HB 1363

CS

CHAMBER ACTION

1	The Fiscal 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., relating to accessory dwelling units; revising
10	legislative findings and definitions; conforming cross-
11	references; amending s. 163.3187, F.S.; revising a
12	limitation relating to small scale comprehensive plan
13	amendments involving the construction of affordable
14	housing units; creating s. 166.0451, F.S.; providing for
15	disposition of municipal property for affordable housing;
16	amending s. 189.4155, F.S.; authorizing independent
17	special districts to provide for housing and housing
18	assistance; amending s. 191.006, F.S.; authorizing
19	independent special fire control districts to provide
20	employee housing and housing assistance; amending s.
21	193.017, F.S.; authorizing the Florida Housing Finance
22	Corporation and the Department of Revenue to annually set
23	the capitalization rate used for assessing just valuation
24	of affordable housing properties; creating s. 193.018,
25	F.S.; creating the Manny Diaz Affordable Housing Property
26	Tax Relief Initiative; providing criteria for assessing
27	just valuation of affordable housing properties serving
28	persons of low, moderate, very low, and extremely low
29	incomes; amending s. 196.1978, F.S.; specifying what
30	constitutes a nonprofit entity for purposes of affordable
31	housing property tax exemption; conforming cross-
32	references; amending ss. 212.08, 220.183, and 624.5105,
33	F.S.; increasing the amount of available tax credits
34	against the sales tax, corporate income tax, and insurance
35	premium tax, respectively, for projects under the
36	community contribution tax credit program and providing
37	separate annual limitations for certain projects; revising
38	requirements and procedures for the Office of Tourism,
39	Trade, and Economic Development in granting tax credits
40	under the program; including extremely-low-income persons
41	as eligible recipients of assistance; conforming cross-
42	references; amending s. 253.034, F.S.; providing for the
43	disposition of state lands for affordable housing;
44	amending s. 253.0341, F.S.; authorizing local governments
45	to request state lands be declared surplus for the purpose
46	of affordable housing; providing for use of lands that are
47	declared surplus; amending s. 295.16, F.S.; expanding the
48	disabled veteran exemption from certain license and permit
49	fees relating to dwelling improvements; amending s.
50	380.06, F.S.; providing a greater substantial deviation
51	threshold for the provision of affordable housing in a
52	development of regional impact; conforming cross-
53	references; amending s. 380.0651, F.S.; providing a
54	statewide guidelines and standards bonus for the provision
55	of workforce housing; amending s. 420.0004, F.S.; defining
56	the term "extremely-low-income persons"; conforming cross-
57	references; repealing s. 420.37, F.S., relating to
58	additional powers of the Florida Housing Finance
59	Corporation; repealing s. 420.530, F.S., relating to the
60	State Farm Worker Housing Pilot Loan Program; amending s.
61	420.503, F.S.; revising the definition of the term
62	"farmworker" under the Florida Housing Finance Corporation
63	Act; providing rulemaking authority; amending s. 420.5061,
64	F.S.; conforming a cross-reference; amending s. 420.507,
65	F.S.; revising and expanding the powers of the Florida
66	Housing Finance Corporation relating to mortgage loan
67	interest rates, loans, loan relief, uses of loan funds,
68	subsidiary business entities, and data reporting;
69	providing rulemaking authority; amending s. 420.5087,
70	F.S.; increasing the population criteria for the State
71	Apartment Incentive Loan Program; revising criteria for
72	loans; conforming cross-references; amending s. 420.5088,
73	F.S.; expanding the scope of the Florida Homeownership
74	Assistance Program; revising loan requirements; deleting a
75	provision reserving program funds for certain borrowers;
76	creating s. 420.5095, F.S.; creating the Community
77	Workforce Housing Innovation Program; providing the
78	Florida Housing Finance Corporation with certain powers
79	and responsibilities relating to the program; requiring
80	the program to target certain entities; providing
81	application requirements; providing incentives for program
82	applicants; amending s. 420.9071, F.S.; conforming a
83	cross-reference; amending s. 420.9072, F.S.; conforming
84	cross-references; amending s. 420.9075, F.S.; requiring
85	local housing assistance plans to define essential service
86	personnel for the county or eligible municipality and to
87	contain a strategy for the recruitment and retention of
88	such personnel; providing for provision of funds for
89	homeownership for extremely-low-income, very-low-income,
90	or low-income persons; amending s. 420.9076, F.S.;
91	conforming a cross-reference; amending s. 420.9079, F.S.;
92	revising the maximum appropriation the Florida Housing
93	Finance Corporation may request each state fiscal year;
94	conforming a cross-reference; amending s. 1001.42, F.S.;
95	authorizing school districts to make specified lands
96	available for affordable housing for teachers and other
97	instructional personnel; amending s. 1001.43, F.S.;
98	authorizing district school boards to provide affordable
99	housing for teachers and other instructional personnel;
100	authorizing local governments to provide density bonus
101	incentives to landowners who donate fee simple interest in
102	real property to the local government for the purpose of
103	assisting the local government in providing affordable
104	housing; providing definitions and requirements governing
105	such donations and density bonuses; requiring the
106	Department of Community Affairs to establish a Home
107	Retrofit Hardening Program and establishing requirements
108	for the program; requiring the Department of Community
109	Affairs to establish a Disaster Recovery Assistance
110	Program and establishing requirements for the program;
111	authorizing the Florida Housing Finance Corporation to
112	provide funds to eligible entities for affordable housing
113	recovery in areas of the state sustaining hurricane damage
114	due to hurricanes during 2004 and 2005; providing
115	legislative findings and emergency rulemaking authority;
116	providing appropriations; providing effective dates.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Section 125.379, Florida Statutes, is created
121	to read:
122	125.379  Disposition of county property for affordable
123	housing.--
124	(1)  By January 1, 2007, and every 3 years thereafter, each
125	county shall prepare an inventory list of all real property
126	within its jurisdiction to which the county holds fee simple
127	title. The inventory list must include the address and legal
128	description of each real property and specify whether the
129	property is vacant or improved. County planning staff shall
130	review the inventory list and identify each property that is
131	appropriate for use as affordable housing. The time for
132	preparing the inventory list and its review by county planning
133	staff may not exceed 6 months. The properties identified as
134	appropriate for use as affordable housing may be offered for
135	sale and the proceeds used to purchase land for the development
136	of affordable housing or donated to the local housing assistance
137	trust fund, sold with a restriction that requires any
138	development on the property to include a specified percentage of
139	permanent affordable housing, or donated to a nonprofit housing
140	organization for the construction of permanent affordable
141	housing.
142	(2)  After completing an inventory list, the board of
143	county commissioners shall hold at least two public hearings to
144	discuss the inventory list and staff's recommendation concerning
145	which properties are appropriate for use as affordable housing.
146	The board shall comply with the provisions of s. 125.66(4)(b)1.
147	regarding the advertisement of the public hearings and shall
148	hold the first hearing no later than 30 days after completing
149	the inventory list. The board shall approve the inventory list
150	through the adoption of a resolution at the second hearing no
151	later than 6 months after completing the inventory list.
152	(3)  After the inventory list has been approved by
153	resolution, the board of county commissioners shall immediately
154	make available any real property that has been identified in the
155	inventory list as appropriate for use as affordable housing. The
156	county shall make the surplus real property available to:
157	(a)  A private developer if the purchase price paid by the
158	developer is not less than the appraised value of the property
159	based on its highest and best use and the real property is sold
160	with deed restrictions that require a specified percentage of
161	any project developed on the real property to provide affordable
162	housing for low-income and moderate-income persons, with a
163	minimum of 10 percent of the units in the project available for
164	low-income persons and another 10 percent of the units available
165	for moderate-income persons for a total minimum of 20 percent,
166	or, if providing rental housing or a combination of rental
167	housing and homeownership, an additional 5 percent of the units
168	available for very-low-income persons for a total minimum of 25
169	percent;
170	(b)  A private developer without any requirement that a
171	percentage of the units built on the real property be affordable
172	if the purchase price paid by the developer is not less than the
173	appraised value of the property based on its highest and best
174	use, in which case the county must use the funds received from
175	the developer to acquire real property on which affordable
176	housing will be built or donate the funds to the local housing
177	assistance trust fund for the purpose of implementing the
178	programs described in ss. 420.907-420.9079; or
179	(c)  A nonprofit housing organization, such as a community
180	land trust, housing authority, or community redevelopment agency
181	to be used for the production and preservation of permanent
182	affordable housing.
183	(4)  The deed restrictions required under paragraph (3)(a)
184	for an affordable housing unit must also prohibit the sale of
185	the unit at a price that exceeds the threshold for housing that
186	is affordable for low-income or moderate?income persons or to a
187	buyer who is not eligible due to his or her income under chapter
188	420. The deed restrictions may allow the affordable housing
189	units created under paragraph (3)(a) to be rented to extremely
190	low-income, very-low-income, low-income, or moderate-income
191	persons.
192	(5)  For purposes of this section, the terms "affordable,"
193	"low-income persons," "moderate-income persons," "very-low-
194	income persons", and "extremely low-income persons" have the
195	same meaning as in s. 420.0004.
196	Section 2.  Subsection (1) and paragraphs (b), (d), (e),
197	and (f) of subsection (2) of section 163.31771, Florida
198	Statutes, are amended, and paragraph (g) is added to subsection
199	(2) of that section, to read:
200	163.31771  Accessory dwelling units.--
201	(1)  The Legislature finds that the median price of homes
202	in this state has increased steadily over the last decade and at
203	a greater rate of increase than the median income in many urban
204	areas. The Legislature finds that the cost of rental housing has
205	also increased steadily and the cost often exceeds an amount
206	that is affordable to extremely-low-income, very-low-income,
207	low-income, or moderate-income persons and has resulted in a
208	critical shortage of affordable rentals in many urban areas in
209	the state. This shortage of affordable rentals constitutes a
210	threat to the health, safety, and welfare of the residents of
211	the state. Therefore, the Legislature finds that it serves an
212	important public purpose to encourage the permitting of
213	accessory dwelling units in single-family residential areas in
214	order to increase the availability of affordable rentals for
215	extremely-low-income, very-low-income, low-income, or moderate-
216	income persons.
217	(2)  As used in this section, the term:
218	(b)  "Affordable rental" means that monthly rent and
219	utilities do not exceed 30 percent of that amount which
220	represents the percentage of the median adjusted gross annual
221	income for extremely-low-income, very-low-income, low-income, or
222	moderate-income persons.
223	(d)  "Low-income persons" has the same meaning as in s.
224	420.0004(10)(9).
225	(e)  "Moderate-income persons" has the same meaning as in
226	s. 420.0004(11)(10).
227	(f)  "Very-low-income persons" has the same meaning as in
228	s. 420.0004(15)(14).
229	(g)  "Extremely-low-income persons" has the same meaning as
230	in s. 420.0004(8).
231	Section 3.  Paragraph (c) of subsection (1) of section
232	163.3187, Florida Statutes, is amended to read:
233	163.3187  Amendment of adopted comprehensive plan.--
234	(1)  Amendments to comprehensive plans adopted pursuant to
235	this part may be made not more than two times during any
236	calendar year, except:
237	(c)  Any local government comprehensive plan amendments
238	directly related to proposed small scale development activities
239	may be approved without regard to statutory limits on the
240	frequency of consideration of amendments to the local
241	comprehensive plan. A small scale development amendment may be
242	adopted only under the following conditions:
243	1.  The proposed amendment involves a use of 10 acres or
244	fewer and:
245	a.  The cumulative annual effect of the acreage for all
246	small scale development amendments adopted by the local
247	government shall not exceed:
248	(I)  A maximum of 120 acres in a local government that
249	contains areas specifically designated in the local
250	comprehensive plan for urban infill, urban redevelopment, or
251	downtown revitalization as defined in s. 163.3164, urban infill
252	and redevelopment areas designated under s. 163.2517,
253	transportation concurrency exception areas approved pursuant to
254	s. 163.3180(5), or regional activity centers and urban central
255	business districts approved pursuant to s. 380.06(2)(e);
256	however, amendments under this paragraph may be applied to no
257	more than 60 acres annually of property outside the designated
258	areas listed in this sub-sub-subparagraph. Amendments adopted
259	pursuant to paragraph (k) shall not be counted toward the
260	acreage limitations for small scale amendments under this
261	paragraph.
262	(II)  A maximum of 80 acres in a local government that does
263	not contain any of the designated areas set forth in sub-sub-
264	subparagraph (I).
265	(III)  A maximum of 120 acres in a county established
266	pursuant to s. 9, Art. VIII of the State Constitution.
267	b.  The proposed amendment does not involve the same
268	property granted a change within the prior 12 months.
269	c.  The proposed amendment does not involve the same
270	owner's property within 200 feet of property granted a change
271	within the prior 12 months.
272	d.  The proposed amendment does not involve a text change
273	to the goals, policies, and objectives of the local government's
274	comprehensive plan, but only proposes a land use change to the
275	future land use map for a site-specific small scale development
276	activity.
277	e.  The property that is the subject of the proposed
278	amendment is not located within an area of critical state
279	concern, unless the project subject to the proposed amendment
280	involves the construction of affordable housing units meeting
281	the criteria of s. 420.0004(3), and is located within an area of
282	critical state concern designated by s. 380.0552 or by the
283	Administration Commission pursuant to s. 380.05(1). Such
284	amendment is not subject to the density limitations of sub-
285	subparagraph f., and shall be reviewed by the state land
286	planning agency for consistency with the principles for guiding
287	development applicable to the area of critical state concern
288	where the amendment is located and shall not become effective
289	until a final order is issued under s. 380.05(6).
290	f.  If the proposed amendment involves a residential land
291	use, the residential land use has a density of 10 units or less
292	per acre or the proposed future land use category allows a
293	maximum residential density of the same or less than the maximum
294	residential density allowable under the existing future land use
295	category, except that this limitation does not apply to small
296	scale amendments involving the construction of affordable
297	housing units meeting the criteria of s. 420.0004(3) on property
298	which will be the subject of a land use restriction agreement or
299	extended use agreement recorded in conjunction with the issuance
300	of tax exempt bond financing or an allocation of federal tax
301	credits issued through the Florida Housing Finance Corporation
302	or a local housing finance authority authorized by the Division
303	of Bond Finance of the State Board of Administration, or small
304	scale amendments described in sub-sub-subparagraph a.(I) that
305	are designated in the local comprehensive plan for urban infill,
306	urban redevelopment, or downtown revitalization as defined in s.
307	163.3164, urban infill and redevelopment areas designated under
308	s. 163.2517, transportation concurrency exception areas approved
309	pursuant to s. 163.3180(5), or regional activity centers and
310	urban central business districts approved pursuant to s.
311	380.06(2)(e).
312	2.a.  A local government that proposes to consider a plan
313	amendment pursuant to this paragraph is not required to comply
314	with the procedures and public notice requirements of s.
315	163.3184(15)(c) for such plan amendments if the local government
316	complies with the provisions in s. 125.66(4)(a) for a county or
317	in s. 166.041(3)(c) for a municipality. If a request for a plan
318	amendment under this paragraph is initiated by other than the
319	local government, public notice is required.
320	b.  The local government shall send copies of the notice
321	and amendment to the state land planning agency, the regional
322	planning council, and any other person or entity requesting a
323	copy. This information shall also include a statement
324	identifying any property subject to the amendment that is
325	located within a coastal high-hazard area as identified in the
326	local comprehensive plan.
327	3.  Small scale development amendments adopted pursuant to
328	this paragraph require only one public hearing before the
329	governing board, which shall be an adoption hearing as described
330	in s. 163.3184(7), and are not subject to the requirements of s.
331	163.3184(3)-(6) unless the local government elects to have them
332	subject to those requirements.
333	4.  If the small scale development amendment involves a
334	site within an area that is designated by the Governor as a
335	rural area of critical economic concern under s. 288.0656(7) for
336	the duration of such designation, the 10-acre limit listed in
337	subparagraph 1. shall be increased by 100 percent to 20 acres.
338	The local government approving the small scale plan amendment
339	shall certify to the Office of Tourism, Trade, and Economic
340	Development that the plan amendment furthers the economic
341	objectives set forth in the executive order issued under s.
342	288.0656(7), and the property subject to the plan amendment
343	shall undergo public review to ensure that all concurrency
344	requirements and federal, state, and local environmental permit
345	requirements are met.
346	Section 4.  Section 166.0451, Florida Statutes, is created
347	to read:
348	166.0451  Disposition of municipal property for affordable
349	housing.--
350	(1)  By January 1, 2007, and every 3 years thereafter, each
351	municipality shall prepare an inventory list of all real
352	property within its jurisdiction to which the municipality holds
353	fee simple title. The inventory list must include the address
354	and legal description of each property and specify whether the
355	property is vacant or improved. Municipal planning staff shall
356	review the inventory list and identify each real property that
357	is appropriate for use as affordable housing. The time for
358	preparing the inventory list and its review by municipal
359	planning staff may not exceed 6 months. The properties
360	identified as appropriate for use as affordable housing may be
361	offered for sale and the proceeds used to purchase land for the
362	development of affordable housing or donated to the local
363	housing assistance trust fund, sold with a restriction that
364	requires any development on the property to include a specified
365	percentage of permanent affordable housing, or donated to a
366	nonprofit housing organization for the construction of permanent
367	affordable housing.
368	(2)  Upon completing an inventory list in compliance with
369	this section, the governing body of the municipality shall hold
370	at least two public hearings to discuss the inventory list and
371	the recommendation of the staff concerning which properties are
372	appropriate for use as affordable housing. The governing body
373	shall comply with s. 166.041(3)(c)2.a. regarding the
374	advertisement of the public hearings and shall hold the first
375	hearing no later than 30 days after completing the inventory
376	list. The governing body shall approve the inventory list
377	through the adoption of a resolution at the second hearing no
378	later than 6 months after completing the inventory list.
379	(3)  After the inventory list has been approved by
380	resolution, the governing body of the municipality shall
381	immediately make available any real property that has been
382	identified in the inventory list as appropriate for use as
383	affordable housing. The municipality shall make the surplus real
384	property available to:
385	(a)  A private developer if the purchase price paid by the
386	developer is not less than the appraised value of the property
387	based on its highest and best use and the real property is sold
388	with deed restrictions that require a specified percentage of
389	any project developed on the real property to provide affordable
390	housing for low-income and moderate-income persons, with a
391	minimum of 10 percent of the units in the project available for
392	low-income persons and another 10 percent of the units available
393	for moderate-income persons for a total minimum of 20 percent,
394	or, if providing rental housing or a combination of rental
395	housing and homeownership, an additional 5 percent of the units
396	available for very-low-income persons for a total minimum of 25
397	percent;
398	(b)  A private developer without any requirement that a
399	percentage of the units built on the real property be affordable
400	if the purchase price paid by the developer is not less than the
401	appraised value of the property based on its highest and best
402	use, in which case the municipality must use the funds received
403	from the developer to acquire real property on which affordable
404	housing will be built or donate the funds to the local housing
405	trust fund for the purpose of implementing the programs
406	described in ss. 420.907-420.9079; or
407	(c)  A nonprofit housing organization, such as a community
408	land trust, housing authority, or community land trust, housing
409	authority, or community redevelopment agency to be used for the
410	production and preservation of permanently affordable housing.
411	(4)  The deed restrictions required under paragraph (3)(a)
412	for an affordable housing unit must also prohibit the sale of
413	the unit at a price that exceeds the threshold for housing that
414	is affordable for low-income or moderate-income persons or to a
415	buyer who is not eligible due to his or her income under chapter
416	420. The deed restrictions may allow the affordable housing
417	units created under paragraph (3)(a) to be rented to extremely-
418	low-income, very-low-income, low-income, or moderate-income
419	persons.
420	(5)  For purposes of this section, the terms "affordable,"
421	"extremely-low-income persons," "low-income persons," "moderate-
422	income persons," and "very-low-income persons" have the same
423	meaning as in s. 420.0004.
424	Section 5.  Subsections (6) and (7) are added to section
425	189.4155, Florida Statutes, to read:
426	189.4155  Activities of special districts; local government
427	comprehensive planning.--
428	(6)  Any independent special district created pursuant to
429	chapter 190 is authorized to provide housing and housing
430	assistance for persons whose total annual household income does
431	not exceed 140 percent of the area median income, adjusted for
432	family size.
433	(7)  Any independent special district created pursuant to
434	special act or general law, including, but not limited to, this
435	chapter and chapter 298, for the purpose of providing urban
436	infrastructure or services is authorized to provide housing and
437	housing assistance for its employed personnel whose total annual
438	household income does not exceed 140 percent of the area median
439	income, adjusted for family size.
440	Section 6.  Subsection (19) is added to section 191.006,
441	Florida Statutes, to read:
442	191.006  General powers.--The district shall have, and the
443	board may exercise by majority vote, the following powers:
444	(19)  To provide housing and housing assistance for its
445	employed personnel whose total annual household income does not
446	exceed 140 percent of the area median income, adjusted for
447	family size.
448	Section 7.  Subsection (5) is added to section 193.017,
449	Florida Statutes, to read:
450	193.017  Low-income housing tax credit.--Property used for
451	affordable housing which has received a low-income housing tax
452	credit from the Florida Housing Finance Corporation, as
453	authorized by s. 420.5099, shall be assessed under s. 193.011
454	and, consistent with s. 420.5099(5) and (6), pursuant to this
455	section.
456	(5)  If a capitalization rate is used to assess just
457	valuation for the affordable housing property, the appraiser
458	shall use a capitalization rate that is comparable to a rate
459	used for nonaffordable market-based properties.
460	Section 8.  Section 193.018, Florida Statutes, is created
461	to read:
462	193.018  The Manny Diaz Affordable Housing Property Tax
463	Relief Initiative.--
464	(1)  For the purpose of assessing just valuation of
465	affordable housing properties serving persons with income limits
466	defined as extremely low, low, moderate, and very low, as
467	specified in s. 420.0004(8), (10), (11), and (15), the actual
468	rental income from rent-restricted units in such a property
469	shall be recognized by the property appraiser for assessment
470	purposes, and a rental income approach pursuant to s. 193.011(7)
471	shall be used for assessment of the rents for the following
472	affordable housing properties:
473	(a)  Property that is funded by the United States
474	Department of Housing and Urban Development under s. 8 of the
475	United States Housing Act of 1937 that is used to provide
476	affordable housing serving eligible persons as defined by s.
477	159.603(7) and elderly persons, extremely-low-income persons,
478	and very-low-income persons as defined by s. 420.0004(7), (8),
479	and (15) and that has undergone financial restructuring as
480	provided in s. 501, Title V, Subtitle A of the Multifamily
481	Assisted Housing Reform and Affordability Act of 1997;
482	(b)  Multifamily, farmworker, or elderly rental properties
483	that are funded by the Florida Housing Finance Corporation under
484	ss. 420.5087 and 420.5089 and the State Housing Initiatives
485	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
486	the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment
487	Partnership Program under the Cranston-Gonzalez National
488	Affordable Housing Act, 42 U.S.C. s. 12741 et seq.; or the
489	Federal Home Loan Banks' Affordable Housing Program established
490	pursuant to the Financial Institutions Reform, Recovery and
491	Enforcement Act of 1989, Pub. L. No. 101-73; or
492	(c)  Multifamily residential rental properties of 10 or
493	more units that are deed restricted as affordable housing and
494	certified by the local housing agency as having at least 95
495	percent of its units providing affordable housing to extremely-
496	low-income persons, very-low-income persons, low-income persons,
497	and moderate-income persons as defined by s. 420.0004(8), (15),
498	(10), and (11).
499	(2)  Properties used for affordable housing which have
500	received a low-income housing tax credit from the Florida
501	Housing Finance Corporation, as authorized by s. 420.5099, shall
502	be assessed with priority consideration given to the rental
503	income approach under s. 193.011(7) and, consistent with s.
504	420.5099(5) and (6), pursuant to this section, the following
505	assumptions shall apply:
506	(a)  The tax credits granted and the financing generated by
507	the tax credits may not be considered as income to the property.
508	(b)  The actual rental income from rent-restricted units in
509	such a property shall be recognized by the property appraiser as
510	the real rents for assessing just value.
511	(c)  Any costs paid for by tax credits and costs paid for
512	by additional financing proceeds received under chapter 420 may
513	not be included in the valuation of the property.
514	(d)  If an extended low-income housing agreement is filed
515	in the official public records of the county in which the
516	property is located, the agreement, and any recorded amendment
517	or supplement thereto, shall be considered a land-use regulation
518	and a limitation on the highest and best use of the property
519	during the term of the agreement, amendment, or supplement.
520	Section 9.  Section 196.1978, Florida Statutes, is amended
521	to read:
522	196.1978  Affordable housing property exemption.--
523	(1)  Property used to provide affordable housing serving
524	eligible persons as defined by s. 159.603(7) and persons meeting
525	income limits specified in s. 420.0004(10)(9), (11)(10), and
526	(15)(14), which property is owned entirely by a nonprofit entity
527	which is qualified as charitable under s. 501(c)(3) of the
528	Internal Revenue Code and which complies with Rev. Proc. 96-32,
529	1996-1 C.B. 717, shall be considered property owned by an exempt
530	entity and used for a charitable purpose, and those portions of
531	the affordable housing property which provide housing to
532	individuals with incomes as defined in s. 420.0004(10)(9) and
533	(15)(14) shall be exempt from ad valorem taxation to the extent
534	authorized in s. 196.196.
535	(2)  For the purposes of this section, ownership entirely
536	by a nonprofit entity is classified as ownership by either:
537	(a)  A corporation not for profit; or
538	(b)  A Florida limited partnership the sole general partner
539	of which is either a corporation not for profit or a Florida
540	limited liability company or corporation the sole member or
541	shareholder, respectively, of which is a corporation not for
542	profit.
543	(3)  All property owned by a nonprofit entity identified in
544	this section shall comply with the criteria for determination of
545	exempt status to be applied by property appraisers on an annual
546	basis as defined in s. 196.195. In order to qualify for exempt
547	status, the nonprofit entity must affirmatively demonstrate to
548	the property appraiser that no part of the subject property, or
549	the sale, lease, or other disposition of the assets of the
550	property, will inure to the benefit of its member, officers,
551	limited liability partners, or any person or firm operating for
552	profit of for a nonexempt purpose. The Legislature intends that
553	any property owned by a limited liability company which is
554	disregarded as an entity for federal income tax purposes
555	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
556	treated as owned by its sole member.
557	Section 10.  Paragraphs (o) and (q) of subsection (5) of
558	section 212.08, Florida Statutes, are amended to read:
559	212.08  Sales, rental, use, consumption, distribution, and
560	storage tax; specified exemptions.--The sale at retail, the
561	rental, the use, the consumption, the distribution, and the
562	storage to be used or consumed in this state of the following
563	are hereby specifically exempt from the tax imposed by this
564	chapter.
565	(5)  EXEMPTIONS; ACCOUNT OF USE.--
566	(o)  Building materials in redevelopment projects.--
567	1.  As used in this paragraph, the term:
568	a.  "Building materials" means tangible personal property
569	that becomes a component part of a housing project or a mixed-
570	use project.
571	b.  "Housing project" means the conversion of an existing
572	manufacturing or industrial building to housing units in an
573	urban high-crime area, enterprise zone, empowerment zone, Front
574	Porch Community, designated brownfield area, or urban infill
575	area and in which the developer agrees to set aside at least 20
576	percent of the housing units in the project for extremely-low-
577	income, low-income, and moderate-income persons or the
578	construction in a designated brownfield area of affordable
579	housing for persons described in s. 420.0004(8)(9), (11)(10), or
580	(15)(14), or in s. 159.603(7).
581	c.  "Mixed-use project" means the conversion of an existing
582	manufacturing or industrial building to mixed-use units that
583	include artists' studios, art and entertainment services, or
584	other compatible uses. A mixed-use project must be located in an
585	urban high-crime area, enterprise zone, empowerment zone, Front
586	Porch Community, designated brownfield area, or urban infill
587	area, and the developer must agree to set aside at least 20
588	percent of the square footage of the project for low-income and
589	moderate-income housing.
590	d.  "Substantially completed" has the same meaning as
591	provided in s. 192.042(1).
592	2.  Building materials used in the construction of a
593	housing project or mixed-use project are exempt from the tax
594	imposed by this chapter upon an affirmative showing to the
595	satisfaction of the department that the requirements of this
596	paragraph have been met. This exemption inures to the owner
597	through a refund of previously paid taxes. To receive this
598	refund, the owner must file an application under oath with the
599	department which includes:
600	a.  The name and address of the owner.
601	b.  The address and assessment roll parcel number of the
602	project for which a refund is sought.
603	c.  A copy of the building permit issued for the project.
604	d.  A certification by the local building code inspector
605	that the project is substantially completed.
606	e.  A sworn statement, under penalty of perjury, from the
607	general contractor licensed in this state with whom the owner
608	contracted to construct the project, which statement lists the
609	building materials used in the construction of the project and
610	the actual cost thereof, and the amount of sales tax paid on
611	these materials. If a general contractor was not used, the owner
612	shall provide this information in a sworn statement, under
613	penalty of perjury. Copies of invoices evidencing payment of
614	sales tax must be attached to the sworn statement.
615	3.  An application for a refund under this paragraph must
616	be submitted to the department within 6 months after the date
617	the project is deemed to be substantially completed by the local
618	building code inspector. Within 30 working days after receipt of
619	the application, the department shall determine if it meets the
620	requirements of this paragraph. A refund approved pursuant to
621	this paragraph shall be made within 30 days after formal
622	approval of the application by the department. The provisions of
623	s. 212.095 do not apply to any refund application made under
624	this paragraph.
625	4.  The department shall establish by rule an application
626	form and criteria for establishing eligibility for exemption
627	under this paragraph.
628	5.  The exemption shall apply to purchases of materials on
629	or after July 1, 2000.
630	(q)  Community contribution tax credit for donations.--
631	1.  Authorization.--Beginning July 1, 2001, Persons who are
632	registered with the department under s. 212.18 to collect or
633	remit sales or use tax and who make donations to eligible
634	sponsors are eligible for tax credits against their state sales
635	and use tax liabilities as provided in this paragraph:
636	a.  The credit shall be computed as 50 percent of the
637	person's approved annual community contribution.;
638	b.  The credit shall be granted as a refund against state
639	sales and use taxes reported on returns and remitted in the 12
640	months preceding the date of application to the department for
641	the credit as required in sub-subparagraph 3.c. If the annual
642	credit is not fully used through such refund because of
643	insufficient tax payments during the applicable 12-month period,
644	the unused amount may be included in an application for a refund
645	made pursuant to sub-subparagraph 3.c. in subsequent years
646	against the total tax payments made for such year. Carryover
647	credits may be applied for a 3-year period without regard to any
648	time limitation that would otherwise apply under s. 215.26.;
649	c.  A person may not receive more than $200,000 in annual
650	tax credits for all approved community contributions made in any
651	one year.;
652	d.  All proposals for the granting of the tax credit
653	require the prior approval of the Office of Tourism, Trade, and
654	Economic Development.;
655	e.  The total amount of tax credits which may be granted
656	for all programs approved under this paragraph, s. 220.183, and
657	s. 624.5105 is $10 $12 million annually for projects that
658	provide homeownership opportunities for extremely-low-income
659	persons, as defined in s. 420.004(8), or low-income or very-low-
660	income persons, as defined in s. 420.9071(19) and (28), and $3
661	million annually for all other projects.; and
662	f.  A person who is eligible to receive the credit provided
663	for in this paragraph, s. 220.183, or s. 624.5105 may receive
664	the credit only under the one section of the person's choice.
665	2.  Eligibility requirements.--
666	a.  A community contribution by a person must be in the
667	following form:
668	(I)  Cash or other liquid assets;
669	(II)  Real property;
670	(III)  Goods or inventory; or
671	(IV)  Other physical resources as identified by the Office
672	of Tourism, Trade, and Economic Development.
673	b.  All community contributions must be reserved
674	exclusively for use in a project. As used in this sub-
675	subparagraph, the term "project" means any activity undertaken
676	by an eligible sponsor which is designed to construct, improve,
677	or substantially rehabilitate housing that is affordable to
678	extremely-low-income persons, as defined in s. 420.0004(8), or
679	low-income or very-low-income households, as defined in s.
680	420.9071(19) and (28); designed to provide commercial,
681	industrial, or public resources and facilities; or designed to
682	improve entrepreneurial and job-development opportunities for
683	low-income persons. A project may be the investment necessary to
684	increase access to high-speed broadband capability in rural
685	communities with enterprise zones, including projects that
686	result in improvements to communications assets that are owned
687	by a business. A project may include the provision of museum
688	educational programs and materials that are directly related to
689	any project approved between January 1, 1996, and December 31,
690	1999, and located in an enterprise zone designated pursuant to
691	s. 290.0065. This paragraph does not preclude projects that
692	propose to construct or rehabilitate housing for low-income or
693	very-low-income households on scattered sites. With respect to
694	housing, contributions may be used to pay the following eligible
695	low-income and very-low-income housing-related activities:
696	(I)  Project development impact and management fees for
697	extremely-low-income, low-income, or very-low-income housing
698	projects;
699	(II)  Down payment and closing costs for eligible persons,
700	as defined in s. 420.9071(19) and (28);
701	(III)  Administrative costs, including housing counseling
702	and marketing fees, not to exceed 10 percent of the community
703	contribution, directly related to extremely-low-income, low-
704	income, or very-low-income projects; and
705	(IV)  Removal of liens recorded against residential
706	property by municipal, county, or special district local
707	governments when satisfaction of the lien is a necessary
708	precedent to the transfer of the property to an eligible person,
709	as defined in s. 420.9071(19) and (28), for the purpose of
710	promoting home ownership. Contributions for lien removal must be
711	received from a nonrelated third party.
712	c.  The project must be undertaken by an "eligible
713	sponsor," which includes:
714	(I)  A community action program;
715	(II)  A nonprofit community-based development organization
716	whose mission is the provision of housing for extremely-low-
717	income, low-income, or very-low-income households or increasing
718	entrepreneurial and job-development opportunities for low-income
719	persons;
720	(III)  A neighborhood housing services corporation;
721	(IV)  A local housing authority created under chapter 421;
722	(V)  A community redevelopment agency created under s.
723	163.356;
724	(VI)  The Florida Industrial Development Corporation;
725	(VII)  A historic preservation district agency or
726	organization;
727	(VIII)  A regional workforce board;
728	(IX)  A direct-support organization as provided in s.
729	1009.983;
730	(X)  An enterprise zone development agency created under s.
731	290.0056;
732	(XI)  A community-based organization incorporated under
733	chapter 617 which is recognized as educational, charitable, or
734	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
735	and whose bylaws and articles of incorporation include
736	affordable housing, economic development, or community
737	development as the primary mission of the corporation;
738	(XII)  Units of local government;
739	(XIII)  Units of state government; or
740	(XIV)  Any other agency that the Office of Tourism, Trade,
741	and Economic Development designates by rule.
742
743	In no event may a contributing person have a financial interest
744	in the eligible sponsor.
745	d.  The project must be located in an area designated an
746	enterprise zone or a Front Porch Florida Community pursuant to
747	s. 20.18(6), unless the project increases access to high-speed
748	broadband capability for rural communities with enterprise zones
749	but is physically located outside the designated rural zone
750	boundaries. Any project designed to construct or rehabilitate
751	housing for low-income or very-low-income households as defined
752	in s. 420.0971(19) and (28) is exempt from the area requirement
753	of this sub-subparagraph.
754	e.(I)  For the first 6 months of the fiscal year, the
755	Office of Tourism, Trade, and Economic Development shall reserve
756	80 percent of the first $10 million in available annual tax
757	credits and 70 percent of any available annual tax credits in
758	excess of $10 million for donations made to eligible sponsors
759	for projects that provide homeownership opportunities for low-
760	income or very-low-income households as defined in s.
761	420.9071(19) and (28). If any such reserved annual tax credits
762	remain after the first 6 months of the fiscal year, the office
763	may approve the balance of these available credits for donations
764	made to eligible sponsors for projects other than those that
765	provide homeownership opportunities for low-income or very-low-
766	income households.
767	(II)  For the first 6 months of the fiscal year, the office
768	shall reserve 20 percent of the first $10 million in available
769	annual tax credits and 30 percent of any available annual tax
770	credits in excess of $10 million for donations made to eligible
771	sponsors for projects other than those that provide
772	homeownership opportunities for low-income or very-low-income
773	households as defined in s. 420.9071(19) and (28). If any
774	reserved annual tax credits remain after the first 6 months of
775	the fiscal year, the office may approve the balance of these
776	available credits for donations made to eligible sponsors for
777	projects that provide homeownership opportunities for low-income
778	or very-low-income households.
779	(III)  If, during the first 10 business days of the state
780	fiscal year, eligible tax credit applications for projects that
781	provide homeownership opportunities for extremely-low-income
782	persons, as defined in s. 420.004(8), or low-income or very-low-
783	income persons, as defined in s. 420.9071(19) and (28), are
784	received for less than the available annual tax credits
785	available for those projects reserved under sub-sub-subparagraph
786	(I), the office shall grant tax credits for those applications
787	and shall grant remaining tax credits on a first-come, first-
788	served basis for any subsequent eligible applications received
789	before the end of the first 6 months of the state fiscal year.
790	If, during the first 10 business days of the state fiscal year,
791	eligible tax credit applications for projects that provide
792	homeownership opportunities for extremely-low-income persons, as
793	defined in s. 420.004(8), or low-income or very-low-income
794	persons, as defined in s. 420.9071(19) and (28), are received
795	for more than the available annual tax credits available for
796	those projects reserved under sub-sub-subparagraph (I), the
797	office shall grant the tax credits for those the applications as
798	follows:
799	(A)  If tax credit applications submitted for approved
800	projects of an eligible sponsor do not exceed $200,000 in total,
801	the credits shall be granted in full if the tax credit
802	applications are approved, subject to sub-sub-subparagraph (I).
803	(B)  If tax credit applications submitted for approved
804	projects of an eligible sponsor exceed $200,000 in total, the
805	amount of tax credits granted pursuant to sub-sub-sub-
806	subparagraph (A) shall be subtracted from the amount of
807	available tax credits under sub-sub-subparagraph (I), and the
808	remaining credits shall be granted to each approved tax credit
809	application on a pro rata basis.
810	(C)  If, after the first 6 months of the fiscal year,
811	additional credits become available under sub-sub-subparagraph
812	(II), the office shall grant the tax credits by first granting
813	to those who received a pro rata reduction up to the full amount
814	of their request and, if there are remaining credits, granting
815	credits to those who applied on or after the 11th business day
816	of the state fiscal year on a first-come, first-served basis.
817	(II)(IV)  If, during the first 10 business days of the
818	state fiscal year, eligible tax credit applications for projects
819	other than those that provide homeownership opportunities for
820	extremely-low-income persons, as defined in s. 420.004(8), or
821	low-income or very-low-income persons, as defined in s.
822	420.9071(19) and (28), are received for less than the available
823	annual tax credits available for those projects reserved under
824	sub-sub-subparagraph (II), the office shall grant tax credits
825	for those applications and shall grant remaining tax credits on
826	a first-come, first-served basis for any subsequent eligible
827	applications received before the end of the first 6 months of
828	the state fiscal year. If, during the first 10 business days of
829	the state fiscal year, eligible tax credit applications for
830	projects other than those that provide homeownership
831	opportunities for extremely-low-income persons, as defined in s.
832	420.004(8), or low-income or very-low-income persons, as defined
833	in s. 420.9071(19) and (28), are received for more than the
834	available annual tax credits available for those projects
835	reserved under sub-sub-subparagraph (II), the office shall grant
836	the tax credits for those the applications on a pro rata basis.
837	If, after the first 6 months of the fiscal year, additional
838	credits become available under sub-sub-subparagraph (I), the
839	office shall grant the tax credits by first granting to those
840	who received a pro rata reduction up to the full amount of their
841	request and, if there are remaining credits, granting credits to
842	those who applied on or after the 11th business day of the state
843	fiscal year on a first-come, first-served basis.
844	3.  Application requirements.--
845	a.  Any eligible sponsor seeking to participate in this
846	program must submit a proposal to the Office of Tourism, Trade,
847	and Economic Development which sets forth the name of the
848	sponsor, a description of the project, and the area in which the
849	project is located, together with such supporting information as
850	is prescribed by rule. The proposal must also contain a
851	resolution from the local governmental unit in which the project
852	is located certifying that the project is consistent with local
853	plans and regulations.
854	b.  Any person seeking to participate in this program must
855	submit an application for tax credit to the office of Tourism,
856	Trade, and Economic Development which sets forth the name of the
857	sponsor, a description of the project, and the type, value, and
858	purpose of the contribution. The sponsor shall verify the terms
859	of the application and indicate its receipt of the contribution,
860	which verification must be in writing and accompany the
861	application for tax credit. The person must submit a separate
862	tax credit application to the office for each individual
863	contribution that it makes to each individual project.
864	c.  Any person who has received notification from the
865	office of Tourism, Trade, and Economic Development that a tax
866	credit has been approved must apply to the department to receive
867	the refund. Application must be made on the form prescribed for
868	claiming refunds of sales and use taxes and be accompanied by a
869	copy of the notification. A person may submit only one
870	application for refund to the department within any 12-month
871	period.
872	4.  Administration.--
873	a.  The Office of Tourism, Trade, and Economic Development
874	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
875	to administer this paragraph, including rules for the approval
876	or disapproval of proposals by a person.
877	b.  The decision of the office of Tourism, Trade, and
878	Economic Development must be in writing, and, if approved, the
879	notification shall state the maximum credit allowable to the
880	person. Upon approval, the office shall transmit a copy of the
881	decision to the Department of Revenue.
882	c.  The office of Tourism, Trade, and Economic Development
883	shall periodically monitor all projects in a manner consistent
884	with available resources to ensure that resources are used in
885	accordance with this paragraph; however, each project must be
886	reviewed at least once every 2 years.
887	d.  The office of Tourism, Trade, and Economic Development
888	shall, in consultation with the Department of Community Affairs,
889	the Florida Housing Finance Corporation, and the statewide and
890	regional housing and financial intermediaries, market the
891	availability of the community contribution tax credit program to
892	community-based organizations.
893	5.  Expiration.--This paragraph expires June 30, 2015;
894	however, any accrued credit carryover that is unused on that
895	date may be used until the expiration of the 3-year carryover
896	period for such credit.
897	Section 11.  Paragraph (c) of subsection (1) and paragraph
898	(b) of subsection (2) of section 220.183, Florida Statutes, are
899	amended to read:
900	220.183  Community contribution tax credit.--
901	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
902	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
903	SPENDING.--
904	(c)  The total amount of tax credit which may be granted
905	for all programs approved under this section, s. 212.08(5)(q),
906	and s. 624.5105 is $10 $12 million annually for projects that
907	provide homeownership opportunities for extremely-low-income
908	persons, as defined in s. 420.004(8), or low-income or very-low-
909	income persons, as defined in s. 420.9071(19) and (28), and $3
910	million annually for all other projects.
911	(2)  ELIGIBILITY REQUIREMENTS.--
912	(b)1.  All community contributions must be reserved
913	exclusively for use in projects as defined in s. 220.03(1)(t).
914	2.  For the first 6 months of the fiscal year, the Office
915	of Tourism, Trade, and Economic Development shall reserve 80
916	percent of the first $10 million in available annual tax
917	credits, and 70 percent of any available annual tax credits in
918	excess of $10 million, for donations made to eligible sponsors
919	for projects that provide homeownership opportunities for low-
920	income or very-low-income households as defined in s.
921	420.9071(19) and (28). If any reserved annual tax credits remain
922	after the first 6 months of the fiscal year, the office may
923	approve the balance of these available credits for donations
924	made to eligible sponsors for projects other than those that
925	provide homeownership opportunities for low-income or very-low-
926	income households.
927	3.  For the first 6 months of the fiscal year, the office
928	shall reserve 20 percent of the first $10 million in available
929	annual tax credits, and 30 percent of any available annual tax
930	credits in excess of $10 million, for donations made to eligible
931	sponsors for projects other than those that provide
932	homeownership opportunities for low-income or very-low-income
933	households as defined in s. 420.9071(19) and (28). If any
934	reserved annual tax credits remain after the first 6 months of
935	the fiscal year, the office may approve the balance of these
936	available credits for donations made to eligible sponsors for
937	projects that provide homeownership opportunities for low-income
938	or very-low-income households.
939	2.4.  If, during the first 10 business days of the state
940	fiscal year, eligible tax credit applications for projects that
941	provide homeownership opportunities for extremely-low-income
942	persons, as defined in s. 420.004(8), or low-income or very-low-
943	income persons, as defined in s. 420.9071(19) and (28), are
944	received for less than the available annual tax credits
945	available for those projects reserved under subparagraph 2., the
946	office shall grant tax credits for those applications and shall
947	grant remaining tax credits on a first-come, first-served basis
948	for any subsequent eligible applications received before the end
949	of the first 6 months of the state fiscal year. If, during the
950	first 10 business days of the state fiscal year, eligible tax
951	credit applications for projects that provide homeownership
952	opportunities for extremely-low-income persons, as defined in s.
953	420.004(8), or low-income or very-low-income persons, as defined
954	in s. 420.9071(19) and (28), are received for more than the
955	available annual tax credits available for those projects
956	reserved under subparagraph 2., the office shall grant the tax
957	credits for those such applications as follows:
958	a.  If tax credit applications submitted for approved
959	projects of an eligible sponsor do not exceed $200,000 in total,
960	the credit shall be granted in full if the tax credit
961	applications are approved, subject to the provisions of
962	subparagraph 2.
963	b.  If tax credit applications submitted for approved
964	projects of an eligible sponsor exceed $200,000 in total, the
965	amount of tax credits granted under sub-subparagraph a. shall be
966	subtracted from the amount of available tax credits under
967	subparagraph 2., and the remaining credits shall be granted to
968	each approved tax credit application on a pro rata basis.
969	c.  If, after the first 6 months of the fiscal year,
970	additional credits become available pursuant to subparagraph 3.,
971	the office shall grant the tax credits by first granting to
972	those who received a pro rata reduction up to the full amount of
973	their request and, if there are remaining credits, granting
974	credits to those who applied on or after the 11th business day
975	of the state fiscal year on a first-come, first-served basis.
976	3.5.  If, during the first 10 business days of the state
977	fiscal year, eligible tax credit applications for projects other
978	than those that provide homeownership opportunities for
979	extremely-low-income persons, as defined in s. 420.004(8), or
980	low-income or very-low-income persons, as defined in s.
981	420.9071(19) and (28), are received for less than the available
982	annual tax credits available for those projects reserved under
983	subparagraph 3., the office shall grant tax credits for those
984	applications and shall grant remaining tax credits on a first-
985	come, first-served basis for any subsequent eligible
986	applications received before the end of the first 6 months of
987	the state fiscal year. If, during the first 10 business days of
988	the state fiscal year, eligible tax credit applications for
989	projects other than those that provide homeownership
990	opportunities for extremely-low-income persons, as defined in s.
991	420.004(8), or low-income or very-low-income persons, as defined
992	in s. 420.9071(19) and (28), are received for more than the
993	available annual tax credits available for those projects
994	reserved under subparagraph 3., the office shall grant the tax
995	credits for those such applications on a pro rata basis. If,
996	after the first 6 months of the fiscal year, additional credits
997	become available under subparagraph 2., the office shall grant
998	the tax credits by first granting to those who received a pro
999	rata reduction up to the full amount of their request and, if
1000	there are remaining credits, granting credits to those who
1001	applied on or after the 11th business day of the state fiscal
1002	year on a first-come, first-served basis.
1003	Section 12.  Paragraph (f) of subsection (6) of section
1004	253.034, Florida Statutes, is amended to read:
1005	253.034  State-owned lands; uses.--
1006	(6)  The Board of Trustees of the Internal Improvement
1007	Trust Fund shall determine which lands, the title to which is
1008	vested in the board, may be surplused. For conservation lands,
1009	the board shall make a determination that the lands are no
1010	longer needed for conservation purposes and may dispose of them
1011	by an affirmative vote of at least three members. In the case of
1012	a land exchange involving the disposition of conservation lands,
1013	the board must determine by an affirmative vote of at least
1014	three members that the exchange will result in a net positive
1015	conservation benefit. For all other lands, the board shall make
1016	a determination that the lands are no longer needed and may
1017	dispose of them by an affirmative vote of at least three
1018	members.
1019	(f)1.  In reviewing lands owned by the board, the council
1020	shall consider whether such lands would be more appropriately
1021	owned or managed by the county or other unit of local government
1022	in which the land is located. The council shall recommend to the
1023	board whether a sale, lease, or other conveyance to a local
1024	government would be in the best interests of the state and local
1025	government. The provisions of this paragraph in no way limit the
1026	provisions of ss. 253.111 and 253.115. Such lands shall be
1027	offered to the state, county, or local government for a period
1028	of 30 days. Permittable uses for such surplus lands may include
1029	public schools; public libraries; fire or law enforcement
1030	substations; and governmental, judicial, or recreational
1031	centers; and affordable housing. County or local government
1032	requests for surplus lands shall be expedited throughout the
1033	surplusing process. If the county or local government does not
1034	elect to purchase such lands in accordance with s. 253.111, then
1035	any surplusing determination involving other governmental
1036	agencies shall be made upon the board deciding the best public
1037	use of the lands. Surplus properties in which governmental
1038	agencies have expressed no interest shall then be available for
1039	sale on the private market.
1040	2.  Notwithstanding subparagraph 1., any surplus lands that
1041	were acquired by the state prior to 1958 by a gift or other
1042	conveyance for no consideration from a municipality, and which
1043	the department has filed by July 1, 2006, a notice of its intent
1044	to surplus, shall be first offered for reconveyance to such
1045	municipality at no cost, but for the fair market value of any
1046	building or other improvements to the land, unless otherwise
1047	provided in a deed restriction of record. This subparagraph
1048	expires July 1, 2006.
1049	Section 13.  Section 253.0341, Florida Statutes, is amended
1050	to read:
1051	253.0341  Surplus of state-owned lands to counties or local
1052	governments.--Counties and local governments may submit
1053	surplusing requests for state-owned lands directly to the board
1054	of trustees. County or local government requests for the state
1055	to surplus conservation or nonconservation lands, whether for
1056	purchase or exchange, shall be expedited throughout the
1057	surplusing process. Property jointly acquired by the state and
1058	other entities shall not be surplused without the consent of all
1059	joint owners.
1060	(1)  The decision to surplus state-owned nonconservation
1061	lands may be made by the board without a review of, or a
1062	recommendation on, the request from the Acquisition and
1063	Restoration Council or the Division of State Lands. Such
1064	requests for nonconservation lands shall be considered by the
1065	board within 60 days of the board's receipt of the request.
1066	(2)  County or local government requests for the surplusing
1067	of state-owned conservation lands are subject to review of, and
1068	recommendation on, the request to the board by the Acquisition
1069	and Restoration Council. Requests to surplus conservation lands
1070	shall be considered by the board within 120 days of the board's
1071	receipt of the request.
1072	(3)  A local government may request that state lands be
1073	specifically declared surplus lands for the purpose of providing
1074	affordable housing. The request shall comply with the
1075	requirements of subsection (1) if the lands are nonconservation
1076	lands or subsection (2) if the lands are conservation lands.
1077	Surplus lands that are conveyed to a local government for
1078	affordable housing shall be disposed of by the local government
1079	under the provisions of s. 125.379 or s. 166.0451.
1080	Section 14.  Section 295.16, Florida Statutes, is amended
1081	to read:
1082	295.16  Disabled veterans exempt from certain license or
1083	permit fee.--No totally and permanently disabled veteran who is
1084	a resident of Florida and honorably discharged from the Armed
1085	Forces, who has been issued a valid identification card by the
1086	Department of Veterans' Affairs in accordance with s. 295.17 or
1087	has been determined by the United States Department of Veterans
1088	Affairs or its predecessor to have a service-connected 100-
1089	percent disability rating for compensation, or who has been
1090	determined to have a service-connected disability rating of 100
1091	percent and is in receipt of disability retirement pay from any
1092	branch of the uniformed armed services, shall be required to pay
1093	any license or permit fee, by whatever name known, to any county
1094	or municipality in order to make improvements upon a dwelling
1095	mobile home owned by the veteran which is used as the veteran's
1096	residence, provided such improvements are limited to ramps,
1097	widening of doors, and similar improvements for the purpose of
1098	making the dwelling mobile home habitable for veterans confined
1099	to wheelchairs.
1100	Section 15.  Paragraphs (b) and (e) of subsection (19) of
1101	section 380.06, Florida Statutes, are amended to read:
1102	380.06  Developments of regional impact.--
1103	(19)  SUBSTANTIAL DEVIATIONS.--
1104	(b)  Any proposed change to a previously approved
1105	development of regional impact or development order condition
1106	which, either individually or cumulatively with other changes,
1107	exceeds any of the following criteria shall constitute a
1108	substantial deviation and shall cause the development to be
1109	subject to further development-of-regional-impact review without
1110	the necessity for a finding of same by the local government:
1111	1.  An increase in the number of parking spaces at an
1112	attraction or recreational facility by 5 percent or 300 spaces,
1113	whichever is greater, or an increase in the number of spectators
1114	that may be accommodated at such a facility by 5 percent or
1115	1,000 spectators, whichever is greater.
1116	2.  A new runway, a new terminal facility, a 25-percent
1117	lengthening of an existing runway, or a 25-percent increase in
1118	the number of gates of an existing terminal, but only if the
1119	increase adds at least three additional gates.
1120	3.  An increase in the number of hospital beds by 5 percent
1121	or 60 beds, whichever is greater.
1122	4.  An increase in industrial development area by 5 percent
1123	or 32 acres, whichever is greater.
1124	5.  An increase in the average annual acreage mined by 5
1125	percent or 10 acres, whichever is greater, or an increase in the
1126	average daily water consumption by a mining operation by 5
1127	percent or 300,000 gallons, whichever is greater. An increase in
1128	the size of the mine by 5 percent or 750 acres, whichever is
1129	less. An increase in the size of a heavy mineral mine as defined
1130	in s. 378.403(7) will only constitute a substantial deviation if
1131	the average annual acreage mined is more than 500 acres and
1132	consumes more than 3 million gallons of water per day.
1133	6.  An increase in land area for office development by 5
1134	percent or an increase of gross floor area of office development
1135	by 5 percent or 60,000 gross square feet, whichever is greater.
1136	7.  An increase in the storage capacity for chemical or
1137	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1138	million pounds, whichever is greater.
1139	8.  An increase of development at a waterport of wet
1140	storage for 20 watercraft, dry storage for 30 watercraft, or
1141	wet/dry storage for 60 watercraft in an area identified in the
1142	state marina siting plan as an appropriate site for additional
1143	waterport development or a 5-percent increase in watercraft
1144	storage capacity, whichever is greater.
1145	9.  An increase in the number of dwelling units by 5
1146	percent or 50 dwelling units, whichever is greater.
1147	10.  An increase in the number of dwelling units by 15
1148	percent or 100 units, whichever is greater, provided that 20
1149	percent of the increase in the number of dwelling units is
1150	dedicated to the construction of workforce housing. For purposes
1151	of this subparagraph, the term "workforce housing" means housing
1152	that will be made permanently affordable to a person who earns
1153	less than 140 percent of the area median income, as provided in
1154	a recorded land use restriction agreement.
1155	11.10.  An increase in commercial development by 50,000
1156	square feet of gross floor area or of parking spaces provided
1157	for customers for 300 cars or a 5-percent increase of either of
1158	these, whichever is greater.
1159	12.11.  An increase in hotel or motel facility units by 5
1160	percent or 75 units, whichever is greater.
1161	13.12.  An increase in a recreational vehicle park area by
1162	5 percent or 100 vehicle spaces, whichever is less.
1163	14.13.  A decrease in the area set aside for open space of
1164	5 percent or 20 acres, whichever is less.
1165	15.14.  A proposed increase to an approved multiuse
1166	development of regional impact where the sum of the increases of
1167	each land use as a percentage of the applicable substantial
1168	deviation criteria is equal to or exceeds 100 percent. The
1169	percentage of any decrease in the amount of open space shall be
1170	treated as an increase for purposes of determining when 100
1171	percent has been reached or exceeded.
1172	16.15.  A 15-percent increase in the number of external
1173	vehicle trips generated by the development above that which was
1174	projected during the original development-of-regional-impact
1175	review.
1176	17.16.  Any change which would result in development of any
1177	area which was specifically set aside in the application for
1178	development approval or in the development order for
1179	preservation or special protection of endangered or threatened
1180	plants or animals designated as endangered, threatened, or
1181	species of special concern and their habitat, primary dunes, or
1182	archaeological and historical sites designated as significant by
1183	the Division of Historical Resources of the Department of State.
1184	The further refinement of such areas by survey shall be
1185	considered under sub-subparagraph (e)5.b.
1186
1187	The substantial deviation numerical standards in subparagraphs
1188	4., 6., 10., 11., and 15. 14., excluding residential uses, and
1189	16. 15., are increased by 100 percent for a project certified
1190	under s. 403.973 which creates jobs and meets criteria
1191	established by the Office of Tourism, Trade, and Economic
1192	Development as to its impact on an area's economy, employment,
1193	and prevailing wage and skill levels. The substantial deviation
1194	numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
1195	and 15. 14. are increased by 50 percent for a project located
1196	wholly within an urban infill and redevelopment area designated
1197	on the applicable adopted local comprehensive plan future land
1198	use map and not located within the coastal high hazard area.
1199	(e)1.  Except for a development order rendered pursuant to
1200	subsection (22) or subsection (25), a proposed change to a
1201	development order that individually or cumulatively with any
1202	previous change is less than any numerical criterion contained
1203	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
1204	other criterion, or that involves an extension of the buildout
1205	date of a development, or any phase thereof, of less than 5
1206	years is not subject to the public hearing requirements of
1207	subparagraph (f)3., and is not subject to a determination
1208	pursuant to subparagraph (f)5. Notice of the proposed change
1209	shall be made to the regional planning council and the state
1210	land planning agency. Such notice shall include a description of
1211	previous individual changes made to the development, including
1212	changes previously approved by the local government, and shall
1213	include appropriate amendments to the development order.
1214	2.  The following changes, individually or cumulatively
1215	with any previous changes, are not substantial deviations:
1216	a.  Changes in the name of the project, developer, owner,
1217	or monitoring official.
1218	b.  Changes to a setback that do not affect noise buffers,
1219	environmental protection or mitigation areas, or archaeological
1220	or historical resources.
1221	c.  Changes to minimum lot sizes.
1222	d.  Changes in the configuration of internal roads that do
1223	not affect external access points.
1224	e.  Changes to the building design or orientation that stay
1225	approximately within the approved area designated for such
1226	building and parking lot, and which do not affect historical
1227	buildings designated as significant by the Division of
1228	Historical Resources of the Department of State.
1229	f.  Changes to increase the acreage in the development,
1230	provided that no development is proposed on the acreage to be
1231	added.
1232	g.  Changes to eliminate an approved land use, provided
1233	that there are no additional regional impacts.
1234	h.  Changes required to conform to permits approved by any
1235	federal, state, or regional permitting agency, provided that
1236	these changes do not create additional regional impacts.
1237	i.  Any renovation or redevelopment of development within a
1238	previously approved development of regional impact which does
1239	not change land use or increase density or intensity of use.
1240	j.  Any other change which the state land planning agency
1241	agrees in writing is similar in nature, impact, or character to
1242	the changes enumerated in sub-subparagraphs a.-i. and which does
1243	not create the likelihood of any additional regional impact.
1244
1245	This subsection does not require a development order amendment
1246	for any change listed in sub-subparagraphs a.-j. unless such
1247	issue is addressed either in the existing development order or
1248	in the application for development approval, but, in the case of
1249	the application, only if, and in the manner in which, the
1250	application is incorporated in the development order.
1251	3.  Except for the change authorized by sub-subparagraph
1252	2.f., any addition of land not previously reviewed or any change
1253	not specified in paragraph (b) or paragraph (c) shall be
1254	presumed to create a substantial deviation. This presumption may
1255	be rebutted by clear and convincing evidence.
1256	4.  Any submittal of a proposed change to a previously
1257	approved development shall include a description of individual
1258	changes previously made to the development, including changes
1259	previously approved by the local government. The local
1260	government shall consider the previous and current proposed
1261	changes in deciding whether such changes cumulatively constitute
1262	a substantial deviation requiring further development-of-
1263	regional-impact review.
1264	5.  The following changes to an approved development of
1265	regional impact shall be presumed to create a substantial
1266	deviation. Such presumption may be rebutted by clear and
1267	convincing evidence.
1268	a.  A change proposed for 15 percent or more of the acreage
1269	to a land use not previously approved in the development order.
1270	Changes of less than 15 percent shall be presumed not to create
1271	a substantial deviation.
1272	b.  Except for the types of uses listed in subparagraph
1273	(b)17. (b)16., any change which would result in the development
1274	of any area which was specifically set aside in the application
1275	for development approval or in the development order for
1276	preservation, buffers, or special protection, including habitat
1277	for plant and animal species, archaeological and historical
1278	sites, dunes, and other special areas.
1279	c.  Notwithstanding any provision of paragraph (b) to the
1280	contrary, a proposed change consisting of simultaneous increases
1281	and decreases of at least two of the uses within an authorized
1282	multiuse development of regional impact which was originally
1283	approved with three or more uses specified in s. 380.0651(3)(c),
1284	(d), (f), and (g) and residential use.
1285	Section 16.  Paragraph (k) of subsection (3) of section
1286	380.0651, Florida Statutes, is redesignated as paragraph (l),
1287	and a new paragraph (k) is added to that subsection to read:
1288	380.0651  Statewide guidelines and standards.--
1289	(3)  The following statewide guidelines and standards shall
1290	be applied in the manner described in s. 380.06(2) to determine
1291	whether the following developments shall be required to undergo
1292	development-of-regional-impact review:
1293	(k)  Workforce housing.--The applicable guidelines for
1294	residential development and the residential component for
1295	multiuse development shall be increased by 20 percent where the
1296	developer demonstrates that at least 15 percent of the
1297	residential dwelling units will be dedicated to workforce
1298	housing. For purposes of this subparagraph, the term "workforce
1299	housing" means housing that will be made permanently affordable
1300	to a person who earns less than 140 percent of the area median
1301	income, as provided in a recorded land use restriction
1302	agreement.
1303	Section 17.  Section 420.0004, Florida Statutes, is amended
1304	to read:
1305	420.0004  Definitions.--As used in this part, unless the
1306	context otherwise indicates:
1307	(1)  "Adjusted for family size" means adjusted in a manner
1308	which results in an income eligibility level which is lower for
1309	households with fewer than four people, or higher for households
1310	with more than four people, than the base income eligibility
1311	determined as provided in subsection (10) (9), subsection (11)
1312	(10), or subsection (15) (14), based upon a formula as
1313	established by the United States Department of Housing and Urban
1314	Development.
1315	(2)  "Adjusted gross income" means all wages, assets,
1316	regular cash or noncash contributions or gifts from persons
1317	outside the household, and such other resources and benefits as
1318	may be determined to be income by the United States Department
1319	of Housing and Urban Development, adjusted for family size, less
1320	deductions allowable under s. 62 of the Internal Revenue Code.
1321	(3)  "Affordable" means that monthly rents or monthly
1322	mortgage payments including taxes, insurance, and utilities do
1323	not exceed 30 percent of that amount which represents the
1324	percentage of the median adjusted gross annual income for the
1325	households as indicated in subsection (8), subsection (10) (9),
1326	subsection (11) (10), or subsection (15) (14).
1327	(4)  "Corporation" means the Florida Housing Finance
1328	Corporation.
1329	(5)  "Community-based organization" or "nonprofit
1330	organization" means a private corporation organized under
1331	chapter 617 to assist in the provision of housing and related
1332	services on a not-for-profit basis and which is acceptable to
1333	federal and state agencies and financial institutions as a
1334	sponsor of low-income housing.
1335	(6)  "Department" means the Department of Community
1336	Affairs.
1337	(7)  "Elderly" describes persons 62 years of age or older.
1338	(8)  "Extremely-low-income persons" means one or more
1339	natural persons or a family whose total annual household income
1340	does not exceed 30 percent of the median annual adjusted gross
1341	income for households within the state. The Florida Housing
1342	Finance Corporation may adjust this amount annually by rule to
1343	provide that in lower income counties, extremely-low-income may
1344	exceed 30 percent of area median income and that in higher
1345	income counties, extremely-low-income may be less than 30
1346	percent of area median income.
1347	(9)(8)  "Local public body" means any county, municipality,
1348	or other political subdivision, or any housing authority as
1349	provided by chapter 421, which is eligible to sponsor or develop
1350	housing for farmworkers and very-low-income and low-income
1351	persons within its jurisdiction.
1352	(10)(9)  "Low-income persons" means one or more natural
1353	persons or a family, the total annual adjusted gross household
1354	income of which does not exceed 80 percent of the median annual
1355	adjusted gross income for households within the state, or 80
1356	percent of the median annual adjusted gross income for
1357	households within the metropolitan statistical area (MSA) or, if
1358	not within an MSA, within the county in which the person or
1359	family resides, whichever is greater.
1360	(11)(10)  "Moderate-income persons" means one or more
1361	natural persons or a family, the total annual adjusted gross
1362	household income of which is less than 120 percent of the median
1363	annual adjusted gross income for households within the state, or
1364	120 percent of the median annual adjusted gross income for
1365	households within the metropolitan statistical area (MSA) or, if
1366	not within an MSA, within the county in which the person or
1367	family resides, whichever is greater.
1368	(12)(11)  "Student" means any person not living with his or
1369	her parent or guardian who is eligible to be claimed by his or
1370	her parent or guardian as a dependent under the federal income
1371	tax code and who is enrolled on at least a half-time basis in a
1372	secondary school, career center, community college, college, or
1373	university.
1374	(13)(12)  "Substandard" means:
1375	(a)  Any unit lacking complete plumbing or sanitary
1376	facilities for the exclusive use of the occupants;
1377	(b)  A unit which is in violation of one or more major
1378	sections of an applicable housing code and where such violation
1379	poses a serious threat to the health of the occupant; or
1380	(c)  A unit that has been declared unfit for human
1381	habitation but that could be rehabilitated for less than 50
1382	percent of the property value.
1383	(14)(13)  "Substantial rehabilitation" means repair or
1384	restoration of a dwelling unit where the value of such repair or
1385	restoration exceeds 40 percent of the value of the dwelling.
1386	(15)(14)  "Very-low-income persons" means one or more
1387	natural persons or a family, not including students, the total
1388	annual adjusted gross household income of which does not exceed
1389	50 percent of the median annual adjusted gross income for
1390	households within the state, or 50 percent of the median annual
1391	adjusted gross income for households within the metropolitan
1392	statistical area (MSA) or, if not within an MSA, within the
1393	county in which the person or family resides, whichever is
1394	greater.
1395	Section 18.  Sections 420.37 and 420.530, Florida Statutes,
1396	are repealed.
1397	Section 19.  Subsection (18) of section 420.503, Florida
1398	Statutes, is amended to read:
1399	420.503  Definitions.--As used in this part, the term:
1400	(18)(a)  "Farmworker" means a laborer who is employed on a
1401	seasonal, temporary, or permanent basis in the planting,
1402	cultivating, harvesting, or processing of agricultural or
1403	aquacultural products and who derived at least 50 percent of her
1404	or his income in the immediately preceding 12 months from such
1405	employment.
1406	(b)  "Farmworker" also includes a person who has retired as
1407	a laborer due to age, disability, or illness. In order to be
1408	considered retired as a farmworker due to age under this part, a
1409	person must be 50 years of age or older and must have been
1410	employed for a minimum of 5 years as a farmworker before
1411	retirement. In order to be considered retired as a farmworker
1412	due to disability or illness, a person must:
1413	1.(a)  Establish medically that she or he is unable to be
1414	employed as a farmworker due to that disability or illness.
1415	2.(b)  Establish that she or he was previously employed as
1416	a farmworker.
1417	(c)  Notwithstanding paragraphs (a) and (b), when
1418	corporation-administered funds are used in conjunction with
1419	United States Department of Agriculture Rural Development funds,
1420	the term "farmworker" may mean a laborer who meets, at a
1421	minimum, the definition of "domestic farm laborer" as found in 7
1422	C.F.R. s. 3560.11, as amended. The corporation may establish
1423	additional criteria by rule.
1424	Section 20.  Section 420.5061, Florida Statutes, is amended
1425	to read:
1426	420.5061  Transfer of agency assets and
1427	liabilities.--Effective January 1, 1998, all assets and
1428	liabilities and rights and obligations, including any
1429	outstanding contractual obligations, of the agency shall be
1430	transferred to the corporation as legal successor in all
1431	respects to the agency. The corporation shall thereupon become
1432	obligated to the same extent as the agency under any existing
1433	agreements and be entitled to any rights and remedies previously
1434	afforded the agency by law or contract, including specifically
1435	the rights of the agency under chapter 201 and part VI of
1436	chapter 159. The corporation is a state agency for purposes of
1437	s. 159.807(4)(a). Effective January 1, 1998, all references
1438	under Florida law to the agency are deemed to mean the
1439	corporation. The corporation shall transfer to the General
1440	Revenue Fund an amount which otherwise would have been deducted
1441	as a service charge pursuant to s. 215.20(1) if the Florida
1442	Housing Finance Corporation Fund established by s. 420.508(5),
1443	the State Apartment Incentive Loan Fund established by s.
1444	420.5087(7), the Florida Homeownership Assistance Fund
1445	established by s. 420.5088(4)(5), the HOME Investment
1446	Partnership Fund established by s. 420.5089(1), and the Housing
1447	Predevelopment Loan Fund established by s. 420.525(1) were each
1448	trust funds. For purposes of s. 112.313, the corporation is
1449	deemed to be a continuation of the agency, and the provisions
1450	thereof are deemed to apply as if the same entity remained in
1451	place. Any employees of the agency and agency board members
1452	covered by s. 112.313(9)(a)6. shall continue to be entitled to
1453	the exemption in that subparagraph, notwithstanding being hired
1454	by the corporation or appointed as board members of the
1455	corporation. Effective January 1, 1998, all state property in
1456	use by the agency shall be transferred to and become the
1457	property of the corporation.
1458	Section 21.  Subsections (22), (23), and (40) of section
1459	420.507, Florida Statutes, are amended, and subsections (44) and
1460	(45) are added to that section, to read:
1461	420.507  Powers of the corporation.--The corporation shall
1462	have all the powers necessary or convenient to carry out and
1463	effectuate the purposes and provisions of this part, including
1464	the following powers which are in addition to all other powers
1465	granted by other provisions of this part:
1466	(22)  To develop and administer the State Apartment
1467	Incentive Loan Program. In developing and administering that
1468	program, the corporation may:
1469	(a)  Make first, second, and other subordinated mortgage
1470	loans including variable or fixed rate loans subject to
1471	contingent interest for all State Apartment Incentive Loans
1472	provided for in this chapter based upon available cash flow of
1473	the projects. The corporation shall make loans exceeding 25
1474	percent of project cost available only to nonprofit
1475	organizations and public bodies which are able to secure grants,
1476	donations of land, or contributions from other sources and to
1477	projects meeting the criteria of subparagraph 1. Mortgage loans
1478	shall be made available at the following rates of interest:
1479	1.  Zero to 3 percent interest for sponsors of projects
1480	that set aside at least maintain an 80 percent occupancy of
1481	their total units for residents qualifying as farmworkers as
1482	defined in this part s. 420.503(18), or commercial fishing
1483	workers as defined in this part s. 420.503(5), or the homeless
1484	as defined in s. 420.621(4) over the life of the loan.
1485	2.  The board may set the interest rate based on the pro
1486	rata share of units set aside for homeless residents if the
1487	total of such units is less than 80 percent of the units in the
1488	borrower's project.
1489	3.  One Three to 9 percent interest for sponsors of
1490	projects targeted at populations other than farmworkers,
1491	commercial fishing workers, and the homeless.
1492	(b)  Make loans exceeding 25 percent of project cost when
1493	the project serves extremely-low-income persons.
1494	(c)  Forgive indebtedness for a share of the loan
1495	attributable to the units in a project reserved for extremely-
1496	low-income persons.
1497	(d)(b)  Geographically and demographically target the
1498	utilization of loans.
1499	(e)(c)  Underwrite credit, and reject projects which do not
1500	meet the established standards of the corporation.
1501	(f)(d)  Negotiate with governing bodies within the state
1502	after a loan has been awarded to obtain local government
1503	contributions.
1504	(g)(e)  Inspect any records of a sponsor at any time during
1505	the life of the loan or the agreed period for maintaining the
1506	provisions of s. 420.5087.
1507	(h)(f)  Establish, by rule, the procedure for evaluating,
1508	scoring, and competitively ranking all applications based on the
1509	criteria set forth in s. 420.5087(6)(c); determining actual loan
1510	amounts; making and servicing loans; and exercising the powers
1511	authorized in this subsection.
1512	(i)(g)  Establish a loan loss insurance reserve to be used
1513	to protect the outstanding program investment in case of a
1514	default, deed in lieu of foreclosure, or foreclosure of a
1515	program loan.
1516	(23)  To develop and administer the Florida Homeownership
1517	Assistance Program. In developing and administering the program,
1518	the corporation may:
1519	(a)1.  Make subordinated loans to eligible borrowers for
1520	down payments or closing costs related to the purchase of the
1521	borrower's primary residence.
1522	2.  Make permanent loans to eligible borrowers related to
1523	the purchase of the borrower's primary residence.
1524	3.  Make subordinated loans to nonprofit sponsors or
1525	developers of housing for purchase of property, for
1526	construction, or for financing of housing to be offered for sale
1527	to eligible borrowers as a primary residence at an affordable
1528	price.
1529	(b)  Establish a loan loss insurance reserve to supplement
1530	existing sources of mortgage insurance with appropriated funds.
1531	(c)  Geographically and demographically target the
1532	utilization of loans.
1533	(d)  Defer repayment of loans for the term of the first
1534	mortgage.
1535	(e)  Establish flexible terms for loans with an interest
1536	rate not to exceed 3 percent per annum and which are
1537	nonamortizing for the term of the first mortgage.
1538	(f)  Require repayment of loans upon sale, transfer,
1539	refinancing, or rental of secured property, unless otherwise
1540	approved by the corporation.
1541	(g)  Accelerate a loan for monetary default, for failure to
1542	provide the benefits of the loans to eligible borrowers, or for
1543	violation of any other restriction placed upon the loan.
1544	(h)  Adopt rules for the program and exercise the powers
1545	authorized in this subsection.
1546	(40)  To establish subsidiary business entities
1547	corporations for the purpose of taking title to and managing and
1548	disposing of property acquired by the corporation. Such
1549	subsidiary business entities corporations shall be public
1550	business entities corporations wholly owned by the corporation;
1551	shall be entitled to own, mortgage, and sell property on the
1552	same basis as the corporation; and shall be deemed business
1553	entities corporations primarily acting as an agent agents of the
1554	state, within the meaning of s. 768.28, on the same basis as the
1555	corporation. Any subsidiary business entity created by the
1556	corporation shall be subject to chapters 119, 120, and 286 to
1557	the same extent as the corporation. The subsidiary business
1558	entities shall have authority to make rules necessary to conduct
1559	business and to carry out the purposes of this subsection.
1560	(44)  To adopt rules for the intervention and negotiation
1561	of terms or other actions necessary to further program goals or
1562	avoid default of a program loan. Such rules must consider fiscal
1563	program goals and the preservation or advancement of affordable
1564	housing for the state.
1565	(45)  To establish by rule requirements for periodic
1566	reporting of data, including, but not limited to, financial
1567	data, housing market data, detailed economic and physical
1568	occupancy on multifamily projects, and demographic data on all
1569	housing financed through corporation programs and for
1570	participation in a housing locator system.
1571	Section 22.  Subsections (1), (3), (5), and (6) of section
1572	420.5087, Florida Statutes, are amended to read:
1573	420.5087  State Apartment Incentive Loan Program.--There is
1574	hereby created the State Apartment Incentive Loan Program for
1575	the purpose of providing first, second, or other subordinated
1576	mortgage loans or loan guarantees to sponsors, including for-
1577	profit, nonprofit, and public entities, to provide housing
1578	affordable to very-low-income persons.
1579	(1)  Program funds shall be distributed over successive 3-
1580	year periods in a manner that meets the need and demand for
1581	very-low-income housing throughout the state. That need and
1582	demand must be determined by using the most recent statewide
1583	low-income rental housing market studies available at the
1584	beginning of each 3-year period. However, at least 10 percent of
1585	the program funds distributed during a 3-year period must be
1586	allocated to each of the following categories of counties, as
1587	determined by using the population statistics published in the
1588	most recent edition of the Florida Statistical Abstract:
1589	(a)  Counties that have a population of 825,000 or more.
1590	more than 500,000 people;
1591	(b)  Counties that have a population of more than between
1592	100,000 but less than 825,000. and 500,000 people; and
1593	(c)  Counties that have a population of 100,000 or less.
1594
1595	Any increase in funding required to reach the 10-percent minimum
1596	shall be taken from the county category that has the largest
1597	allocation. The corporation shall adopt rules which establish an
1598	equitable process for distributing any portion of the 10 percent
1599	of program funds allocated to the county categories specified in
1600	this subsection which remains unallocated at the end of a 3-year
1601	period. Counties that have a population of 100,000 or less shall
1602	be given preference under these rules.
1603	(3)  During the first 6 months of loan or loan guarantee
1604	availability, program funds shall be reserved for use by
1605	sponsors who provide the housing set-aside required in
1606	subsection (2) for the tenant groups designated in this
1607	subsection. The reservation of funds to each of these groups
1608	shall be determined using the most recent statewide very-low-
1609	income rental housing market study available at the time of
1610	publication of each notice of fund availability required by
1611	paragraph (6)(b). The reservation of funds within each notice of
1612	fund availability to the tenant groups in paragraphs (a), (b),
1613	and (d) may not be less than 10 percent of the funds available
1614	at that time. Any increase in funding required to reach the 10-
1615	percent minimum shall be taken from the tenant group that has
1616	the largest reservation. The reservation of funds within each
1617	notice of fund availability to the tenant group in paragraph (c)
1618	may not be less than 5 percent of the funds available at that
1619	time. The tenant groups are:
1620	(a)  Commercial fishing workers and farmworkers;
1621	(b)  Families;
1622	(c)  Persons who are homeless; and
1623	(d)  Elderly persons. Ten percent of the amount reserved
1624	for the elderly shall be reserved to provide loans to sponsors
1625	of housing for the elderly for the purpose of making building
1626	preservation, health, or sanitation repairs or improvements
1627	which are required by federal, state, or local regulation or
1628	code, or lifesafety or security-related repairs or improvements
1629	to such housing. Such a loan may not exceed $750,000 per housing
1630	community for the elderly. In order to receive the loan, the
1631	sponsor of the housing community must make a commitment to match
1632	at least 5 15 percent of the loan amount to pay the cost of such
1633	repair or improvement. The corporation shall establish the rate
1634	of interest on the loan, which may not exceed 3 percent, and the
1635	term of the loan, which may not exceed 15 years; however, if the
1636	lien of the corporation's encumbrance is subordinate to the lien
1637	of another mortgagee, then the term may be made coterminous with
1638	the longest term of the superior lien. The term of the loan
1639	shall be established on the basis of a credit analysis of the
1640	applicant. The corporation shall establish, by rule, the
1641	procedure and criteria for receiving, evaluating, and
1642	competitively ranking all applications for loans under this
1643	paragraph. A loan application must include evidence of the first
1644	mortgagee's having reviewed and approved the sponsor's intent to
1645	apply for a loan. A nonprofit organization or sponsor may not
1646	use the proceeds of the loan to pay for administrative costs,
1647	routine maintenance, or new construction.
1648	(5)  The amount of the mortgage provided under this program
1649	combined with any other mortgage in a superior position shall be
1650	less than the value of the project without the housing set-aside
1651	required by subsection (2). However, the corporation may waive
1652	this requirement for projects in rural areas or urban infill
1653	areas which have market rate rents that are less than the
1654	allowable rents pursuant to applicable state and federal
1655	guidelines, and for projects which reserve units for extremely-
1656	low-income persons. In no event shall the mortgage provided
1657	under this program combined with any other mortgage in a
1658	superior position exceed total project cost.
1659	(6)  On all state apartment incentive loans, except loans
1660	made to housing communities for the elderly to provide for
1661	lifesafety, building preservation, health, sanitation, or
1662	security-related repairs or improvements, the following
1663	provisions shall apply:
1664	(a)  The corporation shall establish two interest rates in
1665	accordance with s. 420.507(22)(a)1. and 3. 2.
1666	(b)  The corporation shall publish a notice of fund
1667	availability in a publication of general circulation throughout
1668	the state. Such notice shall be published at least 60 days prior
1669	to the application deadline and shall provide notice of the
1670	temporary reservations of funds established in subsection (3).
1671	(c)  The corporation shall provide by rule for the
1672	establishment of a review committee composed of the department
1673	and corporation staff and shall establish by rule a scoring
1674	system for evaluation and competitive ranking of applications
1675	submitted in this program, including, but not limited to, the
1676	following criteria:
1677	1.  Tenant income and demographic targeting objectives of
1678	the corporation.
1679	2.  Targeting objectives of the corporation which will
1680	ensure an equitable distribution of loans between rural and
1681	urban areas.
1682	3.  Sponsor's agreement to reserve the units for persons or
1683	families who have incomes below 50 percent of the state or local
1684	median income, whichever is higher, for a time period to exceed
1685	the minimum required by federal law or the provisions of this
1686	part.
1687	4.  Sponsor's agreement to reserve more than:
1688	a.  Twenty percent of the units in the project for persons
1689	or families who have incomes that do not exceed 50 percent of
1690	the state or local median income, whichever is higher; or
1691	b.  Forty percent of the units in the project for persons
1692	or families who have incomes that do not exceed 60 percent of
1693	the state or local median income, whichever is higher, without
1694	requiring a greater amount of the loans as provided in this
1695	section.
1696	5.  Provision for tenant counseling.
1697	6.  Sponsor's agreement to accept rental assistance
1698	certificates or vouchers as payment for rent; however, when
1699	certificates or vouchers are accepted as payment for rent on
1700	units set aside pursuant to subsection (2), the benefit must be
1701	divided between the corporation and the sponsor, as provided by
1702	corporation rule.
1703	7.  Projects requiring the least amount of a state
1704	apartment incentive loan compared to overall project cost except
1705	that the share of the loan attributable to units serving
1706	extremely-low-income persons shall be excluded from this
1707	requirement.
1708	8.  Local government contributions and local government
1709	comprehensive planning and activities that promote affordable
1710	housing.
1711	9.  Project feasibility.
1712	10.  Economic viability of the project.
1713	11.  Commitment of first mortgage financing.
1714	12.  Sponsor's prior experience.
1715	13.  Sponsor's ability to proceed with construction.
1716	14.  Projects that directly implement or assist welfare-to-
1717	work transitioning.
1718	15.  Projects that reserve units for extremely-low-income
1719	persons.
1720	(d)  The corporation may reject any and all applications.
1721	(e)  The corporation may approve and reject applications
1722	for the purpose of achieving geographic targeting.
1723	(f)  The review committee established by corporation rule
1724	pursuant to this subsection shall make recommendations to the
1725	board of directors of the corporation regarding program
1726	participation under the State Apartment Incentive Loan Program.
1727	The corporation board shall make the final ranking and the
1728	decisions regarding which applicants shall become program
1729	participants based on the scores received in the competitive
1730	ranking, further review of applications, and the recommendations
1731	of the review committee. The corporation board shall approve or
1732	reject applications for loans and shall determine the tentative
1733	loan amount available to each applicant selected for
1734	participation in the program. The actual loan amount shall be
1735	determined pursuant to rule adopted pursuant to s.
1736	420.507(22)(h)(f).
1737	(g)  The loan term shall be for a period of not more than
1738	15 years; however, if both a program loan and federal low-income
1739	housing tax credits are to be used to assist a project, the
1740	corporation may set the loan term for a period commensurate with
1741	the investment requirements associated with the tax credit
1742	syndication. The term of the loan may also exceed 15 years if
1743	the lien of the corporation's encumbrance is subordinate to the
1744	lien of another mortgagee; then the term may be made coterminous
1745	with the longest term of the superior lien necessary to conform
1746	to requirements of the Federal National Mortgage Association.
1747	The corporation may renegotiate and extend the loan in order to
1748	extend the availability of housing for the targeted population.
1749	The term of a loan may not extend beyond the period for which
1750	the sponsor agrees to provide the housing set-aside required by
1751	subsection (2).
1752	(h)  The loan shall be subject to sale, transfer, or
1753	refinancing. The sale, transfer, or refinancing of the loan
1754	shall be consistent with fiscal program goals and the
1755	preservation or advancement of affordable housing for the state.
1756	However, all requirements and conditions of the loan shall
1757	remain following sale, transfer, or refinancing.
1758	(i)  The discrimination provisions of s. 420.516 shall
1759	apply to all loans.
1760	(j)  The corporation may require units dedicated for the
1761	elderly.
1762	(k)  Rent controls shall not be allowed on any project
1763	except as required in conjunction with the issuance of tax-
1764	exempt bonds or federal low-income housing tax credits, and
1765	except when the sponsor has committed to set aside units for
1766	extremely-low-income persons, in which case rents shall be
1767	restricted at the level applicable for federal low-income tax
1768	credits.
1769	(l)  The proceeds of all loans shall be used for new
1770	construction or substantial rehabilitation which creates
1771	affordable, safe, and sanitary housing units.
1772	(m)  Sponsors shall annually certify the adjusted gross
1773	income of all persons or families qualified under subsection (2)
1774	at the time of initial occupancy, who are residing in a project
1775	funded by this program. All persons or families qualified under
1776	subsection (2) may continue to qualify under subsection (2) in a
1777	project funded by this program if the adjusted gross income of
1778	those persons or families at the time of annual recertification
1779	meets the requirements established in s. 142(d)(3)(B) of the
1780	Internal Revenue Code of 1986, as amended. If the annual
1781	recertification of persons or families qualifying under
1782	subsection (2) results in noncompliance with income occupancy
1783	requirements, the next available unit must be rented to a person
1784	or family qualifying under subsection (2) in order to ensure
1785	continuing compliance of the project. The corporation may waive
1786	the annual recertification if 100 percent of the units are set
1787	aside as affordable.
1788	(n)  Upon submission and approval of a marketing plan which
1789	demonstrates a good faith effort of a sponsor to rent a unit or
1790	units to persons or families reserved under subsection (3) and
1791	qualified under subsection (2), the sponsor may rent such unit
1792	or units to any person or family qualified under subsection (2)
1793	notwithstanding the reservation.
1794	(o)  Sponsors may participate in federal mortgage insurance
1795	programs and must abide by the requirements of those programs.
1796	If a conflict occurs between the requirements of federal
1797	mortgage insurance programs and the requirements of this
1798	section, the requirements of federal mortgage insurance programs
1799	shall take precedence.
1800	Section 23.  Section 420.5088, Florida Statutes, is amended
1801	to read:
1802	420.5088  Florida Homeownership Assistance Program.--There
1803	is created the Florida Homeownership Assistance Program for the
1804	purpose of assisting low-income and moderate-income persons in
1805	purchasing a home as their primary residence by reducing the
1806	cost of the home with below-market construction financing, by
1807	reducing the amount of down payment and closing costs paid by
1808	the borrower to a maximum of 5 percent of the purchase price, or
1809	by reducing the monthly payment to an affordable amount for the
1810	purchaser. Loans shall be made available at an interest rate
1811	that does not exceed 3 percent. The balance of any loan is due
1812	at closing if the property is sold, refinanced, rented, or
1813	transferred, unless otherwise approved by the corporation.
1814	(1)  For loans made available pursuant to s.
1815	420.507(23)(a)1. or 2.:
1816	(a)  The corporation may underwrite and make those mortgage
1817	loans through the program to persons or families who have
1818	incomes that do not exceed 120 80 percent of the state or local
1819	median income, whichever is greater, adjusted for family size.
1820	(b)  Loans shall be made available for the term of the
1821	first mortgage.
1822	(c)  Loans may not exceed are limited to the lesser of 35
1823	25 percent of the purchase price of the home or the amount
1824	necessary to enable the purchaser to meet credit underwriting
1825	criteria.
1826	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1827	(a)  Availability is limited to nonprofit sponsors or
1828	developers who are selected for program participation pursuant
1829	to this subsection.
1830	(b)  Preference must be given to community development
1831	corporations as defined in s. 290.033 and to community-based
1832	organizations as defined in s. 420.503.
1833	(c)  Priority must be given to projects that have received
1834	state assistance in funding project predevelopment costs.
1835	(d)  The benefits of making such loans shall be
1836	contractually provided to the persons or families purchasing
1837	homes financed under this subsection.
1838	(e)  At least 30 percent of the units in a project financed
1839	pursuant to this subsection must be sold to persons or families
1840	who have incomes that do not exceed 80 percent of the state or
1841	local median income, whichever amount is greater, adjusted for
1842	family size; and at least another 30 percent of the units in a
1843	project financed pursuant to this subsection must be sold to
1844	persons or families who have incomes that do not exceed 65 50
1845	percent of the state or local median income, whichever amount is
1846	greater, adjusted for family size.
1847	(f)  The maximum loan amount may not exceed 33 percent of
1848	the total project cost.
1849	(g)  A person who purchases a home in a project financed
1850	under this subsection is eligible for a loan authorized by s.
1851	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1852	construction loan made pursuant to this subsection. The home
1853	purchaser must meet all the requirements for loan recipients
1854	established pursuant to the applicable loan program.
1855	(h)  The corporation shall provide, by rule, for the
1856	establishment of a review committee composed of corporation
1857	staff and shall establish, by rule, a scoring system for
1858	evaluating and ranking applications submitted for construction
1859	loans under this subsection, including, but not limited to, the
1860	following criteria:
1861	1.  The affordability of the housing proposed to be built.
1862	2.  The direct benefits of the assistance to the persons
1863	who will reside in the proposed housing.
1864	3.  The demonstrated capacity of the applicant to carry out
1865	the proposal, including the experience of the development team.
1866	4.  The economic feasibility of the proposal.
1867	5.  The extent to which the applicant demonstrates
1868	potential cost savings by combining the benefits of different
1869	governmental programs and private initiatives, including the
1870	local government contributions and local government
1871	comprehensive planning and activities that promote affordable
1872	housing.
1873	6.  The use of the least amount of program loan funds
1874	compared to overall project cost.
1875	7.  The provision of homeownership counseling.
1876	8.  The applicant's agreement to exceed the requirements of
1877	paragraph (e).
1878	9.  The commitment of first mortgage financing for the
1879	balance of the construction loan and for the permanent loans to
1880	the purchasers of the housing.
1881	10.  The applicant's ability to proceed with construction.
1882	11.  The targeting objectives of the corporation which will
1883	ensure an equitable distribution of loans between rural and
1884	urban areas.
1885	12.  The extent to which the proposal will further the
1886	purposes of this program.
1887	(i)  The corporation may reject any and all applications.
1888	(j)  The review committee established by corporation rule
1889	pursuant to this subsection shall make recommendations to the
1890	corporation board regarding program participation under this
1891	subsection. The corporation board shall make the final ranking
1892	for participation based on the scores received in the ranking,
1893	further review of the applications, and the recommendations of
1894	the review committee. The corporation board shall approve or
1895	reject applicants for loans and shall determine the tentative
1896	loan amount available to each program participant. The final
1897	loan amount shall be determined pursuant to rule adopted under
1898	s. 420.507(23)(h).
1899	(3)  The corporation shall publish a notice of fund
1900	availability in a publication of general circulation throughout
1901	the state at least 60 days prior to the anticipated availability
1902	of funds.
1903	(4)  During the first 9 months of fund availability:
1904	(a)  Sixty percent of the program funds shall be reserved
1905	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1906	(b)  Twenty percent of the program funds shall be reserved
1907	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1908	(c)  Twenty percent of the program funds shall be reserved
1909	for use by borrowers pursuant to s. 420.507(23)(a)3.
1910
1911	If the application of these percentages would cause the
1912	reservation of program funds under paragraph (a) to be less than
1913	$1 million, the reservation for paragraph (a) shall be increased
1914	to $1 million or all available funds, whichever amount is less,
1915	with the increase to be accomplished by reducing the reservation
1916	for paragraph (b) and, if necessary, paragraph (c).
1917	(4)(5)  There is authorized to be established by the
1918	corporation with a qualified public depository meeting the
1919	requirements of chapter 280 the Florida Homeownership Assistance
1920	Fund to be administered by the corporation according to the
1921	provisions of this program. Any amounts held in the Florida
1922	Homeownership Assistance Trust Fund for such purposes as of
1923	January 1, 1998, must be transferred to the corporation for
1924	deposit in the Florida Homeownership Assistance Fund, whereupon
1925	the Florida Homeownership Assistance Trust Fund must be closed.
1926	There shall be deposited in the fund moneys from the State
1927	Housing Trust Fund created by s. 420.0005, or moneys received
1928	from any other source, for the purpose of this program and all
1929	proceeds derived from the use of such moneys. In addition, all
1930	unencumbered funds, loan repayments, proceeds from the sale of
1931	any property, and any other proceeds that would otherwise accrue
1932	pursuant to the activities of the programs described in this
1933	section shall be transferred to this fund. In addition, all loan
1934	repayments, proceeds from the sale of any property, and any
1935	other proceeds that would otherwise accrue pursuant to the
1936	activities conducted under the provisions of the Florida
1937	Homeownership Assistance Program shall be deposited in the fund
1938	and shall not revert to the General Revenue Fund. Expenditures
1939	from the Florida Homeownership Assistance Fund shall not be
1940	required to be included in the corporation's budget request or
1941	be subject to appropriation by the Legislature.
1942	(5)(6)  No more than one-fifth of the funds available in
1943	the Florida Homeownership Assistance Fund may be made available
1944	to provide loan loss insurance reserve funds to facilitate
1945	homeownership for eligible persons.
1946	Section 24.  Section 420.5095, Florida Statutes, is created
1947	to read:
1948	420.5095  Community Workforce Housing Innovation Program.--
1949	(1)  The Community Workforce Housing Innovation Program is
1950	created for the purpose of providing affordable rental and home
1951	ownership community workforce housing for essential services
1952	personnel with medium incomes in high-cost and high-growth
1953	counties in this state using regulatory incentives and state and
1954	local funds to promote local public-private partnerships and
1955	leverage government and private resources.
1956	(2)  Subject to the availability of an annual appropriation
1957	by the Legislature to fund the Community Workforce Housing
1958	Innovation Program, the corporation shall have the authority to
1959	provide Community Workforce Housing Innovation Program loans,
1960	which may be forgivable, to an applicant for construction or
1961	rehabilitation of rental or home ownership workforce housing in
1962	eligible counties. The corporation shall establish a funding
1963	process and selection criteria by rule or request for proposals
1964	to distribute annually appropriated funds under this section.
1965	Funding may be used with other corporation and private sector
1966	resources.
1967	(3)  The corporation shall provide incentives for local
1968	governments in these counties to use local affordable housing
1969	funds, such as those from the State Housing Initiatives
1970	Partnership Program to assist in meeting the affordable housing
1971	needs of persons eligible under this program.
1972	(4)  The Community Workforce Housing Innovation Program
1973	projects shall target:
1974	(a)  "High-cost counties," defined as those counties in
1975	which the median sales price of a single-family home using the
1976	most recent county level statistics is above the state median
1977	sales price of a single-family home, areas of critical state
1978	concern designated under s. 380.05 for which the Legislature has
1979	declared its intent to provide affordable housing, areas that
1980	were designated as areas of critical state concern for at least
1981	20 consecutive years prior to removal of the designation, and
1982	counties designated as rural areas of critical economic concern.
1983	The corporation shall develop the list of high-cost counties on
1984	an annual basis.
1985	(b)  "High-growth counties," defined as those counties that
1986	demonstrate significantly high rates of growth in K-12 public
1987	school students and a substantial number of open teaching
1988	positions currently and projected for the next school year. To
1989	qualify under these criteria of high growth and need to fill
1990	public school teaching positions, a county's school district
1991	must have been in the top 10 school districts in the state for
1992	the fastest student population growth as a percentage rate of
1993	increase for the previous 5 years, as defined by the Department
1994	of Education. Counties with school districts having the greatest
1995	number of teaching position vacancies shall be prioritized.
1996	(c)  "Public-private partnerships," defined to include
1997	substantial involvement of at least one county, one
1998	municipality, or one public sector entity, such as a school
1999	district or other unit of local government in which the project
2000	is to be located, and at least one private not-for-profit or
2001	for-profit project partner. Partnerships are encouraged to
2002	include one or more private sector business or charitable
2003	entities and may be any form of business entity, including a
2004	joint venture or contractual agreement.
2005	(d)  "Workforce housing," defined as housing affordable to
2006	natural persons or families whose total annual household income
2007	does not exceed 140 percent of the area median income, adjusted
2008	for household size, in prioritized areas included in this
2009	subsection, or 150 percent of the area median income, adjusted
2010	for household size, in areas of critical state concern or in
2011	areas that were designated as areas of critical state concern
2012	for at least 20 consecutive years prior to removal of the
2013	designation.
2014	(e)  "Essential services personnel," defined as persons in
2015	need of affordable housing who are employed in areas in which
2016	they are considered essential services personnel, as defined by
2017	each county and eligible municipality within its local housing
2018	assistance plan pursuant to s. 420.9075(3)(a).
2019	(f)  Innovative projects that include new construction or
2020	rehabilitation of existing housing, mixed-income housing, or
2021	commercial and housing mixed-use elements.
2022	(5)  No more than one project shall be funded per county
2023	per year. The corporation shall seek to achieve a 70-percent
2024	high-cost, 30-percent high-growth ratio in its annual funding of
2025	projects. However, when one project in each of the high-cost and
2026	high-growth counties which have made application have been
2027	funded, the corporation may fund other projects as provided in
2028	this section.
2029	(6)(a)  Projects shall receive priority consideration for
2030	funding where the local jurisdiction has allowed appropriate
2031	workforce housing incentives to promote the financial viability,
2032	successful development, and ongoing maintenance of these housing
2033	developments, such as:
2034	1.  The processing of approvals of development orders or
2035	development permits, as defined in s. 163.3164(7) and (8), for
2036	affordable housing projects shall be expedited to a greater
2037	degree than other projects.
2038	2.  Mitigation of impact fees by reduction, waiver, or an
2039	alternative method of fee payment by the local government in
2040	which the proposed project is to be located.
2041	3.  Increased density levels, density bonuses for
2042	affordable housing of up to 16 units or higher density per acre
2043	shall be allowed, except in coastal high-hazard areas, if
2044	approved by the local government, for community workforce
2045	housing.
2046	4.  Reserving infrastructure capacity in the local
2047	comprehensive plan for affordable housing shall be reserved for
2048	these communities.
2049	5.  Allowing additional affordable residential units,
2050	including accessory units in residential zoning districts.
2051	6.  Allow mixed land uses, such as compatible neighborhood
2052	commercial centers and mixed-use planned unit developments.
2053	7.  Reduction of open space, building setback requirements,
2054	road widths, parking, and other requirements which are not
2055	essential to protect the public health, safety, and welfare or
2056	critical to protect the environment.
2057	8.  Allowing zero-lot-line and other flexible lot
2058	configurations.
2059	9.  Traffic concurrency requirements shall be modified or
2060	reduced by up to 25 percent.
2061	10.  Local transportation infrastructure funding shall be
2062	considered eligible for prioritization from metropolitan
2063	planning organizations.
2064	(b)  The regulatory incentives for approved Community
2065	Workforce Housing Innovation Program projects shall be
2066	considered acceptable by the respective local government
2067	maintaining jurisdiction over the site of the project, if:
2068	1.  The applicant receives a letter of support from the
2069	local government for the project application submitted to the
2070	corporation; or
2071	2.  Within 60 days after receipt of the applicant's plan by
2072	the local government, a vote of "no objection" regarding the
2073	project is taken by that body. During the 60-day period, the
2074	local government and project applicant may agree to modify the
2075	project incentives and size of the development with approval
2076	from the corporation and still be eligible for project funding.
2077	(7)  All eligible applications shall:
2078	(a)  Set aside at least 80 percent of the units for
2079	workforce housing.
2080	(b)  Set aside at least 50 percent of the units as
2081	prioritized for eligible persons who are employed as essential
2082	services personnel.
2083	(c)  For rental projects, restrict rents for all workforce
2084	housing serving those with incomes up to 120 percent of area
2085	median income at the appropriate income level using the
2086	restricted rents for the federal low-income housing tax credit
2087	program and, for workforce housing units serving those with
2088	incomes up to 140 percent of area median income, restrict rents
2089	to those established by the corporation, not to exceed 40
2090	percent of the maximum household income adjusted to unit size.
2091	(d)  For home ownership, limit the sales price of a
2092	detached unit, townhome, or condominium unit to not more than
2093	the median sales price for that type of unit in that county and
2094	require that all eligible purchasers of home ownership units
2095	occupy the homes as their primary residence.
2096	(e)  Demonstrate that the program applicant consists of a
2097	public-private partnership of at least one local government or
2098	special district public sector entity and one private not-for-
2099	profit or for-profit partner.
2100	(f)  Demonstrate how the applicant will use the regulatory
2101	incentives outlined in subsection (6) and include, if available,
2102	any letters of support for the incentives referenced in
2103	subparagraph (6)(b)1. from the local jurisdiction in which the
2104	proposed project is to be located.
2105	(g)  Demonstrate that the applicant possesses title to or
2106	site control of land and evidences availability of required
2107	infrastructure.
2108	(h)  Provide any research or facts available supporting the
2109	demand and need for rental or home ownership workforce housing
2110	for qualified workforce residents in the county in which the
2111	project is proposed.
2112	(i)  Have grants, donations of land, or contributions from
2113	the public-private partnership or other sources collectively
2114	totaling at least 15 percent of the total development cost. Such
2115	grants, donations of land, or contributions must only be
2116	evidenced by a letter of commitment at the time of application.
2117	(j)  Demonstrate accessibility to commercial businesses,
2118	services, and employment opportunities needed to serve the needs
2119	of the residents or include a viable plan to provide
2120	transportation access to those commercial businesses, services,
2121	and jobs.
2122	(k)  Demonstrate a marketing and sales plan to ensure that
2123	residents fit the income requirements and workforce employment
2124	demand for essential services, as well as alternative strategies
2125	to sell or lease units to other qualified individuals if
2126	essential services personnel are not immediately available or
2127	qualified for the units.
2128	(l)  Provide a development cost pro forma financial
2129	statement for the project.
2130	(m)  Demonstrate the applicant's affordable housing
2131	development and management experience.
2132	(n)  Demonstrate the long-term affordability of the rental
2133	or homeownership units.
2134	(o)  May include manufactured housing constructed after
2135	June 1994 and installed in accordance with mobile home
2136	installation standards of the Department of Highway and Motor
2137	Vehicles. As part of its application, the public-private
2138	partnership shall include local contributions or financial
2139	strategies, such as:
2140	1.  Promotion and support of employer-assisted housing
2141	programs;
2142	2.  Tax increment financing;
2143	3.  Funding from local option taxes;
2144	4.  Land for the development; or
2145	5.  Financial assistance packages to homebuyers.
2146	(8)(a)  The corporation shall establish a review committee
2147	and shall establish a scoring system for evaluation and
2148	competitive ranking of applications submitted to the program.
2149	The ranking shall ensure an opportunity for a greater number of
2150	high-cost, high-growth counties to receive project funding.
2151	(b)  The corporation shall award loans with interest rates
2152	set at 1 to 3 percent, which may be forgivable if the project
2153	continues to meet the rental or ownership criteria outlined in
2154	subsection (4). The corporation shall develop rules and
2155	guidelines to set the terms of forgivability.
2156	(9)  The corporation may use a maximum of 2 percent of the
2157	annual appropriation per state fiscal year for administration
2158	and compliance monitoring.
2159	(10)  The corporation shall develop and implement within
2160	the Community Workforce Housing Innovation Program a down-
2161	payment assistance program.
2162	(11)  On an annual basis, the corporation shall review the
2163	success of the Community Workforce Housing Innovation Program to
2164	ascertain whether the projects produced by the program are
2165	useful in meeting the housing needs of high-cost and high-growth
2166	counties. The corporation shall submit any recommendations
2167	regarding the program to the Governor, the Speaker of the House
2168	of Representatives, and the President of the Senate not later
2169	than 2 months after the end of the corporation's fiscal year.
2170	Section 25.  Subsection (25) of section 420.9071, Florida
2171	Statutes, is amended to read:
2172	420.9071  Definitions.--As used in ss. 420.907-420.9079,
2173	the term:
2174	(25)  "Recaptured funds" means funds that are recouped by a
2175	county or eligible municipality in accordance with the recapture
2176	provisions of its local housing assistance plan pursuant to s.
2177	420.9075(5)(4)(g) from eligible persons or eligible sponsors who
2178	default on the terms of a grant award or loan award.
2179	Section 26.  Subsection (2) of section 420.9072, Florida
2180	Statutes, is amended to read:
2181	420.9072  State Housing Initiatives Partnership
2182	Program.--The State Housing Initiatives Partnership Program is
2183	created for the purpose of providing funds to counties and
2184	eligible municipalities as an incentive for the creation of
2185	local housing partnerships, to expand production of and preserve
2186	affordable housing, to further the housing element of the local
2187	government comprehensive plan specific to affordable housing,
2188	and to increase housing-related employment.
2189	(2)(a)  To be eligible to receive funds under the program,
2190	a county or eligible municipality must:
2191	1.  Submit to the corporation its local housing assistance
2192	plan describing the local housing assistance strategies
2193	established pursuant to s. 420.9075;
2194	2.  Within 12 months after adopting the local housing
2195	assistance plan, amend the plan to incorporate the local housing
2196	incentive strategies defined in s. 420.9071(16) and described in
2197	s. 420.9076; and
2198	3.  Within 24 months after adopting the amended local
2199	housing assistance plan to incorporate the local housing
2200	incentive strategies, amend its land development regulations or
2201	establish local policies and procedures, as necessary, to
2202	implement the local housing incentive strategies adopted by the
2203	local governing body. A county or an eligible municipality that
2204	has adopted a housing incentive strategy pursuant to s. 420.9076
2205	before the effective date of this act shall review the status of
2206	implementation of the plan according to its adopted schedule for
2207	implementation and report its findings in the annual report
2208	required by s. 420.9075(10)(9). If as a result of the review, a
2209	county or an eligible municipality determines that the
2210	implementation is complete and in accordance with its schedule,
2211	no further action is necessary. If a county or an eligible
2212	municipality determines that implementation according to its
2213	schedule is not complete, it must amend its land development
2214	regulations or establish local policies and procedures, as
2215	necessary, to implement the housing incentive plan within 12
2216	months after the effective date of this act, or if extenuating
2217	circumstances prevent implementation within 12 months, pursuant
2218	to s. 420.9075(13)(12), enter into an extension agreement with
2219	the corporation.
2220	(b)  A county or an eligible municipality seeking approval
2221	to receive its share of the local housing distribution must
2222	adopt an ordinance containing the following provisions:
2223	1.  Creation of a local housing assistance trust fund as
2224	described in s. 420.9075(6)(5).
2225	2.  Adoption by resolution of a local housing assistance
2226	plan as defined in s. 420.9071(14) to be implemented through a
2227	local housing partnership as defined in s. 420.9071(18).
2228	3.  Designation of the responsibility for the
2229	administration of the local housing assistance plan. Such
2230	ordinance may also provide for the contracting of all or part of
2231	the administrative or other functions of the program to a third
2232	person or entity.
2233	4.  Creation of the affordable housing advisory committee
2234	as provided in s. 420.9076.
2235
2236	The ordinance must not take effect until at least 30 days after
2237	the date of formal adoption. Ordinances in effect prior to the
2238	effective date of amendments to this section shall be amended as
2239	needed to conform to new provisions.
2240	Section 27.  Paragraphs (a) and (c) of present subsection
2241	(4) of section 420.9075, Florida Statutes, are amended,
2242	subsections (3) through (12) are renumbered as subsections (4)
2243	through (13), respectively, and a new subsection (3) is added to
2244	that section, to read:
2245	420.9075  Local housing assistance plans; partnerships.--
2246	(3)(a)  Each local housing assistance plan shall include a
2247	definition of essential service personnel for the county or
2248	eligible municipality, including, but not limited to, teachers
2249	and educators, other school district, community college, and
2250	university employees, police and fire personnel, health care
2251	personnel, skilled building trades personnel, and other job
2252	categories.
2253	(b)  Each county and each eligible municipality is
2254	encouraged to develop a strategy within its local housing
2255	assistance plan that emphasizes the recruitment and retention of
2256	essential service personnel and persons skilled in the building
2257	trades. The local government is encouraged to involve public and
2258	private sector employers. Compliance with the eligibility
2259	criteria established under this strategy shall be verified by
2260	the county or eligible municipality.
2261	(c)  Each county and each eligible municipality is
2262	encouraged to develop a strategy within its local housing
2263	assistance plan that addresses the needs of persons who are
2264	deprived of affordable housing due to the closure of a mobile
2265	home park or the conversion of affordable rental units to
2266	condominiums.
2267	(5)(4)  The following criteria apply to awards made to
2268	eligible sponsors or eligible persons for the purpose of
2269	providing eligible housing:
2270	(a)  At least 65 percent of the funds made available in
2271	each county and eligible municipality from the local housing
2272	distribution must be reserved for rehabilitation and
2273	construction of home ownership units for eligible extremely-low-
2274	income, low-income, or very-low-income persons.
2275	(c)  The sales price or value of new or existing eligible
2276	housing may not exceed 90 percent of the average area purchase
2277	price in the statistical area in which the eligible housing is
2278	located. Such average area purchase price may be that calculated
2279	for any 12-month period beginning not earlier than the fourth
2280	calendar year prior to the year in which the award occurs or as
2281	otherwise established by the United States Department of the
2282	Treasury.
2283
2284	If both an award under the local housing assistance plan and
2285	federal low-income housing tax credits are used to assist a
2286	project and there is a conflict between the criteria prescribed
2287	in this subsection and the requirements of s. 42 of the Internal
2288	Revenue Code of 1986, as amended, the county or eligible
2289	municipality may resolve the conflict by giving precedence to
2290	the requirements of s. 42 of the Internal Revenue Code of 1986,
2291	as amended, in lieu of following the criteria prescribed in this
2292	subsection with the exception of paragraphs (a) and (d) of this
2293	subsection.
2294	Section 28.  Subsection (6) of section 420.9076, Florida
2295	Statutes, is amended to read:
2296	420.9076  Adoption of affordable housing incentive
2297	strategies; committees.--
2298	(6)  Within 90 days after the date of receipt of the local
2299	housing incentive strategies recommendations from the advisory
2300	committee, the governing body of the appointing local government
2301	shall adopt an amendment to its local housing assistance plan to
2302	incorporate the local housing incentive strategies it will
2303	implement within its jurisdiction. The amendment must include,
2304	at a minimum, the local housing incentive strategies specified
2305	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
2306	Section 29.  Subsection (2) of section 420.9079, Florida
2307	Statutes, is amended to read:
2308	420.9079  Local Government Housing Trust Fund.--
2309	(2)  The corporation shall administer the fund exclusively
2310	for the purpose of implementing the programs described in ss.
2311	420.907-420.9078 and this section. With the exception of
2312	monitoring the activities of counties and eligible
2313	municipalities to determine local compliance with program
2314	requirements, the corporation shall not receive appropriations
2315	from the fund for administrative or personnel costs. For the
2316	purpose of implementing the compliance monitoring provisions of
2317	s. 420.9075(9)(8), the corporation may request a maximum of one-
2318	quarter of 1 percent of the annual appropriation $200,000 per
2319	state fiscal year. When such funding is appropriated, the
2320	corporation shall deduct the amount appropriated prior to
2321	calculating the local housing distribution pursuant to ss.
2322	420.9072 and 420.9073.
2323	Section 30.  Paragraph (c) of subsection (1) and paragraph
2324	(e) of subsection (2) of section 624.5105, Florida Statutes, are
2325	amended to read:
2326	624.5105  Community contribution tax credit; authorization;
2327	limitations; eligibility and application requirements;
2328	administration; definitions; expiration.--
2329	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
2330	(c)  The total amount of tax credit which may be granted
2331	for all programs approved under this section and ss.
2332	212.08(5)(q) and 220.183 is $10 $12 million annually for
2333	projects that provide homeownership opportunities for extremely-
2334	low-income persons, as defined in s. 420.0004(8), or low-income
2335	or very-low-income persons, as defined in s. 420.9071(19) and
2336	(28), and $3 million annually for all other projects.
2337	(2)  ELIGIBILITY REQUIREMENTS.--
2338	(e)1.  For the first 6 months of the fiscal year, the
2339	Office of Tourism, Trade, and Economic Development shall reserve
2340	80 percent of the first $10 million in available annual tax
2341	credits, and 70 percent of any available annual tax credits in
2342	excess of $10 million, for donations made to eligible sponsors
2343	for projects that provide homeownership opportunities for low-
2344	income or very-low-income households as defined in s.
2345	420.9071(19) and (28). If any such reserved annual tax credits
2346	remain after the first 6 months of the fiscal year, the office
2347	may approve the balance of these available credits for donations
2348	made to eligible sponsors for projects other than those that
2349	provide homeownership opportunities for low-income or very-low-
2350	income households.
2351	2.  For the first 6 months of the fiscal year, the office
2352	shall reserve 20 percent of the first $10 million in available
2353	annual tax credits, and 30 percent of any available annual tax
2354	credits in excess of $10 million, for donations made to eligible
2355	sponsors for projects other than those that provide
2356	homeownership opportunities for low-income or very-low-income
2357	households as defined in s. 420.9071(19) and (28). If any
2358	reserved annual tax credits remain after the first 6 months of
2359	the fiscal year, the office may approve the balance of these
2360	available credits for donations made to eligible sponsors for
2361	projects that provide homeownership opportunities for low-income
2362	or very-low-income households.
2363	3.  If, during the first 10 business days of the state
2364	fiscal year, eligible tax credit applications for projects that
2365	provide homeownership opportunities for extremely-low-income
2366	persons, as defined in s. 420.0004(8), or low-income or very-
2367	low-income persons, as defined in s. 420.9071(19) and (28), are
2368	received for less than the available annual tax credits
2369	available for those projects reserved under subparagraph 1., the
2370	office shall grant tax credits for those applications and shall
2371	grant remaining tax credits on a first-come, first-served basis
2372	for any subsequent eligible applications received before the end
2373	of the first 6 months of the state fiscal year. If, during the
2374	first 10 business days of the state fiscal year, eligible tax
2375	credit applications for projects that provide homeownership
2376	opportunities for extremely-low-income persons, as defined in s.
2377	420.0004(8), or low-income or very-low-income persons, as
2378	defined in s. 420.9071(19) and (28), are received for more than
2379	the available annual tax credits available for those projects
2380	reserved under subparagraph 1., the office shall grant the tax
2381	credits for those the applications as follows:
2382	a.  If tax credit applications submitted for approved
2383	projects of an eligible sponsor do not exceed $200,000 in total,
2384	the credits shall be granted in full if the tax credit
2385	applications are approved, subject to subparagraph 1.
2386	b.  If tax credit applications submitted for approved
2387	projects of an eligible sponsor exceed $200,000 in total, the
2388	amount of tax credits granted under sub-subparagraph a. shall be
2389	subtracted from the amount of available tax credits under
2390	subparagraph 1., and the remaining credits shall be granted to
2391	each approved tax credit application on a pro rata basis.
2392	c.  If, after the first 6 months of the fiscal year,
2393	additional credits become available under subparagraph 2., the
2394	office shall grant the tax credits by first granting to those
2395	who received a pro rata reduction up to the full amount of their
2396	request and, if there are remaining credits, granting credits to
2397	those who applied on or after the 11th business day of the state
2398	fiscal year on a first-come, first-served basis.
2399	2.4.  If, during the first 10 business days of the state
2400	fiscal year, eligible tax credit applications for projects other
2401	than those that provide homeownership opportunities for
2402	extremely-low-income persons, as defined in s. 420.0004(8), or
2403	low-income or very-low-income persons, as defined in s.
2404	420.9071(19) and (28,) are received for less than the available
2405	annual tax credits available for those projects reserved under
2406	subparagraph 2., the office shall grant tax credits for those
2407	applications and shall grant remaining tax credits on a first-
2408	come, first-served basis for any subsequent eligible
2409	applications received before the end of the first 6 months of
2410	the state fiscal year. If, during the first 10 business days of
2411	the state fiscal year, eligible tax credit applications for
2412	projects other than those that provide homeownership
2413	opportunities for extremely-low-income persons, as defined in s.
2414	420.0004(8), or low-income or very-low-income persons, as
2415	defined in s. 420.9071(19) and (28), are received for more than
2416	the available annual tax credits available for those projects
2417	reserved under subparagraph 2., the office shall grant the tax
2418	credits for those the applications on a pro rata basis. If,
2419	after the first 6 months of the fiscal year, additional credits
2420	become available under subparagraph 1., the office shall grant
2421	the tax credits by first granting to those who received a pro
2422	rata reduction up to the full amount of their request and, if
2423	there are remaining credits, granting credits to those who
2424	applied on or after the 11th business day of the state fiscal
2425	year on a first-come, first-served basis.
2426	Section 31.  Paragraph (b) of subsection (9) of section
2427	1001.42, Florida Statutes, is amended to read:
2428	1001.42  Powers and duties of district school board.--The
2429	district school board, acting as a board, shall exercise all
2430	powers and perform all duties listed below:
2431	(9)  SCHOOL PLANT.--Approve plans for locating, planning,
2432	constructing, sanitating, insuring, maintaining, protecting, and
2433	condemning school property as prescribed in chapter 1013 and as
2434	follows:
2435	(b)  Sites, buildings, and equipment.--
2436	1.  Select and purchase school sites, playgrounds, and
2437	recreational areas located at centers at which schools are to be
2438	constructed, of adequate size to meet the needs of projected
2439	students to be accommodated.
2440	2.  Approve the proposed purchase of any site, playground,
2441	or recreational area for which district funds are to be used.
2442	3.  Expand existing sites.
2443	4.  Rent buildings when necessary.
2444	5.  Enter into leases or lease-purchase arrangements, in
2445	accordance with the requirements and conditions provided in s.
2446	1013.15(2), with private individuals or corporations for the
2447	rental of necessary grounds and educational facilities for
2448	school purposes or of educational facilities to be erected for
2449	school purposes. Current or other funds authorized by law may be
2450	used to make payments under a lease-purchase agreement.
2451	Notwithstanding any other statutes, if the rental is to be paid
2452	from funds received from ad valorem taxation and the agreement
2453	is for a period greater than 12 months, an approving referendum
2454	must be held. The provisions of such contracts, including
2455	building plans, shall be subject to approval by the Department
2456	of Education, and no such contract shall be entered into without
2457	such approval. As used in this section, "educational facilities"
2458	means the buildings and equipment that are built, installed, or
2459	established to serve educational purposes and that may lawfully
2460	be used. The State Board of Education may adopt such rules as
2461	are necessary to implement these provisions.
2462	6.  Provide for the proper supervision of construction.
2463	7.  Make or contract for additions, alterations, and
2464	repairs on buildings and other school properties.
2465	8.  Ensure that all plans and specifications for buildings
2466	provide adequately for the safety and well-being of students, as
2467	well as for economy of construction.
2468	9.  Make certain school board lands, acquired prior to
2469	January 1, 2006, available to a private developer or nonprofit
2470	housing organization for the purpose of providing teachers and
2471	other instructional personnel housing assistance. Teachers and
2472	other instructional personnel must be eligible for assistance
2473	under chapter 420, and the school board must declare the land
2474	surplus and not needed for any facility identified in the
2475	district facilities work program required under s. 1013.35.
2476	Section 32.  Subsection (12) of section 1001.43, Florida
2477	Statutes, is renumbered as subsection (13), and a new subsection
2478	(12) is added to that section to read:
2479	1001.43  Supplemental powers and duties of district school
2480	board.--The district school board may exercise the following
2481	supplemental powers and duties as authorized by this code or
2482	State Board of Education rule.
2483	(12)  AFFORDABLE HOUSING.--The district school board may
2484	provide affordable housing for teachers and other instructional
2485	personnel independently or in conjunction with other agencies as
2486	described in subsection (5).
2487	Section 33.  Affordable housing land donation density bonus
2488	incentives.--
2489	(1)  A local government may provide density bonus
2490	incentives pursuant to the provisions of this section to any
2491	landowner who voluntarily donates fee simple interest in real
2492	property to the local government for the purpose of assisting
2493	the local government in providing affordable housing. Donated
2494	real property must be determined by the local government to be
2495	appropriate for use as affordable housing and must be subject to
2496	deed restrictions to ensure that the property will be used for
2497	the stated purpose of affordable housing.
2498	(2)  For purposes of this section, the terms "affordable,"
2499	"extremely-low-income persons," "low-income persons," "moderate-
2500	income persons," and "very-low-income persons," have the same
2501	meaning as in section 420.0004, Florida Statutes.
2502	(3)  The density bonus may be provided by the local
2503	government at the rate of one to four dwelling units per gross
2504	acre of donated land, as determined by the local government. The
2505	density bonus may be applied to any land within the local
2506	government's jurisdiction provided that residential is an
2507	allowable use on the receiving land and that the overall density
2508	of the receiving land does not exceed six dwelling units per
2509	gross acre.
2510	(4)  The density bonus, identification of receiving land
2511	for the bonus, and any other conditions associated with the
2512	donation of the land for affordable housing are the subject of
2513	review and approval by the local government. The award of
2514	density bonus pursuant to this section, the legal description of
2515	the land receiving the bonus, and any other conditions
2516	associated with the bonus shall be memorialized in a development
2517	agreement or other binding agreement and recorded with the clerk
2518	of court in the county where the donated land and receiving land
2519	are located.
2520	(5)  The local government, as part of the approval process,
2521	shall adopt a comprehensive plan amendment, pursuant to part II
2522	of chapter 163, Florida Statutes, for the receiving land that
2523	incorporates the density bonus. Such amendment shall be adopted
2524	in the manner as required for small scale amendments pursuant to
2525	section 163.3187, Florida Statutes, is not subject to the
2526	requirements of s. 163.3184(3)-(6), Florida Statutes, and is
2527	exempt from the limitation on the frequency of plan amendments
2528	as provided in s. 163.3187, Florida Statutes.
2529	(6)  The deed restrictions required pursuant to subsection
2530	(1) for an affordable housing unit must also prohibit the unit
2531	from being sold at a price that exceeds the threshold for
2532	housing that is affordable for low-income or moderate-income
2533	persons or to a buyer who is not eligible due to his or her
2534	income under chapter 420, Florida Statutes. The deed restriction
2535	may allow affordable housing units created under subsection (1)
2536	to be rented to extremely-low-income, very-low-income, low-
2537	income, or moderate-income persons.
2538	(7)  The local government may transfer all or a portion of
2539	the donated land to a nonprofit housing organization, such as a
2540	community land trust, housing authority, or community
2541	redevelopment agency, to be used for the production and
2542	preservation of permanently affordable housing.
2543	Section 34.  The Department of Community Affairs shall
2544	establish the Home Retrofit Hardening Program. The program is a
2545	competitive grant program to fund improvements to homes
2546	constructed before the implementation of the current Florida
2547	Building Code when the improvements will directly affect the
2548	ability of the home to withstand hurricane force winds and
2549	improve the home's rating for home insurance. Site-built and
2550	mobile homes are eligible for funding under this program.
2551	However, priority shall be given to low-income homeowners, as
2552	defined in s. 420.004(10), Florida Statutes, who live in wind-
2553	borne debris regions as defined in the Florida Building Code.
2554	(1)  The program shall be administered by local
2555	governments, regional planning councils, or private nonprofit
2556	agencies under the overall direction of the department. When
2557	awarding program funds, the department shall be guided by:
2558	(a)  The number of homes in need of improvement.
2559	(b)  The number of homes located within the wind-borne
2560	debris region.
2561	(c)  The number of persons who will benefit from the
2562	improvements.
2563	(d)  The number of extremely-low-income and low-income
2564	households that will benefit from the improvements.
2565	(e)  The costs per home to provide improvements.
2566	(2)  Funds may be used for the following improvements
2567	installed in compliance with Blueprint for Safety standards:
2568	(a)  Roof deck attachments.
2569	(b)  Secondary water barriers.
2570	(c)  Roof coverings.
2571	(d)  Brace gable ends.
2572	(e)  Reinforcement of roof-to-wall connections.
2573	(f)  Opening protection.
2574	(g)  Exterior doors.
2575	(3)  Each project grant for an individual home retrofit may
2576	not exceed $10,000.
2577	(4)  Administrative costs shall be kept to a minimum.
2578	(5)  Grantees are encouraged to leverage grant funds
2579	available under this program with other available funds.
2580	Matching funds for a project is not a requirement. However,
2581	matching funds from other available sources may be considered by
2582	the department in the competitive-review process.
2583	(6)  The sum of $50 million is appropriated from the U.S.
2584	Contributions Trust Fund to the Department of Community Affairs
2585	in fixed capital outlay for the Home Retrofit Hardening Program.
2586	No more than 5 percent of the funds provided under this section
2587	may be used by the department for administration of this
2588	funding.
2589	Section 35.  The Department of Community Affairs shall
2590	establish the Disaster Recovery Assistance Program which shall
2591	be a grant program to fund repairs and rehabilitation to homes
2592	in communities severely impacted by the 2004 and 2005
2593	hurricanes. These funds shall be leveraged with other program
2594	funds targeted to the most vulnerable citizens of the state. The
2595	sum of $2 million is appropriated in fixed capital outlay from
2596	the State Housing Trust Fund in the Department of Community
2597	Affairs for the Disaster Recovery Assistance Program. For the
2598	purposes of implementing this section, the Florida Housing
2599	Finance Corporation is provided nonoperating budget authority to
2600	transfer $2 million from the State Housing Trust Fund to the
2601	Department of Community Affairs.
2602	Section 36.  The Florida Housing Finance Corporation is
2603	authorized to provide funds to eligible entities for affordable
2604	housing recovery in those areas of the state which sustained
2605	housing damage due to hurricanes during 2004 and 2005. The
2606	Florida Housing Finance Corporation shall utilize data provided
2607	by the Federal Emergency Management Agency to assist in its
2608	allocation of funds to local jurisdictions. To administer these
2609	programs, the Florida Housing Finance Corporation should be
2610	guided by the "Hurricane Housing Work Group Recommendations to
2611	Assist in Florida's Long Term Housing Recovery Efforts," report
2612	dated February 16, 2005, and may adopt emergency rules pursuant
2613	to s. 120.54, Florida Statutes. The Legislature finds that
2614	emergency rules adopted pursuant to this section meet the
2615	health, safety, and welfare requirement of s. 120.54(4), Florida
2616	Statutes. The Legislature finds that such emergency rulemaking
2617	power is necessary for the preservation of the rights and
2618	welfare of the people in order to provide additional funds to
2619	assist those areas of the state which sustained housing damage
2620	due to hurricanes during 2004 and 2005. Therefore, in adopting
2621	such emergency rules, the corporation need not make the findings
2622	required by s. 120.54(4)(a), Florida Statutes. Emergency rules
2623	adopted under this section are exempt from s. 120.54(4)(c),
2624	Florida Statutes. The sum of $15 million is appropriated from
2625	the Local Government Housing Trust Fund to the Florida Housing
2626	Finance Corporation for the Hurricane Housing Recovery Program.
2627	There is appropriated from the State Housing Trust Fund to the
2628	Florida Housing Finance Corporation the sum of $25 million for
2629	the Farmworker Housing Recovery Program and the Special Housing
2630	Assistance and Development Program, the sum of $400,000 for
2631	technical and training assistance, and the sum of $176.6 million
2632	for the Rental Recovery Loan Program.
2633	Section 37.  The sum of $82,904,000 is appropriated from
2634	the Florida Small Cities Community Development Block Grant
2635	Program Fund to the Department of Community Affairs. These funds
2636	shall be used consistent with the Federal Register, Vol. 71, No.
2637	29, February 13, 2006, Docket No. FR-5051-N-01 and the Action
2638	Plan for Disaster Recovery approved by the United States
2639	Department of Housing and Urban Development to meet the needs of
2640	communities impacted by Hurricanes Wilma and Katrina, with a
2641	prioritization toward affordable housing in the most impacted
2642	areas of the state.
2643	Section 38.  The sum of $50 million is appropriated from
2644	the Local Government Housing Trust Fund to the Florida Housing
2645	Finance Corporation for fiscal year 2006-2007 to implement the
2646	Community Workforce Housing Innovation Program created in s.
2647	420.5095, Florida Statutes.
2648	Section 39.  The sum of $33 million is appropriated from
2649	the Local Government Housing Trust Fund to the Florida Housing
2650	Finance Corporation for fiscal year 2006-2007 to assist in the
2651	production of housing units for extremely-low-income persons as
2652	defined in s. 420.0004(8), Florida Statutes.
2653	Section 40.  Except as otherwise expressly provided in this
2654	act, this act shall take effect July 1, 2006.

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