
2371	420.9071(19) and (28) are received for less than the available
2372	annual tax credits available for those projects reserved under
2373	subparagraph 2., the office shall grant tax credits for those
2374	applications and shall grant remaining tax credits on a first-
2375	come, first-served basis for any subsequent eligible
2376	applications received before the end of the first 6 months of
2377	the state fiscal year. If, during the first 10 business days of
2378	the state fiscal year, eligible tax credit applications for
2379	projects other than those that provide homeownership
2380	opportunities for low-income or very-low-income households as
2381	defined in s. 420.9071(19) and (28) are received for more than
2382	the available annual tax credits available for those projects
2383	reserved under subparagraph 2., the office shall grant the tax
2384	credits for those the applications on a pro rata basis. If,
2385	after the first 6 months of the fiscal year, additional credits
2386	become available under subparagraph 1., the office shall grant
2387	the tax credits by first granting to those who received a pro
2388	rata reduction up to the full amount of their request and, if
2389	there are remaining credits, granting credits to those who
2390	applied on or after the 11th business day of the state fiscal
2391	year on a first-come, first-served basis.
2392	Section 30.  Paragraph (b) of subsection (9) of section
2393	1001.42, Florida Statutes, is amended to read:
2394	1001.42  Powers and duties of district school board.--The
2395	district school board, acting as a board, shall exercise all
2396	powers and perform all duties listed below:
2397	(9)  SCHOOL PLANT.--Approve plans for locating, planning,
2398	constructing, sanitating, insuring, maintaining, protecting, and
2399	condemning school property as prescribed in chapter 1013 and as
2400	follows:
2401	(b)  Sites, buildings, and equipment.--
2402	1.  Select and purchase school sites, playgrounds, and
2403	recreational areas located at centers at which schools are to be
2404	constructed, of adequate size to meet the needs of projected
2405	students to be accommodated.
2406	2.  Approve the proposed purchase of any site, playground,
2407	or recreational area for which district funds are to be used.
2408	3.  Expand existing sites.
2409	4.  Rent buildings when necessary.
2410	5.  Enter into leases or lease-purchase arrangements, in
2411	accordance with the requirements and conditions provided in s.
2412	1013.15(2), with private individuals or corporations for the
2413	rental of necessary grounds and educational facilities for
2414	school purposes or of educational facilities to be erected for
2415	school purposes. Current or other funds authorized by law may be
2416	used to make payments under a lease-purchase agreement.
2417	Notwithstanding any other statutes, if the rental is to be paid
2418	from funds received from ad valorem taxation and the agreement
2419	is for a period greater than 12 months, an approving referendum
2420	must be held. The provisions of such contracts, including
2421	building plans, shall be subject to approval by the Department
2422	of Education, and no such contract shall be entered into without
2423	such approval. As used in this section, "educational facilities"
2424	means the buildings and equipment that are built, installed, or
2425	established to serve educational purposes and that may lawfully
2426	be used. The State Board of Education may adopt such rules as
2427	are necessary to implement these provisions.
2428	6.  Provide for the proper supervision of construction.
2429	7.  Make or contract for additions, alterations, and
2430	repairs on buildings and other school properties.
2431	8.  Ensure that all plans and specifications for buildings
2432	provide adequately for the safety and well-being of students, as
2433	well as for economy of construction.
2434	9.  Provide affordable housing for teachers and other
2435	instructional personnel independently or in conjunction with
2436	other agencies as described in s. 1001.43(5).
2437	Section 31.  The Florida Housing Finance Corporation may
2438	adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
2439	Statutes, as necessary to implement the provisions of this act.
2440	Section 32.  The sum of $20 million is appropriated from
2441	the State Housing Trust Fund to the Florida Housing Finance
2442	Corporation for the 2006-2007 fiscal year to provide funds to
2443	teachers eligible for affordable housing pursuant to s. 420.5088
2444	or s. 420.5089, Florida Statutes, and to assist in teacher
2445	retention and recruitment as a response to the state's teacher
2446	shortage.
2447	Section 33.  The sum of $32 million is appropriated from
2448	the Local Government Housing Trust Fund to the Florida Housing
2449	Finance Corporation for the 2006-2007 fiscal year to assist in
2450	production of housing units for extremely low income persons.
2451	Section 34.  Except as otherwise expressly provided in this
2452	act, this act shall take effect July 1, 2006.

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