HB 1363

CS

CHAMBER ACTION

1	The Local Government Council 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 and housing assistance; amending s.
17	191.006, F.S.; authorizing independent special fire
18	control districts to provide employee housing and housing
19	assistance; amending s. 193.017, F.S.; authorizing the
20	Florida Housing Finance Corporation and the Department of
21	Revenue to annually set the capitalization rate used for
22	assessing just valuation of affordable housing properties;
23	creating s. 193.018, F.S.; creating the Manny Diaz
24	Affordable Housing Property Tax Relief Initiative;
25	providing criteria for assessing just valuation of
26	affordable housing properties serving persons of low,
27	moderate, very-low, and extremely low incomes; amending s.
28	196.1978, F.S.; specifying what constitutes a nonprofit
29	entity for purposes of affordable housing property tax
30	exemption; conforming cross-references; amending s.
31	201.15, F.S.; removing a cap on certain funds distributed
32	to the State Housing Trust Fund; amending ss. 212.08,
33	220.183, and 624.5105, F.S.; increasing the amount of
34	available tax credits against the sales tax, corporate
35	income tax, and insurance premium tax, respectively, for
36	projects under the community contribution tax credit
37	program and providing separate annual limitations for
38	certain projects; revising requirements and procedures for
39	the Office of Tourism, Trade, and Economic Development in
40	granting tax credits under the program; conforming cross-
41	references; amending s. 253.034, F.S.; providing for the
42	disposition of state lands for affordable housing;
43	amending s. 295.16, F.S.; expanding the disabled veteran
44	exemption from certain license and permit fees relating to
45	dwelling improvements; amending s. 380.06, F.S.; providing
46	a greater substantial deviation threshold for the
47	provision of affordable housing in a development of
48	regional impact; conforming cross-references; amending s.
49	380.0651, F.S.; providing a statewide guidelines and
50	standards bonus for the provision of workforce housing;
51	amending s. 420.0004, F.S.; defining the term "extremely
52	low-income persons"; conforming cross-references;
53	repealing s. 420.37, F.S., relating to additional powers
54	of the Florida Housing Finance Corporation; amending s.
55	420.503, F.S.; revising the definition of the term
56	"farmworker" under the Florida Housing Finance Corporation
57	Act; providing rulemaking authority; amending s. 420.5061,
58	F.S.; conforming a cross-reference; amending s. 420.507,
59	F.S.; revising and expanding the powers of the Florida
60	Housing Finance Corporation relating to mortgage loan
61	interest rates, loans, loan relief, uses of loan funds,
62	subsidiary business entities, data reporting, and disaster
63	recovery and reconstruction; providing certain emergency
64	rulemaking authority; amending s. 420.5087, F.S.;
65	increasing the population criteria for the State Apartment
66	Incentive Loan Program; revising criteria for loans;
67	conforming cross-references; amending s. 420.5088, F.S.;
68	expanding the scope of the Florida Homeownership
69	Assistance Program; revising loan requirements; deleting a
70	provision reserving program funds for certain borrowers;
71	creating s. 420.5095, F.S.; creating the Community
72	Workforce Housing Innovation Program; providing the
73	Florida Housing Finance Corporation with certain powers
74	and responsibilities relating to the program; requiring
75	the program to target certain entities; requiring the
76	program to supplement existing affordable housing
77	programs; providing application requirements; providing
78	incentives for program applicants; amending s. 420.9071,
79	F.S.; conforming a cross-reference; amending s. 420.9072,
80	F.S.; conforming cross-references; amending s. 420.9075,
81	F.S.; requiring local housing assistance plans to define
82	essential service personnel for the county or eligible
83	municipality and to contain a strategy for the recruitment
84	and retention of such personnel; providing a goal for
85	provision of funds for homeownership for very-low-income
86	individuals; amending s. 420.9076, F.S.; revising a cross-
87	reference; amending s. 420.9079, F.S.; revising the
88	maximum appropriation the Florida Housing Finance
89	Corporation may request each state fiscal year; conforming
90	a cross-reference; amending s. 1001.42, F.S.; authorizing
91	district school boards to provide affordable housing for
92	certain teachers and other instructional personnel;
93	amending s. 1013.01, F.S.; providing that certain
94	affordable and workforce housing for teachers and other
95	school personnel may qualify as educational facilities;
96	amending s. 1013.15, F.S.; authorizing the board to rent
97	or lease certain property to school and instructional
98	personnel; providing appropriations; providing effective
99	dates.
100
101	Be It Enacted by the Legislature of the State of Florida:
102
103	Section 1.  Section 125.379, Florida Statutes, is created
104	to read:
105	125.379  Disposition of county property for affordable
106	housing.--
107	(1)  By January 1, 2007, and every 3 years thereafter, each
108	county shall prepare an inventory list of all real property
109	within its jurisdiction to which the county holds fee simple
110	title. The inventory list must include the address and legal
111	description of each real property and specify whether the
112	property is vacant or improved. County planning staff shall
113	review the inventory list and identify each property that is
114	appropriate for use as affordable housing. The time for
115	preparing the inventory list and its review by county planning
116	staff may not exceed 6 months. The properties identified as
117	appropriate for use as affordable housing may be offered for
118	sale and the proceeds used to purchase land for the development
119	of affordable housing or donated to the local housing trust
120	fund, sold with a restriction that requires any development on
121	the property to include a specified percentage of permanent
122	affordable housing, or donated to a nonprofit housing
123	organization for the construction of permanent affordable
124	housing.
125	(2)  After completing an inventory list, the board of
126	county commissioners shall hold at least two public hearings to
127	discuss the inventory list and staff's recommendation concerning
128	which properties are appropriate for use as affordable housing.
129	The board shall comply with the provisions of s. 125.66(4)(b)1.
130	regarding the advertisement of the public hearings and shall
131	hold the first hearing no later than 30 days after completing
132	the inventory list. The board shall approve the inventory list
133	through the adoption of a resolution at the second hearing no
134	later than 6 months after completing the inventory list.
135	(3)  After the inventory list has been approved by
136	resolution, the board of county commissioners shall immediately
137	make available any real property that has been identified in the
138	inventory list as appropriate for use as affordable housing. The
139	county shall make the surplus real property available to:
140	(a)  A private developer if the purchase price paid by the
141	developer is not less than the appraised value of the property
142	based on its highest and best use and the real property is sold
143	with deed restrictions that require a specified percentage of
144	any project developed on the real property to provide affordable
145	housing for low-income and moderate-income persons, with a
146	minimum of 10 percent of the units in the project available for
147	low-income persons and another 10 percent of the units available
148	for moderate-income persons for a total minimum of 20 percent,
149	or, if providing rental housing or a combination of rental
150	housing and homeownership, an additional 5 percent of the units
151	available for very-low-income persons for a total minimum of 25
152	percent;
153	(b)  A private developer without any requirement that a
154	percentage of the units built on the real property be affordable
155	if the purchase price paid by the developer is not less than the
156	appraised value of the property based on its highest and best
157	use, in which case the county must use the funds received from
158	the developer to acquire real property on which affordable
159	housing will be built or donate the funds to the local housing
160	trust fund for the purpose of implementing the programs
161	described in ss. 420.907-420.9079; or
162	(c)  A nonprofit housing organization, such as a community
163	land trust, housing authority, or community redevelopment agency
164	to be used for the production and preservation of permanent
165	affordable housing.
166	(4)  The deed restrictions required under paragraph (3)(a)
167	for an affordable housing unit must also prohibit the sale of
168	the unit at a price that exceeds the threshold for housing that
169	is affordable for low-income or moderate?income persons or to a
170	buyer who is not eligible due to his or her income under chapter
171	420. The deed restrictions may allow the affordable housing
172	units created under paragraph (3)(a) to be rented to extremely
173	low-income, very-low-income, low-income, or moderate-income
174	persons.
175	(5)  For purposes of this section, the terms "affordable,"
176	"low-income persons," "moderate-income persons," "very-low-
177	income persons", and "extremely low-income persons" have the
178	same meaning as in s. 420.0004.
179	Section 2.  Paragraphs (d), (e), and (f) of subsection (2)
180	of section 163.31771, Florida Statutes, are amended to read:
181	163.31771  Accessory dwelling units.--
182	(2)  As used in this section, the term:
183	(d)  "Low-income persons" has the same meaning as in s.
184	420.0004(10)(9).
185	(e)  "Moderate-income persons" has the same meaning as in
186	s. 420.0004(11)(10).
187	(f)  "Very-low-income persons" has the same meaning as in
188	s. 420.0004(15)(14).
189	Section 3.  Paragraph (c) of subsection (1) of section
190	163.3187, Florida Statutes, is amended to read:
191	163.3187  Amendment of adopted comprehensive plan.--
192	(1)  Amendments to comprehensive plans adopted pursuant to
193	this part may be made not more than two times during any
194	calendar year, except:
195	(c)  Any local government comprehensive plan amendments
196	directly related to proposed small scale development activities
197	may be approved without regard to statutory limits on the
198	frequency of consideration of amendments to the local
199	comprehensive plan. A small scale development amendment may be
200	adopted only under the following conditions:
201	1.  The proposed amendment involves a use of 10 acres or
202	fewer and:
203	a.  The cumulative annual effect of the acreage for all
204	small scale development amendments adopted by the local
205	government shall not exceed:
206	(I)  A maximum of 120 acres in a local government that
207	contains areas specifically designated in the local
208	comprehensive plan for urban infill, urban redevelopment, or
209	downtown revitalization as defined in s. 163.3164, urban infill
210	and redevelopment areas designated under s. 163.2517,
211	transportation concurrency exception areas approved pursuant to
212	s. 163.3180(5), or regional activity centers and urban central
213	business districts approved pursuant to s. 380.06(2)(e);
214	however, amendments under this paragraph may be applied to no
215	more than 60 acres annually of property outside the designated
216	areas listed in this sub-sub-subparagraph. Amendments adopted
217	pursuant to paragraph (k) shall not be counted toward the
218	acreage limitations for small scale amendments under this
219	paragraph.
220	(II)  A maximum of 80 acres in a local government that does
221	not contain any of the designated areas set forth in sub-sub-
222	subparagraph (I).
223	(III)  A maximum of 120 acres in a county established
224	pursuant to s. 9, Art. VIII of the State Constitution.
225	b.  The proposed amendment does not involve the same
226	property granted a change within the prior 12 months.
227	c.  The proposed amendment does not involve the same
228	owner's property within 200 feet of property granted a change
229	within the prior 12 months.
230	d.  The proposed amendment does not involve a text change
231	to the goals, policies, and objectives of the local government's
232	comprehensive plan, but only proposes a land use change to the
233	future land use map for a site-specific small scale development
234	activity.
235	e.  The property that is the subject of the proposed
236	amendment is not located within an area of critical state
237	concern, unless the project subject to the proposed amendment
238	involves the construction of affordable housing units meeting
239	the criteria of s. 420.0004(3), and is located within an area of
240	critical state concern designated by s. 380.0552 or by the
241	Administration Commission pursuant to s. 380.05(1). Such
242	amendment is not subject to the density limitations of sub-
243	subparagraph f., and shall be reviewed by the state land
244	planning agency for consistency with the principles for guiding
245	development applicable to the area of critical state concern
246	where the amendment is located and shall not become effective
247	until a final order is issued under s. 380.05(6).
248	f.  If the proposed amendment involves a residential land
249	use, the residential land use has a density of 10 units or less
250	per acre or the proposed future land use category allows a
251	maximum residential density of the same or less than the maximum
252	residential density allowable under the existing future land use
253	category, except that this limitation does not apply to small
254	scale amendments involving the construction of affordable
255	housing units meeting the criteria of s. 420.0004(3) on property
256	which will be the subject of a land use restriction agreement or
257	extended use agreement recorded in conjunction with the issuance
258	of tax exempt bond financing or an allocation of federal tax
259	credits issued through the Florida Housing Finance Corporation
260	or a local housing finance authority authorized by the Division
261	of Bond Finance of the State Board of Administration, or small
262	scale amendments described in sub-sub-subparagraph a.(I) that
263	are designated in the local comprehensive plan for urban infill,
264	urban redevelopment, or downtown revitalization as defined in s.
265	163.3164, urban infill and redevelopment areas designated under
266	s. 163.2517, transportation concurrency exception areas approved
267	pursuant to s. 163.3180(5), or regional activity centers and
268	urban central business districts approved pursuant to s.
269	380.06(2)(e).
270	2.a.  A local government that proposes to consider a plan
271	amendment pursuant to this paragraph is not required to comply
272	with the procedures and public notice requirements of s.
273	163.3184(15)(c) for such plan amendments if the local government
274	complies with the provisions in s. 125.66(4)(a) for a county or
275	in s. 166.041(3)(c) for a municipality. If a request for a plan
276	amendment under this paragraph is initiated by other than the
277	local government, public notice is required.
278	b.  The local government shall send copies of the notice
279	and amendment to the state land planning agency, the regional
280	planning council, and any other person or entity requesting a
281	copy. This information shall also include a statement
282	identifying any property subject to the amendment that is
283	located within a coastal high-hazard area as identified in the
284	local comprehensive plan.
285	3.  Small scale development amendments adopted pursuant to
286	this paragraph require only one public hearing before the
287	governing board, which shall be an adoption hearing as described
288	in s. 163.3184(7), and are not subject to the requirements of s.
289	163.3184(3)-(6) unless the local government elects to have them
290	subject to those requirements.
291	4.  If the small scale development amendment involves a
292	site within an area that is designated by the Governor as a
293	rural area of critical economic concern under s. 288.0656(7) for
294	the duration of such designation, the 10-acre limit listed in
295	subparagraph 1. shall be increased by 100 percent to 20 acres.
296	The local government approving the small scale plan amendment
297	shall certify to the Office of Tourism, Trade, and Economic
298	Development that the plan amendment furthers the economic
299	objectives set forth in the executive order issued under s.
300	288.0656(7), and the property subject to the plan amendment
301	shall undergo public review to ensure that all concurrency
302	requirements and federal, state, and local environmental permit
303	requirements are met.
304	Section 4.  Section 166.0451, Florida Statutes, is created
305	to read:
306	166.0451  Disposition of municipal property for affordable
307	housing.--
308	(1)  By January 1, 2007, and every 3 years thereafter, each
309	municipality shall prepare an inventory list of all real
310	property within its jurisdiction to which the municipality holds
311	fee simple title. The inventory list must include the address
312	and legal description of each property and specify whether the
313	property is vacant or improved. Municipal planning staff shall
314	review the inventory list and identify each real property that
315	is appropriate for use as affordable housing. The time for
316	preparing the inventory list and its review by municipal
317	planning staff may not exceed 6 months. The properties
318	identified as appropriate for use as affordable housing may be
319	offered for sale and the proceeds used to purchase land for the
320	development of affordable housing or donated to the local
321	housing trust fund, sold with a restriction that requires any
322	development on the property to include a specified percentage of
323	permanent affordable housing, or donated to a nonprofit housing
324	organization for the construction of permanent affordable
325	housing.
326	(2)  Upon completing an inventory list in compliance with
327	this section, the governing body of the municipality shall hold
328	at least two public hearings to discuss the inventory list and
329	the recommendation of the staff concerning which properties are
330	appropriate for use as affordable housing. The governing body
331	shall comply with s. 166.041(3)(c)2.a. regarding the
332	advertisement of the public hearings and shall hold the first
333	hearing no later than 30 days after completing the inventory
334	list. The governing body shall approve the inventory list
335	through the adoption of a resolution at the second hearing no
336	later than 6 months after completing the inventory list.
337	(3)  After the inventory list has been approved by
338	resolution, the governing body of the municipality shall
339	immediately make available any real property that has been
340	identified in the inventory list as appropriate for use as
341	affordable housing. The municipality shall make the surplus real
342	property available to:
343	(a)  A private developer if the purchase price paid by the
344	developer is not less than the appraised value of the property
345	based on its highest and best use and the real property is sold
346	with deed restrictions that require a specified percentage of
347	any project developed on the real property to provide affordable
348	housing for low-income and moderate-income persons, with a
349	minimum of 10 percent of the units in the project available for
350	low-income persons and another 10 percent of the units available
351	for moderate-income persons for a total minimum of 20 percent,
352	or, if providing rental housing or a combination of rental
353	housing and homeownership, an additional 5 percent of the units
354	available for very-low-income persons for a total minimum of 25
355	percent;
356	(b)  A private developer without any requirement that a
357	percentage of the units built on the real property be affordable
358	if the purchase price paid by the developer is not less than the
359	appraised value of the property based on its highest and best
360	use, in which case the municipality must use the funds received
361	from the developer to acquire real property on which affordable
362	housing will be built or donate the funds to the local housing
363	trust fund for the purpose of implementing the programs
364	described in ss. 420.907-420.9079; or
365	(c)  A nonprofit housing organization, such as a community
366	land trust, housing authority, or community land trust, housing
367	authority, or community redevelopment agency to be used for the
368	production and preservation of permanently affordable housing.
369	(4)  The deed restrictions required under paragraph (3)(a)
370	for an affordable housing unit must also prohibit the sale of
371	the unit at a price that exceeds the threshold for housing that
372	is affordable for low-income or moderate-income persons or to a
373	buyer who is not eligible due to his or her income under chapter
374	420. The deed restrictions may allow the affordable housing
375	units created under paragraph (3)(a) to be rented to extremely
376	low-income, very-low-income, low-income, or moderate-income
377	persons.
378	(5)  For purposes of this section, the terms "affordable,"
379	"extremely low-income persons," "low-income persons," "moderate-
380	income persons," and "very-low-income persons" have the same
381	meaning as in s. 420.0004.
382	Section 5.  Subsection (6) is added to section 189.4155,
383	Florida Statutes, to read:
384	189.4155  Activities of special districts; local government
385	comprehensive planning.--
386	(6)  Any independent special district created pursuant to
387	special act or general law, including, but not limited to, this
388	chapter and chapters 190, 191, and 298, for the purpose of
389	providing urban infrastructure of services, is authorized to
390	provide housing and housing assistance for persons eligible
391	under s. 420.5095.
392	Section 6.  Subsection (19) is added to section 191.006,
393	Florida Statutes, to read:
394	191.006  General powers.--The district shall have, and the
395	board may exercise by majority vote, the following powers:
396	(19)  To provide housing and housing assistance for persons
397	eligible under s. 420.5095.
398	Section 7.  Subsection (5) is added to section 193.017,
399	Florida Statutes, to read:
400	193.017  Low-income housing tax credit.--Property used for
401	affordable housing which has received a low-income housing tax
402	credit from the Florida Housing Finance Corporation, as
403	authorized by s. 420.5099, shall be assessed under s. 193.011
404	and, consistent with s. 420.5099(5) and (6), pursuant to this
405	section.
406	(5)  If a capitalization rate is used to assess just
407	valuation for the affordable housing property, the appraiser
408	shall use a capitalization rate that is comparable to a rate
409	used for nonaffordable market-based properties.
410	Section 8.  Section 193.018, Florida Statutes, is created
411	to read:
412	193.018  The Manny Diaz Affordable Housing Property Tax
413	Relief Initiative.--
414	(1)  For the purpose of assessing just valuation of
415	affordable housing properties serving persons with income limits
416	defined as extremely low, low, moderate, and very low, as
417	specified in s. 420.0004(8), (10), (11), and (15), the actual
418	rental income from rent-restricted units in such a property
419	shall be recognized by the property appraiser for assessment
420	purposes, and a rental income approach pursuant to s. 193.011(7)
421	shall be used for assessment of the rents for the following
422	affordable housing properties:
423	(a)  Property that is funded by the United States
424	Department of Housing and Urban Development under s. 8 of the
425	United States Housing Act of 1937 that is used to provide
426	affordable housing serving eligible persons as defined by s.
427	159.603(7) and elderly persons, extremely low-income persons,
428	and very-low-income persons as defined by s. 420.0004(7), (8),
429	and (15) and that has undergone financial restructuring as
430	provided in s. 501, Title V, Subtitle A of the Multifamily
431	Assisted Housing Reform and Affordability Act of 1997;
432	(b)  Multifamily, farmworker, or elderly rental properties
433	that are funded by the Florida Housing Finance Corporation under
434	ss. 420.5087 and 420.5089 and the State Housing Initiatives
435	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
436	the Internal Revenue Code; the HOME Investment Partnership
437	Program under the Cranston-Gonzalez National Affordable Housing
438	Act, 42 U.S.C. s. 12741 et seq.; or the Federal Home Loan Banks'
439	Affordable Housing Program established pursuant to the Financial
440	Institutions Reform, Recovery and Enforcement Act of 1989, Pub.
441	L. No. 101-73; or
442	(c)  Multifamily residential rental properties of 10 or
443	more units that are certified by the local housing agency as
444	having at least 95 percent of its units providing affordable
445	housing to extremely low-income persons, very-low-income
446	persons, low-income persons, and moderate-income persons as
447	defined by s. 420.0004(8), (15), (10), and (11).
448	(2)  Properties used for affordable housing which have
449	received a low-income housing tax credit from the Florida
450	Housing Finance Corporation, as authorized by s. 420.5099, shall
451	be assessed with priority consideration given to the rental
452	income approach under s. 193.011(7) and, consistent with s.
453	420.5099(5) and (6), pursuant to this section, the following
454	assumptions shall apply:
455	(a)  The tax credits granted and the financing generated by
456	the tax credits may not be considered as income to the property.
457	(b)  The actual rental income from rent-restricted units in
458	such a property shall be recognized by the property appraiser as
459	the real rents for assessing just value.
460	(c)  Any costs paid for by tax credits and costs paid for
461	by additional financing proceeds received under chapter 420 may
462	not be included in the valuation of the property.
463	(d)  If an extended low-income housing agreement is filed
464	in the official public records of the county in which the
465	property is located, the agreement, and any recorded amendment
466	or supplement thereto, shall be considered a land-use regulation
467	and a limitation on the highest and best use of the property
468	during the term of the agreement, amendment, or supplement.
469	Section 9.  Section 196.1978, Florida Statutes, is amended
470	to read:
471	196.1978  Affordable housing property exemption.--
472	(1)  Property used to provide affordable housing serving
473	eligible persons as defined by s. 159.603(7) and persons meeting
474	income limits specified in s. 420.0004(10)(9), (11)(10), and
475	(15)(14), which property is owned entirely by a nonprofit entity
476	which is qualified as charitable under s. 501(c)(3) of the
477	Internal Revenue Code and which complies with Rev. Proc. 96-32,
478	1996-1 C.B. 717, shall be considered property owned by an exempt
479	entity and used for a charitable purpose, and those portions of
480	the affordable housing property which provide housing to
481	individuals with incomes as defined in s. 420.0004(10)(9) and
482	(15)(14) shall be exempt from ad valorem taxation to the extent
483	authorized in s. 196.196.
484	(2)  For the purposes of this section, ownership entirely
485	by a nonprofit entity is classified as ownership by either:
486	(a)  A corporation not for profit; or
487	(b)  A Florida limited partnership the sole general partner
488	of which is either a corporation not for profit or a Florida
489	limited liability company or corporation the sole member or
490	shareholder, respectively, of which is a corporation not for
491	profit.
492	(3)  All property owned by a nonprofit entity identified in
493	this section shall comply with the criteria for determination of
494	exempt status to be applied by property appraisers on an annual
495	basis as defined in s. 196.195. The Legislature intends that any
496	property owned by a limited liability company which is
497	disregarded as an entity for federal income tax purposes
498	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
499	treated as owned by its sole member.
500	Section 10.  Effective July 1, 2007, subsections (9) and
501	(10) of section 201.15, Florida Statutes, as amended by section
502	1 of chapter 2005-92, Laws of Florida, are amended to read:
503	201.15  Distribution of taxes collected.--All taxes
504	collected under this chapter shall be distributed as follows and
505	shall be subject to the service charge imposed in s. 215.20(1),
506	except that such service charge shall not be levied against any
507	portion of taxes pledged to debt service on bonds to the extent
508	that the amount of the service charge is required to pay any
509	amounts relating to the bonds:
510	(9)  The lesser of Seven and fifty-three hundredths percent
511	of the remaining taxes collected under this chapter or $107
512	million in each fiscal year shall be paid into the State
513	Treasury to the credit of the State Housing Trust Fund and shall
514	be used as follows:
515	(a)  Half of that amount shall be used for the purposes for
516	which the State Housing Trust Fund was created and exists by
517	law.
518	(b)  Half of that amount shall be paid into the State
519	Treasury to the credit of the Local Government Housing Trust
520	Fund and shall be used for the purposes for which the Local
521	Government Housing Trust Fund was created and exists by law.
522	(10)  The lesser of Eight and sixty-six hundredths percent
523	of the remaining taxes collected under this chapter or $136
524	million in each fiscal year shall be paid into the State
525	Treasury to the credit of the State Housing Trust Fund and shall
526	be used as follows:
527	(a)  Twelve and one-half percent of that amount shall be
528	deposited into the State Housing Trust Fund and be expended by
529	the Department of Community Affairs and by the Florida Housing
530	Finance Corporation for the purposes for which the State Housing
531	Trust Fund was created and exists by law.
532	(b)  Eighty-seven and one-half percent of that amount shall
533	be distributed to the Local Government Housing Trust Fund and
534	shall be used for the purposes for which the Local Government
535	Housing Trust Fund was created and exists by law. Funds from
536	this category may also be used to provide for state and local
537	services to assist the homeless.
538	Section 11.  Paragraphs (o) and (q) of subsection (5) of
539	section 212.08, Florida Statutes, are amended to read:
540	212.08  Sales, rental, use, consumption, distribution, and
541	storage tax; specified exemptions.--The sale at retail, the
542	rental, the use, the consumption, the distribution, and the
543	storage to be used or consumed in this state of the following
544	are hereby specifically exempt from the tax imposed by this
545	chapter.
546	(5)  EXEMPTIONS; ACCOUNT OF USE.--
547	(o)  Building materials in redevelopment projects.--
548	1.  As used in this paragraph, the term:
549	a.  "Building materials" means tangible personal property
550	that becomes a component part of a housing project or a mixed-
551	use project.
552	b.  "Housing project" means the conversion of an existing
553	manufacturing or industrial building to housing units in an
554	urban high-crime area, enterprise zone, empowerment zone, Front
555	Porch Community, designated brownfield area, or urban infill
556	area and in which the developer agrees to set aside at least 20
557	percent of the housing units in the project for low-income and
558	moderate-income persons or the construction in a designated
559	brownfield area of affordable housing for persons described in
560	s. 420.0004(8)(9), (11)(10), or (15)(14), or in s. 159.603(7).
561	c.  "Mixed-use project" means the conversion of an existing
562	manufacturing or industrial building to mixed-use units that
563	include artists' studios, art and entertainment services, or
564	other compatible uses. A mixed-use project must be located in an
565	urban high-crime area, enterprise zone, empowerment zone, Front
566	Porch Community, designated brownfield area, or urban infill
567	area, and the developer must agree to set aside at least 20
568	percent of the square footage of the project for low-income and
569	moderate-income housing.
570	d.  "Substantially completed" has the same meaning as
571	provided in s. 192.042(1).
572	2.  Building materials used in the construction of a
573	housing project or mixed-use project are exempt from the tax
574	imposed by this chapter upon an affirmative showing to the
575	satisfaction of the department that the requirements of this
576	paragraph have been met. This exemption inures to the owner
577	through a refund of previously paid taxes. To receive this
578	refund, the owner must file an application under oath with the
579	department which includes:
580	a.  The name and address of the owner.
581	b.  The address and assessment roll parcel number of the
582	project for which a refund is sought.
583	c.  A copy of the building permit issued for the project.
584	d.  A certification by the local building code inspector
585	that the project is substantially completed.
586	e.  A sworn statement, under penalty of perjury, from the
587	general contractor licensed in this state with whom the owner
588	contracted to construct the project, which statement lists the
589	building materials used in the construction of the project and
590	the actual cost thereof, and the amount of sales tax paid on
591	these materials. If a general contractor was not used, the owner
592	shall provide this information in a sworn statement, under
593	penalty of perjury. Copies of invoices evidencing payment of
594	sales tax must be attached to the sworn statement.
595	3.  An application for a refund under this paragraph must
596	be submitted to the department within 6 months after the date
597	the project is deemed to be substantially completed by the local
598	building code inspector. Within 30 working days after receipt of
599	the application, the department shall determine if it meets the
600	requirements of this paragraph. A refund approved pursuant to
601	this paragraph shall be made within 30 days after formal
602	approval of the application by the department. The provisions of
603	s. 212.095 do not apply to any refund application made under
604	this paragraph.
605	4.  The department shall establish by rule an application
606	form and criteria for establishing eligibility for exemption
607	under this paragraph.
608	5.  The exemption shall apply to purchases of materials on
609	or after July 1, 2000.
610	(q)  Community contribution tax credit for donations.--
611	1.  Authorization.--Beginning July 1, 2001, Persons who are
612	registered with the department under s. 212.18 to collect or
613	remit sales or use tax and who make donations to eligible
614	sponsors are eligible for tax credits against their state sales
615	and use tax liabilities as provided in this paragraph:
616	a.  The credit shall be computed as 50 percent of the
617	person's approved annual community contribution.;
618	b.  The credit shall be granted as a refund against state
619	sales and use taxes reported on returns and remitted in the 12
620	months preceding the date of application to the department for
621	the credit as required in sub-subparagraph 3.c. If the annual
622	credit is not fully used through such refund because of
623	insufficient tax payments during the applicable 12-month period,
624	the unused amount may be included in an application for a refund
625	made pursuant to sub-subparagraph 3.c. in subsequent years
626	against the total tax payments made for such year. Carryover
627	credits may be applied for a 3-year period without regard to any
628	time limitation that would otherwise apply under s. 215.26.;
629	c.  A person may not receive more than $200,000 in annual
630	tax credits for all approved community contributions made in any
631	one year.;
632	d.  All proposals for the granting of the tax credit
633	require the prior approval of the Office of Tourism, Trade, and
634	Economic Development.;
635	e.  The total amount of tax credits which may be granted
636	for all programs approved under this paragraph, s. 220.183, and
637	s. 624.5105 is $10 $12 million annually for projects that
638	provide homeownership opportunities for low-income or very-low-
639	income persons as defined in s. 420.9071(19) and (28) and $3
640	million annually for all other projects.; and
641	f.  A person who is eligible to receive the credit provided
642	for in this paragraph, s. 220.183, or s. 624.5105 may receive
643	the credit only under the one section of the person's choice.
644	2.  Eligibility requirements.--
645	a.  A community contribution by a person must be in the
646	following form:
647	(I)  Cash or other liquid assets;
648	(II)  Real property;
649	(III)  Goods or inventory; or
650	(IV)  Other physical resources as identified by the Office
651	of Tourism, Trade, and Economic Development.
652	b.  All community contributions must be reserved
653	exclusively for use in a project. As used in this sub-
654	subparagraph, the term "project" means any activity undertaken
655	by an eligible sponsor which is designed to construct, improve,
656	or substantially rehabilitate housing that is affordable to low-
657	income or very-low-income households as defined in s.
658	420.9071(19) and (28); designed to provide commercial,
659	industrial, or public resources and facilities; or designed to
660	improve entrepreneurial and job-development opportunities for
661	low-income persons. A project may be the investment necessary to
662	increase access to high-speed broadband capability in rural
663	communities with enterprise zones, including projects that
664	result in improvements to communications assets that are owned
665	by a business. A project may include the provision of museum
666	educational programs and materials that are directly related to
667	any project approved between January 1, 1996, and December 31,
668	1999, and located in an enterprise zone designated pursuant to
669	s. 290.0065. This paragraph does not preclude projects that
670	propose to construct or rehabilitate housing for low-income or
671	very-low-income households on scattered sites. With respect to
672	housing, contributions may be used to pay the following eligible
673	low-income and very-low-income housing-related activities:
674	(I)  Project development impact and management fees for
675	low-income or very-low-income housing projects;
676	(II)  Down payment and closing costs for eligible persons,
677	as defined in s. 420.9071(19) and (28);
678	(III)  Administrative costs, including housing counseling
679	and marketing fees, not to exceed 10 percent of the community
680	contribution, directly related to low-income or very-low-income
681	projects; and
682	(IV)  Removal of liens recorded against residential
683	property by municipal, county, or special district local
684	governments when satisfaction of the lien is a necessary
685	precedent to the transfer of the property to an eligible person,
686	as defined in s. 420.9071(19) and (28), for the purpose of
687	promoting home ownership. Contributions for lien removal must be
688	received from a nonrelated third party.
689	c.  The project must be undertaken by an "eligible
690	sponsor," which includes:
691	(I)  A community action program;
692	(II)  A nonprofit community-based development organization
693	whose mission is the provision of housing for low-income or
694	very-low-income households or increasing entrepreneurial and
695	job-development opportunities for low-income persons;
696	(III)  A neighborhood housing services corporation;
697	(IV)  A local housing authority created under chapter 421;
698	(V)  A community redevelopment agency created under s.
699	163.356;
700	(VI)  The Florida Industrial Development Corporation;
701	(VII)  A historic preservation district agency or
702	organization;
703	(VIII)  A regional workforce board;
704	(IX)  A direct-support organization as provided in s.
705	1009.983;
706	(X)  An enterprise zone development agency created under s.
707	290.0056;
708	(XI)  A community-based organization incorporated under
709	chapter 617 which is recognized as educational, charitable, or
710	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
711	and whose bylaws and articles of incorporation include
712	affordable housing, economic development, or community
713	development as the primary mission of the corporation;
714	(XII)  Units of local government;
715	(XIII)  Units of state government; or
716	(XIV)  Any other agency that the Office of Tourism, Trade,
717	and Economic Development designates by rule.
718
719	In no event may a contributing person have a financial interest
720	in the eligible sponsor.
721	d.  The project must be located in an area designated an
722	enterprise zone or a Front Porch Florida Community pursuant to
723	s. 20.18(6), unless the project increases access to high-speed
724	broadband capability for rural communities with enterprise zones
725	but is physically located outside the designated rural zone
726	boundaries. Any project designed to construct or rehabilitate
727	housing for low-income or very-low-income households as defined
728	in s. 420.0971(19) and (28) is exempt from the area requirement
729	of this sub-subparagraph.
730	e.(I)  For the first 6 months of the fiscal year, the
731	Office of Tourism, Trade, and Economic Development shall reserve
732	80 percent of the first $10 million in available annual tax
733	credits and 70 percent of any available annual tax credits in
734	excess of $10 million for donations made to eligible sponsors
735	for projects that provide homeownership opportunities for low-
736	income or very-low-income households as defined in s.
737	420.9071(19) and (28). If any such reserved annual tax credits
738	remain after the first 6 months of the fiscal year, the office
739	may approve the balance of these available credits for donations
740	made to eligible sponsors for projects other than those that
741	provide homeownership opportunities for low-income or very-low-
742	income households.
743	(II)  For the first 6 months of the fiscal year, the office
744	shall reserve 20 percent of the first $10 million in available
745	annual tax credits and 30 percent of any available annual tax
746	credits in excess of $10 million for donations made to eligible
747	sponsors for projects other than those that provide
748	homeownership opportunities for low-income or very-low-income
749	households as defined in s. 420.9071(19) and (28). If any
750	reserved annual tax credits remain after the first 6 months of
751	the fiscal year, the office may approve the balance of these
752	available credits for donations made to eligible sponsors for
753	projects that provide homeownership opportunities for low-income
754	or very-low-income households.
755	(III)  If, during the first 10 business days of the state
756	fiscal year, eligible tax credit applications for projects that
757	provide homeownership opportunities for low-income or very-low-
758	income persons as defined in s. 420.9071(19) and (28) are
759	received for less than the available annual tax credits
760	available for those projects reserved under sub-sub-subparagraph
761	(I), the office shall grant tax credits for those applications
762	and shall grant remaining tax credits on a first-come, first-
763	served basis for any subsequent eligible applications received
764	before the end of the first 6 months of the state fiscal year.
765	If, during the first 10 business days of the state fiscal year,
766	eligible tax credit applications for projects that provide
767	homeownership opportunities for low-income or very-low-income
768	persons as defined in s. 420.9071(19) and (28) are received for
769	more than the available annual tax credits available for those
770	projects reserved under sub-sub-subparagraph (I), the office
771	shall grant the tax credits for those the applications as
772	follows:
773	(A)  If tax credit applications submitted for approved
774	projects of an eligible sponsor do not exceed $200,000 in total,
775	the credits shall be granted in full if the tax credit
776	applications are approved, subject to sub-sub-subparagraph (I).
777	(B)  If tax credit applications submitted for approved
778	projects of an eligible sponsor exceed $200,000 in total, the
779	amount of tax credits granted pursuant to sub-sub-sub-
780	subparagraph (A) shall be subtracted from the amount of
781	available tax credits under sub-sub-subparagraph (I), and the
782	remaining credits shall be granted to each approved tax credit
783	application on a pro rata basis.
784	(C)  If, after the first 6 months of the fiscal year,
785	additional credits become available under sub-sub-subparagraph
786	(II), the office shall grant the tax credits by first granting
787	to those who received a pro rata reduction up to the full amount
788	of their request and, if there are remaining credits, granting
789	credits to those who applied on or after the 11th business day
790	of the state fiscal year on a first-come, first-served basis.
791	(II)(IV)  If, during the first 10 business days of the
792	state fiscal year, eligible tax credit applications for projects
793	other than those that provide homeownership opportunities for
794	low-income or very-low-income persons as defined in s.
795	420.9071(19) and (28) are received for less than the available
796	annual tax credits available for those projects reserved under
797	sub-sub-subparagraph (II), the office shall grant tax credits
798	for those applications and shall grant remaining tax credits on
799	a first-come, first-served basis for any subsequent eligible
800	applications received before the end of the first 6 months of
801	the state fiscal year. If, during the first 10 business days of
802	the state fiscal year, eligible tax credit applications for
803	projects other than those that provide homeownership
804	opportunities for low-income or very-low-income persons as
805	defined in s. 420.9071(19) and (28) are received for more than
806	the available annual tax credits available for those projects
807	reserved under sub-sub-subparagraph (II), the office shall grant
808	the tax credits for those the applications on a pro rata basis.
809	If, after the first 6 months of the fiscal year, additional
810	credits become available under sub-sub-subparagraph (I), the
811	office shall grant the tax credits by first granting to those
812	who received a pro rata reduction up to the full amount of their
813	request and, if there are remaining credits, granting credits to
814	those who applied on or after the 11th business day of the state
815	fiscal year on a first-come, first-served basis.
816	3.  Application requirements.--
817	a.  Any eligible sponsor seeking to participate in this
818	program must submit a proposal to the Office of Tourism, Trade,
819	and Economic Development which sets forth the name of the
820	sponsor, a description of the project, and the area in which the
821	project is located, together with such supporting information as
822	is prescribed by rule. The proposal must also contain a
823	resolution from the local governmental unit in which the project
824	is located certifying that the project is consistent with local
825	plans and regulations.
826	b.  Any person seeking to participate in this program must
827	submit an application for tax credit to the office of Tourism,
828	Trade, and Economic Development which sets forth the name of the
829	sponsor, a description of the project, and the type, value, and
830	purpose of the contribution. The sponsor shall verify the terms
831	of the application and indicate its receipt of the contribution,
832	which verification must be in writing and accompany the
833	application for tax credit. The person must submit a separate
834	tax credit application to the office for each individual
835	contribution that it makes to each individual project.
836	c.  Any person who has received notification from the
837	office of Tourism, Trade, and Economic Development that a tax
838	credit has been approved must apply to the department to receive
839	the refund. Application must be made on the form prescribed for
840	claiming refunds of sales and use taxes and be accompanied by a
841	copy of the notification. A person may submit only one
842	application for refund to the department within any 12-month
843	period.
844	4.  Administration.--
845	a.  The Office of Tourism, Trade, and Economic Development
846	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
847	to administer this paragraph, including rules for the approval
848	or disapproval of proposals by a person.
849	b.  The decision of the office of Tourism, Trade, and
850	Economic Development must be in writing, and, if approved, the
851	notification shall state the maximum credit allowable to the
852	person. Upon approval, the office shall transmit a copy of the
853	decision to the Department of Revenue.
854	c.  The office of Tourism, Trade, and Economic Development
855	shall periodically monitor all projects in a manner consistent
856	with available resources to ensure that resources are used in
857	accordance with this paragraph; however, each project must be
858	reviewed at least once every 2 years.
859	d.  The office of Tourism, Trade, and Economic Development
860	shall, in consultation with the Department of Community Affairs,
861	the Florida Housing Finance Corporation, and the statewide and
862	regional housing and financial intermediaries, market the
863	availability of the community contribution tax credit program to
864	community-based organizations.
865	5.  Expiration.--This paragraph expires June 30, 2015;
866	however, any accrued credit carryover that is unused on that
867	date may be used until the expiration of the 3-year carryover
868	period for such credit.
869	Section 12.  Paragraph (c) of subsection (1) and paragraph
870	(b) of subsection (2) of section 220.183, Florida Statutes, are
871	amended to read:
872	220.183  Community contribution tax credit.--
873	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
874	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
875	SPENDING.--
876	(c)  The total amount of tax credit which may be granted
877	for all programs approved under this section, s. 212.08(5)(q),
878	and s. 624.5105 is $10 $12 million annually for projects that
879	provide homeownership opportunities for low-income or very-low-
880	income persons as defined in s. 420.9071(19) and (28) and $3
881	million annually for all other projects.
882	(2)  ELIGIBILITY REQUIREMENTS.--
883	(b)1.  All community contributions must be reserved
884	exclusively for use in projects as defined in s. 220.03(1)(t).
885	2.  For the first 6 months of the fiscal year, the Office
886	of Tourism, Trade, and Economic Development shall reserve 80
887	percent of the first $10 million in available annual tax
888	credits, and 70 percent of any available annual tax credits in
889	excess of $10 million, for donations made to eligible sponsors
890	for projects that provide homeownership opportunities for low-
891	income or very-low-income households as defined in s.
892	420.9071(19) and (28). If any reserved annual tax credits remain
893	after the first 6 months of the fiscal year, the office may
894	approve the balance of these available credits for donations
895	made to eligible sponsors for projects other than those that
896	provide homeownership opportunities for low-income or very-low-
897	income households.
898	3.  For the first 6 months of the fiscal year, the office
899	shall reserve 20 percent of the first $10 million in available
900	annual tax credits, and 30 percent of any available annual tax
901	credits in excess of $10 million, for donations made to eligible
902	sponsors for projects other than those that provide
903	homeownership opportunities for low-income or very-low-income
904	households as defined in s. 420.9071(19) and (28). If any
905	reserved annual tax credits remain after the first 6 months of
906	the fiscal year, the office may approve the balance of these
907	available credits for donations made to eligible sponsors for
908	projects that provide homeownership opportunities for low-income
909	or very-low-income households.
910	2.4.  If, during the first 10 business days of the state
911	fiscal year, eligible tax credit applications for projects that
912	provide homeownership opportunities for low-income or very-low-
913	income persons as defined in s. 420.9071(19) and (28) are
914	received for less than the available annual tax credits
915	available for those projects reserved under subparagraph 2., the
916	office shall grant tax credits for those applications and shall
917	grant remaining tax credits on a first-come, first-served basis
918	for any subsequent eligible applications received before the end
919	of the first 6 months of the state fiscal year. If, during the
920	first 10 business days of the state fiscal year, eligible tax
921	credit applications for projects that provide homeownership
922	opportunities for low-income or very-low-income persons as
923	defined in s. 420.9071(19) and (28) are received for more than
924	the available annual tax credits available for those projects
925	reserved under subparagraph 2., the office shall grant the tax
926	credits for those such applications as follows:
927	a.  If tax credit applications submitted for approved
928	projects of an eligible sponsor do not exceed $200,000 in total,
929	the credit shall be granted in full if the tax credit
930	applications are approved, subject to the provisions of
931	subparagraph 2.
932	b.  If tax credit applications submitted for approved
933	projects of an eligible sponsor exceed $200,000 in total, the
934	amount of tax credits granted under sub-subparagraph a. shall be
935	subtracted from the amount of available tax credits under
936	subparagraph 2., and the remaining credits shall be granted to
937	each approved tax credit application on a pro rata basis.
938	c.  If, after the first 6 months of the fiscal year,
939	additional credits become available pursuant to subparagraph 3.,
940	the office shall grant the tax credits by first granting to
941	those who received a pro rata reduction up to the full amount of
942	their request and, if there are remaining credits, granting
943	credits to those who applied on or after the 11th business day
944	of the state fiscal year on a first-come, first-served basis.
945	3.5.  If, during the first 10 business days of the state
946	fiscal year, eligible tax credit applications for projects other
947	than those that provide homeownership opportunities for low-
948	income or very-low-income persons as defined in s. 420.9071(19)
949	and (28) are received for less than the available annual tax
950	credits available for those projects reserved under subparagraph
951	3., the office shall grant tax credits for those applications
952	and shall grant remaining tax credits on a first-come, first-
953	served basis for any subsequent eligible applications received
954	before the end of the first 6 months of the state fiscal year.
955	If, during the first 10 business days of the state fiscal year,
956	eligible tax credit applications for projects other than those
957	that provide homeownership opportunities for low-income or very-
958	low-income persons as defined in s. 420.9071(19) and (28) are
959	received for more than the available annual tax credits
960	available for those projects reserved under subparagraph 3., the
961	office shall grant the tax credits for those such applications
962	on a pro rata basis. If, after the first 6 months of the fiscal
963	year, additional credits become available under subparagraph 2.,
964	the office shall grant the tax credits by first granting to
965	those who received a pro rata reduction up to the full amount of
966	their request and, if there are remaining credits, granting
967	credits to those who applied on or after the 11th business day
968	of the state fiscal year on a first-come, first-served basis.
969	Section 13.  Paragraph (f) of subsection (6) of section
970	253.034, Florida Statutes, is amended to read:
971	253.034  State-owned lands; uses.--
972	(6)  The Board of Trustees of the Internal Improvement
973	Trust Fund shall determine which lands, the title to which is
974	vested in the board, may be surplused. For conservation lands,
975	the board shall make a determination that the lands are no
976	longer needed for conservation purposes and may dispose of them
977	by an affirmative vote of at least three members. In the case of
978	a land exchange involving the disposition of conservation lands,
979	the board must determine by an affirmative vote of at least
980	three members that the exchange will result in a net positive
981	conservation benefit. For all other lands, the board shall make
982	a determination that the lands are no longer needed and may
983	dispose of them by an affirmative vote of at least three
984	members.
985	(f)1.  In reviewing lands owned by the board, the council
986	shall consider whether such lands would be more appropriately
987	owned or managed by the county or other unit of local government
988	in which the land is located. A local government may request
989	that state lands be specifically declared surplus lands for the
990	purpose of providing affordable housing. The council shall
991	recommend to the board whether a sale, lease, or other
992	conveyance to a local government would be in the best interests
993	of the state and local government. The provisions of this
994	paragraph in no way limit the provisions of ss. 253.111 and
995	253.115. Such lands shall be offered to the state, county, or
996	local government for a period of 30 days. Permittable uses for
997	such surplus lands may include public schools; public libraries;
998	fire or law enforcement substations; and governmental, judicial,
999	or recreational centers; and affordable housing. County or local
1000	government requests for surplus lands shall be expedited
1001	throughout the surplusing process. Surplus lands that are
1002	conveyed to a local government for affordable housing shall be
1003	disposed of under the provisions of s. 125.379 or s. 166.0451.
1004	If the county or local government does not elect to purchase
1005	such lands in accordance with s. 253.111, then any surplusing
1006	determination involving other governmental agencies shall be
1007	made upon the board deciding the best public use of the lands.
1008	Surplus properties in which governmental agencies have expressed
1009	no interest shall then be available for sale on the private
1010	market.
1011	2.  Notwithstanding subparagraph 1., any surplus lands that
1012	were acquired by the state prior to 1958 by a gift or other
1013	conveyance for no consideration from a municipality, and which
1014	the department has filed by July 1, 2006, a notice of its intent
1015	to surplus, shall be first offered for reconveyance to such
1016	municipality at no cost, but for the fair market value of any
1017	building or other improvements to the land, unless otherwise
1018	provided in a deed restriction of record. This subparagraph
1019	expires July 1, 2006.
1020	Section 14.  Section 295.16, Florida Statutes, is amended
1021	to read:
1022	295.16  Disabled veterans exempt from certain license or
1023	permit fee.--No totally and permanently disabled veteran who is
1024	a resident of Florida and honorably discharged from the Armed
1025	Forces, who has been issued a valid identification card by the
1026	Department of Veterans' Affairs in accordance with s. 295.17 or
1027	has been determined by the United States Department of Veterans
1028	Affairs or its predecessor to have a service-connected 100-
1029	percent disability rating for compensation, or who has been
1030	determined to have a service-connected disability rating of 100
1031	percent and is in receipt of disability retirement pay from any
1032	branch of the uniformed armed services, shall be required to pay
1033	any license or permit fee, by whatever name known, to any county
1034	or municipality in order to make improvements upon a dwelling
1035	mobile home owned by the veteran which is used as the veteran's
1036	residence, provided such improvements are limited to ramps,
1037	widening of doors, and similar improvements for the purpose of
1038	making the dwelling mobile home habitable for veterans confined
1039	to wheelchairs.
1040	Section 15.  Paragraphs (b) and (e) of subsection (19) of
1041	section 380.06, Florida Statutes, are amended to read:
1042	380.06  Developments of regional impact.--
1043	(19)  SUBSTANTIAL DEVIATIONS.--
1044	(b)  Any proposed change to a previously approved
1045	development of regional impact or development order condition
1046	which, either individually or cumulatively with other changes,
1047	exceeds any of the following criteria shall constitute a
1048	substantial deviation and shall cause the development to be
1049	subject to further development-of-regional-impact review without
1050	the necessity for a finding of same by the local government:
1051	1.  An increase in the number of parking spaces at an
1052	attraction or recreational facility by 5 percent or 300 spaces,
1053	whichever is greater, or an increase in the number of spectators
1054	that may be accommodated at such a facility by 5 percent or
1055	1,000 spectators, whichever is greater.
1056	2.  A new runway, a new terminal facility, a 25-percent
1057	lengthening of an existing runway, or a 25-percent increase in
1058	the number of gates of an existing terminal, but only if the
1059	increase adds at least three additional gates.
1060	3.  An increase in the number of hospital beds by 5 percent
1061	or 60 beds, whichever is greater.
1062	4.  An increase in industrial development area by 5 percent
1063	or 32 acres, whichever is greater.
1064	5.  An increase in the average annual acreage mined by 5
1065	percent or 10 acres, whichever is greater, or an increase in the
1066	average daily water consumption by a mining operation by 5
1067	percent or 300,000 gallons, whichever is greater. An increase in
1068	the size of the mine by 5 percent or 750 acres, whichever is
1069	less. An increase in the size of a heavy mineral mine as defined
1070	in s. 378.403(7) will only constitute a substantial deviation if
1071	the average annual acreage mined is more than 500 acres and
1072	consumes more than 3 million gallons of water per day.
1073	6.  An increase in land area for office development by 5
1074	percent or an increase of gross floor area of office development
1075	by 5 percent or 60,000 gross square feet, whichever is greater.
1076	7.  An increase in the storage capacity for chemical or
1077	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1078	million pounds, whichever is greater.
1079	8.  An increase of development at a waterport of wet
1080	storage for 20 watercraft, dry storage for 30 watercraft, or
1081	wet/dry storage for 60 watercraft in an area identified in the
1082	state marina siting plan as an appropriate site for additional
1083	waterport development or a 5-percent increase in watercraft
1084	storage capacity, whichever is greater.
1085	9.  An increase in the number of dwelling units by 5
1086	percent or 50 dwelling units, whichever is greater.
1087	10.  An increase in the number of dwelling units by 15
1088	percent or 100 units, whichever is greater, provided that 20
1089	percent of the increase in the number of dwelling units is
1090	dedicated to the construction of workforce housing. For purposes
1091	of this subparagraph, the term "workforce housing" means housing
1092	that is affordable to a person who earns less than 150 percent
1093	of the area median income.
1094	11.10.  An increase in commercial development by 50,000
1095	square feet of gross floor area or of parking spaces provided
1096	for customers for 300 cars or a 5-percent increase of either of
1097	these, whichever is greater.
1098	12.11.  An increase in hotel or motel facility units by 5
1099	percent or 75 units, whichever is greater.
1100	13.12.  An increase in a recreational vehicle park area by
1101	5 percent or 100 vehicle spaces, whichever is less.
1102	14.13.  A decrease in the area set aside for open space of
1103	5 percent or 20 acres, whichever is less.
1104	15.14.  A proposed increase to an approved multiuse
1105	development of regional impact where the sum of the increases of
1106	each land use as a percentage of the applicable substantial
1107	deviation criteria is equal to or exceeds 100 percent. The
1108	percentage of any decrease in the amount of open space shall be
1109	treated as an increase for purposes of determining when 100
1110	percent has been reached or exceeded.
1111	16.15.  A 15-percent increase in the number of external
1112	vehicle trips generated by the development above that which was
1113	projected during the original development-of-regional-impact
1114	review.
1115	17.16.  Any change which would result in development of any
1116	area which was specifically set aside in the application for
1117	development approval or in the development order for
1118	preservation or special protection of endangered or threatened
1119	plants or animals designated as endangered, threatened, or
1120	species of special concern and their habitat, primary dunes, or
1121	archaeological and historical sites designated as significant by
1122	the Division of Historical Resources of the Department of State.
1123	The further refinement of such areas by survey shall be
1124	considered under sub-subparagraph (e)5.b.
1125
1126	The substantial deviation numerical standards in subparagraphs
1127	4., 6., 10., 11., and 15. 14., excluding residential uses, and
1128	16. 15., are increased by 100 percent for a project certified
1129	under s. 403.973 which creates jobs and meets criteria
1130	established by the Office of Tourism, Trade, and Economic
1131	Development as to its impact on an area's economy, employment,
1132	and prevailing wage and skill levels. The substantial deviation
1133	numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
1134	and 15. 14. are increased by 50 percent for a project located
1135	wholly within an urban infill and redevelopment area designated
1136	on the applicable adopted local comprehensive plan future land
1137	use map and not located within the coastal high hazard area.
1138	(e)1.  Except for a development order rendered pursuant to
1139	subsection (22) or subsection (25), a proposed change to a
1140	development order that individually or cumulatively with any
1141	previous change is less than any numerical criterion contained
1142	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
1143	other criterion, or that involves an extension of the buildout
1144	date of a development, or any phase thereof, of less than 5
1145	years is not subject to the public hearing requirements of
1146	subparagraph (f)3., and is not subject to a determination
1147	pursuant to subparagraph (f)5. Notice of the proposed change
1148	shall be made to the regional planning council and the state
1149	land planning agency. Such notice shall include a description of
1150	previous individual changes made to the development, including
1151	changes previously approved by the local government, and shall
1152	include appropriate amendments to the development order.
1153	2.  The following changes, individually or cumulatively
1154	with any previous changes, are not substantial deviations:
1155	a.  Changes in the name of the project, developer, owner,
1156	or monitoring official.
1157	b.  Changes to a setback that do not affect noise buffers,
1158	environmental protection or mitigation areas, or archaeological
1159	or historical resources.
1160	c.  Changes to minimum lot sizes.
1161	d.  Changes in the configuration of internal roads that do
1162	not affect external access points.
1163	e.  Changes to the building design or orientation that stay
1164	approximately within the approved area designated for such
1165	building and parking lot, and which do not affect historical
1166	buildings designated as significant by the Division of
1167	Historical Resources of the Department of State.
1168	f.  Changes to increase the acreage in the development,
1169	provided that no development is proposed on the acreage to be
1170	added.
1171	g.  Changes to eliminate an approved land use, provided
1172	that there are no additional regional impacts.
1173	h.  Changes required to conform to permits approved by any
1174	federal, state, or regional permitting agency, provided that
1175	these changes do not create additional regional impacts.
1176	i.  Any renovation or redevelopment of development within a
1177	previously approved development of regional impact which does
1178	not change land use or increase density or intensity of use.
1179	j.  Any other change which the state land planning agency
1180	agrees in writing is similar in nature, impact, or character to
1181	the changes enumerated in sub-subparagraphs a.-i. and which does
1182	not create the likelihood of any additional regional impact.
1183
1184	This subsection does not require a development order amendment
1185	for any change listed in sub-subparagraphs a.-j. unless such
1186	issue is addressed either in the existing development order or
1187	in the application for development approval, but, in the case of
1188	the application, only if, and in the manner in which, the
1189	application is incorporated in the development order.
1190	3.  Except for the change authorized by sub-subparagraph
1191	2.f., any addition of land not previously reviewed or any change
1192	not specified in paragraph (b) or paragraph (c) shall be
1193	presumed to create a substantial deviation. This presumption may
1194	be rebutted by clear and convincing evidence.
1195	4.  Any submittal of a proposed change to a previously
1196	approved development shall include a description of individual
1197	changes previously made to the development, including changes
1198	previously approved by the local government. The local
1199	government shall consider the previous and current proposed
1200	changes in deciding whether such changes cumulatively constitute
1201	a substantial deviation requiring further development-of-
1202	regional-impact review.
1203	5.  The following changes to an approved development of
1204	regional impact shall be presumed to create a substantial
1205	deviation. Such presumption may be rebutted by clear and
1206	convincing evidence.
1207	a.  A change proposed for 15 percent or more of the acreage
1208	to a land use not previously approved in the development order.
1209	Changes of less than 15 percent shall be presumed not to create
1210	a substantial deviation.
1211	b.  Except for the types of uses listed in subparagraph
1212	(b)17. (b)16., any change which would result in the development
1213	of any area which was specifically set aside in the application
1214	for development approval or in the development order for
1215	preservation, buffers, or special protection, including habitat
1216	for plant and animal species, archaeological and historical
1217	sites, dunes, and other special areas.
1218	c.  Notwithstanding any provision of paragraph (b) to the
1219	contrary, a proposed change consisting of simultaneous increases
1220	and decreases of at least two of the uses within an authorized
1221	multiuse development of regional impact which was originally
1222	approved with three or more uses specified in s. 380.0651(3)(c),
1223	(d), (f), and (g) and residential use.
1224	Section 16.  Paragraph (k) of subsection (3) of section
1225	380.0651, Florida Statutes, is redesignated as paragraph (l),
1226	and a new paragraph (k) is added to that subsection to read:
1227	380.0651  Statewide guidelines and standards.--
1228	(3)  The following statewide guidelines and standards shall
1229	be applied in the manner described in s. 380.06(2) to determine
1230	whether the following developments shall be required to undergo
1231	development-of-regional-impact review:
1232	(k)  Workforce housing.--The applicable guidelines for
1233	residential development and the residential component for
1234	multiuse development shall be increased by 20 percent where the
1235	developer demonstrates that at least 15 percent of the
1236	residential dwelling units will be dedicated to workforce
1237	housing. For purposes of this subparagraph, the term "workforce
1238	housing" means housing that is affordable to a person who earns
1239	less than 150 percent of the area median income.
1240	Section 17.  Section 420.0004, Florida Statutes, is amended
1241	to read:
1242	420.0004  Definitions.--As used in this part, unless the
1243	context otherwise indicates:
1244	(1)  "Adjusted for family size" means adjusted in a manner
1245	which results in an income eligibility level which is lower for
1246	households with fewer than four people, or higher for households
1247	with more than four people, than the base income eligibility
1248	determined as provided in subsection (10) (9), subsection (11)
1249	(10), or subsection (15) (14), based upon a formula as
1250	established by the United States Department of Housing and Urban
1251	Development.
1252	(2)  "Adjusted gross income" means all wages, assets,
1253	regular cash or noncash contributions or gifts from persons
1254	outside the household, and such other resources and benefits as
1255	may be determined to be income by the United States Department
1256	of Housing and Urban Development, adjusted for family size, less
1257	deductions allowable under s. 62 of the Internal Revenue Code.
1258	(3)  "Affordable" means that monthly rents or monthly
1259	mortgage payments including taxes, insurance, and utilities do
1260	not exceed 30 percent of that amount which represents the
1261	percentage of the median adjusted gross annual income for the
1262	households as indicated in subsection (8), subsection (10) (9),
1263	subsection (11) (10), or subsection (15) (14).
1264	(4)  "Corporation" means the Florida Housing Finance
1265	Corporation.
1266	(5)  "Community-based organization" or "nonprofit
1267	organization" means a private corporation organized under
1268	chapter 617 to assist in the provision of housing and related
1269	services on a not-for-profit basis and which is acceptable to
1270	federal and state agencies and financial institutions as a
1271	sponsor of low-income housing.
1272	(6)  "Department" means the Department of Community
1273	Affairs.
1274	(7)  "Elderly" describes persons 62 years of age or older.
1275	(8)  "Extremely low-income persons" means one or more
1276	natural persons or a family whose total annual household income
1277	does not exceed 30 percent of the median annual adjusted gross
1278	income for households within the state. The Florida Housing
1279	Finance Corporation may adjust this amount annually by rule to
1280	provide that in lower income counties extremely low income may
1281	exceed 30 percent of area median income and that in higher
1282	income counties extremely low income may be less than 30 percent
1283	of area median income.
1284	(9)(8)  "Local public body" means any county, municipality,
1285	or other political subdivision, or any housing authority as
1286	provided by chapter 421, which is eligible to sponsor or develop
1287	housing for farmworkers and very-low-income and low-income
1288	persons within its jurisdiction.
1289	(10)(9)  "Low-income persons" means one or more natural
1290	persons or a family, the total annual adjusted gross household
1291	income of which does not exceed 80 percent of the median annual
1292	adjusted gross income for households within the state, or 80
1293	percent of the median annual adjusted gross income for
1294	households within the metropolitan statistical area (MSA) or, if
1295	not within an MSA, within the county in which the person or
1296	family resides, whichever is greater.
1297	(11)(10)  "Moderate-income persons" means one or more
1298	natural persons or a family, the total annual adjusted gross
1299	household income of which is less than 120 percent of the median
1300	annual adjusted gross income for households within the state, or
1301	120 percent of the median annual adjusted gross income for
1302	households within the metropolitan statistical area (MSA) or, if
1303	not within an MSA, within the county in which the person or
1304	family resides, whichever is greater.
1305	(12)(11)  "Student" means any person not living with his or
1306	her parent or guardian who is eligible to be claimed by his or
1307	her parent or guardian as a dependent under the federal income
1308	tax code and who is enrolled on at least a half-time basis in a
1309	secondary school, career center, community college, college, or
1310	university.
1311	(13)(12)  "Substandard" means:
1312	(a)  Any unit lacking complete plumbing or sanitary
1313	facilities for the exclusive use of the occupants;
1314	(b)  A unit which is in violation of one or more major
1315	sections of an applicable housing code and where such violation
1316	poses a serious threat to the health of the occupant; or
1317	(c)  A unit that has been declared unfit for human
1318	habitation but that could be rehabilitated for less than 50
1319	percent of the property value.
1320	(14)(13)  "Substantial rehabilitation" means repair or
1321	restoration of a dwelling unit where the value of such repair or
1322	restoration exceeds 40 percent of the value of the dwelling.
1323	(15)(14)  "Very-low-income persons" means one or more
1324	natural persons or a family, not including students, the total
1325	annual adjusted gross household income of which does not exceed
1326	50 percent of the median annual adjusted gross income for
1327	households within the state, or 50 percent of the median annual
1328	adjusted gross income for households within the metropolitan
1329	statistical area (MSA) or, if not within an MSA, within the
1330	county in which the person or family resides, whichever is
1331	greater.
1332	Section 18.  Section 420.37, Florida Statutes, is repealed.
1333	Section 19.  Subsection (18) of section 420.503, Florida
1334	Statutes, is amended to read:
1335	420.503  Definitions.--As used in this part, the term:
1336	(18)(a)  "Farmworker" means a laborer who is employed on a
1337	seasonal, temporary, or permanent basis in the planting,
1338	cultivating, harvesting, or processing of agricultural or
1339	aquacultural products and who derived at least 50 percent of her
1340	or his income in the immediately preceding 12 months from such
1341	employment.
1342	(b)  "Farmworker" also includes a person who has retired as
1343	a laborer due to age, disability, or illness. In order to be
1344	considered retired as a farmworker due to age under this part, a
1345	person must be 50 years of age or older and must have been
1346	employed for a minimum of 5 years as a farmworker before
1347	retirement. In order to be considered retired as a farmworker
1348	due to disability or illness, a person must:
1349	1.(a)  Establish medically that she or he is unable to be
1350	employed as a farmworker due to that disability or illness.
1351	2.(b)  Establish that she or he was previously employed as
1352	a farmworker.
1353	(c)  Notwithstanding paragraphs (a) and (b), when
1354	corporation-administered funds are used in conjunction with
1355	United States Department of Agriculture Rural Development funds,
1356	the term "farmworker" may mean a laborer who meets, at a
1357	minimum, the definition of "domestic farm laborer" as found in 7
1358	C.F.R. s. 3560.11, as amended. The corporation may establish
1359	additional criteria by rule.
1360	Section 20.  Section 420.5061, Florida Statutes, is amended
1361	to read:
1362	420.5061  Transfer of agency assets and
1363	liabilities.--Effective January 1, 1998, all assets and
1364	liabilities and rights and obligations, including any
1365	outstanding contractual obligations, of the agency shall be
1366	transferred to the corporation as legal successor in all
1367	respects to the agency. The corporation shall thereupon become
1368	obligated to the same extent as the agency under any existing
1369	agreements and be entitled to any rights and remedies previously
1370	afforded the agency by law or contract, including specifically
1371	the rights of the agency under chapter 201 and part VI of
1372	chapter 159. The corporation is a state agency for purposes of
1373	s. 159.807(4)(a). Effective January 1, 1998, all references
1374	under Florida law to the agency are deemed to mean the
1375	corporation. The corporation shall transfer to the General
1376	Revenue Fund an amount which otherwise would have been deducted
1377	as a service charge pursuant to s. 215.20(1) if the Florida
1378	Housing Finance Corporation Fund established by s. 420.508(5),
1379	the State Apartment Incentive Loan Fund established by s.
1380	420.5087(7), the Florida Homeownership Assistance Fund
1381	established by s. 420.5088(4)(5), the HOME Investment
1382	Partnership Fund established by s. 420.5089(1), and the Housing
1383	Predevelopment Loan Fund established by s. 420.525(1) were each
1384	trust funds. For purposes of s. 112.313, the corporation is
1385	deemed to be a continuation of the agency, and the provisions
1386	thereof are deemed to apply as if the same entity remained in
1387	place. Any employees of the agency and agency board members
1388	covered by s. 112.313(9)(a)6. shall continue to be entitled to
1389	the exemption in that subparagraph, notwithstanding being hired
1390	by the corporation or appointed as board members of the
1391	corporation. Effective January 1, 1998, all state property in
1392	use by the agency shall be transferred to and become the
1393	property of the corporation.
1394	Section 21.  Subsections (22), (23), and (40) of section
1395	420.507, Florida Statutes, are amended, and subsections (44),
1396	(45), and (46) are added to that section, to read:
1397	420.507  Powers of the corporation.--The corporation shall
1398	have all the powers necessary or convenient to carry out and
1399	effectuate the purposes and provisions of this part, including
1400	the following powers which are in addition to all other powers
1401	granted by other provisions of this part:
1402	(22)  To develop and administer the State Apartment
1403	Incentive Loan Program. In developing and administering that
1404	program, the corporation may:
1405	(a)  Make first, second, and other subordinated mortgage
1406	loans including variable or fixed rate loans subject to
1407	contingent interest for all State Apartment Incentive Loans
1408	provided for in this chapter based upon available cash flow of
1409	the projects. The corporation shall make loans exceeding 25
1410	percent of project cost available only to nonprofit
1411	organizations and public bodies which are able to secure grants,
1412	donations of land, or contributions from other sources and to
1413	projects meeting the criteria of subparagraph 1. Mortgage loans
1414	shall be made available at the following rates of interest:
1415	1.  Zero to 3 percent interest for sponsors of projects
1416	that set aside at least maintain an 80 percent occupancy of
1417	their total units for residents qualifying as farmworkers as
1418	defined in this part s. 420.503(18), or commercial fishing
1419	workers as defined in this part s. 420.503(5), or the homeless
1420	as defined in s. 420.621(4) over the life of the loan.
1421	2.  The board may set the interest rate based on the pro
1422	rata share of units set aside for homeless residents if the
1423	total of such units is less than 80 percent of the units in the
1424	borrower's project.
1425	3.  One Three to 3 9 percent interest for sponsors of
1426	projects targeted at populations other than farmworkers,
1427	commercial fishing workers, and the homeless.
1428	(b)  Make loans exceeding 25 percent of project cost when
1429	the project serves extremely low-income persons.
1430	(c)  Forgive indebtedness for a share of the loan
1431	attributable to the units in a project reserved for extremely
1432	low-income persons.
1433	(d)(b)  Geographically and demographically target the
1434	utilization of loans.
1435	(e)(c)  Underwrite credit, and reject projects which do not
1436	meet the established standards of the corporation.
1437	(f)(d)  Negotiate with governing bodies within the state
1438	after a loan has been awarded to obtain local government
1439	contributions.
1440	(g)(e)  Inspect any records of a sponsor at any time during
1441	the life of the loan or the agreed period for maintaining the
1442	provisions of s. 420.5087.
1443	(h)(f)  Establish, by rule, the procedure for evaluating,
1444	scoring, and competitively ranking all applications based on the
1445	criteria set forth in s. 420.5087(6)(c); determining actual loan
1446	amounts; making and servicing loans; and exercising the powers
1447	authorized in this subsection.
1448	(i)(g)  Establish a loan loss insurance reserve to be used
1449	to protect the outstanding program investment in case of a
1450	default, deed in lieu of foreclosure, or foreclosure of a
1451	program loan.
1452	(23)  To develop and administer the Florida Homeownership
1453	Assistance Program. In developing and administering the program,
1454	the corporation may:
1455	(a)1.  Make subordinated loans to eligible borrowers for
1456	down payments or closing costs related to the purchase of the
1457	borrower's primary residence.
1458	2.  Make permanent loans to eligible borrowers related to
1459	the purchase of the borrower's primary residence.
1460	3.  Make subordinated loans to nonprofit sponsors or
1461	developers of housing for purchase of property, for
1462	construction, or for financing of housing to be offered for sale
1463	to eligible borrowers as a primary residence at an affordable
1464	price.
1465	(b)  Establish a loan loss insurance reserve to supplement
1466	existing sources of mortgage insurance with appropriated funds.
1467	(c)  Geographically and demographically target the
1468	utilization of loans.
1469	(d)  Defer repayment of loans for the term of the first
1470	mortgage.
1471	(e)  Establish flexible terms for loans with an interest
1472	rate not to exceed 3 percent per annum and which are
1473	nonamortizing for the term of the first mortgage.
1474	(f)  Require repayment of loans upon sale, transfer,
1475	refinancing, or rental of secured property, unless otherwise
1476	approved by the corporation.
1477	(g)  Accelerate a loan for monetary default, for failure to
1478	provide the benefits of the loans to eligible borrowers, or for
1479	violation of any other restriction placed upon the loan.
1480	(h)  Adopt rules for the program and exercise the powers
1481	authorized in this subsection.
1482	(40)  To establish subsidiary business entities
1483	corporations for the purpose of taking title to and managing and
1484	disposing of property acquired by the corporation. Such
1485	subsidiary business entities corporations shall be public
1486	business entities corporations wholly owned by the corporation;
1487	shall be entitled to own, mortgage, and sell property on the
1488	same basis as the corporation; and shall be deemed business
1489	entities corporations primarily acting as an agent agents of the
1490	state, within the meaning of s. 768.28, on the same basis as the
1491	corporation. Any subsidiary business entity created by the
1492	corporation shall be subject to chapters 119, 120, and 286 to
1493	the same extent as the corporation. The subsidiary business
1494	entities shall have authority to make rules necessary to conduct
1495	business and to carry out the purposes of this subsection.
1496	(44)  To adopt rules whereby the corporation may intervene,
1497	negotiate terms, or undertake other actions which the
1498	corporation deems necessary to further program goals or avoid
1499	default of a program loan. Such rules must consider fiscal
1500	program goals and the preservation or advancement of affordable
1501	housing for the state.
1502	(45)  To establish by rule requirements for periodic
1503	reporting of data, including, but not limited to, financial
1504	data, housing market data, detailed economic and physical
1505	occupancy on multifamily projects, and demographic data on all
1506	housing financed through corporation programs and for
1507	participation in a housing locator system.
1508	(46)  In order to administer funds appropriated for
1509	disaster recovery and reconstruction following a declaration of
1510	emergency pursuant to s. 252.36, to create programs to repair,
1511	rehabilitate, and construct multifamily and single-family
1512	dwellings. To administer this subsection, the corporation may
1513	adopt emergency rules pursuant to s. 120.54. The Legislature
1514	finds that emergency rules adopted pursuant to this subsection
1515	meet the health, safety, and welfare requirement of s.
1516	120.54(4). The Legislature finds that such emergency rulemaking
1517	power is necessary for the preservation of the rights and
1518	welfare of the people in order to provide additional funds to
1519	assist those areas of the state that sustain housing damage due
1520	to the occurrence of a disaster, as defined in s. 252.34(1).
1521	Emergency rules adopted under this subsection are exempt from s.
1522	120.54(4)(a) and (c).
1523	Section 22.  Subsections (1), (3), (5), and (6) of section
1524	420.5087, Florida Statutes, are amended to read:
1525	420.5087  State Apartment Incentive Loan Program.--There is
1526	hereby created the State Apartment Incentive Loan Program for
1527	the purpose of providing first, second, or other subordinated
1528	mortgage loans or loan guarantees to sponsors, including for-
1529	profit, nonprofit, and public entities, to provide housing
1530	affordable to very-low-income persons.
1531	(1)  Program funds shall be distributed over successive 3-
1532	year periods in a manner that meets the need and demand for
1533	very-low-income housing throughout the state. That need and
1534	demand must be determined by using the most recent statewide
1535	low-income rental housing market studies available at the
1536	beginning of each 3-year period. However, at least 10 percent of
1537	the program funds distributed during a 3-year period must be
1538	allocated to each of the following categories of counties, as
1539	determined by using the population statistics published in the
1540	most recent edition of the Florida Statistical Abstract:
1541	(a)  Counties that have a population of 825,000 or more.
1542	more than 500,000 people;
1543	(b)  Counties that have a population of more than between
1544	100,000 but less than 825,000. and 500,000 people; and
1545	(c)  Counties that have a population of 100,000 or less.
1546
1547	Any increase in funding required to reach the 10-percent minimum
1548	shall be taken from the county category that has the largest
1549	allocation. The corporation shall adopt rules which establish an
1550	equitable process for distributing any portion of the 10 percent
1551	of program funds allocated to the county categories specified in
1552	this subsection which remains unallocated at the end of a 3-year
1553	period. Counties that have a population of 100,000 or less shall
1554	be given preference under these rules.
1555	(3)  During the first 6 months of loan or loan guarantee
1556	availability, program funds shall be reserved for use by
1557	sponsors who provide the housing set-aside required in
1558	subsection (2) for the tenant groups designated in this
1559	subsection. The reservation of funds to each of these groups
1560	shall be determined using the most recent statewide very-low-
1561	income rental housing market study available at the time of
1562	publication of each notice of fund availability required by
1563	paragraph (6)(b). The reservation of funds within each notice of
1564	fund availability to the tenant groups in paragraphs (a), (b),
1565	and (d) may not be less than 10 percent of the funds available
1566	at that time. Any increase in funding required to reach the 10-
1567	percent minimum shall be taken from the tenant group that has
1568	the largest reservation. The reservation of funds within each
1569	notice of fund availability to the tenant group in paragraph (c)
1570	may not be less than 5 percent of the funds available at that
1571	time. The tenant groups are:
1572	(a)  Commercial fishing workers and farmworkers;
1573	(b)  Families;
1574	(c)  Persons who are homeless; and
1575	(d)  Elderly persons. Ten percent of the amount reserved
1576	for the elderly shall be reserved to provide loans to sponsors
1577	of housing for the elderly for the purpose of making building
1578	preservation, health, or sanitation repairs or improvements
1579	which are required by federal, state, or local regulation or
1580	code, or lifesafety or security-related repairs or improvements
1581	to such housing. Such a loan may not exceed $750,000 per housing
1582	community for the elderly. In order to receive the loan, the
1583	sponsor of the housing community must make a commitment to match
1584	at least 5 15 percent of the loan amount to pay the cost of such
1585	repair or improvement. The corporation shall establish the rate
1586	of interest on the loan, which may not exceed 3 percent, and the
1587	term of the loan, which may not exceed 15 years; however, if the
1588	lien of the corporation's encumbrance is subordinate to the lien
1589	of another mortgagee, then the term may be made coterminous with
1590	the longest term of the superior lien. The term of the loan
1591	shall be established on the basis of a credit analysis of the
1592	applicant. The corporation shall establish, by rule, the
1593	procedure and criteria for receiving, evaluating, and
1594	competitively ranking all applications for loans under this
1595	paragraph. A loan application must include evidence of the first
1596	mortgagee's having reviewed and approved the sponsor's intent to
1597	apply for a loan. A nonprofit organization or sponsor may not
1598	use the proceeds of the loan to pay for administrative costs,
1599	routine maintenance, or new construction.
1600	(5)  The amount of the mortgage provided under this program
1601	combined with any other mortgage in a superior position shall be
1602	less than the value of the project without the housing set-aside
1603	required by subsection (2). However, the corporation may waive
1604	this requirement for projects in rural areas or urban infill
1605	areas which have market rate rents that are less than the
1606	allowable rents pursuant to applicable state and federal
1607	guidelines, and for projects which reserve units for extremely
1608	low-income persons. In no event shall the mortgage provided
1609	under this program combined with any other mortgage in a
1610	superior position exceed total project cost.
1611	(6)  On all state apartment incentive loans, except loans
1612	made to housing communities for the elderly to provide for
1613	lifesafety, building preservation, health, sanitation, or
1614	security-related repairs or improvements, the following
1615	provisions shall apply:
1616	(a)  The corporation shall establish two interest rates in
1617	accordance with s. 420.507(22)(a)1. and 3. 2.
1618	(b)  The corporation shall publish a notice of fund
1619	availability in a publication of general circulation throughout
1620	the state. Such notice shall be published at least 60 days prior
1621	to the application deadline and shall provide notice of the
1622	temporary reservations of funds established in subsection (3).
1623	(c)  The corporation shall provide by rule for the
1624	establishment of a review committee composed of the department
1625	and corporation staff and shall establish by rule a scoring
1626	system for evaluation and competitive ranking of applications
1627	submitted in this program, including, but not limited to, the
1628	following criteria:
1629	1.  Tenant income and demographic targeting objectives of
1630	the corporation.
1631	2.  Targeting objectives of the corporation which will
1632	ensure an equitable distribution of loans between rural and
1633	urban areas.
1634	3.  Sponsor's agreement to reserve the units for persons or
1635	families who have incomes below 50 percent of the state or local
1636	median income, whichever is higher, for a time period to exceed
1637	the minimum required by federal law or the provisions of this
1638	part.
1639	4.  Sponsor's agreement to reserve more than:
1640	a.  Twenty percent of the units in the project for persons
1641	or families who have incomes that do not exceed 50 percent of
1642	the state or local median income, whichever is higher; or
1643	b.  Forty percent of the units in the project for persons
1644	or families who have incomes that do not exceed 60 percent of
1645	the state or local median income, whichever is higher, without
1646	requiring a greater amount of the loans as provided in this
1647	section.
1648	5.  Provision for tenant counseling.
1649	6.  Sponsor's agreement to accept rental assistance
1650	certificates or vouchers as payment for rent; however, when
1651	certificates or vouchers are accepted as payment for rent on
1652	units set aside for persons with incomes under 50 percent of the
1653	state or local median income, whichever is higher, these units
1654	shall only be considered to satisfy the sponsor's agreement to
1655	serve persons at or above 50 percent of state or local median
1656	income pursuant to subsection (2), the benefit must be divided
1657	between the corporation and the sponsor, as provided by
1658	corporation rule.
1659	7.  Projects requiring the least amount of a state
1660	apartment incentive loan compared to overall project cost except
1661	that the share of the loan attributable to units serving
1662	extremely low-income persons shall be excluded from this
1663	requirement.
1664	8.  Local government contributions and local government
1665	comprehensive planning and activities that promote affordable
1666	housing.
1667	9.  Project feasibility.
1668	10.  Economic viability of the project.
1669	11.  Commitment of first mortgage financing.
1670	12.  Sponsor's prior experience.
1671	13.  Sponsor's ability to proceed with construction.
1672	14.  Projects that directly implement or assist welfare-to-
1673	work transitioning.
1674	15.  Projects that reserve units for extremely low-income
1675	persons.
1676	(d)  The corporation may reject any and all applications.
1677	(e)  The corporation may approve and reject applications
1678	for the purpose of achieving geographic targeting.
1679	(f)  The review committee established by corporation rule
1680	pursuant to this subsection shall make recommendations to the
1681	board of directors of the corporation regarding program
1682	participation under the State Apartment Incentive Loan Program.
1683	The corporation board shall make the final ranking and the
1684	decisions regarding which applicants shall become program
1685	participants based on the scores received in the competitive
1686	ranking, further review of applications, and the recommendations
1687	of the review committee. The corporation board shall approve or
1688	reject applications for loans and shall determine the tentative
1689	loan amount available to each applicant selected for
1690	participation in the program. The actual loan amount shall be
1691	determined pursuant to rule adopted pursuant to s.
1692	420.507(22)(h)(f).
1693	(g)  The loan term shall be for a period of not more than
1694	15 years; however, if both a program loan and federal low-income
1695	housing tax credits are to be used to assist a project, the
1696	corporation may set the loan term for a period commensurate with
1697	the investment requirements associated with the tax credit
1698	syndication. The term of the loan may also exceed 15 years if
1699	necessary to conform to requirements of the Federal National
1700	Mortgage Association. The corporation may renegotiate and extend
1701	the loan in order to extend the availability of housing for the
1702	targeted population. The term of a loan may not extend beyond
1703	the period for which the sponsor agrees to provide the housing
1704	set-aside required by subsection (2).
1705	(h)  The loan shall be subject to sale, transfer, or
1706	refinancing. The sale, transfer, or refinancing of the loan
1707	shall be consistent with fiscal program goals and the
1708	preservation or advancement of affordable housing for the state.
1709	However, all requirements and conditions of the loan shall
1710	remain following sale, transfer, or refinancing.
1711	(i)  The discrimination provisions of s. 420.516 shall
1712	apply to all loans.
1713	(j)  The corporation may require units dedicated for the
1714	elderly.
1715	(k)  Rent controls shall not be allowed on any project
1716	except as required in conjunction with the issuance of tax-
1717	exempt bonds or federal low-income housing tax credits, and
1718	except when the sponsor has committed to set aside units for
1719	extremely low-income persons, in which case rents shall be
1720	restricted at the level applicable for federal low-income tax
1721	credits.
1722	(l)  The proceeds of all loans shall be used for new
1723	construction or substantial rehabilitation which creates
1724	affordable, safe, and sanitary housing units.
1725	(m)  Sponsors shall annually certify the adjusted gross
1726	income of all persons or families qualified under subsection (2)
1727	at the time of initial occupancy, who are residing in a project
1728	funded by this program. All persons or families qualified under
1729	subsection (2) may continue to qualify under subsection (2) in a
1730	project funded by this program if the adjusted gross income of
1731	those persons or families at the time of annual recertification
1732	meets the requirements established in s. 142(d)(3)(B) of the
1733	Internal Revenue Code of 1986, as amended. If the annual
1734	recertification of persons or families qualifying under
1735	subsection (2) results in noncompliance with income occupancy
1736	requirements, the next available unit must be rented to a person
1737	or family qualifying under subsection (2) in order to ensure
1738	continuing compliance of the project. The corporation may waive
1739	the annual recertification if 100 percent of the units are set
1740	aside as affordable.
1741	(n)  Upon submission and approval of a marketing plan which
1742	demonstrates a good faith effort of a sponsor to rent a unit or
1743	units to persons or families reserved under subsection (3) and
1744	qualified under subsection (2), the sponsor may rent such unit
1745	or units to any person or family qualified under subsection (2)
1746	notwithstanding the reservation.
1747	(o)  Sponsors may participate in federal mortgage insurance
1748	programs and must abide by the requirements of those programs.
1749	If a conflict occurs between the requirements of federal
1750	mortgage insurance programs and the requirements of this
1751	section, the requirements of federal mortgage insurance programs
1752	shall take precedence.
1753	Section 23.  Section 420.5088, Florida Statutes, is amended
1754	to read:
1755	420.5088  Florida Homeownership Assistance Program.--There
1756	is created the Florida Homeownership Assistance Program for the
1757	purpose of assisting low-income and moderate-income persons in
1758	purchasing a home as their primary residence by reducing the
1759	cost of the home with below-market construction financing, by
1760	reducing the amount of down payment and closing costs paid by
1761	the borrower to a maximum of 5 percent of the purchase price, or
1762	by reducing the monthly payment to an affordable amount for the
1763	purchaser. Loans shall be made available at an interest rate
1764	that does not exceed 3 percent. The balance of any loan is due
1765	at closing if the property is sold, refinanced, rented, or
1766	transferred, unless otherwise approved by the corporation.
1767	(1)  For loans made available pursuant to s.
1768	420.507(23)(a)1. or 2.:
1769	(a)  The corporation may underwrite and make those mortgage
1770	loans through the program to persons or families who have
1771	incomes that do not exceed 120 80 percent of the state or local
1772	median income, whichever is greater, adjusted for family size.
1773	(b)  Loans shall be made available for the term of the
1774	first mortgage.
1775	(c)  Loans may not exceed are limited to the lesser of 35
1776	25 percent of the purchase price of the home or the amount
1777	necessary to enable the purchaser to meet credit underwriting
1778	criteria.
1779	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1780	(a)  Availability is limited to nonprofit sponsors or
1781	developers who are selected for program participation pursuant
1782	to this subsection.
1783	(b)  Preference must be given to community development
1784	corporations as defined in s. 290.033 and to community-based
1785	organizations as defined in s. 420.503.
1786	(c)  Priority must be given to projects that have received
1787	state assistance in funding project predevelopment costs.
1788	(d)  The benefits of making such loans shall be
1789	contractually provided to the persons or families purchasing
1790	homes financed under this subsection.
1791	(e)  At least 30 percent of the units in a project financed
1792	pursuant to this subsection must be sold to persons or families
1793	who have incomes that do not exceed 80 percent of the state or
1794	local median income, whichever amount is greater, adjusted for
1795	family size; and at least another 30 percent of the units in a
1796	project financed pursuant to this subsection must be sold to
1797	persons or families who have incomes that do not exceed 65 50
1798	percent of the state or local median income, whichever amount is
1799	greater, adjusted for family size.
1800	(f)  The maximum loan amount may not exceed 33 percent of
1801	the total project cost.
1802	(g)  A person who purchases a home in a project financed
1803	under this subsection is eligible for a loan authorized by s.
1804	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1805	construction loan made pursuant to this subsection. The home
1806	purchaser must meet all the requirements for loan recipients
1807	established pursuant to the applicable loan program.
1808	(h)  The corporation shall provide, by rule, for the
1809	establishment of a review committee composed of corporation
1810	staff and shall establish, by rule, a scoring system for
1811	evaluating and ranking applications submitted for construction
1812	loans under this subsection, including, but not limited to, the
1813	following criteria:
1814	1.  The affordability of the housing proposed to be built.
1815	2.  The direct benefits of the assistance to the persons
1816	who will reside in the proposed housing.
1817	3.  The demonstrated capacity of the applicant to carry out
1818	the proposal, including the experience of the development team.
1819	4.  The economic feasibility of the proposal.
1820	5.  The extent to which the applicant demonstrates
1821	potential cost savings by combining the benefits of different
1822	governmental programs and private initiatives, including the
1823	local government contributions and local government
1824	comprehensive planning and activities that promote affordable
1825	housing.
1826	6.  The use of the least amount of program loan funds
1827	compared to overall project cost.
1828	7.  The provision of homeownership counseling.
1829	8.  The applicant's agreement to exceed the requirements of
1830	paragraph (e).
1831	9.  The commitment of first mortgage financing for the
1832	balance of the construction loan and for the permanent loans to
1833	the purchasers of the housing.
1834	10.  The applicant's ability to proceed with construction.
1835	11.  The targeting objectives of the corporation which will
1836	ensure an equitable distribution of loans between rural and
1837	urban areas.
1838	12.  The extent to which the proposal will further the
1839	purposes of this program.
1840	(i)  The corporation may reject any and all applications.
1841	(j)  The review committee established by corporation rule
1842	pursuant to this subsection shall make recommendations to the
1843	corporation board regarding program participation under this
1844	subsection. The corporation board shall make the final ranking
1845	for participation based on the scores received in the ranking,
1846	further review of the applications, and the recommendations of
1847	the review committee. The corporation board shall approve or
1848	reject applicants for loans and shall determine the tentative
1849	loan amount available to each program participant. The final
1850	loan amount shall be determined pursuant to rule adopted under
1851	s. 420.507(23)(h).
1852	(3)  The corporation shall publish a notice of fund
1853	availability in a publication of general circulation throughout
1854	the state at least 60 days prior to the anticipated availability
1855	of funds.
1856	(4)  During the first 9 months of fund availability:
1857	(a)  Sixty percent of the program funds shall be reserved
1858	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1859	(b)  Twenty percent of the program funds shall be reserved
1860	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1861	(c)  Twenty percent of the program funds shall be reserved
1862	for use by borrowers pursuant to s. 420.507(23)(a)3.
1863
1864	If the application of these percentages would cause the
1865	reservation of program funds under paragraph (a) to be less than
1866	$1 million, the reservation for paragraph (a) shall be increased
1867	to $1 million or all available funds, whichever amount is less,
1868	with the increase to be accomplished by reducing the reservation
1869	for paragraph (b) and, if necessary, paragraph (c).
1870	(4)(5)  There is authorized to be established by the
1871	corporation with a qualified public depository meeting the
1872	requirements of chapter 280 the Florida Homeownership Assistance
1873	Fund to be administered by the corporation according to the
1874	provisions of this program. Any amounts held in the Florida
1875	Homeownership Assistance Trust Fund for such purposes as of
1876	January 1, 1998, must be transferred to the corporation for
1877	deposit in the Florida Homeownership Assistance Fund, whereupon
1878	the Florida Homeownership Assistance Trust Fund must be closed.
1879	There shall be deposited in the fund moneys from the State
1880	Housing Trust Fund created by s. 420.0005, or moneys received
1881	from any other source, for the purpose of this program and all
1882	proceeds derived from the use of such moneys. In addition, all
1883	unencumbered funds, loan repayments, proceeds from the sale of
1884	any property, and any other proceeds that would otherwise accrue
1885	pursuant to the activities of the programs described in this
1886	section shall be transferred to this fund. In addition, all loan
1887	repayments, proceeds from the sale of any property, and any
1888	other proceeds that would otherwise accrue pursuant to the
1889	activities conducted under the provisions of the Florida
1890	Homeownership Assistance Program shall be deposited in the fund
1891	and shall not revert to the General Revenue Fund. Expenditures
1892	from the Florida Homeownership Assistance Fund shall not be
1893	required to be included in the corporation's budget request or
1894	be subject to appropriation by the Legislature.
1895	(5)(6)  No more than one-fifth of the funds available in
1896	the Florida Homeownership Assistance Fund may be made available
1897	to provide loan loss insurance reserve funds to facilitate
1898	homeownership for eligible persons.
1899	Section 24.  Section 420.5095, Florida Statutes, is created
1900	to read:
1901	420.5095  Community Workforce Housing Innovation Program.--
1902	(1)  The Community Workforce Housing Innovation Program is
1903	created for the purpose of providing regulatory incentives and
1904	state and local funds to promote local public-private
1905	partnerships and leverage government and private resources to
1906	provide affordable rental and home ownership community workforce
1907	housing for essential services personnel with medium incomes in
1908	high-cost and high-growth counties in this state.
1909	(2)  Subject to the availability of funds appropriated by
1910	the Legislature to fund the Community Workforce Housing
1911	Innovation Program, the Florida Housing Finance Corporation
1912	shall have the authority to provide Community Workforce Housing
1913	Innovation Program loans, which may be forgivable, to an
1914	applicant for construction or rehabilitation of rental or home
1915	ownership workforce housing in targeted high-cost and high-
1916	growth counties, areas of critical state concern, or areas that
1917	were designated as areas of critical state concern for at least
1918	20 consecutive years prior to removal of the designation. The
1919	corporation shall establish a funding process and selection
1920	criteria by rule or request for proposals to distribute annually
1921	appropriated funds under this section. Funding may be used with
1922	other corporation and private sector resources.
1923	(3)  The corporation shall provide incentives for local
1924	governments in these counties to use local affordable housing
1925	funds, such as those from the State Housing Initiatives
1926	Partnership Program to assist in meeting the affordable housing
1927	needs of persons eligible under this program.
1928	(4)  The Community Workforce Housing Innovation Program
1929	projects shall target:
1930	(a)  "High-cost counties," defined as those counties in
1931	which the median sales price of a single-family home using the
1932	most recent county level statistics is above the state median
1933	sales price of a single-family home, areas of critical state
1934	concern designated under s. 380.05 for which the Legislature has
1935	declared its intent to provide affordable housing, and areas
1936	that were designated as areas of critical state concern for at
1937	least 20 consecutive years prior to removal of the designation.
1938	The corporation shall develop the list of high-cost counties on
1939	an annual basis.
1940	(b)  "High-growth counties," defined as those counties that
1941	demonstrate significantly high rates of growth in K-12 public
1942	school students and a substantial number of open teaching
1943	positions currently and projected for the next school year. To
1944	qualify under these criteria of high growth and need to fill
1945	public school teaching positions, a county's school district
1946	must have been in the top 10 school districts in the state for
1947	the fastest student population growth as a percentage rate of
1948	increase for the previous 5 years, as defined by the Department
1949	of Education. Counties with school districts having the greatest
1950	number of teaching position vacancies shall be prioritized.
1951	(c)  "Public-private partnerships," defined to include
1952	substantial involvement of at least one county, one
1953	municipality, or one public sector entity, such as a school
1954	district or other unit of local government in which the project
1955	is to be located, and at least one private not-for-profit or
1956	for-profit project partner. Partnerships are encouraged to
1957	include one or more private sector business or charitable
1958	entities.
1959	(d)  "Workforce housing," defined as housing affordable to
1960	natural persons or families whose total annual household income
1961	does not exceed 150 percent of the area median income, adjusted
1962	for household size, in prioritized areas included in this
1963	subsection, or a higher area median income, adjusted for
1964	household size, in areas of critical state concern or in areas
1965	that were designated as areas of critical state concern for at
1966	least 20 consecutive years prior to removal of the designation.
1967	(e)  Essential services personnel in need of affordable
1968	housing who are employed in areas in which they are considered
1969	essential services personnel, including, but not limited to,
1970	teachers and educators, police and fire personnel, skilled
1971	construction trades personnel, and health care personnel, and in
1972	other job categories in which the personnel are defined as
1973	essential services personnel, as locally defined by each county
1974	and eligible municipality within its local housing assistance
1975	plan pursuant to s. 420.9075.
1976	(f)  Innovative projects that include new construction or
1977	rehabilitation of existing housing, mixed-income housing, or
1978	commercial and housing mixed-use elements.
1979
1980	The corporation shall seek to achieve a 70-percent high-cost,
1981	30-percent high-growth ratio in its annual funding of projects.
1982	(5)  The Community Workforce Housing Innovation Program
1983	shall supplement and not supplant the existing affordable
1984	housing programs funded under chapter 420.
1985	(6)  On an annual basis, the corporation shall review the
1986	success of the Community Workforce Housing Innovation Program to
1987	ascertain whether the program is meeting the housing needs of
1988	high-cost and high-growth counties. The corporation shall submit
1989	any recommendations for strengthening the program to the
1990	Governor, the Speaker of the House of Representatives, and the
1991	President of the Senate not later than 2 months after the end of
1992	the corporation's fiscal year.
1993	(7)  The corporation shall review ways to improve public
1994	sector and private sector incentives and barriers to affordable
1995	and community workforce housing and make any recommendations
1996	necessary to improve these incentives in a report to the
1997	Governor, the Speaker of the House of Representatives, and the
1998	President of the Senate not later than 2 months after the end of
1999	the corporation's fiscal year. The corporation may request the
2000	assistance of the Department of Community Affairs or the
2001	Shimberg Center for Affordable Housing.
2002	(8)(a)  Projects approved or funded by the Community
2003	Workforce Housing Innovation Program as Community Workforce
2004	Housing Innovation Program projects shall be eligible for the
2005	following workforce housing incentives to promote the financial
2006	viability, successful development, and ongoing maintenance of
2007	these housing developments:
2008	1.  The processing of approvals of development orders or
2009	development permits, as defined in s. 163.3164(7) and (8), for
2010	affordable housing projects shall be expedited to a greater
2011	degree than other projects.
2012	2.  Impact fees shall be reduced by 50 percent or may be
2013	waived entirely by the local government, or an applicant shall
2014	be provided with an alternative method of fee payment by the
2015	local government in which the proposed project is to be located.
2016	3.  Increased density levels of up to 16 units or higher
2017	density per acre shall be allowed, except in coastal high-hazard
2018	areas, if approved by the local government, for community
2019	workforce housing.
2020	4.  The infrastructure capacity in the local comprehensive
2021	plan for affordable housing shall be reserved for these
2022	communities.
2023	5.  Additional affordable residential units in residential
2024	zoning districts shall be allowed.
2025	6.  Open space and setback requirements for affordable
2026	housing shall be reduced by 50 percent.
2027	7.  Zero-lot-line configurations shall be allowed.
2028	8.  Traffic concurrency requirements shall be modified or
2029	reduced by up to 25 percent.
2030	9.  Local transportation infrastructure funding shall be
2031	considered eligible for prioritization from metropolitan
2032	planning organizations.
2033	(b)  The regulatory incentives for approved Community
2034	Workforce Housing Innovation Program projects shall be
2035	considered acceptable by the respective local government
2036	maintaining jurisdiction over the site of the project, if:
2037	1.  The applicant receives a letter of support from the
2038	local government for the project application submitted to the
2039	corporation; or
2040	2.  Within 60 days after receipt of the applicant's plan by
2041	the local government, a vote of "no objection" regarding the
2042	project is taken by that body. During the 60-day period, the
2043	local government and project applicant may agree to modify the
2044	project incentives and size of the development with approval
2045	from the corporation and still be eligible for project funding.
2046	However, if that local government entity votes not to accept the
2047	Community Workforce Housing Innovation Program project in its
2048	county, the corporation shall remove the application from the
2049	project approval list.
2050	(9)  All eligible applications shall:
2051	(a)  Set aside at least 80 percent of the units for
2052	workforce housing.
2053	(b)  Set aside at least 50 percent of the units as
2054	prioritized for eligible persons who are employed as essential
2055	services personnel.
2056	(c)  For rental projects, restrict rents for all workforce
2057	housing serving those with incomes up to 120 percent of area
2058	median income at the appropriate income level using the
2059	restricted rents for the federal low-income housing tax credit
2060	program and, for workforce housing units serving those with
2061	incomes up to 150 percent of area median income, restrict rents
2062	to those established by the corporation, not to exceed 40
2063	percent of the maximum household income adjusted to unit size.
2064	(d)  For home ownership, limit the sales price of a
2065	detached unit, townhome, or condominium unit to not more than
2066	the median sales price for that type of unit in that county and
2067	require that all eligible purchasers of home ownership units
2068	occupy the homes as their primary residence.
2069	(e)  Demonstrate that the program applicant consists of a
2070	public-private partnership of at least one local government or
2071	special district public entity and one private not-for-profit or
2072	for-profit partner.
2073	(f)  Demonstrate how the applicant will use the regulatory
2074	incentives outlined in subsection (8) and include, if available,
2075	any letters of support for the incentives referenced in
2076	subparagraph (8)(b)1. from the local jurisdiction in which the
2077	proposed project is to be located.
2078	(g)  Demonstrate that the applicant possesses title to or
2079	site control of land and evidences availability of required
2080	infrastructure.
2081	(h)  Provide any research or facts available supporting the
2082	demand and need for rental or home ownership workforce housing
2083	for qualified workforce residents in the county in which the
2084	project is proposed.
2085	(i)  Have grants, donations of land, or contributions from
2086	the public-private partnership or other sources collectively
2087	totaling at least 15 percent of the total development cost. Such
2088	grants, donations of land, or contributions must only be
2089	evidenced by a letter of commitment at the time of application.
2090	(j)  Demonstrate accessibility to commercial businesses,
2091	services, and employment opportunities needed to serve the needs
2092	of the residents or include a viable plan to provide
2093	transportation access to those commercial businesses, services,
2094	and jobs.
2095	(k)  Demonstrate a marketing and sales plan to ensure that
2096	residents fit the income requirements and workforce employment
2097	demand for essential services, as well as alternative strategies
2098	to sell or lease units to other qualified individuals if
2099	essential services personnel are not immediately available or
2100	qualified for the units.
2101	(l)  Provide a development cost pro forma financial
2102	statement for the project.
2103	(m)  Demonstrate the applicant's affordable housing
2104	development and management experience.
2105	(n)  Demonstrate the long-term affordability of the rental
2106	or homeownership units.
2107	(10)(a)  The corporation shall establish a review committee
2108	and shall establish a scoring system for evaluation and
2109	competitive ranking of applications submitted to the program.
2110	The ranking shall ensure an opportunity for a greater number of
2111	high-cost, high-growth counties to receive project funding.
2112	(b)  The corporation shall award loans with interest rates
2113	set at 1 percent, which may be forgivable if the project
2114	continues to meet the rental or ownership criteria outlined in
2115	subsection (4). The corporation shall develop rules and
2116	guidelines to set the terms of forgivability.
2117	(11)  The corporation may use a maximum of 2 percent of the
2118	annual appropriation per state fiscal year for administration
2119	and compliance monitoring.
2120	(12)  The corporation shall develop and implement within
2121	the Community Workforce Housing Innovation Program a down-
2122	payment assistance program.
2123	(13)  The corporation shall develop recommendations for
2124	increasing the development of innovative affordable home
2125	ownership projects serving very-low-income, low-income, and
2126	moderate-income residents in Florida, which may include
2127	expansion of support for nonprofit home builders, such as
2128	Habitat for Humanity and other charitable housing organizations,
2129	public housing authorities, and for-profit housing developers.
2130	Recommendations shall assess the value of public-private
2131	partnerships, increased local and state funding for nonprofit
2132	housing organizations, and the possible conversion of existing
2133	affordable multifamily rental apartments to affordable home
2134	ownership units for projects in high-cost counties and counties
2135	with areas designated as areas of critical state concern or
2136	areas that were designated as areas of critical state concern
2137	for at least 20 consecutive years prior to removal of the
2138	designation. Recommendations shall examine how to guarantee
2139	long-term affordability for home ownership. The corporation may
2140	request the assistance of the Affordable Housing Study
2141	Commission in these efforts.
2142	Section 25.  Subsection (25) of section 420.9071, Florida
2143	Statutes, is amended to read:
2144	420.9071  Definitions.--As used in ss. 420.907-420.9079,
2145	the term:
2146	(25)  "Recaptured funds" means funds that are recouped by a
2147	county or eligible municipality in accordance with the recapture
2148	provisions of its local housing assistance plan pursuant to s.
2149	420.9075(5)(4)(g) from eligible persons or eligible sponsors who
2150	default on the terms of a grant award or loan award.
2151	Section 26.  Subsection (2) of section 420.9072, Florida
2152	Statutes, is amended to read:
2153	420.9072  State Housing Initiatives Partnership
2154	Program.--The State Housing Initiatives Partnership Program is
2155	created for the purpose of providing funds to counties and
2156	eligible municipalities as an incentive for the creation of
2157	local housing partnerships, to expand production of and preserve
2158	affordable housing, to further the housing element of the local
2159	government comprehensive plan specific to affordable housing,
2160	and to increase housing-related employment.
2161	(2)(a)  To be eligible to receive funds under the program,
2162	a county or eligible municipality must:
2163	1.  Submit to the corporation its local housing assistance
2164	plan describing the local housing assistance strategies
2165	established pursuant to s. 420.9075;
2166	2.  Within 12 months after adopting the local housing
2167	assistance plan, amend the plan to incorporate the local housing
2168	incentive strategies defined in s. 420.9071(16) and described in
2169	s. 420.9076; and
2170	3.  Within 24 months after adopting the amended local
2171	housing assistance plan to incorporate the local housing
2172	incentive strategies, amend its land development regulations or
2173	establish local policies and procedures, as necessary, to
2174	implement the local housing incentive strategies adopted by the
2175	local governing body. A county or an eligible municipality that
2176	has adopted a housing incentive strategy pursuant to s. 420.9076
2177	before the effective date of this act shall review the status of
2178	implementation of the plan according to its adopted schedule for
2179	implementation and report its findings in the annual report
2180	required by s. 420.9075(10)(9). If as a result of the review, a
2181	county or an eligible municipality determines that the
2182	implementation is complete and in accordance with its schedule,
2183	no further action is necessary. If a county or an eligible
2184	municipality determines that implementation according to its
2185	schedule is not complete, it must amend its land development
2186	regulations or establish local policies and procedures, as
2187	necessary, to implement the housing incentive plan within 12
2188	months after the effective date of this act, or if extenuating
2189	circumstances prevent implementation within 12 months, pursuant
2190	to s. 420.9075(13)(12), enter into an extension agreement with
2191	the corporation.
2192	(b)  A county or an eligible municipality seeking approval
2193	to receive its share of the local housing distribution must
2194	adopt an ordinance containing the following provisions:
2195	1.  Creation of a local housing assistance trust fund as
2196	described in s. 420.9075(6)(5).
2197	2.  Adoption by resolution of a local housing assistance
2198	plan as defined in s. 420.9071(14) to be implemented through a
2199	local housing partnership as defined in s. 420.9071(18).
2200	3.  Designation of the responsibility for the
2201	administration of the local housing assistance plan. Such
2202	ordinance may also provide for the contracting of all or part of
2203	the administrative or other functions of the program to a third
2204	person or entity.
2205	4.  Creation of the affordable housing advisory committee
2206	as provided in s. 420.9076.
2207
2208	The ordinance must not take effect until at least 30 days after
2209	the date of formal adoption. Ordinances in effect prior to the
2210	effective date of amendments to this section shall be amended as
2211	needed to conform to new provisions.
2212	Section 27.  Paragraphs (a) and (c) of present subsection
2213	(4) of section 420.9075, Florida Statutes, are amended,
2214	subsections (3) through (12) are renumbered as subsections (4)
2215	through (13), respectively, and a new subsection (3) is added to
2216	that section, to read:
2217	420.9075  Local housing assistance plans; partnerships.--
2218	(3)(a)  Each local housing assistance plan shall include a
2219	definition of essential service personnel for the county or
2220	eligible municipality, including, but not limited to, teachers
2221	and educators, police and fire personnel, health care personnel,
2222	skilled building trades personnel, and other job categories.
2223	(b)  Each county and each eligible municipality is
2224	encouraged to develop a strategy within its local housing
2225	assistance plan that emphasizes the recruitment and retention of
2226	essential service personnel and persons skilled in the building
2227	trades. The local government is encouraged to involve public and
2228	private sector employers. Compliance with the eligibility
2229	criteria established under this strategy shall be verified by
2230	the county or eligible municipality.
2231	(5)(4)  The following criteria apply to awards made to
2232	eligible sponsors or eligible persons for the purpose of
2233	providing eligible housing:
2234	(a)  At least 65 percent of the funds made available in
2235	each county and eligible municipality from the local housing
2236	distribution must be reserved for home ownership for eligible
2237	persons, with an annual goal of at least one-third of those
2238	funds going to home ownership for very-low-income persons.
2239	(c)  The sales price or value of new or existing eligible
2240	housing may not exceed 90 percent of the average area purchase
2241	price in the statistical area in which the eligible housing is
2242	located. Such average area purchase price may be that calculated
2243	for any 12-month period beginning not earlier than the fourth
2244	calendar year prior to the year in which the award occurs or as
2245	otherwise established by the United States Department of the
2246	Treasury.
2247
2248	If both an award under the local housing assistance plan and
2249	federal low-income housing tax credits are used to assist a
2250	project and there is a conflict between the criteria prescribed
2251	in this subsection and the requirements of s. 42 of the Internal
2252	Revenue Code of 1986, as amended, the county or eligible
2253	municipality may resolve the conflict by giving precedence to
2254	the requirements of s. 42 of the Internal Revenue Code of 1986,
2255	as amended, in lieu of following the criteria prescribed in this
2256	subsection with the exception of paragraphs (a) and (d) of this
2257	subsection.
2258	Section 28.  Subsection (6) of section 420.9076, Florida
2259	Statutes, is amended to read:
2260	420.9076  Adoption of affordable housing incentive
2261	strategies; committees.--
2262	(6)  Within 90 days after the date of receipt of the local
2263	housing incentive strategies recommendations from the advisory
2264	committee, the governing body of the appointing local government
2265	shall adopt an amendment to its local housing assistance plan to
2266	incorporate the local housing incentive strategies it will
2267	implement within its jurisdiction. The amendment must include,
2268	at a minimum, the local housing incentive strategies specified
2269	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
2270	Section 29.  Subsection (2) of section 420.9079, Florida
2271	Statutes, is amended to read:
2272	420.9079  Local Government Housing Trust Fund.--
2273	(2)  The corporation shall administer the fund exclusively
2274	for the purpose of implementing the programs described in ss.
2275	420.907-420.9078 and this section. With the exception of
2276	monitoring the activities of counties and eligible
2277	municipalities to determine local compliance with program
2278	requirements, the corporation shall not receive appropriations
2279	from the fund for administrative or personnel costs. For the
2280	purpose of implementing the compliance monitoring provisions of
2281	s. 420.9075(9)(8), the corporation may request a maximum of one-
2282	quarter of 1 percent of the annual appropriation $200,000 per
2283	state fiscal year. When such funding is appropriated, the
2284	corporation shall deduct the amount appropriated prior to
2285	calculating the local housing distribution pursuant to ss.
2286	420.9072 and 420.9073.
2287	Section 30.  Paragraph (c) of subsection (1) and paragraph
2288	(e) of subsection (2) of section 624.5105, Florida Statutes, are
2289	amended to read:
2290	624.5105  Community contribution tax credit; authorization;
2291	limitations; eligibility and application requirements;
2292	administration; definitions; expiration.--
2293	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
2294	(c)  The total amount of tax credit which may be granted
2295	for all programs approved under this section and ss.
2296	212.08(5)(q) and 220.183 is $10 $12 million annually for
2297	projects that provide homeownership opportunities for low-income
2298	or very-low-income persons as defined in s. 420.9071(19) and
2299	(28) and $3 million annually for all other projects.
2300	(2)  ELIGIBILITY REQUIREMENTS.--
2301	(e)1.  For the first 6 months of the fiscal year, the
2302	Office of Tourism, Trade, and Economic Development shall reserve
2303	80 percent of the first $10 million in available annual tax
2304	credits, and 70 percent of any available annual tax credits in
2305	excess of $10 million, for donations made to eligible sponsors
2306	for projects that provide homeownership opportunities for low-
2307	income or very-low-income households as defined in s.
2308	420.9071(19) and (28). If any such reserved annual tax credits
2309	remain after the first 6 months of the fiscal year, the office
2310	may approve the balance of these available credits for donations
2311	made to eligible sponsors for projects other than those that
2312	provide homeownership opportunities for low-income or very-low-
2313	income households.
2314	2.  For the first 6 months of the fiscal year, the office
2315	shall reserve 20 percent of the first $10 million in available
2316	annual tax credits, and 30 percent of any available annual tax
2317	credits in excess of $10 million, for donations made to eligible
2318	sponsors for projects other than those that provide
2319	homeownership opportunities for low-income or very-low-income
2320	households as defined in s. 420.9071(19) and (28). If any
2321	reserved annual tax credits remain after the first 6 months of
2322	the fiscal year, the office may approve the balance of these
2323	available credits for donations made to eligible sponsors for
2324	projects that provide homeownership opportunities for low-income
2325	or very-low-income households.
2326	3.  If, during the first 10 business days of the state
2327	fiscal year, eligible tax credit applications for projects that
2328	provide homeownership opportunities for low-income or very-low-
2329	income persons as defined in s. 420.9071(19) and (28) are
2330	received for less than the available annual tax credits
2331	available for those projects reserved under subparagraph 1., the
2332	office shall grant tax credits for those applications and shall
2333	grant remaining tax credits on a first-come, first-served basis
2334	for any subsequent eligible applications received before the end
2335	of the first 6 months of the state fiscal year. If, during the
2336	first 10 business days of the state fiscal year, eligible tax
2337	credit applications for projects that provide homeownership
2338	opportunities for low-income or very-low-income persons as
2339	defined in s. 420.9071(19) and (28) are received for more than
2340	the available annual tax credits available for those projects
2341	reserved under subparagraph 1., the office shall grant the tax
2342	credits for those the applications as follows:
2343	a.  If tax credit applications submitted for approved
2344	projects of an eligible sponsor do not exceed $200,000 in total,
2345	the credits shall be granted in full if the tax credit
2346	applications are approved, subject to subparagraph 1.
2347	b.  If tax credit applications submitted for approved
2348	projects of an eligible sponsor exceed $200,000 in total, the
2349	amount of tax credits granted under sub-subparagraph a. shall be
2350	subtracted from the amount of available tax credits under
2351	subparagraph 1., and the remaining credits shall be granted to
2352	each approved tax credit application on a pro rata basis.
2353	c.  If, after the first 6 months of the fiscal year,
2354	additional credits become available under subparagraph 2., the
2355	office shall grant the tax credits by first granting to those
2356	who received a pro rata reduction up to the full amount of their
2357	request and, if there are remaining credits, granting credits to
2358	those who applied on or after the 11th business day of the state
2359	fiscal year on a first-come, first-served basis.
2360	2.4.  If, during the first 10 business days of the state
2361	fiscal year, eligible tax credit applications for projects other
2362	than those that provide homeownership opportunities for low-
2363	income or very-low-income persons as defined in s. 420.9071(19)
2364	and (28) are received for less than the available annual tax
2365	credits available for those projects reserved under subparagraph
2366	2., the office shall grant tax credits for those applications
2367	and shall grant remaining tax credits on a first-come, first-
2368	served basis for any subsequent eligible applications received
2369	before the end of the first 6 months of the state fiscal year.
2370	If, during the first 10 business days of the state fiscal year,
2371	eligible tax credit applications for projects other than those
2372	that provide homeownership opportunities for low-income or very-
2373	low-income persons as defined in s. 420.9071(19) and (28) are
2374	received for more than the available annual tax credits
2375	available for those projects reserved under subparagraph 2., the
2376	office shall grant the tax credits for those the applications on
2377	a pro rata basis. If, after the first 6 months of the fiscal
2378	year, additional credits become available under subparagraph 1.,
2379	the office shall grant the tax credits by first granting to
2380	those who received a pro rata reduction up to the full amount of
2381	their request and, if there are remaining credits, granting
2382	credits to those who applied on or after the 11th business day
2383	of the state fiscal year on a first-come, first-served basis.
2384	Section 31.  Paragraph (b) of subsection (9) of section
2385	1001.42, Florida Statutes, is amended to read:
2386	1001.42  Powers and duties of district school board.--The
2387	district school board, acting as a board, shall exercise all
2388	powers and perform all duties listed below:
2389	(9)  SCHOOL PLANT.--Approve plans for locating, planning,
2390	constructing, sanitating, insuring, maintaining, protecting, and
2391	condemning school property as prescribed in chapter 1013 and as
2392	follows:
2393	(b)  Sites, buildings, and equipment.--
2394	1.  Select and purchase school sites, playgrounds, and
2395	recreational areas located at centers at which schools are to be
2396	constructed, of adequate size to meet the needs of projected
2397	students to be accommodated.
2398	2.  Approve the proposed purchase of any site, playground,
2399	or recreational area for which district funds are to be used.
2400	3.  Expand existing sites.
2401	4.  Rent buildings when necessary.
2402	5.  Enter into leases or lease-purchase arrangements, in
2403	accordance with the requirements and conditions provided in s.
2404	1013.15(2), with private individuals or corporations for the
2405	rental of necessary grounds and educational facilities for
2406	school purposes or of educational facilities to be erected for
2407	school purposes. Current or other funds authorized by law may be
2408	used to make payments under a lease-purchase agreement.
2409	Notwithstanding any other statutes, if the rental is to be paid
2410	from funds received from ad valorem taxation and the agreement
2411	is for a period greater than 12 months, an approving referendum
2412	must be held. The provisions of such contracts, including
2413	building plans, shall be subject to approval by the Department
2414	of Education, and no such contract shall be entered into without
2415	such approval. As used in this section, "educational facilities"
2416	means the buildings and equipment that are built, installed, or
2417	established to serve educational purposes and that may lawfully
2418	be used. The State Board of Education may adopt such rules as
2419	are necessary to implement these provisions.
2420	6.  Provide for the proper supervision of construction.
2421	7.  Make or contract for additions, alterations, and
2422	repairs on buildings and other school properties.
2423	8.  Ensure that all plans and specifications for buildings
2424	provide adequately for the safety and well-being of students, as
2425	well as for economy of construction.
2426	9.  Provide affordable housing for teachers and other
2427	instructional personnel independently or in conjunction with
2428	other agencies as described in s. 1001.43(5).
2429	Section 32.  Subsection (6) of section 1013.01, Florida
2430	Statutes, is amended to read:
2431	1013.01  Definitions.--The following terms shall be defined
2432	as follows for the purpose of this chapter:
2433	(6)  "Educational facilities" means the buildings and
2434	equipment, structures, and special educational use areas that
2435	are built, installed, or established to serve primarily the
2436	educational purposes and secondarily the social and recreational
2437	purposes of the community and which may lawfully be used as
2438	authorized by the Florida Statutes and approved by boards.
2439	Affordable housing and workforce housing for teachers and school
2440	personnel also qualify as educational facilities if approved by
2441	the board.
2442	Section 33.  Subsection (5) is added to section 1013.15,
2443	Florida Statutes, to read:
2444	1013.15  Lease, rental, and lease-purchase of educational
2445	facilities and sites.--
2446	(5)  A board may rent or lease existing buildings, land, or
2447	space within existing buildings, originally constructed or used
2448	for purposes other than education, for conversion to use as
2449	affordable and workforce housing, as defined in ss. 420.0004 and
2450	420.5095, for school and instructional personnel.
2451	Section 34.  The sum of $20 million is appropriated from
2452	the State Housing Trust Fund to the Florida Housing Finance
2453	Corporation for the 2006-2007 fiscal year to provide funds to
2454	teachers eligible for affordable housing pursuant to s. 420.5088
2455	or s. 420.5089, Florida Statutes, and to assist in teacher
2456	retention and recruitment as a response to the state's teacher
2457	shortage.
2458	Section 35.  The sum of $32 million is appropriated from
2459	the Local Government Housing Trust Fund to the Florida Housing
2460	Finance Corporation for the 2006-2007 fiscal year to assist in
2461	the production of housing units for extremely low-income
2462	persons.
2463	Section 36.  Except as otherwise expressly provided in this
2464	act, this act shall take effect July 1, 2006.

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