HB 1363CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to affordable housing; creating s.
7125.379, F.S.; providing for disposition of county
8property for affordable housing; amending s. 163.31771,
9F.S., relating to accessory dwelling units; revising
10legislative findings and definitions; conforming cross-
11references; amending s. 163.3187, F.S.; revising a
12limitation relating to small scale comprehensive plan
13amendments involving the construction of affordable
14housing units; creating s. 166.0451, F.S.; providing for
15disposition of municipal property for affordable housing;
16amending s. 189.4155, F.S.; authorizing independent
17special districts to provide for housing and housing
18assistance; amending s. 191.006, F.S.; authorizing
19independent special fire control districts to provide
20employee housing and housing assistance; creating s.
21193.018, F.S.; creating the Manny Diaz Affordable Housing
22Property Tax Relief Initiative; providing criteria for
23assessing just valuation of affordable housing properties
24serving persons of low, moderate, very-low, and extremely-
25low incomes; amending s. 196.1978, F.S.; specifying what
26constitutes a nonprofit entity for purposes of affordable
27housing property tax exemption; conforming cross-
28references; amending ss. 212.08, 220.183, and 624.5105,
29F.S.; increasing the amount of available tax credits
30against the sales tax, corporate income tax, and insurance
31premium tax, respectively, for projects under the
32community contribution tax credit program and providing
33separate annual limitations for certain projects; revising
34requirements and procedures for the Office of Tourism,
35Trade, and Economic Development in granting tax credits
36under the program; including extremely-low-income persons
37as eligible recipients of assistance; conforming cross-
38references; amending s. 253.034, F.S.; providing for the
39disposition of state lands for affordable housing;
40amending s. 253.0341, F.S.; authorizing local governments
41to request state lands be declared surplus for the purpose
42of affordable housing; providing for use of lands that are
43declared surplus; amending s. 295.16, F.S.; expanding the
44disabled veteran exemption from certain license and permit
45fees relating to dwelling improvements; amending s.
46376.30781, F.S; providing tax credits for eligible
47applicants; amending s. 380.06, F.S.; providing a greater
48substantial deviation threshold for the provision of
49affordable housing in a development of regional impact;
50conforming cross-references; amending s. 380.0651, F.S.;
51providing a statewide guidelines and standards bonus for
52the provision of workforce housing; amending s. 420.0004,
53F.S.; defining the term "extremely-low-income persons";
54conforming cross-references; repealing s. 420.37, F.S.,
55relating to additional powers of the Florida Housing
56Finance Corporation; repealing s. 420.530, F.S., relating
57to the State Farm Worker Housing Pilot Loan Program;
58amending s. 420.503, F.S.; revising the definition of the
59term "farmworker" under the Florida Housing Finance
60Corporation Act; providing rulemaking authority; amending
61s. 420.5061, F.S.; conforming a cross-reference; amending
62s. 420.507, F.S.; revising and expanding the powers of the
63Florida Housing Finance Corporation relating to mortgage
64loan interest rates, loans, loan relief, uses of loan
65funds, subsidiary business entities, and data reporting;
66providing rulemaking authority; amending s. 420.5087,
67F.S.; increasing the population criteria for the State
68Apartment Incentive Loan Program; revising criteria for
69loans; conforming cross-references; amending s. 420.5088,
70F.S.; expanding the scope of the Florida Homeownership
71Assistance Program; revising loan requirements; deleting a
72provision reserving program funds for certain borrowers;
73amending s. 420.9071, F.S.; conforming a cross-reference;
74amending s. 420.9072, F.S.; conforming cross-references;
75amending s. 420.9075, F.S.; requiring local housing
76assistance plans to define essential service personnel for
77the county or eligible municipality and to contain a
78strategy for the recruitment and retention of such
79personnel; providing for provision of funds for
80homeownership for extremely-low-income, very-low-income,
81or low-income persons; amending s. 420.9076, F.S.;
82conforming a cross-reference; amending s. 420.9079, F.S.;
83revising the maximum appropriation the Florida Housing
84Finance Corporation may request each state fiscal year;
85conforming a cross-reference; amending s. 1001.43, F.S.;
86authorizing district school boards to provide affordable
87housing for teachers and other instructional personnel;
88amending s. 1013.64, F.S.; prohibiting the use of PECO
89funds for the construction of affordable housing;
90authorizing school districts to use local and other funds
91to fund the construction of affordable housing; creating
92the Community Workforce Housing Innovation Pilot Program;
93provides legislative findings; providing definitions;
94providing the Florida Housing Finance Corporation with
95certain powers and responsibilities relating to the
96program; requiring the program to target certain entities;
97providing application requirements; providing incentives
98for program applicants; providing rulemaking authority;
99requires a report to the Governor and Legislature;
100authorizing local governments to provide density bonus
101incentives to landowners who donate fee simple interest in
102real property to the local government for the purpose of
103assisting the local government in providing affordable
104housing; providing definitions and requirements governing
105such donations and density bonuses; requiring the
106Department of Community Affairs to establish a Home
107Retrofit Hardening Program and establishing requirements
108for the program; requiring the Department of Community
109Affairs to establish a Disaster Recovery Assistance
110Program and establishing requirements for the program;
111authorizing the Florida Housing Finance Corporation to
112provide funds to eligible entities for affordable housing
113recovery in areas of the state sustaining hurricane damage
114due to hurricanes during 2004 and 2005; providing
115legislative findings and emergency rulemaking authority;
116providing appropriations; providing effective dates.
117
118Be It Enacted by the Legislature of the State of Florida:
119
120     Section 1.  Section 125.379, Florida Statutes, is created
121to read:
122     125.379  Disposition of county property for affordable
123housing.--
124     (1)  By July 1, 2007, and every 3 years thereafter, each
125county shall prepare an inventory list of all real property
126within its jurisdiction to which the county holds fee simple
127title that is appropriate for use as affordable housing. The
128inventory list must include the address and legal description of
129each such real property and specify whether the property is
130vacant or improved. The governing body of the county must review
131the inventory list at a public hearing and may revise it at the
132conclusion of the public hearing. The governing body of the
133county shall adopt a resolution that includes an inventory list
134of such property following the public hearing.
135     (2)  The properties identified as appropriate for use as
136affordable housing on the inventory list adopted by the county
137may be offered for sale and the proceeds used to purchase land
138for the development of affordable housing or to increase the
139local government fund earmarked for affordable housing, or may
140be sold with a restriction that requires the development of the
141property as permanent affordable housing, or may be donated to a
142nonprofit housing organization for the construction of permanent
143affordable housing. Alternatively, the county may otherwise make
144the property available for use for the production and
145preservation of permanent affordable housing. For purposes of
146this section, the term "affordable" has the same meaning as in
147s. 420.0004(3).
148     Section 2.  Subsections (1) and (4) and paragraphs (b),
149(d), (e), and (f) of subsection (2) of section 163.31771,
150Florida Statutes, are amended, and paragraph (g) is added to
151subsection (2) of that section, to read:
152     163.31771  Accessory dwelling units.--
153     (1)  The Legislature finds that the median price of homes
154in this state has increased steadily over the last decade and at
155a greater rate of increase than the median income in many urban
156areas. The Legislature finds that the cost of rental housing has
157also increased steadily and the cost often exceeds an amount
158that is affordable to extremely-low-income, very-low-income,
159low-income, or moderate-income persons and has resulted in a
160critical shortage of affordable rentals in many urban areas in
161the state. This shortage of affordable rentals constitutes a
162threat to the health, safety, and welfare of the residents of
163the state. Therefore, the Legislature finds that it serves an
164important public purpose to encourage the permitting of
165accessory dwelling units in single-family residential areas in
166order to increase the availability of affordable rentals for
167extremely-low-income, very-low-income, low-income, or moderate-
168income persons.
169     (2)  As used in this section, the term:
170     (b)  "Affordable rental" means that monthly rent and
171utilities do not exceed 30 percent of that amount which
172represents the percentage of the median adjusted gross annual
173income for extremely-low-income, very-low-income, low-income, or
174moderate-income persons.
175     (d)  "Low-income persons" has the same meaning as in s.
176420.0004(10)(9).
177     (e)  "Moderate-income persons" has the same meaning as in
178s. 420.0004(11)(10).
179     (f)  "Very-low-income persons" has the same meaning as in
180s. 420.0004(15)(14).
181     (g)  "Extremely-low-income persons" has the same meaning as
182in s. 420.0004(8).
183     (4)  If the local government adopts an ordinance under this
184section, an application for a building permit to construct an
185accessory dwelling unit must include an affidavit from the
186applicant which attests that the unit will be rented at an
187affordable rate to an extremely-low-income, a very-low-income,
188low-income, or moderate-income person or persons.
189     Section 3.  Paragraph (c) of subsection (1) of section
190163.3187, Florida Statutes, is amended to read:
191     163.3187  Amendment of adopted comprehensive plan.--
192     (1)  Amendments to comprehensive plans adopted pursuant to
193this part may be made not more than two times during any
194calendar year, except:
195     (c)  Any local government comprehensive plan amendments
196directly related to proposed small scale development activities
197may be approved without regard to statutory limits on the
198frequency of consideration of amendments to the local
199comprehensive plan. A small scale development amendment may be
200adopted only under the following conditions:
201     1.  The proposed amendment involves a use of 10 acres or
202fewer and:
203     a.  The cumulative annual effect of the acreage for all
204small scale development amendments adopted by the local
205government shall not exceed:
206     (I)  A maximum of 120 acres in a local government that
207contains areas specifically designated in the local
208comprehensive plan for urban infill, urban redevelopment, or
209downtown revitalization as defined in s. 163.3164, urban infill
210and redevelopment areas designated under s. 163.2517,
211transportation concurrency exception areas approved pursuant to
212s. 163.3180(5), or regional activity centers and urban central
213business districts approved pursuant to s. 380.06(2)(e);
214however, amendments under this paragraph may be applied to no
215more than 60 acres annually of property outside the designated
216areas listed in this sub-sub-subparagraph. Amendments adopted
217pursuant to paragraph (k) shall not be counted toward the
218acreage limitations for small scale amendments under this
219paragraph.
220     (II)  A maximum of 80 acres in a local government that does
221not contain any of the designated areas set forth in sub-sub-
222subparagraph (I).
223     (III)  A maximum of 120 acres in a county established
224pursuant to s. 9, Art. VIII of the State Constitution.
225     b.  The proposed amendment does not involve the same
226property granted a change within the prior 12 months.
227     c.  The proposed amendment does not involve the same
228owner's property within 200 feet of property granted a change
229within the prior 12 months.
230     d.  The proposed amendment does not involve a text change
231to the goals, policies, and objectives of the local government's
232comprehensive plan, but only proposes a land use change to the
233future land use map for a site-specific small scale development
234activity.
235     e.  The property that is the subject of the proposed
236amendment is not located within an area of critical state
237concern, unless the project subject to the proposed amendment
238involves the construction of affordable housing units meeting
239the criteria of s. 420.0004(3), and is located within an area of
240critical state concern designated by s. 380.0552 or by the
241Administration Commission pursuant to s. 380.05(1). Such
242amendment is not subject to the density limitations of sub-
243subparagraph f., and shall be reviewed by the state land
244planning agency for consistency with the principles for guiding
245development applicable to the area of critical state concern
246where the amendment is located and shall not become effective
247until a final order is issued under s. 380.05(6).
248     f.  If the proposed amendment involves a residential land
249use, the residential land use has a density of 10 units or less
250per acre or the proposed future land use category allows a
251maximum residential density of the same or less than the maximum
252residential density allowable under the existing future land use
253category, except that this limitation does not apply to small
254scale amendments involving the construction of affordable
255housing units meeting the criteria of s. 420.0004(3) on property
256which will be the subject of a land use restriction agreement or
257extended use agreement recorded in conjunction with the issuance
258of tax exempt bond financing or an allocation of federal tax
259credits issued through the Florida Housing Finance Corporation
260or a local housing finance authority authorized by the Division
261of Bond Finance of the State Board of Administration, or small
262scale amendments described in sub-sub-subparagraph a.(I) that
263are designated in the local comprehensive plan for urban infill,
264urban redevelopment, or downtown revitalization as defined in s.
265163.3164, urban infill and redevelopment areas designated under
266s. 163.2517, transportation concurrency exception areas approved
267pursuant to s. 163.3180(5), or regional activity centers and
268urban central business districts approved pursuant to s.
269380.06(2)(e).
270     2.a.  A local government that proposes to consider a plan
271amendment pursuant to this paragraph is not required to comply
272with the procedures and public notice requirements of s.
273163.3184(15)(c) for such plan amendments if the local government
274complies with the provisions in s. 125.66(4)(a) for a county or
275in s. 166.041(3)(c) for a municipality. If a request for a plan
276amendment under this paragraph is initiated by other than the
277local government, public notice is required.
278     b.  The local government shall send copies of the notice
279and amendment to the state land planning agency, the regional
280planning council, and any other person or entity requesting a
281copy. This information shall also include a statement
282identifying any property subject to the amendment that is
283located within a coastal high-hazard area as identified in the
284local comprehensive plan.
285     3.  Small scale development amendments adopted pursuant to
286this paragraph require only one public hearing before the
287governing board, which shall be an adoption hearing as described
288in s. 163.3184(7), and are not subject to the requirements of s.
289163.3184(3)-(6) unless the local government elects to have them
290subject to those requirements.
291     4.  If the small scale development amendment involves a
292site within an area that is designated by the Governor as a
293rural area of critical economic concern under s. 288.0656(7) for
294the duration of such designation, the 10-acre limit listed in
295subparagraph 1. shall be increased by 100 percent to 20 acres.
296The local government approving the small scale plan amendment
297shall certify to the Office of Tourism, Trade, and Economic
298Development that the plan amendment furthers the economic
299objectives set forth in the executive order issued under s.
300288.0656(7), and the property subject to the plan amendment
301shall undergo public review to ensure that all concurrency
302requirements and federal, state, and local environmental permit
303requirements are met.
304     Section 4.  Section 166.0451, Florida Statutes, is created
305to read:
306     166.0451  Disposition of municipal property for affordable
307housing.--
308     (1)  By July 1, 2007, and every 3 years thereafter, each
309municipality shall prepare an inventory list of all real
310property within its jurisdiction to which the municipality holds
311fee simple title that is appropriate for use as affordable
312housing. The inventory list must include the address and legal
313description of each such property and specify whether the
314property is vacant or improved. The governing body of the
315municipality must review the inventory list at a public hearing
316and may revise it at the conclusion of the public hearing.
317Following the public hearing, the governing body of the
318municipality shall adopt a resolution that includes an inventory
319list of such property.
320     (2)  The properties identified as appropriate for use as
321affordable housing on the inventory list adopted by the
322municipality may be offered for sale and the proceeds may be
323used to purchase land for the development of affordable housing
324or to increase the local government fund earmarked for
325affordable housing, or may be sold with a restriction that
326requires the development of the property as permanent affordable
327housing, or may be donated to a nonprofit housing organization
328for the construction of permanent affordable housing.
329Alternatively, the municipality may otherwise make the property
330available for use for the production and preservation of
331permanent affordable housing. For purposes of this section, the
332term "affordable" has the same meaning as in s. 420.0004(3).
333     Section 5.  Subsections (6) and (7) are added to section
334189.4155, Florida Statutes, to read:
335     189.4155  Activities of special districts; local government
336comprehensive planning.--
337     (6)  Any independent special district created pursuant to
338chapter 190 is authorized to provide housing and housing
339assistance for persons whose total annual household income does
340not exceed 140 percent of the area median income, adjusted for
341family size.
342     (7)  Any independent special district created pursuant to
343special act or general law, including, but not limited to, this
344chapter and chapter 298, for the purpose of providing urban
345infrastructure or services is authorized to provide housing and
346housing assistance for its employed personnel whose total annual
347household income does not exceed 140 percent of the area median
348income, adjusted for family size.
349     Section 6.  Subsection (19) is added to section 191.006,
350Florida Statutes, to read:
351     191.006  General powers.--The district shall have, and the
352board may exercise by majority vote, the following powers:
353     (19)  To provide housing and housing assistance for its
354employed personnel whose total annual household income does not
355exceed 140 percent of the area median income, adjusted for
356family size.
357     Section 7.  Section 193.018, Florida Statutes, is created
358to read:
359     193.018  The Manny Diaz Affordable Housing Property Tax
360Relief Initiative.--For the purpose of assessing just valuation
361of affordable housing properties serving persons with income
362limits defined as extremely-low, low, moderate, and very-low, as
363specified in s. 420.0004(8), (10), (11), and (15), the actual
364rental income from rent-restricted units in such a property
365shall be recognized by the property appraiser for assessment
366purposes, and a rental income approach pursuant to s. 193.011(7)
367shall be used for assessment of the rents for the following
368affordable housing properties:
369     (1)  Property that is funded by the United States
370Department of Housing and Urban Development under s. 8 of the
371United States Housing Act of 1937 that is used to provide
372affordable housing serving eligible persons as defined by s.
373159.603(7) and elderly persons, extremely-low-income persons,
374and very-low-income persons as defined by s. 420.0004(7), (8),
375and (15) and that has undergone financial restructuring as
376provided in s. 501, Title V, Subtitle A of the Multifamily
377Assisted Housing Reform and Affordability Act of 1997;
378     (2)  Multifamily, farmworker, or elderly rental properties
379that are funded by the Florida Housing Finance Corporation under
380ss. 420.5087 and 420.5089 and the State Housing Initiatives
381Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
382the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment
383Partnership Program under the Cranston-Gonzalez National
384Affordable Housing Act, 42 U.S.C. ss. 12741 et seq.; or the
385Federal Home Loan Banks' Affordable Housing Program established
386pursuant to the Financial Institutions Reform, Recovery and
387Enforcement Act of 1989, Pub. L. No. 101-73; or
388     (3)  Multifamily residential rental properties of 10 or
389more units that are deed restricted as affordable housing and
390certified by the local housing agency as having at least 95
391percent of its units providing affordable housing to extremely-
392low-income persons, very-low-income persons, low-income persons,
393and moderate-income persons as defined by s. 420.0004(8), (15),
394(10), and (11).
395     Section 8.  Section 196.1978, Florida Statutes, is amended
396to read:
397     196.1978  Affordable housing property exemption.--
398     (1)  Property used to provide affordable housing serving
399eligible persons as defined by s. 159.603(7) and persons meeting
400income limits specified in s. 420.0004(8), (10)(9), (11)(10),
401and (15)(14), which property is owned entirely by a nonprofit
402entity which is qualified as charitable under s. 501(c)(3) of
403the Internal Revenue Code and which complies with Rev. Proc. 96-
40432, 1996-1 C.B. 717, shall be considered property owned by an
405exempt entity and used for a charitable purpose, and those
406portions of the affordable housing property which provide
407housing to individuals with incomes as defined in s.
408420.0004(10)(9) and (15)(14) shall be exempt from ad valorem
409taxation to the extent authorized in s. 196.196.
410     (2)  For the purposes of this section, ownership entirely
411by a nonprofit entity is classified as ownership by either:
412     (a)  A corporation not for profit; or
413     (b)  A Florida limited partnership the sole general partner
414of which is either a corporation not for profit or a Florida
415limited liability company or corporation the sole member or
416shareholder, respectively, of which is a corporation not for
417profit.
418     (3)  All property owned by a nonprofit entity identified in
419this section shall comply with the criteria for determination of
420exempt status to be applied by property appraisers on an annual
421basis as defined in s. 196.195. In order to qualify for exempt
422status, the nonprofit entity must affirmatively demonstrate to
423the property appraiser that no part of the subject property, or
424the sale, lease, or other disposition of the assets of the
425property, will inure to the benefit of its member, officers,
426limited liability partners, or any person or firm operating for
427profit or for a nonexempt purpose. The Legislature intends that
428any property owned by a limited liability company which is
429disregarded as an entity for federal income tax purposes
430pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
431treated as owned by its sole member.
432     Section 9.  Paragraphs (o) and (q) of subsection (5) of
433section 212.08, Florida Statutes, are amended to read:
434     212.08  Sales, rental, use, consumption, distribution, and
435storage tax; specified exemptions.--The sale at retail, the
436rental, the use, the consumption, the distribution, and the
437storage to be used or consumed in this state of the following
438are hereby specifically exempt from the tax imposed by this
439chapter.
440     (5)  EXEMPTIONS; ACCOUNT OF USE.--
441     (o)  Building materials in redevelopment projects.--
442     1.  As used in this paragraph, the term:
443     a.  "Building materials" means tangible personal property
444that becomes a component part of a housing project or a mixed-
445use project.
446     b.  "Housing project" means the conversion of an existing
447manufacturing or industrial building to housing units in an
448urban high-crime area, enterprise zone, empowerment zone, Front
449Porch Community, designated brownfield area, or urban infill
450area and in which the developer agrees to set aside at least 20
451percent of the housing units in the project for extremely-low-
452income, low-income, and moderate-income persons or the
453construction in a designated brownfield area of affordable
454housing for persons described in s. 420.0004(8)(9), (11)(10), or
455(15)(14), or in s. 159.603(7).
456     c.  "Mixed-use project" means the conversion of an existing
457manufacturing or industrial building to mixed-use units that
458include artists' studios, art and entertainment services, or
459other compatible uses. A mixed-use project must be located in an
460urban high-crime area, enterprise zone, empowerment zone, Front
461Porch Community, designated brownfield area, or urban infill
462area, and the developer must agree to set aside at least 20
463percent of the square footage of the project for low-income and
464moderate-income housing.
465     d.  "Substantially completed" has the same meaning as
466provided in s. 192.042(1).
467     2.  Building materials used in the construction of a
468housing project or mixed-use project are exempt from the tax
469imposed by this chapter upon an affirmative showing to the
470satisfaction of the department that the requirements of this
471paragraph have been met. This exemption inures to the owner
472through a refund of previously paid taxes. To receive this
473refund, the owner must file an application under oath with the
474department which includes:
475     a.  The name and address of the owner.
476     b.  The address and assessment roll parcel number of the
477project for which a refund is sought.
478     c.  A copy of the building permit issued for the project.
479     d.  A certification by the local building code inspector
480that the project is substantially completed.
481     e.  A sworn statement, under penalty of perjury, from the
482general contractor licensed in this state with whom the owner
483contracted to construct the project, which statement lists the
484building materials used in the construction of the project and
485the actual cost thereof, and the amount of sales tax paid on
486these materials. If a general contractor was not used, the owner
487shall provide this information in a sworn statement, under
488penalty of perjury. Copies of invoices evidencing payment of
489sales tax must be attached to the sworn statement.
490     3.  An application for a refund under this paragraph must
491be submitted to the department within 6 months after the date
492the project is deemed to be substantially completed by the local
493building code inspector. Within 30 working days after receipt of
494the application, the department shall determine if it meets the
495requirements of this paragraph. A refund approved pursuant to
496this paragraph shall be made within 30 days after formal
497approval of the application by the department. The provisions of
498s. 212.095 do not apply to any refund application made under
499this paragraph.
500     4.  The department shall establish by rule an application
501form and criteria for establishing eligibility for exemption
502under this paragraph.
503     5.  The exemption shall apply to purchases of materials on
504or after July 1, 2000.
505     (q)  Community contribution tax credit for donations.--
506     1.  Authorization.--Beginning July 1, 2001, Persons who are
507registered with the department under s. 212.18 to collect or
508remit sales or use tax and who make donations to eligible
509sponsors are eligible for tax credits against their state sales
510and use tax liabilities as provided in this paragraph:
511     a.  The credit shall be computed as 50 percent of the
512person's approved annual community contribution.;
513     b.  The credit shall be granted as a refund against state
514sales and use taxes reported on returns and remitted in the 12
515months preceding the date of application to the department for
516the credit as required in sub-subparagraph 3.c. If the annual
517credit is not fully used through such refund because of
518insufficient tax payments during the applicable 12-month period,
519the unused amount may be included in an application for a refund
520made pursuant to sub-subparagraph 3.c. in subsequent years
521against the total tax payments made for such year. Carryover
522credits may be applied for a 3-year period without regard to any
523time limitation that would otherwise apply under s. 215.26.;
524     c.  A person may not receive more than $200,000 in annual
525tax credits for all approved community contributions made in any
526one year.;
527     d.  All proposals for the granting of the tax credit
528require the prior approval of the Office of Tourism, Trade, and
529Economic Development.;
530     e.  The total amount of tax credits which may be granted
531for all programs approved under this paragraph, s. 220.183, and
532s. 624.5105 is $10 $12 million annually for projects that
533provide homeownership opportunities for extremely-low-income
534persons, as defined in s. 420.004(8), or low-income or very-low-
535income persons, as defined in s. 420.9071(19) and (28), and $3
536million annually for all other projects.; and
537     f.  A person who is eligible to receive the credit provided
538for in this paragraph, s. 220.183, or s. 624.5105 may receive
539the credit only under the one section of the person's choice.
540     2.  Eligibility requirements.--
541     a.  A community contribution by a person must be in the
542following form:
543     (I)  Cash or other liquid assets;
544     (II)  Real property;
545     (III)  Goods or inventory; or
546     (IV)  Other physical resources as identified by the Office
547of Tourism, Trade, and Economic Development.
548     b.  All community contributions must be reserved
549exclusively for use in a project. As used in this sub-
550subparagraph, the term "project" means any activity undertaken
551by an eligible sponsor which is designed to construct, improve,
552or substantially rehabilitate housing that is affordable to
553extremely-low-income persons, as defined in s. 420.0004(8), or
554low-income or very-low-income households, as defined in s.
555420.9071(19) and (28); designed to provide commercial,
556industrial, or public resources and facilities; or designed to
557improve entrepreneurial and job-development opportunities for
558low-income persons. A project may be the investment necessary to
559increase access to high-speed broadband capability in rural
560communities with enterprise zones, including projects that
561result in improvements to communications assets that are owned
562by a business. A project may include the provision of museum
563educational programs and materials that are directly related to
564any project approved between January 1, 1996, and December 31,
5651999, and located in an enterprise zone designated pursuant to
566s. 290.0065. This paragraph does not preclude projects that
567propose to construct or rehabilitate housing for extremely-low-
568income, low-income or very-low-income households on scattered
569sites. With respect to housing, contributions may be used to pay
570the following eligible extremely-low-income, low-income and
571very-low-income housing-related activities:
572     (I)  Project development impact and management fees for
573extremely-low-income, low-income, or very-low-income housing
574projects;
575     (II)  Down payment and closing costs for eligible persons,
576as defined in ss. s. 420.9071(19) and (28) and 420.0004(8);
577     (III)  Administrative costs, including housing counseling
578and marketing fees, not to exceed 10 percent of the community
579contribution, directly related to extremely-low-income, low-
580income, or very-low-income projects; and
581     (IV)  Removal of liens recorded against residential
582property by municipal, county, or special district local
583governments when satisfaction of the lien is a necessary
584precedent to the transfer of the property to an eligible person,
585as defined in ss. s. 420.9071(19) and (28) and 420.0004(8), for
586the purpose of promoting home ownership. Contributions for lien
587removal must be received from a nonrelated third party.
588     c.  The project must be undertaken by an "eligible
589sponsor," which includes:
590     (I)  A community action program;
591     (II)  A nonprofit community-based development organization
592whose mission is the provision of housing for extremely-low-
593income, low-income, or very-low-income households or increasing
594entrepreneurial and job-development opportunities for low-income
595persons;
596     (III)  A neighborhood housing services corporation;
597     (IV)  A local housing authority created under chapter 421;
598     (V)  A community redevelopment agency created under s.
599163.356;
600     (VI)  The Florida Industrial Development Corporation;
601     (VII)  A historic preservation district agency or
602organization;
603     (VIII)  A regional workforce board;
604     (IX)  A direct-support organization as provided in s.
6051009.983;
606     (X)  An enterprise zone development agency created under s.
607290.0056;
608     (XI)  A community-based organization incorporated under
609chapter 617 which is recognized as educational, charitable, or
610scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
611and whose bylaws and articles of incorporation include
612affordable housing, economic development, or community
613development as the primary mission of the corporation;
614     (XII)  Units of local government;
615     (XIII)  Units of state government; or
616     (XIV)  Any other agency that the Office of Tourism, Trade,
617and Economic Development designates by rule.
618
619In no event may a contributing person have a financial interest
620in the eligible sponsor.
621     d.  The project must be located in an area designated an
622enterprise zone or a Front Porch Florida Community pursuant to
623s. 20.18(6), unless the project increases access to high-speed
624broadband capability for rural communities with enterprise zones
625but is physically located outside the designated rural zone
626boundaries. Any project designed to construct or rehabilitate
627housing for extremely-low-income households as defined in s.
628420.004(8) or low-income or very-low-income households as
629defined in ss. s. 420.0971(19) and (28) and 420.0004(8) is
630exempt from the area requirement of this sub-subparagraph.
631     e.(I)  For the first 6 months of the fiscal year, the
632Office of Tourism, Trade, and Economic Development shall reserve
63380 percent of the first $10 million in available annual tax
634credits and 70 percent of any available annual tax credits in
635excess of $10 million for donations made to eligible sponsors
636for projects that provide homeownership opportunities for low-
637income or very-low-income households as defined in s.
638420.9071(19) and (28). If any such reserved annual tax credits
639remain after the first 6 months of the fiscal year, the office
640may approve the balance of these available credits for donations
641made to eligible sponsors for projects other than those that
642provide homeownership opportunities for low-income or very-low-
643income households.
644     (II)  For the first 6 months of the fiscal year, the office
645shall reserve 20 percent of the first $10 million in available
646annual tax credits and 30 percent of any available annual tax
647credits in excess of $10 million for donations made to eligible
648sponsors for projects other than those that provide
649homeownership opportunities for low-income or very-low-income
650households as defined in s. 420.9071(19) and (28). If any
651reserved annual tax credits remain after the first 6 months of
652the fiscal year, the office may approve the balance of these
653available credits for donations made to eligible sponsors for
654projects that provide homeownership opportunities for low-income
655or very-low-income households.
656     (III)  If, during the first 10 business days of the state
657fiscal year, eligible tax credit applications for projects that
658provide homeownership opportunities for extremely-low-income
659persons, as defined in s. 420.004(8), or low-income or very-low-
660income persons, as defined in s. 420.9071(19) and (28), are
661received for less than the available annual tax credits
662available for those projects reserved under sub-sub-subparagraph
663(I), the office shall grant tax credits for those applications
664and shall grant remaining tax credits on a first-come, first-
665served basis for any subsequent eligible applications received
666before the end of the first 6 months of the state fiscal year.
667If, during the first 10 business days of the state fiscal year,
668eligible tax credit applications for projects that provide
669homeownership opportunities for extremely-low-income persons, as
670defined in s. 420.004(8), or low-income or very-low-income
671persons, as defined in s. 420.9071(19) and (28), are received
672for more than the available annual tax credits available for
673those projects reserved under sub-sub-subparagraph (I), the
674office shall grant the tax credits for those the applications as
675follows:
676     (A)  If tax credit applications submitted for approved
677projects of an eligible sponsor do not exceed $200,000 in total,
678the credits shall be granted in full if the tax credit
679applications are approved, subject to sub-sub-subparagraph (I).
680     (B)  If tax credit applications submitted for approved
681projects of an eligible sponsor exceed $200,000 in total, the
682amount of tax credits granted pursuant to sub-sub-sub-
683subparagraph (A) shall be subtracted from the amount of
684available tax credits under sub-sub-subparagraph (I), and the
685remaining credits shall be granted to each approved tax credit
686application on a pro rata basis.
687     (C)  If, after the first 6 months of the fiscal year,
688additional credits become available under sub-sub-subparagraph
689(II), the office shall grant the tax credits by first granting
690to those who received a pro rata reduction up to the full amount
691of their request and, if there are remaining credits, granting
692credits to those who applied on or after the 11th business day
693of the state fiscal year on a first-come, first-served basis.
694     (II)(IV)  If, during the first 10 business days of the
695state fiscal year, eligible tax credit applications for projects
696other than those that provide homeownership opportunities for
697extremely-low-income persons, as defined in s. 420.004(8), or
698low-income or very-low-income persons, as defined in s.
699420.9071(19) and (28), are received for less than the available
700annual tax credits available for those projects reserved under
701sub-sub-subparagraph (II), the office shall grant tax credits
702for those applications and shall grant remaining tax credits on
703a first-come, first-served basis for any subsequent eligible
704applications received before the end of the first 6 months of
705the state fiscal year. If, during the first 10 business days of
706the state fiscal year, eligible tax credit applications for
707projects other than those that provide homeownership
708opportunities for extremely-low-income persons, as defined in s.
709420.004(8), or low-income or very-low-income persons, as defined
710in s. 420.9071(19) and (28), are received for more than the
711available annual tax credits available for those projects
712reserved under sub-sub-subparagraph (II), the office shall grant
713the tax credits for those the applications on a pro rata basis.
714If, after the first 6 months of the fiscal year, additional
715credits become available under sub-sub-subparagraph (I), the
716office shall grant the tax credits by first granting to those
717who received a pro rata reduction up to the full amount of their
718request and, if there are remaining credits, granting credits to
719those who applied on or after the 11th business day of the state
720fiscal year on a first-come, first-served basis.
721     3.  Application requirements.--
722     a.  Any eligible sponsor seeking to participate in this
723program must submit a proposal to the Office of Tourism, Trade,
724and Economic Development which sets forth the name of the
725sponsor, a description of the project, and the area in which the
726project is located, together with such supporting information as
727is prescribed by rule. The proposal must also contain a
728resolution from the local governmental unit in which the project
729is located certifying that the project is consistent with local
730plans and regulations.
731     b.  Any person seeking to participate in this program must
732submit an application for tax credit to the office of Tourism,
733Trade, and Economic Development which sets forth the name of the
734sponsor, a description of the project, and the type, value, and
735purpose of the contribution. The sponsor shall verify the terms
736of the application and indicate its receipt of the contribution,
737which verification must be in writing and accompany the
738application for tax credit. The person must submit a separate
739tax credit application to the office for each individual
740contribution that it makes to each individual project.
741     c.  Any person who has received notification from the
742office of Tourism, Trade, and Economic Development that a tax
743credit has been approved must apply to the department to receive
744the refund. Application must be made on the form prescribed for
745claiming refunds of sales and use taxes and be accompanied by a
746copy of the notification. A person may submit only one
747application for refund to the department within any 12-month
748period.
749     4.  Administration.--
750     a.  The Office of Tourism, Trade, and Economic Development
751may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
752to administer this paragraph, including rules for the approval
753or disapproval of proposals by a person.
754     b.  The decision of the office of Tourism, Trade, and
755Economic Development must be in writing, and, if approved, the
756notification shall state the maximum credit allowable to the
757person. Upon approval, the office shall transmit a copy of the
758decision to the Department of Revenue.
759     c.  The office of Tourism, Trade, and Economic Development
760shall periodically monitor all projects in a manner consistent
761with available resources to ensure that resources are used in
762accordance with this paragraph; however, each project must be
763reviewed at least once every 2 years.
764     d.  The office of Tourism, Trade, and Economic Development
765shall, in consultation with the Department of Community Affairs,
766the Florida Housing Finance Corporation, and the statewide and
767regional housing and financial intermediaries, market the
768availability of the community contribution tax credit program to
769community-based organizations.
770     5.  Expiration.--This paragraph expires June 30, 2015;
771however, any accrued credit carryover that is unused on that
772date may be used until the expiration of the 3-year carryover
773period for such credit.
774     Section 10.  Paragraph (c) of subsection (1) and paragraph
775(b) of subsection (2) of section 220.183, Florida Statutes, are
776amended to read:
777     220.183  Community contribution tax credit.--
778     (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
779CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
780SPENDING.--
781     (c)  The total amount of tax credit which may be granted
782for all programs approved under this section, s. 212.08(5)(q),
783and s. 624.5105 is $10 $12 million annually for projects that
784provide homeownership opportunities for extremely-low-income
785persons, as defined in s. 420.004(8), or low-income or very-low-
786income persons, as defined in s. 420.9071(19) and (28), and $3
787million annually for all other projects.
788     (2)  ELIGIBILITY REQUIREMENTS.--
789     (b)1.  All community contributions must be reserved
790exclusively for use in projects as defined in s. 220.03(1)(t).
791     2.  For the first 6 months of the fiscal year, the Office
792of Tourism, Trade, and Economic Development shall reserve 80
793percent of the first $10 million in available annual tax
794credits, and 70 percent of any available annual tax credits in
795excess of $10 million, for donations made to eligible sponsors
796for projects that provide homeownership opportunities for low-
797income or very-low-income households as defined in s.
798420.9071(19) and (28). If any reserved annual tax credits remain
799after the first 6 months of the fiscal year, the office may
800approve the balance of these available credits for donations
801made to eligible sponsors for projects other than those that
802provide homeownership opportunities for low-income or very-low-
803income households.
804     3.  For the first 6 months of the fiscal year, the office
805shall reserve 20 percent of the first $10 million in available
806annual tax credits, and 30 percent of any available annual tax
807credits in excess of $10 million, for donations made to eligible
808sponsors for projects other than those that provide
809homeownership opportunities for low-income or very-low-income
810households as defined in s. 420.9071(19) and (28). If any
811reserved annual tax credits remain after the first 6 months of
812the fiscal year, the office may approve the balance of these
813available credits for donations made to eligible sponsors for
814projects that provide homeownership opportunities for low-income
815or very-low-income households.
816     2.4.  If, during the first 10 business days of the state
817fiscal year, eligible tax credit applications for projects that
818provide homeownership opportunities for extremely-low-income
819persons, as defined in s. 420.004(8), or low-income or very-low-
820income persons, as defined in s. 420.9071(19) and (28), are
821received for less than the available annual tax credits
822available for those projects reserved under subparagraph 2., the
823office shall grant tax credits for those applications and shall
824grant remaining tax credits on a first-come, first-served basis
825for any subsequent eligible applications received before the end
826of the first 6 months of the state fiscal year. If, during the
827first 10 business days of the state fiscal year, eligible tax
828credit applications for projects that provide homeownership
829opportunities for extremely-low-income persons, as defined in s.
830420.004(8), or low-income or very-low-income persons, as defined
831in s. 420.9071(19) and (28), are received for more than the
832available annual tax credits available for those projects
833reserved under subparagraph 2., the office shall grant the tax
834credits for those such applications as follows:
835     a.  If tax credit applications submitted for approved
836projects of an eligible sponsor do not exceed $200,000 in total,
837the credit shall be granted in full if the tax credit
838applications are approved, subject to the provisions of
839subparagraph 2.
840     b.  If tax credit applications submitted for approved
841projects of an eligible sponsor exceed $200,000 in total, the
842amount of tax credits granted under sub-subparagraph a. shall be
843subtracted from the amount of available tax credits under
844subparagraph 2., and the remaining credits shall be granted to
845each approved tax credit application on a pro rata basis.
846     c.  If, after the first 6 months of the fiscal year,
847additional credits become available pursuant to subparagraph 3.,
848the office shall grant the tax credits by first granting to
849those who received a pro rata reduction up to the full amount of
850their request and, if there are remaining credits, granting
851credits to those who applied on or after the 11th business day
852of the state fiscal year on a first-come, first-served basis.
853     3.5.  If, during the first 10 business days of the state
854fiscal year, eligible tax credit applications for projects other
855than those that provide homeownership opportunities for
856extremely-low-income persons, as defined in s. 420.004(8), or
857low-income or very-low-income persons, as defined in s.
858420.9071(19) and (28), are received for less than the available
859annual tax credits available for those projects reserved under
860subparagraph 3., the office shall grant tax credits for those
861applications and shall grant remaining tax credits on a first-
862come, first-served basis for any subsequent eligible
863applications received before the end of the first 6 months of
864the state fiscal year. If, during the first 10 business days of
865the state fiscal year, eligible tax credit applications for
866projects other than those that provide homeownership
867opportunities for extremely-low-income persons, as defined in s.
868420.004(8), or low-income or very-low-income persons, as defined
869in s. 420.9071(19) and (28), are received for more than the
870available annual tax credits available for those projects
871reserved under subparagraph 3., the office shall grant the tax
872credits for those such applications on a pro rata basis. If,
873after the first 6 months of the fiscal year, additional credits
874become available under subparagraph 2., the office shall grant
875the tax credits by first granting to those who received a pro
876rata reduction up to the full amount of their request and, if
877there are remaining credits, granting credits to those who
878applied on or after the 11th business day of the state fiscal
879year on a first-come, first-served basis.
880     Section 11.  Paragraph (f) of subsection (6) of section
881253.034, Florida Statutes, is amended to read:
882     253.034  State-owned lands; uses.--
883     (6)  The Board of Trustees of the Internal Improvement
884Trust Fund shall determine which lands, the title to which is
885vested in the board, may be surplused. For conservation lands,
886the board shall make a determination that the lands are no
887longer needed for conservation purposes and may dispose of them
888by an affirmative vote of at least three members. In the case of
889a land exchange involving the disposition of conservation lands,
890the board must determine by an affirmative vote of at least
891three members that the exchange will result in a net positive
892conservation benefit. For all other lands, the board shall make
893a determination that the lands are no longer needed and may
894dispose of them by an affirmative vote of at least three
895members.
896     (f)1.  In reviewing lands owned by the board, the council
897shall consider whether such lands would be more appropriately
898owned or managed by the county or other unit of local government
899in which the land is located. The council shall recommend to the
900board whether a sale, lease, or other conveyance to a local
901government would be in the best interests of the state and local
902government. The provisions of this paragraph in no way limit the
903provisions of ss. 253.111 and 253.115. Such lands shall be
904offered to the state, county, or local government for a period
905of 30 days. Permittable uses for such surplus lands may include
906public schools; public libraries; fire or law enforcement
907substations; and governmental, judicial, or recreational
908centers; and affordable housing meeting the criteria of s.
909420.0004(3). County or local government requests for surplus
910lands shall be expedited throughout the surplusing process. If
911the county or local government does not elect to purchase such
912lands in accordance with s. 253.111, then any surplusing
913determination involving other governmental agencies shall be
914made upon the board deciding the best public use of the lands.
915Surplus properties in which governmental agencies have expressed
916no interest shall then be available for sale on the private
917market.
918     2.  Notwithstanding subparagraph 1., any surplus lands that
919were acquired by the state prior to 1958 by a gift or other
920conveyance for no consideration from a municipality, and which
921the department has filed by July 1, 2006, a notice of its intent
922to surplus, shall be first offered for reconveyance to such
923municipality at no cost, but for the fair market value of any
924building or other improvements to the land, unless otherwise
925provided in a deed restriction of record. This subparagraph
926expires July 1, 2006.
927     Section 12.  Section 253.0341, Florida Statutes, is amended
928to read:
929     253.0341  Surplus of state-owned lands to counties or local
930governments.--Counties and local governments may submit
931surplusing requests for state-owned lands directly to the board
932of trustees. County or local government requests for the state
933to surplus conservation or nonconservation lands, whether for
934purchase or exchange, shall be expedited throughout the
935surplusing process. Property jointly acquired by the state and
936other entities shall not be surplused without the consent of all
937joint owners.
938     (1)  The decision to surplus state-owned nonconservation
939lands may be made by the board without a review of, or a
940recommendation on, the request from the Acquisition and
941Restoration Council or the Division of State Lands. Such
942requests for nonconservation lands shall be considered by the
943board within 60 days of the board's receipt of the request.
944     (2)  County or local government requests for the surplusing
945of state-owned conservation lands are subject to review of, and
946recommendation on, the request to the board by the Acquisition
947and Restoration Council. Requests to surplus conservation lands
948shall be considered by the board within 120 days of the board's
949receipt of the request.
950     (3)  A local government may request that state lands be
951specifically declared surplus lands for the purpose of providing
952affordable housing. The request shall comply with the
953requirements of subsection (1) if the lands are nonconservation
954lands or subsection (2) if the lands are conservation lands.
955Surplus lands that are conveyed to a local government for
956affordable housing shall be disposed of by the local government
957under the provisions of s. 125.379 or s. 166.0451.
958     Section 13.  Section 295.16, Florida Statutes, is amended
959to read:
960     295.16  Disabled veterans exempt from certain license or
961permit fee.--No totally and permanently disabled veteran who is
962a resident of Florida and honorably discharged from the Armed
963Forces, who has been issued a valid identification card by the
964Department of Veterans' Affairs in accordance with s. 295.17 or
965has been determined by the United States Department of Veterans
966Affairs or its predecessor to have a service-connected 100-
967percent disability rating for compensation, or who has been
968determined to have a service-connected disability rating of 100
969percent and is in receipt of disability retirement pay from any
970branch of the uniformed armed services, shall be required to pay
971any license or permit fee, by whatever name known, to any county
972or municipality in order to make improvements upon a dwelling
973mobile home owned by the veteran which is used as the veteran's
974residence, provided such improvements are limited to ramps,
975widening of doors, and similar improvements for the purpose of
976making the dwelling mobile home habitable for veterans confined
977to wheelchairs.
978     Section 14.  Subsection (13) is added to section 376.30781,
979Florida Statutes, to read:
980     376.30781  Partial tax credits for rehabilitation of
981drycleaning-solvent-contaminated sites and brownfield sites in
982designated brownfield areas; application process; rulemaking
983authority; revocation authority.--
984     (13)  An applicant that provides affordable housing meeting
985the criteria of s. 420.0004(3) shall be considered eligible for
986funding under this section if the applicant can certify that it
987is a corporate affiliate or a subsidiary of a corporate parent,
988that it has an agreement with the party that entered into a
989voluntary cleanup agreement with the Department of Environmental
990Protection for a drycleaning-solvent-contaminated site or a
991brownfield site, or that it has a Brownfield Site Rehabilitation
992Agreement. If the applicant can certify that it qualifies for
993funding through such certification but has been denied tax
994credits for that reason in the previous year, the applicant may
995reapply in the following year one time for the total amount of
996credits that were denied.
997     Section 15.  Paragraphs (b) and (e) of subsection (19) of
998section 380.06, Florida Statutes, are amended, and paragraph (i)
999is added to that subsection, to read:
1000     380.06  Developments of regional impact.--
1001     (19)  SUBSTANTIAL DEVIATIONS.--
1002     (b)  Any proposed change to a previously approved
1003development of regional impact or development order condition
1004which, either individually or cumulatively with other changes,
1005exceeds any of the following criteria shall constitute a
1006substantial deviation and shall cause the development to be
1007subject to further development-of-regional-impact review without
1008the necessity for a finding of same by the local government:
1009     1.  An increase in the number of parking spaces at an
1010attraction or recreational facility by 5 percent or 300 spaces,
1011whichever is greater, or an increase in the number of spectators
1012that may be accommodated at such a facility by 5 percent or
10131,000 spectators, whichever is greater.
1014     2.  A new runway, a new terminal facility, a 25-percent
1015lengthening of an existing runway, or a 25-percent increase in
1016the number of gates of an existing terminal, but only if the
1017increase adds at least three additional gates.
1018     3.  An increase in the number of hospital beds by 5 percent
1019or 60 beds, whichever is greater.
1020     4.  An increase in industrial development area by 5 percent
1021or 32 acres, whichever is greater.
1022     5.  An increase in the average annual acreage mined by 5
1023percent or 10 acres, whichever is greater, or an increase in the
1024average daily water consumption by a mining operation by 5
1025percent or 300,000 gallons, whichever is greater. An increase in
1026the size of the mine by 5 percent or 750 acres, whichever is
1027less. An increase in the size of a heavy mineral mine as defined
1028in s. 378.403(7) will only constitute a substantial deviation if
1029the average annual acreage mined is more than 500 acres and
1030consumes more than 3 million gallons of water per day.
1031     6.  An increase in land area for office development by 5
1032percent or an increase of gross floor area of office development
1033by 5 percent or 60,000 gross square feet, whichever is greater.
1034     7.  An increase in the storage capacity for chemical or
1035petroleum storage facilities by 5 percent, 20,000 barrels, or 7
1036million pounds, whichever is greater.
1037     8.  An increase of development at a waterport of wet
1038storage for 20 watercraft, dry storage for 30 watercraft, or
1039wet/dry storage for 60 watercraft in an area identified in the
1040state marina siting plan as an appropriate site for additional
1041waterport development or a 5-percent increase in watercraft
1042storage capacity, whichever is greater.
1043     9.  An increase in the number of dwelling units by 5
1044percent or 50 dwelling units, whichever is greater.
1045     10.  An increase in the number of dwelling units by 50
1046percent, or 200 units, whichever is greater, provided that 15
1047percent of the proposed additional dwelling units are dedicated
1048to affordable housing, subject to a recorded land use
1049restriction that shall be for a period of not less than 20 years
1050and that includes resale provisions to ensure long-term
1051affordability for income-eligible homeowners and renters and
1052provisions for the workforce housing to be commenced prior to
1053the completion of 50 percent of the market rate dwelling. For
1054purposes of this subparagraph, the term "affordable workforce
1055housing" means housing that is affordable to a person who earns
1056less than 120 percent of the area median income, or less than
1057140 percent of the area median income if located in a county in
1058which the median purchase price for a single-family existing
1059home exceeds the statewide median purchase price of a single-
1060family existing home. For purposes of this subparagraph, the
1061term "statewide median purchase price of a single-family
1062existing home" means the statewide purchase price as determined
1063in the Florida Sales Report, Single-Family Existing Homes,
1064released each January by the Florida Association of Realtors and
1065the University of Florida Real Estate Research Center.
1066     11.10.  An increase in commercial development by 50,000
1067square feet of gross floor area or of parking spaces provided
1068for customers for 300 cars or a 5-percent increase of either of
1069these, whichever is greater.
1070     12.11.  An increase in hotel or motel facility units by 5
1071percent or 75 units, whichever is greater.
1072     13.12.  An increase in a recreational vehicle park area by
10735 percent or 100 vehicle spaces, whichever is less.
1074     14.13.  A decrease in the area set aside for open space of
10755 percent or 20 acres, whichever is less.
1076     15.14.  A proposed increase to an approved multiuse
1077development of regional impact where the sum of the increases of
1078each land use as a percentage of the applicable substantial
1079deviation criteria is equal to or exceeds 100 percent. The
1080percentage of any decrease in the amount of open space shall be
1081treated as an increase for purposes of determining when 100
1082percent has been reached or exceeded.
1083     16.15.  A 15-percent increase in the number of external
1084vehicle trips generated by the development above that which was
1085projected during the original development-of-regional-impact
1086review.
1087     17.16.  Any change which would result in development of any
1088area which was specifically set aside in the application for
1089development approval or in the development order for
1090preservation or special protection of endangered or threatened
1091plants or animals designated as endangered, threatened, or
1092species of special concern and their habitat, primary dunes, or
1093archaeological and historical sites designated as significant by
1094the Division of Historical Resources of the Department of State.
1095The further refinement of such areas by survey shall be
1096considered under sub-subparagraph (e)5.b.
1097
1098The substantial deviation numerical standards in subparagraphs
10994., 6., 10., 11., and 15. 14., excluding residential uses, and
110016. 15., are increased by 100 percent for a project certified
1101under s. 403.973 which creates jobs and meets criteria
1102established by the Office of Tourism, Trade, and Economic
1103Development as to its impact on an area's economy, employment,
1104and prevailing wage and skill levels. The substantial deviation
1105numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
1106and 15. 14. are increased by 50 percent for a project located
1107wholly within an urban infill and redevelopment area designated
1108on the applicable adopted local comprehensive plan future land
1109use map and not located within the coastal high hazard area.
1110     (e)1.  Except for a development order rendered pursuant to
1111subsection (22) or subsection (25), a proposed change to a
1112development order that individually or cumulatively with any
1113previous change is less than any numerical criterion contained
1114in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
1115other criterion, or that involves an extension of the buildout
1116date of a development, or any phase thereof, of less than 5
1117years is not subject to the public hearing requirements of
1118subparagraph (f)3., and is not subject to a determination
1119pursuant to subparagraph (f)5. Notice of the proposed change
1120shall be made to the regional planning council and the state
1121land planning agency. Such notice shall include a description of
1122previous individual changes made to the development, including
1123changes previously approved by the local government, and shall
1124include appropriate amendments to the development order.
1125     2.  The following changes, individually or cumulatively
1126with any previous changes, are not substantial deviations:
1127     a.  Changes in the name of the project, developer, owner,
1128or monitoring official.
1129     b.  Changes to a setback that do not affect noise buffers,
1130environmental protection or mitigation areas, or archaeological
1131or historical resources.
1132     c.  Changes to minimum lot sizes.
1133     d.  Changes in the configuration of internal roads that do
1134not affect external access points.
1135     e.  Changes to the building design or orientation that stay
1136approximately within the approved area designated for such
1137building and parking lot, and which do not affect historical
1138buildings designated as significant by the Division of
1139Historical Resources of the Department of State.
1140     f.  Changes to increase the acreage in the development,
1141provided that no development is proposed on the acreage to be
1142added.
1143     g.  Changes to eliminate an approved land use, provided
1144that there are no additional regional impacts.
1145     h.  Changes required to conform to permits approved by any
1146federal, state, or regional permitting agency, provided that
1147these changes do not create additional regional impacts.
1148     i.  Any renovation or redevelopment of development within a
1149previously approved development of regional impact which does
1150not change land use or increase density or intensity of use.
1151     j.  Any other change which the state land planning agency
1152agrees in writing is similar in nature, impact, or character to
1153the changes enumerated in sub-subparagraphs a.-i. and which does
1154not create the likelihood of any additional regional impact.
1155
1156This subsection does not require a development order amendment
1157for any change listed in sub-subparagraphs a.-j. unless such
1158issue is addressed either in the existing development order or
1159in the application for development approval, but, in the case of
1160the application, only if, and in the manner in which, the
1161application is incorporated in the development order.
1162     3.  Except for the change authorized by sub-subparagraph
11632.f., any addition of land not previously reviewed or any change
1164not specified in paragraph (b) or paragraph (c) shall be
1165presumed to create a substantial deviation. This presumption may
1166be rebutted by clear and convincing evidence.
1167     4.  Any submittal of a proposed change to a previously
1168approved development shall include a description of individual
1169changes previously made to the development, including changes
1170previously approved by the local government. The local
1171government shall consider the previous and current proposed
1172changes in deciding whether such changes cumulatively constitute
1173a substantial deviation requiring further development-of-
1174regional-impact review.
1175     5.  The following changes to an approved development of
1176regional impact shall be presumed to create a substantial
1177deviation. Such presumption may be rebutted by clear and
1178convincing evidence.
1179     a.  A change proposed for 15 percent or more of the acreage
1180to a land use not previously approved in the development order.
1181Changes of less than 15 percent shall be presumed not to create
1182a substantial deviation.
1183     b.  Except for the types of uses listed in subparagraph
1184(b)17. (b)16., any change which would result in the development
1185of any area which was specifically set aside in the application
1186for development approval or in the development order for
1187preservation, buffers, or special protection, including habitat
1188for plant and animal species, archaeological and historical
1189sites, dunes, and other special areas.
1190     c.  Notwithstanding any provision of paragraph (b) to the
1191contrary, a proposed change consisting of simultaneous increases
1192and decreases of at least two of the uses within an authorized
1193multiuse development of regional impact which was originally
1194approved with three or more uses specified in s. 380.0651(3)(c),
1195(d), (f), and (g) and residential use.
1196     (i)  An increase in the number of residential dwelling
1197units shall not constitute a substantial deviation and shall not
1198be subject to development-of-regional-impact review for
1199additional impacts, provided that all the residential dwelling
1200units are dedicated to affordable workforce housing, subject to
1201a recorded land use restriction that shall be for a period of
1202not less than 20 years and that includes resale provisions to
1203ensure long-term affordability for income-eligible homeowners
1204and renters. For purposes of this paragraph, the term
1205"affordable workforce housing" means housing that is affordable
1206to a person who earns less than 120 percent of the area median
1207income, or less than 140 percent of the area median income if
1208located in a county in which the median purchase price for a
1209single-family existing home exceeds the statewide median
1210purchase price of a single-family existing home. For purposes of
1211this paragraph, the term "statewide median purchase price of a
1212single-family existing home" means the statewide purchase price
1213as determined in the Florida Sales Report, Single-Family
1214Existing Homes, released each January by the Florida Association
1215of Realtors and the University of Florida Real Estate Research
1216Center.
1217     Section 16.  Paragraph (k) of subsection (3) of section
1218380.0651, Florida Statutes, is redesignated as paragraph (l),
1219and a new paragraph (k) is added to that subsection to read:
1220     380.0651  Statewide guidelines and standards.--
1221     (3)  The following statewide guidelines and standards shall
1222be applied in the manner described in s. 380.06(2) to determine
1223whether the following developments shall be required to undergo
1224development-of-regional-impact review:
1225     (k)  Workforce housing.--The applicable guidelines for
1226residential development and the residential component for
1227multiuse development shall be increased by 50 percent where the
1228developer demonstrates that at least 15 percent of the total
1229residential dwelling units authorized within the development of
1230regional impact will be dedicated to affordable workforce
1231housing, subject to a recorded land use restriction that shall
1232be for a period of not less than 20 years and that includes
1233resale provisions to ensure long-term affordability for income-
1234eligible homeowners and renters and provisions for the workforce
1235housing to be commenced prior to the completion of 50 percent of
1236the market rate dwelling. For purposes of this paragraph, the
1237term "affordable workforce housing" means housing that is
1238affordable to a person who earns less than 120 percent of the
1239area median income, or less than 140 percent of the area median
1240income if located in a county in which the median purchase price
1241for a single-family existing home exceeds the statewide median
1242purchase price of a single-family existing home. For the
1243purposes of this paragraph, the term "statewide median purchase
1244price of a single-family existing home" means the statewide
1245purchase price as determined in the Florida Sales Report,
1246Single-Family Existing Homes, released each January by the
1247Florida Association of Realtors and the University of Florida
1248Real Estate Research Center.
1249     Section 17.  Section 420.0004, Florida Statutes, is amended
1250to read:
1251     420.0004  Definitions.--As used in this part, unless the
1252context otherwise indicates:
1253     (1)  "Adjusted for family size" means adjusted in a manner
1254which results in an income eligibility level which is lower for
1255households with fewer than four people, or higher for households
1256with more than four people, than the base income eligibility
1257determined as provided in subsection (8), subsection (10) (9),
1258subsection (11) (10), or subsection (15) (14), based upon a
1259formula as established by the United States Department of
1260Housing and Urban Development.
1261     (2)  "Adjusted gross income" means all wages, assets,
1262regular cash or noncash contributions or gifts from persons
1263outside the household, and such other resources and benefits as
1264may be determined to be income by the United States Department
1265of Housing and Urban Development, adjusted for family size, less
1266deductions allowable under s. 62 of the Internal Revenue Code.
1267     (3)  "Affordable" means that monthly rents or monthly
1268mortgage payments including taxes, insurance, and utilities do
1269not exceed 30 percent of that amount which represents the
1270percentage of the median adjusted gross annual income for the
1271households as indicated in subsection (8), subsection (10) (9),
1272subsection (11) (10), or subsection (15) (14).
1273     (4)  "Corporation" means the Florida Housing Finance
1274Corporation.
1275     (5)  "Community-based organization" or "nonprofit
1276organization" means a private corporation organized under
1277chapter 617 to assist in the provision of housing and related
1278services on a not-for-profit basis and which is acceptable to
1279federal and state agencies and financial institutions as a
1280sponsor of low-income housing.
1281     (6)  "Department" means the Department of Community
1282Affairs.
1283     (7)  "Elderly" describes persons 62 years of age or older.
1284     (8)  "Extremely-low-income persons" means one or more
1285natural persons or a family whose total annual household income
1286does not exceed 30 percent of the median annual adjusted gross
1287income for households within the state. The Florida Housing
1288Finance Corporation may adjust this amount annually by rule to
1289provide that in lower income counties, extremely-low-income may
1290exceed 30 percent of area median income and that in higher
1291income counties, extremely-low-income may be less than 30
1292percent of area median income.
1293     (9)(8)  "Local public body" means any county, municipality,
1294or other political subdivision, or any housing authority as
1295provided by chapter 421, which is eligible to sponsor or develop
1296housing for farmworkers and very-low-income and low-income
1297persons within its jurisdiction.
1298     (10)(9)  "Low-income persons" means one or more natural
1299persons or a family, the total annual adjusted gross household
1300income of which does not exceed 80 percent of the median annual
1301adjusted gross income for households within the state, or 80
1302percent of the median annual adjusted gross income for
1303households within the metropolitan statistical area (MSA) or, if
1304not within an MSA, within the county in which the person or
1305family resides, whichever is greater.
1306     (11)(10)  "Moderate-income persons" means one or more
1307natural persons or a family, the total annual adjusted gross
1308household income of which is less than 120 percent of the median
1309annual adjusted gross income for households within the state, or
1310120 percent of the median annual adjusted gross income for
1311households within the metropolitan statistical area (MSA) or, if
1312not within an MSA, within the county in which the person or
1313family resides, whichever is greater.
1314     (12)(11)  "Student" means any person not living with his or
1315her parent or guardian who is eligible to be claimed by his or
1316her parent or guardian as a dependent under the federal income
1317tax code and who is enrolled on at least a half-time basis in a
1318secondary school, career center, community college, college, or
1319university.
1320     (13)(12)  "Substandard" means:
1321     (a)  Any unit lacking complete plumbing or sanitary
1322facilities for the exclusive use of the occupants;
1323     (b)  A unit which is in violation of one or more major
1324sections of an applicable housing code and where such violation
1325poses a serious threat to the health of the occupant; or
1326     (c)  A unit that has been declared unfit for human
1327habitation but that could be rehabilitated for less than 50
1328percent of the property value.
1329     (14)(13)  "Substantial rehabilitation" means repair or
1330restoration of a dwelling unit where the value of such repair or
1331restoration exceeds 40 percent of the value of the dwelling.
1332     (15)(14)  "Very-low-income persons" means one or more
1333natural persons or a family, not including students, the total
1334annual adjusted gross household income of which does not exceed
133550 percent of the median annual adjusted gross income for
1336households within the state, or 50 percent of the median annual
1337adjusted gross income for households within the metropolitan
1338statistical area (MSA) or, if not within an MSA, within the
1339county in which the person or family resides, whichever is
1340greater.
1341     Section 18.  Sections 420.37 and 420.530, Florida Statutes,
1342are repealed.
1343     Section 19.  Subsection (18) of section 420.503, Florida
1344Statutes, is amended to read:
1345     420.503  Definitions.--As used in this part, the term:
1346     (18)(a)  "Farmworker" means a laborer who is employed on a
1347seasonal, temporary, or permanent basis in the planting,
1348cultivating, harvesting, or processing of agricultural or
1349aquacultural products and who derived at least 50 percent of her
1350or his income in the immediately preceding 12 months from such
1351employment.
1352     (b)  "Farmworker" also includes a person who has retired as
1353a laborer due to age, disability, or illness. In order to be
1354considered retired as a farmworker due to age under this part, a
1355person must be 50 years of age or older and must have been
1356employed for a minimum of 5 years as a farmworker before
1357retirement. In order to be considered retired as a farmworker
1358due to disability or illness, a person must:
1359     1.(a)  Establish medically that she or he is unable to be
1360employed as a farmworker due to that disability or illness.
1361     2.(b)  Establish that she or he was previously employed as
1362a farmworker.
1363     (c)  Notwithstanding paragraphs (a) and (b), when
1364corporation-administered funds are used in conjunction with
1365United States Department of Agriculture Rural Development funds,
1366the term "farmworker" may mean a laborer who meets, at a
1367minimum, the definition of "domestic farm laborer" as found in 7
1368C.F.R. s. 3560.11, as amended. The corporation may establish
1369additional criteria by rule.
1370     Section 20.  Section 420.5061, Florida Statutes, is amended
1371to read:
1372     420.5061  Transfer of agency assets and
1373liabilities.--Effective January 1, 1998, all assets and
1374liabilities and rights and obligations, including any
1375outstanding contractual obligations, of the agency shall be
1376transferred to the corporation as legal successor in all
1377respects to the agency. The corporation shall thereupon become
1378obligated to the same extent as the agency under any existing
1379agreements and be entitled to any rights and remedies previously
1380afforded the agency by law or contract, including specifically
1381the rights of the agency under chapter 201 and part VI of
1382chapter 159. The corporation is a state agency for purposes of
1383s. 159.807(4)(a). Effective January 1, 1998, all references
1384under Florida law to the agency are deemed to mean the
1385corporation. The corporation shall transfer to the General
1386Revenue Fund an amount which otherwise would have been deducted
1387as a service charge pursuant to s. 215.20(1) if the Florida
1388Housing Finance Corporation Fund established by s. 420.508(5),
1389the State Apartment Incentive Loan Fund established by s.
1390420.5087(7), the Florida Homeownership Assistance Fund
1391established by s. 420.5088(4)(5), the HOME Investment
1392Partnership Fund established by s. 420.5089(1), and the Housing
1393Predevelopment Loan Fund established by s. 420.525(1) were each
1394trust funds. For purposes of s. 112.313, the corporation is
1395deemed to be a continuation of the agency, and the provisions
1396thereof are deemed to apply as if the same entity remained in
1397place. Any employees of the agency and agency board members
1398covered by s. 112.313(9)(a)6. shall continue to be entitled to
1399the exemption in that subparagraph, notwithstanding being hired
1400by the corporation or appointed as board members of the
1401corporation. Effective January 1, 1998, all state property in
1402use by the agency shall be transferred to and become the
1403property of the corporation.
1404     Section 21.  Subsections (22), (23), and (40) of section
1405420.507, Florida Statutes, are amended, and subsections (44) and
1406(45) are added to that section, to read:
1407     420.507  Powers of the corporation.--The corporation shall
1408have all the powers necessary or convenient to carry out and
1409effectuate the purposes and provisions of this part, including
1410the following powers which are in addition to all other powers
1411granted by other provisions of this part:
1412     (22)  To develop and administer the State Apartment
1413Incentive Loan Program. In developing and administering that
1414program, the corporation may:
1415     (a)  Make first, second, and other subordinated mortgage
1416loans including variable or fixed rate loans subject to
1417contingent interest for all State Apartment Incentive Loans
1418provided for in this chapter based upon available cash flow of
1419the projects. The corporation shall make loans exceeding 25
1420percent of project cost available only to nonprofit
1421organizations and public bodies which are able to secure grants,
1422donations of land, or contributions from other sources and to
1423projects meeting the criteria of subparagraph 1. Mortgage loans
1424shall be made available at the following rates of interest:
1425     1.  Zero to 3 percent interest for sponsors of projects
1426that set aside at least maintain an 80 percent occupancy of
1427their total units for residents qualifying as farmworkers as
1428defined in this part s. 420.503(18), or commercial fishing
1429workers as defined in this part s. 420.503(5), or the homeless
1430as defined in s. 420.621(4) over the life of the loan.
1431     2.  Zero to 3 percent interest based on the pro rata share
1432of units set aside for homeless residents if the total of such
1433units is less than 80 percent of the units in the borrower's
1434project.
1435     3.  One Three to 9 percent interest for sponsors of
1436projects targeted at populations other than farmworkers,
1437commercial fishing workers, and the homeless.
1438     (b)  Make loans exceeding 25 percent of project cost when
1439the project serves extremely-low-income persons.
1440     (c)  Forgive indebtedness for a share of the loan
1441attributable to the units in a project reserved for extremely-
1442low-income persons.
1443     (d)(b)  Geographically and demographically target the
1444utilization of loans.
1445     (e)(c)  Underwrite credit, and reject projects which do not
1446meet the established standards of the corporation.
1447     (f)(d)  Negotiate with governing bodies within the state
1448after a loan has been awarded to obtain local government
1449contributions.
1450     (g)(e)  Inspect any records of a sponsor at any time during
1451the life of the loan or the agreed period for maintaining the
1452provisions of s. 420.5087.
1453     (h)(f)  Establish, by rule, the procedure for evaluating,
1454scoring, and competitively ranking all applications based on the
1455criteria set forth in s. 420.5087(6)(c); determining actual loan
1456amounts; making and servicing loans; and exercising the powers
1457authorized in this subsection.
1458     (i)(g)  Establish a loan loss insurance reserve to be used
1459to protect the outstanding program investment in case of a
1460default, deed in lieu of foreclosure, or foreclosure of a
1461program loan.
1462     (23)  To develop and administer the Florida Homeownership
1463Assistance Program. In developing and administering the program,
1464the corporation may:
1465     (a)1.  Make subordinated loans to eligible borrowers for
1466down payments or closing costs related to the purchase of the
1467borrower's primary residence.
1468     2.  Make permanent loans to eligible borrowers related to
1469the purchase of the borrower's primary residence.
1470     3.  Make subordinated loans to nonprofit sponsors or
1471developers of housing for purchase of property, for
1472construction, or for financing of housing to be offered for sale
1473to eligible borrowers as a primary residence at an affordable
1474price.
1475     (b)  Establish a loan loss insurance reserve to supplement
1476existing sources of mortgage insurance with appropriated funds.
1477     (c)  Geographically and demographically target the
1478utilization of loans.
1479     (d)  Defer repayment of loans for the term of the first
1480mortgage.
1481     (e)  Establish flexible terms for loans with an interest
1482rate not to exceed 3 percent per annum and which are
1483nonamortizing for the term of the first mortgage.
1484     (f)  Require repayment of loans upon sale, transfer,
1485refinancing, or rental of secured property, unless otherwise
1486approved by the corporation.
1487     (g)  Accelerate a loan for monetary default, for failure to
1488provide the benefits of the loans to eligible borrowers, or for
1489violation of any other restriction placed upon the loan.
1490     (h)  Adopt rules for the program and exercise the powers
1491authorized in this subsection.
1492     (40)  To establish subsidiary business entities
1493corporations for the purpose of taking title to and managing and
1494disposing of property acquired by the corporation. Such
1495subsidiary business entities corporations shall be public
1496business entities corporations wholly owned by the corporation;
1497shall be entitled to own, mortgage, and sell property on the
1498same basis as the corporation; and shall be deemed business
1499entities corporations primarily acting as an agent agents of the
1500state, within the meaning of s. 768.28, on the same basis as the
1501corporation. Any subsidiary business entity created by the
1502corporation shall be subject to chapters 119, 120, and 286 to
1503the same extent as the corporation. The subsidiary business
1504entities shall have authority to make rules necessary to conduct
1505business and to carry out the purposes of this subsection.
1506     (44)  To adopt rules for the intervention and negotiation
1507of terms or other actions necessary to further program goals or
1508avoid default of a program loan. Such rules must consider fiscal
1509program goals and the preservation or advancement of affordable
1510housing for the state.
1511     (45)  To establish by rule requirements for periodic
1512reporting of data, including, but not limited to, financial
1513data, housing market data, detailed economic and physical
1514occupancy on multifamily projects, and demographic data on all
1515housing financed through corporation programs and for
1516participation in a housing locator system.
1517     Section 22.  Subsections (1), (3), (5), and (6) of section
1518420.5087, Florida Statutes, are amended to read:
1519     420.5087  State Apartment Incentive Loan Program.--There is
1520hereby created the State Apartment Incentive Loan Program for
1521the purpose of providing first, second, or other subordinated
1522mortgage loans or loan guarantees to sponsors, including for-
1523profit, nonprofit, and public entities, to provide housing
1524affordable to very-low-income persons.
1525     (1)  Program funds shall be distributed over successive 3-
1526year periods in a manner that meets the need and demand for
1527very-low-income housing throughout the state. That need and
1528demand must be determined by using the most recent statewide
1529low-income rental housing market studies available at the
1530beginning of each 3-year period. However, at least 10 percent of
1531the program funds distributed during a 3-year period must be
1532allocated to each of the following categories of counties, as
1533determined by using the population statistics published in the
1534most recent edition of the Florida Statistical Abstract:
1535     (a)  Counties that have a population of 825,000 or more.
1536more than 500,000 people;
1537     (b)  Counties that have a population of more than between
1538100,000 but less than 825,000. and 500,000 people; and
1539     (c)  Counties that have a population of 100,000 or less.
1540
1541Any increase in funding required to reach the 10-percent minimum
1542shall be taken from the county category that has the largest
1543allocation. The corporation shall adopt rules which establish an
1544equitable process for distributing any portion of the 10 percent
1545of program funds allocated to the county categories specified in
1546this subsection which remains unallocated at the end of a 3-year
1547period. Counties that have a population of 100,000 or less shall
1548be given preference under these rules.
1549     (3)  During the first 6 months of loan or loan guarantee
1550availability, program funds shall be reserved for use by
1551sponsors who provide the housing set-aside required in
1552subsection (2) for the tenant groups designated in this
1553subsection. The reservation of funds to each of these groups
1554shall be determined using the most recent statewide very-low-
1555income rental housing market study available at the time of
1556publication of each notice of fund availability required by
1557paragraph (6)(b). The reservation of funds within each notice of
1558fund availability to the tenant groups in paragraphs (a), (b),
1559and (d) may not be less than 10 percent of the funds available
1560at that time. Any increase in funding required to reach the 10-
1561percent minimum shall be taken from the tenant group that has
1562the largest reservation. The reservation of funds within each
1563notice of fund availability to the tenant group in paragraph (c)
1564may not be less than 5 percent of the funds available at that
1565time. The tenant groups are:
1566     (a)  Commercial fishing workers and farmworkers;
1567     (b)  Families;
1568     (c)  Persons who are homeless; and
1569     (d)  Elderly persons. Ten percent of the amount reserved
1570for the elderly shall be reserved to provide loans to sponsors
1571of housing for the elderly for the purpose of making building
1572preservation, health, or sanitation repairs or improvements
1573which are required by federal, state, or local regulation or
1574code, or lifesafety or security-related repairs or improvements
1575to such housing. Such a loan may not exceed $750,000 per housing
1576community for the elderly. In order to receive the loan, the
1577sponsor of the housing community must make a commitment to match
1578at least 5 15 percent of the loan amount to pay the cost of such
1579repair or improvement. The corporation shall establish the rate
1580of interest on the loan, which may not exceed 3 percent, and the
1581term of the loan, which may not exceed 15 years; however, if the
1582lien of the corporation's encumbrance is subordinate to the lien
1583of another mortgagee, then the term may be made coterminous with
1584the longest term of the superior lien. The term of the loan
1585shall be established on the basis of a credit analysis of the
1586applicant. The corporation shall establish, by rule, the
1587procedure and criteria for receiving, evaluating, and
1588competitively ranking all applications for loans under this
1589paragraph. A loan application must include evidence of the first
1590mortgagee's having reviewed and approved the sponsor's intent to
1591apply for a loan. A nonprofit organization or sponsor may not
1592use the proceeds of the loan to pay for administrative costs,
1593routine maintenance, or new construction.
1594     (5)  The amount of the mortgage provided under this program
1595combined with any other mortgage in a superior position shall be
1596less than the value of the project without the housing set-aside
1597required by subsection (2). However, the corporation may waive
1598this requirement for projects in rural areas or urban infill
1599areas which have market rate rents that are less than the
1600allowable rents pursuant to applicable state and federal
1601guidelines, and for projects which reserve units for extremely-
1602low-income persons. In no event shall the mortgage provided
1603under this program combined with any other mortgage in a
1604superior position exceed total project cost.
1605     (6)  On all state apartment incentive loans, except loans
1606made to housing communities for the elderly to provide for
1607lifesafety, building preservation, health, sanitation, or
1608security-related repairs or improvements, the following
1609provisions shall apply:
1610     (a)  The corporation shall establish two interest rates in
1611accordance with s. 420.507(22)(a)1. and 3. 2.
1612     (b)  The corporation shall publish a notice of fund
1613availability in a publication of general circulation throughout
1614the state. Such notice shall be published at least 60 days prior
1615to the application deadline and shall provide notice of the
1616temporary reservations of funds established in subsection (3).
1617     (c)  The corporation shall provide by rule for the
1618establishment of a review committee composed of the department
1619and corporation staff and shall establish by rule a scoring
1620system for evaluation and competitive ranking of applications
1621submitted in this program, including, but not limited to, the
1622following criteria:
1623     1.  Tenant income and demographic targeting objectives of
1624the corporation.
1625     2.  Targeting objectives of the corporation which will
1626ensure an equitable distribution of loans between rural and
1627urban areas.
1628     3.  Sponsor's agreement to reserve the units for persons or
1629families who have incomes below 50 percent of the state or local
1630median income, whichever is higher, for a time period to exceed
1631the minimum required by federal law or the provisions of this
1632part.
1633     4.  Sponsor's agreement to reserve more than:
1634     a.  Twenty percent of the units in the project for persons
1635or families who have incomes that do not exceed 50 percent of
1636the state or local median income, whichever is higher; or
1637     b.  Forty percent of the units in the project for persons
1638or families who have incomes that do not exceed 60 percent of
1639the state or local median income, whichever is higher, without
1640requiring a greater amount of the loans as provided in this
1641section.
1642     5.  Provision for tenant counseling.
1643     6.  Sponsor's agreement to accept rental assistance
1644certificates or vouchers as payment for rent; however, when
1645certificates or vouchers are accepted as payment for rent on
1646units set aside pursuant to subsection (2), the benefit must be
1647divided between the corporation and the sponsor, as provided by
1648corporation rule.
1649     7.  Projects requiring the least amount of a state
1650apartment incentive loan compared to overall project cost except
1651that the share of the loan attributable to units serving
1652extremely-low-income persons shall be excluded from this
1653requirement.
1654     8.  Local government contributions and local government
1655comprehensive planning and activities that promote affordable
1656housing.
1657     9.  Project feasibility.
1658     10.  Economic viability of the project.
1659     11.  Commitment of first mortgage financing.
1660     12.  Sponsor's prior experience.
1661     13.  Sponsor's ability to proceed with construction.
1662     14.  Projects that directly implement or assist welfare-to-
1663work transitioning.
1664     15.  Projects that reserve units for extremely-low-income
1665persons.
1666     (d)  The corporation may reject any and all applications.
1667     (e)  The corporation may approve and reject applications
1668for the purpose of achieving geographic targeting.
1669     (f)  The review committee established by corporation rule
1670pursuant to this subsection shall make recommendations to the
1671board of directors of the corporation regarding program
1672participation under the State Apartment Incentive Loan Program.
1673The corporation board shall make the final ranking and the
1674decisions regarding which applicants shall become program
1675participants based on the scores received in the competitive
1676ranking, further review of applications, and the recommendations
1677of the review committee. The corporation board shall approve or
1678reject applications for loans and shall determine the tentative
1679loan amount available to each applicant selected for
1680participation in the program. The actual loan amount shall be
1681determined pursuant to rule adopted pursuant to s.
1682420.507(22)(h)(f).
1683     (g)  The loan term shall be for a period of not more than
168415 years; however, if both a program loan and federal low-income
1685housing tax credits are to be used to assist a project, the
1686corporation may set the loan term for a period commensurate with
1687the investment requirements associated with the tax credit
1688syndication. The term of the loan may also exceed 15 years;
1689however, if the lien of the corporation's encumbrance is
1690subordinate to the lien of another mortgagee, then the term may
1691be made coterminous with the longest term of the superior lien
1692necessary to conform to requirements of the Federal National
1693Mortgage Association. The corporation may renegotiate and extend
1694the loan in order to extend the availability of housing for the
1695targeted population. The term of a loan may not extend beyond
1696the period for which the sponsor agrees to provide the housing
1697set-aside required by subsection (2).
1698     (h)  The loan shall be subject to sale, transfer, or
1699refinancing. The sale, transfer, or refinancing of the loan
1700shall be consistent with fiscal program goals and the
1701preservation or advancement of affordable housing for the state.
1702However, all requirements and conditions of the loan shall
1703remain following sale, transfer, or refinancing.
1704     (i)  The discrimination provisions of s. 420.516 shall
1705apply to all loans.
1706     (j)  The corporation may require units dedicated for the
1707elderly.
1708     (k)  Rent controls shall not be allowed on any project
1709except as required in conjunction with the issuance of tax-
1710exempt bonds or federal low-income housing tax credits and
1711except when the sponsor has committed to set aside units for
1712extremely-low-income persons, in which case rents shall be
1713restricted at the level applicable for federal low-income tax
1714credits.
1715     (l)  The proceeds of all loans shall be used for new
1716construction or substantial rehabilitation which creates
1717affordable, safe, and sanitary housing units.
1718     (m)  Sponsors shall annually certify the adjusted gross
1719income of all persons or families qualified under subsection (2)
1720at the time of initial occupancy, who are residing in a project
1721funded by this program. All persons or families qualified under
1722subsection (2) may continue to qualify under subsection (2) in a
1723project funded by this program if the adjusted gross income of
1724those persons or families at the time of annual recertification
1725meets the requirements established in s. 142(d)(3)(B) of the
1726Internal Revenue Code of 1986, as amended. If the annual
1727recertification of persons or families qualifying under
1728subsection (2) results in noncompliance with income occupancy
1729requirements, the next available unit must be rented to a person
1730or family qualifying under subsection (2) in order to ensure
1731continuing compliance of the project. The corporation may waive
1732the annual recertification if 100 percent of the units are set
1733aside as affordable.
1734     (n)  Upon submission and approval of a marketing plan which
1735demonstrates a good faith effort of a sponsor to rent a unit or
1736units to persons or families reserved under subsection (3) and
1737qualified under subsection (2), the sponsor may rent such unit
1738or units to any person or family qualified under subsection (2)
1739notwithstanding the reservation.
1740     (o)  Sponsors may participate in federal mortgage insurance
1741programs and must abide by the requirements of those programs.
1742If a conflict occurs between the requirements of federal
1743mortgage insurance programs and the requirements of this
1744section, the requirements of federal mortgage insurance programs
1745shall take precedence.
1746     Section 23.  Section 420.5088, Florida Statutes, is amended
1747to read:
1748     420.5088  Florida Homeownership Assistance Program.--There
1749is created the Florida Homeownership Assistance Program for the
1750purpose of assisting low-income and moderate-income persons in
1751purchasing a home as their primary residence by reducing the
1752cost of the home with below-market construction financing, by
1753reducing the amount of down payment and closing costs paid by
1754the borrower to a maximum of 5 percent of the purchase price, or
1755by reducing the monthly payment to an affordable amount for the
1756purchaser. Loans shall be made available at an interest rate
1757that does not exceed 3 percent. The balance of any loan is due
1758at closing if the property is sold, refinanced, rented, or
1759transferred, unless otherwise approved by the corporation.
1760     (1)  For loans made available pursuant to s.
1761420.507(23)(a)1. or 2.:
1762     (a)  The corporation may underwrite and make those mortgage
1763loans through the program to persons or families who have
1764incomes that do not exceed 120 80 percent of the state or local
1765median income, whichever is greater, adjusted for family size.
1766     (b)  Loans shall be made available for the term of the
1767first mortgage.
1768     (c)  Loans may not exceed are limited to the lesser of 35
176925 percent of the purchase price of the home or the amount
1770necessary to enable the purchaser to meet credit underwriting
1771criteria.
1772     (2)  For loans made pursuant to s. 420.507(23)(a)3.:
1773     (a)  Availability is limited to nonprofit sponsors or
1774developers who are selected for program participation pursuant
1775to this subsection.
1776     (b)  Preference must be given to community development
1777corporations as defined in s. 290.033 and to community-based
1778organizations as defined in s. 420.503.
1779     (c)  Priority must be given to projects that have received
1780state assistance in funding project predevelopment costs.
1781     (d)  The benefits of making such loans shall be
1782contractually provided to the persons or families purchasing
1783homes financed under this subsection.
1784     (e)  At least 30 percent of the units in a project financed
1785pursuant to this subsection must be sold to persons or families
1786who have incomes that do not exceed 80 percent of the state or
1787local median income, whichever amount is greater, adjusted for
1788family size; and at least another 30 percent of the units in a
1789project financed pursuant to this subsection must be sold to
1790persons or families who have incomes that do not exceed 65 50
1791percent of the state or local median income, whichever amount is
1792greater, adjusted for family size.
1793     (f)  The maximum loan amount may not exceed 33 percent of
1794the total project cost.
1795     (g)  A person who purchases a home in a project financed
1796under this subsection is eligible for a loan authorized by s.
1797420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1798construction loan made pursuant to this subsection. The home
1799purchaser must meet all the requirements for loan recipients
1800established pursuant to the applicable loan program.
1801     (h)  The corporation shall provide, by rule, for the
1802establishment of a review committee composed of corporation
1803staff and shall establish, by rule, a scoring system for
1804evaluating and ranking applications submitted for construction
1805loans under this subsection, including, but not limited to, the
1806following criteria:
1807     1.  The affordability of the housing proposed to be built.
1808     2.  The direct benefits of the assistance to the persons
1809who will reside in the proposed housing.
1810     3.  The demonstrated capacity of the applicant to carry out
1811the proposal, including the experience of the development team.
1812     4.  The economic feasibility of the proposal.
1813     5.  The extent to which the applicant demonstrates
1814potential cost savings by combining the benefits of different
1815governmental programs and private initiatives, including the
1816local government contributions and local government
1817comprehensive planning and activities that promote affordable
1818housing.
1819     6.  The use of the least amount of program loan funds
1820compared to overall project cost.
1821     7.  The provision of homeownership counseling.
1822     8.  The applicant's agreement to exceed the requirements of
1823paragraph (e).
1824     9.  The commitment of first mortgage financing for the
1825balance of the construction loan and for the permanent loans to
1826the purchasers of the housing.
1827     10.  The applicant's ability to proceed with construction.
1828     11.  The targeting objectives of the corporation which will
1829ensure an equitable distribution of loans between rural and
1830urban areas.
1831     12.  The extent to which the proposal will further the
1832purposes of this program.
1833     (i)  The corporation may reject any and all applications.
1834     (j)  The review committee established by corporation rule
1835pursuant to this subsection shall make recommendations to the
1836corporation board regarding program participation under this
1837subsection. The corporation board shall make the final ranking
1838for participation based on the scores received in the ranking,
1839further review of the applications, and the recommendations of
1840the review committee. The corporation board shall approve or
1841reject applicants for loans and shall determine the tentative
1842loan amount available to each program participant. The final
1843loan amount shall be determined pursuant to rule adopted under
1844s. 420.507(23)(h).
1845     (3)  The corporation shall publish a notice of fund
1846availability in a publication of general circulation throughout
1847the state at least 60 days prior to the anticipated availability
1848of funds.
1849     (4)  During the first 9 months of fund availability:
1850     (a)  Sixty percent of the program funds shall be reserved
1851for use by borrowers pursuant to s. 420.507(23)(a)1.;
1852     (b)  Twenty percent of the program funds shall be reserved
1853for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1854     (c)  Twenty percent of the program funds shall be reserved
1855for use by borrowers pursuant to s. 420.507(23)(a)3.
1856
1857If the application of these percentages would cause the
1858reservation of program funds under paragraph (a) to be less than
1859$1 million, the reservation for paragraph (a) shall be increased
1860to $1 million or all available funds, whichever amount is less,
1861with the increase to be accomplished by reducing the reservation
1862for paragraph (b) and, if necessary, paragraph (c).
1863     (4)(5)  There is authorized to be established by the
1864corporation with a qualified public depository meeting the
1865requirements of chapter 280 the Florida Homeownership Assistance
1866Fund to be administered by the corporation according to the
1867provisions of this program. Any amounts held in the Florida
1868Homeownership Assistance Trust Fund for such purposes as of
1869January 1, 1998, must be transferred to the corporation for
1870deposit in the Florida Homeownership Assistance Fund, whereupon
1871the Florida Homeownership Assistance Trust Fund must be closed.
1872There shall be deposited in the fund moneys from the State
1873Housing Trust Fund created by s. 420.0005, or moneys received
1874from any other source, for the purpose of this program and all
1875proceeds derived from the use of such moneys. In addition, all
1876unencumbered funds, loan repayments, proceeds from the sale of
1877any property, and any other proceeds that would otherwise accrue
1878pursuant to the activities of the programs described in this
1879section shall be transferred to this fund. In addition, all loan
1880repayments, proceeds from the sale of any property, and any
1881other proceeds that would otherwise accrue pursuant to the
1882activities conducted under the provisions of the Florida
1883Homeownership Assistance Program shall be deposited in the fund
1884and shall not revert to the General Revenue Fund. Expenditures
1885from the Florida Homeownership Assistance Fund shall not be
1886required to be included in the corporation's budget request or
1887be subject to appropriation by the Legislature.
1888     (5)(6)  No more than one-fifth of the funds available in
1889the Florida Homeownership Assistance Fund may be made available
1890to provide loan loss insurance reserve funds to facilitate
1891homeownership for eligible persons.
1892     Section 24.  Subsection (25) of section 420.9071, Florida
1893Statutes, is amended to read:
1894     420.9071  Definitions.--As used in ss. 420.907-420.9079,
1895the term:
1896     (25)  "Recaptured funds" means funds that are recouped by a
1897county or eligible municipality in accordance with the recapture
1898provisions of its local housing assistance plan pursuant to s.
1899420.9075(5)(4)(g) from eligible persons or eligible sponsors who
1900default on the terms of a grant award or loan award.
1901     Section 25.  Subsection (2) of section 420.9072, Florida
1902Statutes, is amended to read:
1903     420.9072  State Housing Initiatives Partnership
1904Program.--The State Housing Initiatives Partnership Program is
1905created for the purpose of providing funds to counties and
1906eligible municipalities as an incentive for the creation of
1907local housing partnerships, to expand production of and preserve
1908affordable housing, to further the housing element of the local
1909government comprehensive plan specific to affordable housing,
1910and to increase housing-related employment.
1911     (2)(a)  To be eligible to receive funds under the program,
1912a county or eligible municipality must:
1913     1.  Submit to the corporation its local housing assistance
1914plan describing the local housing assistance strategies
1915established pursuant to s. 420.9075;
1916     2.  Within 12 months after adopting the local housing
1917assistance plan, amend the plan to incorporate the local housing
1918incentive strategies defined in s. 420.9071(16) and described in
1919s. 420.9076; and
1920     3.  Within 24 months after adopting the amended local
1921housing assistance plan to incorporate the local housing
1922incentive strategies, amend its land development regulations or
1923establish local policies and procedures, as necessary, to
1924implement the local housing incentive strategies adopted by the
1925local governing body. A county or an eligible municipality that
1926has adopted a housing incentive strategy pursuant to s. 420.9076
1927before the effective date of this act shall review the status of
1928implementation of the plan according to its adopted schedule for
1929implementation and report its findings in the annual report
1930required by s. 420.9075(10)(9). If as a result of the review, a
1931county or an eligible municipality determines that the
1932implementation is complete and in accordance with its schedule,
1933no further action is necessary. If a county or an eligible
1934municipality determines that implementation according to its
1935schedule is not complete, it must amend its land development
1936regulations or establish local policies and procedures, as
1937necessary, to implement the housing incentive plan within 12
1938months after the effective date of this act, or if extenuating
1939circumstances prevent implementation within 12 months, pursuant
1940to s. 420.9075(13)(12), enter into an extension agreement with
1941the corporation.
1942     (b)  A county or an eligible municipality seeking approval
1943to receive its share of the local housing distribution must
1944adopt an ordinance containing the following provisions:
1945     1.  Creation of a local housing assistance trust fund as
1946described in s. 420.9075(6)(5).
1947     2.  Adoption by resolution of a local housing assistance
1948plan as defined in s. 420.9071(14) to be implemented through a
1949local housing partnership as defined in s. 420.9071(18).
1950     3.  Designation of the responsibility for the
1951administration of the local housing assistance plan. Such
1952ordinance may also provide for the contracting of all or part of
1953the administrative or other functions of the program to a third
1954person or entity.
1955     4.  Creation of the affordable housing advisory committee
1956as provided in s. 420.9076.
1957
1958The ordinance must not take effect until at least 30 days after
1959the date of formal adoption. Ordinances in effect prior to the
1960effective date of amendments to this section shall be amended as
1961needed to conform to new provisions.
1962     Section 26.  Paragraphs (a) and (c) of present subsection
1963(4) of section 420.9075, Florida Statutes, are amended,
1964subsections (3) through (12) are renumbered as subsections (4)
1965through (13), respectively, and a new subsection (3) is added to
1966that section, to read:
1967     420.9075  Local housing assistance plans; partnerships.--
1968     (3)(a)  Each local housing assistance plan shall include a
1969definition of essential service personnel for the county or
1970eligible municipality, including, but not limited to, teachers
1971and educators, other school district, community college, and
1972university employees, police and fire personnel, health care
1973personnel, skilled building trades personnel, and other job
1974categories.
1975     (b)  Each county and each eligible municipality is
1976encouraged to develop a strategy within its local housing
1977assistance plan that emphasizes the recruitment and retention of
1978essential service personnel. The local government is encouraged
1979to involve public and private sector employers. Compliance with
1980the eligibility criteria established under this strategy shall
1981be verified by the county or eligible municipality.
1982     (c)  Each county and each eligible municipality is
1983encouraged to develop a strategy within its local housing
1984assistance plan that addresses the needs of persons who are
1985deprived of affordable housing due to the closure of a mobile
1986home park or the conversion of affordable rental units to
1987condominiums.
1988     (5)(4)  The following criteria apply to awards made to
1989eligible sponsors or eligible persons for the purpose of
1990providing eligible housing:
1991     (a)  At least 65 percent of the funds made available in
1992each county and eligible municipality from the local housing
1993distribution must be reserved for rehabilitation and
1994construction of home ownership units for eligible extremely-low-
1995income, low-income, or very-low-income persons.
1996     (c)  The sales price or value of new or existing eligible
1997housing may not exceed 90 percent of the average area purchase
1998price in the statistical area in which the eligible housing is
1999located. Such average area purchase price may be that calculated
2000for any 12-month period beginning not earlier than the fourth
2001calendar year prior to the year in which the award occurs or as
2002otherwise established by the United States Department of the
2003Treasury.
2004
2005If both an award under the local housing assistance plan and
2006federal low-income housing tax credits are used to assist a
2007project and there is a conflict between the criteria prescribed
2008in this subsection and the requirements of s. 42 of the Internal
2009Revenue Code of 1986, as amended, the county or eligible
2010municipality may resolve the conflict by giving precedence to
2011the requirements of s. 42 of the Internal Revenue Code of 1986,
2012as amended, in lieu of following the criteria prescribed in this
2013subsection with the exception of paragraphs (a) and (d) of this
2014subsection.
2015     Section 27.  Subsection (6) of section 420.9076, Florida
2016Statutes, is amended to read:
2017     420.9076  Adoption of affordable housing incentive
2018strategies; committees.--
2019     (6)  Within 90 days after the date of receipt of the local
2020housing incentive strategies recommendations from the advisory
2021committee, the governing body of the appointing local government
2022shall adopt an amendment to its local housing assistance plan to
2023incorporate the local housing incentive strategies it will
2024implement within its jurisdiction. The amendment must include,
2025at a minimum, the local housing incentive strategies specified
2026as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
2027     Section 28.  Subsection (2) of section 420.9079, Florida
2028Statutes, is amended to read:
2029     420.9079  Local Government Housing Trust Fund.--
2030     (2)  The corporation shall administer the fund exclusively
2031for the purpose of implementing the programs described in ss.
2032420.907-420.9078 and this section. With the exception of
2033monitoring the activities of counties and eligible
2034municipalities to determine local compliance with program
2035requirements, the corporation shall not receive appropriations
2036from the fund for administrative or personnel costs. For the
2037purpose of implementing the compliance monitoring provisions of
2038s. 420.9075(9)(8), the corporation may request a maximum of one-
2039quarter of 1 percent of the annual appropriation $200,000 per
2040state fiscal year. When such funding is appropriated, the
2041corporation shall deduct the amount appropriated prior to
2042calculating the local housing distribution pursuant to ss.
2043420.9072 and 420.9073.
2044     Section 29.  Paragraph (c) of subsection (1) and paragraph
2045(e) of subsection (2) of section 624.5105, Florida Statutes, are
2046amended to read:
2047     624.5105  Community contribution tax credit; authorization;
2048limitations; eligibility and application requirements;
2049administration; definitions; expiration.--
2050     (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
2051     (c)  The total amount of tax credit which may be granted
2052for all programs approved under this section and ss.
2053212.08(5)(q) and 220.183 is $10 $12 million annually for
2054projects that provide homeownership opportunities for extremely-
2055low-income persons, as defined in s. 420.0004(8), or low-income
2056or very-low-income persons, as defined in s. 420.9071(19) and
2057(28), and $3 million annually for all other projects.
2058     (2)  ELIGIBILITY REQUIREMENTS.--
2059     (e)1.  For the first 6 months of the fiscal year, the
2060Office of Tourism, Trade, and Economic Development shall reserve
206180 percent of the first $10 million in available annual tax
2062credits, and 70 percent of any available annual tax credits in
2063excess of $10 million, for donations made to eligible sponsors
2064for projects that provide homeownership opportunities for low-
2065income or very-low-income households as defined in s.
2066420.9071(19) and (28). If any such reserved annual tax credits
2067remain after the first 6 months of the fiscal year, the office
2068may approve the balance of these available credits for donations
2069made to eligible sponsors for projects other than those that
2070provide homeownership opportunities for low-income or very-low-
2071income households.
2072     2.  For the first 6 months of the fiscal year, the office
2073shall reserve 20 percent of the first $10 million in available
2074annual tax credits, and 30 percent of any available annual tax
2075credits in excess of $10 million, for donations made to eligible
2076sponsors for projects other than those that provide
2077homeownership opportunities for low-income or very-low-income
2078households as defined in s. 420.9071(19) and (28). If any
2079reserved annual tax credits remain after the first 6 months of
2080the fiscal year, the office may approve the balance of these
2081available credits for donations made to eligible sponsors for
2082projects that provide homeownership opportunities for low-income
2083or very-low-income households.
2084     3.  If, during the first 10 business days of the state
2085fiscal year, eligible tax credit applications for projects that
2086provide homeownership opportunities for extremely-low-income
2087persons, as defined in s. 420.0004(8), or low-income or very-
2088low-income persons, as defined in s. 420.9071(19) and (28), are
2089received for less than the available annual tax credits
2090available for those projects reserved under subparagraph 1., the
2091office shall grant tax credits for those applications and shall
2092grant remaining tax credits on a first-come, first-served basis
2093for any subsequent eligible applications received before the end
2094of the first 6 months of the state fiscal year. If, during the
2095first 10 business days of the state fiscal year, eligible tax
2096credit applications for projects that provide homeownership
2097opportunities for extremely-low-income persons, as defined in s.
2098420.0004(8), or low-income or very-low-income persons, as
2099defined in s. 420.9071(19) and (28), are received for more than
2100the available annual tax credits available for those projects
2101reserved under subparagraph 1., the office shall grant the tax
2102credits for those the applications as follows:
2103     a.  If tax credit applications submitted for approved
2104projects of an eligible sponsor do not exceed $200,000 in total,
2105the credits shall be granted in full if the tax credit
2106applications are approved, subject to subparagraph 1.
2107     b.  If tax credit applications submitted for approved
2108projects of an eligible sponsor exceed $200,000 in total, the
2109amount of tax credits granted under sub-subparagraph a. shall be
2110subtracted from the amount of available tax credits under
2111subparagraph 1., and the remaining credits shall be granted to
2112each approved tax credit application on a pro rata basis.
2113     c.  If, after the first 6 months of the fiscal year,
2114additional credits become available under subparagraph 2., the
2115office shall grant the tax credits by first granting to those
2116who received a pro rata reduction up to the full amount of their
2117request and, if there are remaining credits, granting credits to
2118those who applied on or after the 11th business day of the state
2119fiscal year on a first-come, first-served basis.
2120     2.4.  If, during the first 10 business days of the state
2121fiscal year, eligible tax credit applications for projects other
2122than those that provide homeownership opportunities for
2123extremely-low-income persons, as defined in s. 420.0004(8), or
2124low-income or very-low-income persons, as defined in s.
2125420.9071(19) and (28,) are received for less than the available
2126annual tax credits available for those projects reserved under
2127subparagraph 2., the office shall grant tax credits for those
2128applications and shall grant remaining tax credits on a first-
2129come, first-served basis for any subsequent eligible
2130applications received before the end of the first 6 months of
2131the state fiscal year. If, during the first 10 business days of
2132the state fiscal year, eligible tax credit applications for
2133projects other than those that provide homeownership
2134opportunities for extremely-low-income persons, as defined in s.
2135420.0004(8), or low-income or very-low-income persons, as
2136defined in s. 420.9071(19) and (28), are received for more than
2137the available annual tax credits available for those projects
2138reserved under subparagraph 2., the office shall grant the tax
2139credits for those the applications on a pro rata basis. If,
2140after the first 6 months of the fiscal year, additional credits
2141become available under subparagraph 1., the office shall grant
2142the tax credits by first granting to those who received a pro
2143rata reduction up to the full amount of their request and, if
2144there are remaining credits, granting credits to those who
2145applied on or after the 11th business day of the state fiscal
2146year on a first-come, first-served basis.
2147     Section 30.  Subsection (12) of section 1001.43, Florida
2148Statutes, is renumbered as subsection (13), and a new subsection
2149(12) is added to that section to read:
2150     1001.43  Supplemental powers and duties of district school
2151board.--The district school board may exercise the following
2152supplemental powers and duties as authorized by this code or
2153State Board of Education rule.
2154     (12)  AFFORDABLE HOUSING.--The district school board may
2155provide affordable housing for teachers and other instructional
2156personnel independently or in conjunction with other agencies as
2157described in subsection (5).
2158     Section 31.  Paragraph (c) is added to subsection (5) of
2159section 1013.64, Florida Statutes, to read:
2160     1013.64  Funds for comprehensive educational plant needs;
2161construction cost maximums for school district capital
2162projects.--Allocations from the Public Education Capital Outlay
2163and Debt Service Trust Fund to the various boards for capital
2164outlay projects shall be determined as follows:
2165     (5)  District school boards shall identify each fund source
2166and the use of each proportionate to the project cost, as
2167identified in the bid document, to assure compliance with this
2168section. The data shall be submitted to the department, which
2169shall track this information as submitted by the boards. PECO
2170funds shall not be expended as indicated in the following:
2171     (c)  PECO funds shall not be used for the construction of
2172affordable housing. School districts may use local and other
2173funds to fund such projects.
2174     Section 32.  Community Workforce Housing Innovation Pilot
2175Program.--
2176     (1)  The Legislature finds and declares that recent rapid
2177increases in the median purchase price of a home and the cost of
2178rental housing have far outstripped the increases in median
2179income in the state, preventing essential services personnel
2180from living in the communities where they serve and thereby
2181creating the need for innovative solutions for the provision of
2182housing opportunities for essential services personnel.
2183     (2)  The Community Workforce Housing Innovation Pilot
2184Program is created to provide affordable rental and home
2185ownership community workforce housing for essential services
2186personnel affected by the high cost of housing, using regulatory
2187incentives and state and local funds to promote local public-
2188private partnerships and leverage government and private
2189resources.
2190     (3)  For purposes of this section, the following
2191definitions apply:
2192     (a)  "Workforce housing" means housing affordable to
2193natural persons or families whose total annual household income
2194does not exceed 140 percent of the area median income, adjusted
2195for household size, or 150 percent of area median income,
2196adjusted for household size, in areas of critical state concern
2197designated under s. 380.05, Florida Statutes, for which the
2198Legislature has declared its intent to provide affordable
2199housing, and areas that were designated as areas of critical
2200state concern for at least 20 consecutive years prior to removal
2201of the designation.
2202     (b)  "Essential services personnel" means persons in need
2203of affordable housing who are employed in occupations or
2204professions in which they are considered essential services
2205personnel, as defined by each county and eligible municipality
2206within its respective local housing assistance plan pursuant to
2207s. 420.9075(3)(a), Florida Statutes.
2208     (c)  "Public-private partnership" means any form of
2209business entity that includes substantial involvement of at
2210least one county, one municipality, or one public sector entity,
2211such as a school district or other unit of local government in
2212which the project is to be located, and at least one private
2213sector for-profit or not-for-profit business or charitable
2214entity.
2215     (4)  The Florida Housing Finance Corporation is authorized
2216to provide Community Workforce Housing Innovation Pilot Program
2217loans to an applicant for construction or rehabilitation of
2218workforce housing in eligible areas. The corporation shall
2219establish a funding process and selection criteria by rule or
2220request for proposals. This funding is intended to be used with
2221other public and private sector resources.
2222     (5)  The corporation shall provide incentives for local
2223governments in eligible areas to use local affordable housing
2224funds, such as those from the State Housing Initiatives
2225Partnership Program, to assist in meeting the affordable housing
2226needs of persons eligible under this program.
2227     (6)  Funding shall be prioritized for projects in counties
2228where the disparity between the area median income and the
2229median sales price for a single-family home is greatest, and for
2230projects in areas where population growth as a percentage rate
2231of increase is greatest. The corporation may also fund projects
2232in counties where innovative regulatory and financial incentives
2233are made available.
2234     (7)  Projects shall receive priority consideration for
2235funding where:
2236     (a)  The local jurisdiction establishes appropriate
2237regulatory incentives, local contributions or financial
2238strategies, or other funding sources to promote the development
2239and ongoing financial viability of such projects. Local
2240incentives include such actions as expediting review of
2241development orders and permits, supporting development near
2242transportation hubs and major employment centers, and adopting
2243land development regulations designed to allow flexibility in
2244densities, use of accessory units, mixed-use developments, and
2245flexible lot configurations. Financial strategies include such
2246actions as promoting employer-assisted housing programs,
2247providing tax increment financing, and providing land.
2248     (b)  Projects are innovative and include new construction
2249or rehabilitation, mixed-income housing, or commercial and
2250housing mixed-use elements and those that promote homeownership.
2251The program funding shall not exceed the costs attributable to
2252the portion of the project that is set aside to provide housing
2253for the targeted population.
2254     (c)  Projects that set aside at least 80 percent of units
2255for workforce housing and at least 50 percent for essential
2256services personnel and for projects that require the least
2257amount of program funding compared to the overall housing costs
2258for the project.
2259     (8)  Notwithstanding the provisions of s. 163.3184(3)-(6),
2260Florida Statutes, any local government comprehensive plan
2261amendment to implement a Community Workforce Housing Innovation
2262Pilot Program project found consistent with the provisions of
2263this section shall be expedited as provided in this subsection.
2264At least 30 days prior to adopting a plan amendment pursuant to
2265this paragraph, the local government shall notify the state land
2266planning agency of its intent to adopt such an amendment, and
2267the notice shall include its evaluation related to site
2268suitability and availability of facilities and services. The
2269public notice of the hearing required by s. 163.3184(15)(e),
2270Florida Statutes, shall include a statement that the local
2271government intends to utilize the expedited adoption process
2272authorized by this subsection. Such amendments shall require
2273only a single public hearing before the governing board, which
2274shall be an adoption hearing as described in s. 163.3184(7),
2275Florida Statutes, and the state land planning agency shall issue
2276its notice of intent pursuant to s. 163.3184(8), Florida
2277Statutes, within 30 days after determining that the amendment
2278package is complete.
2279     (9)  The corporation shall award loans with interest rates
2280set at 1 to 3 percent, which may be made forgivable when long-
2281term affordability is provided and when at least 80 percent of
2282the units are set aside for workforce housing and at least 50
2283percent of the units are set aside for essential services
2284personnel.
2285     (10)  All eligible applications shall:
2286     (a)  For home ownership, limit the sales price of a
2287detached unit, townhome, or condominium unit to not more than 80
2288percent of the median sales price for that type of unit in that
2289county, or the statewide median sales price for that type of
2290unit, whichever is higher, and require that all eligible
2291purchasers of home ownership units occupy the homes as their
2292primary residence.
2293     (b)  For rental units, restrict rents for all workforce
2294housing serving those with incomes at or below 120 percent of
2295area median income at the appropriate income level using the
2296restricted rents for the federal low-income housing tax credit
2297program and, for workforce housing units serving those with
2298incomes above 120 percent of area median income, restrict rents
2299to those established by the corporation, not to exceed 30
2300percent of the maximum household income adjusted to unit size.
2301     (c)  Demonstrate that the applicant is a public-private
2302partnership.
2303     (d)  Have grants, donations of land, or contributions from
2304the public-private partnership or other sources collectively
2305totaling at least 15 percent of the total development cost. Such
2306grants, donations of land, or contributions must be evidenced by
2307a letter of commitment only at the time of application.
2308     (e)  Demonstrate how the applicant will use the regulatory
2309incentives and financial strategies outlined in paragraph (7)(a)
2310from the local jurisdiction in which the proposed project is to
2311be located. The corporation may consult with the department in
2312evaluating the use of regulatory incentives by applicants.
2313     (f)  Demonstrate that the applicant possesses title to or
2314site control of land and evidences availability of required
2315infrastructure.
2316     (g)  Demonstrate the applicant's affordable housing
2317development and management experience.
2318     (h)  Provide any research or facts available supporting the
2319demand and need for rental or home ownership workforce housing
2320for eligible persons in the market in which the project is
2321proposed.
2322     (11)  Projects may include manufactured housing constructed
2323after June 1994 and installed in accordance with mobile home
2324installation standards of the Department of Highway Safety and
2325Motor Vehicles.
2326     (12)  The corporation may adopt rules pursuant to ss.
2327120.536(1) and 120.54, Florida Statutes, to implement the
2328provisions of this section.
2329     (13)  The corporation may use a maximum of 2 percent of the
2330annual appropriation for administration and compliance
2331monitoring.
2332     (14)  The corporation shall review the success of the
2333Community Workforce Housing Innovation Pilot Program to
2334ascertain whether the projects financed by the program are
2335useful in meeting the housing needs of eligible areas. The
2336corporation shall submit its report and any recommendations
2337regarding the program to the Governor, the Speaker of the House
2338of Representatives, and the President of the Senate not later
2339than 2 months after the end of the corporation's fiscal year.
2340     Section 33.  Affordable housing land donation density bonus
2341incentives.--
2342     (1)  A local government may provide density bonus
2343incentives pursuant to the provisions of this section to any
2344landowner who voluntarily donates fee simple interest in real
2345property to the local government for the purpose of assisting
2346the local government in providing affordable housing. Donated
2347real property must be determined by the local government to be
2348appropriate for use as affordable housing and must be subject to
2349deed restrictions to ensure that the property will be used for
2350affordable housing.
2351     (2)  For purposes of this section, the terms "affordable,"
2352"extremely-low-income persons," "low-income persons," "moderate-
2353income persons," and "very-low-income persons," have the same
2354meaning as in s. 420.0004, Florida Statutes.
2355     (3)  The density bonus may be applied to any land within
2356the local government's jurisdiction provided that residential
2357use is an allowable use on the receiving land.
2358     (4)  The density bonus, identification of receiving land
2359for the bonus, and any other conditions associated with the
2360donation of the land for affordable housing are the subject of
2361review and approval by the local government. The award of
2362density bonus pursuant to this section, the legal description of
2363the land receiving the bonus, and any other conditions
2364associated with the bonus shall be memorialized in a development
2365agreement or other binding agreement and recorded with the clerk
2366of court in the county where the donated land and receiving land
2367are located.
2368     (5)  The local government, as part of the approval process,
2369shall adopt a comprehensive plan amendment, pursuant to part II
2370of chapter 163, Florida Statutes, for the receiving land that
2371incorporates the density bonus. Such amendment shall be adopted
2372in the manner as required for small-scale amendments pursuant to
2373s. 163.3187, Florida Statutes, is not subject to the
2374requirements of s. 163.3184(3)-(6), Florida Statutes, and is
2375exempt from the limitation on the frequency of plan amendments
2376as provided in s. 163.3187, Florida Statutes.
2377     (6)  The deed restrictions required pursuant to subsection
2378(1) for an affordable housing unit must also prohibit the unit
2379from being sold at a price that exceeds the threshold for
2380housing that is affordable for low-income or moderate-income
2381persons or to a buyer who is not eligible due to his or her
2382income under chapter 420, Florida Statutes. The deed restriction
2383may allow affordable housing units created under subsection (1)
2384to be rented to extremely-low-income, very-low-income, low-
2385income, or moderate-income persons.
2386     (7)  The local government may transfer all or a portion of
2387the donated land to a nonprofit housing organization, such as a
2388community land trust, housing authority, or community
2389redevelopment agency, to be used for the production and
2390preservation of permanently affordable housing.
2391     Section 34.  The Department of Community Affairs shall
2392establish the Home Retrofit Hardening Program. The program is a
2393competitive grant program to fund improvements to homes
2394constructed before the implementation of the current Florida
2395Building Code when the improvements will directly affect the
2396home's ability to withstand hurricane force winds and improve
2397the home's rating for home insurance. Site-built and mobile
2398homes are eligible for funding under this program. However,
2399priority shall be given to low-income homeowners, as defined in
2400s. 420.0004(10), Florida Statutes, who live in wind-borne debris
2401regions as defined in the Florida Building Code.
2402     (1)  The program shall be administered by local
2403governments, regional planning councils, or private nonprofit
2404agencies under the overall direction of the department. When
2405awarding program funds, the department shall be guided by:
2406     (a)  The number of homes in need of improvement.
2407     (b)  The number of homes located within the wind-borne
2408debris region.
2409     (c)  The number of persons who will benefit from the
2410improvements.
2411     (d)  The number of extremely-low-income, very-low-income,
2412and low-income households that will benefit from the
2413improvements.
2414     (e)  The costs per home to provide improvements.
2415     (2)  Funds may be used for the following improvements
2416installed in compliance with Blueprint for Safety standards:
2417     (a)  Roof deck attachments.
2418     (b)  Secondary water barriers.
2419     (c)  Roof coverings.
2420     (d)  Brace gable ends.
2421     (e)  Reinforcement of roof-to-wall connections.
2422     (f)  Opening protection.
2423     (g)  Exterior doors.
2424     (3)  Each project grant for an individual home retrofit may
2425not exceed $10,000.
2426     (4)  Administrative costs shall be kept to a minimum.
2427     (5)  Grantees are encouraged to leverage grant funds
2428available under this program with other available funds.
2429Matching funds for a project is not a requirement. However,
2430matching funds from other available sources may be considered by
2431the department in the competitive-review process.
2432     (6)  The sum of $50 million is appropriated from the United
2433States Contributions Trust Fund to the Department of Community
2434Affairs in fixed capital outlay for the Home Retrofit Hardening
2435Program. No more than 5 percent of the funds provided under this
2436section may be used by the department for administration of this
2437funding.
2438     Section 35.  The Department of Community Affairs shall
2439establish the Disaster Recovery Assistance Program which shall
2440be a grant program to fund repairs and rehabilitation to homes
2441in communities severely impacted by the 2004 and 2005
2442hurricanes. These funds shall be leveraged with other program
2443funds targeted to the most vulnerable citizens of the state. The
2444sum of $2 million is appropriated in fixed capital outlay from
2445the State Housing Trust Fund in the Department of Community
2446Affairs for the Disaster Recovery Assistance Program. For the
2447purposes of implementing this section, the Florida Housing
2448Finance Corporation is provided nonoperating budget authority to
2449transfer $2 million from the State Housing Trust Fund to the
2450Department of Community Affairs.
2451     Section 36.  The Florida Housing Finance Corporation is
2452authorized to provide funds to eligible entities for affordable
2453housing recovery in those areas of the state which sustained
2454housing damage due to hurricanes during 2004 and 2005. The
2455Florida Housing Finance Corporation shall utilize data provided
2456by the Federal Emergency Management Agency to assist in its
2457allocation of funds to local jurisdictions. To administer these
2458programs, the Florida Housing Finance Corporation shall be
2459guided by the "Hurricane Housing Work Group Recommendations to
2460Assist in Florida's Long Term Housing Recovery Efforts" report
2461dated February 16, 2005, and may adopt emergency rules pursuant
2462to s. 120.54, Florida Statutes. The Legislature finds that
2463emergency rules adopted pursuant to this section meet the
2464health, safety, and welfare requirement of s. 120.54(4), Florida
2465Statutes. The Legislature finds that such emergency rulemaking
2466power is necessary for the preservation of the rights and
2467welfare of the people in order to provide additional funds to
2468assist those areas of the state that sustained housing damage
2469due to hurricanes during 2004 and 2005. Therefore, in adopting
2470such emergency rules, the corporation need not make the findings
2471required by s. 120.54(4)(a), Florida Statutes. Emergency rules
2472adopted under this section are exempt from s. 120.54(4)(c),
2473Florida Statutes. The sum of $15 million is appropriated from
2474the Local Government Housing Trust Fund to the Florida Housing
2475Finance Corporation for the Hurricane Housing Recovery Program.
2476There is appropriated from the State Housing Trust Fund to the
2477Florida Housing Finance Corporation the sum of $25 million for
2478the Farmworker Housing Recovery Program and the Special Housing
2479Assistance and Development Program, the sum of $400,000 for
2480technical and training assistance, and the sum of $176.6 million
2481for the Rental Recovery Loan Program.
2482     Section 37.  The sum of $82,904,000 is appropriated from
2483the Florida Small Cities Community Development Block Grant
2484Program Fund to the Department of Community Affairs. These funds
2485shall be used consistent with the Federal Register, Vol. 71, No.
248629, February 13, 2006, Docket No. FR-5051-N-01, and the Action
2487Plan for Disaster Recovery approved by the United States
2488Department of Housing and Urban Development to meet the needs of
2489communities impacted by Hurricanes Wilma and Katrina, with a
2490prioritization toward affordable housing in the most impacted
2491areas of the state.
2492     Section 38.  The sum of $50 million is appropriated from
2493the Local Government Housing Trust Fund to the Florida Housing
2494Finance Corporation for fiscal year 2006-2007 to implement the
2495Community Workforce Housing Innovation Pilot Program.
2496     Section 39.  The sum of $33 million is appropriated from
2497the Local Government Housing Trust Fund to the Florida Housing
2498Finance Corporation for fiscal year 2006-2007 to assist in the
2499production of housing units for extremely-low-income persons as
2500defined in s. 420.0004(8), Florida Statutes.
2501     Section 40.  Except as otherwise expressly provided in this
2502act, this act shall take effect July 1, 2006.


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