| 1 | The State Infrastructure Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to affordable housing; creating s. |
| 7 | 125.379, F.S.; providing for disposition of county |
| 8 | property for affordable housing; amending s. 163.31771, |
| 9 | F.S., relating to accessory dwelling units; revising |
| 10 | legislative findings and definitions; conforming cross- |
| 11 | references; amending s. 163.3187, F.S.; revising a |
| 12 | limitation relating to small scale comprehensive plan |
| 13 | amendments involving the construction of affordable |
| 14 | housing units; creating s. 166.0451, F.S.; providing for |
| 15 | disposition of municipal property for affordable housing; |
| 16 | amending s. 189.4155, F.S.; authorizing independent |
| 17 | special districts to provide for housing and housing |
| 18 | assistance; amending s. 191.006, F.S.; authorizing |
| 19 | independent special fire control districts to provide |
| 20 | employee housing and housing assistance; creating s. |
| 21 | 193.018, F.S.; creating the Manny Diaz Affordable Housing |
| 22 | Property Tax Relief Initiative; providing criteria for |
| 23 | assessing just valuation of affordable housing properties |
| 24 | serving persons of low, moderate, very-low, and extremely- |
| 25 | low incomes; amending s. 196.1978, F.S.; specifying what |
| 26 | constitutes a nonprofit entity for purposes of affordable |
| 27 | housing property tax exemption; conforming cross- |
| 28 | references; amending ss. 212.08, 220.183, and 624.5105, |
| 29 | F.S.; increasing the amount of available tax credits |
| 30 | against the sales tax, corporate income tax, and insurance |
| 31 | premium tax, respectively, for projects under the |
| 32 | community contribution tax credit program and providing |
| 33 | separate annual limitations for certain projects; revising |
| 34 | requirements and procedures for the Office of Tourism, |
| 35 | Trade, and Economic Development in granting tax credits |
| 36 | under the program; including extremely-low-income persons |
| 37 | as eligible recipients of assistance; conforming cross- |
| 38 | references; amending s. 253.034, F.S.; providing for the |
| 39 | disposition of state lands for affordable housing; |
| 40 | amending s. 253.0341, F.S.; authorizing local governments |
| 41 | to request state lands be declared surplus for the purpose |
| 42 | of affordable housing; providing for use of lands that are |
| 43 | declared surplus; amending s. 295.16, F.S.; expanding the |
| 44 | disabled veteran exemption from certain license and permit |
| 45 | fees relating to dwelling improvements; amending s. |
| 46 | 376.30781, F.S; providing tax credits for eligible |
| 47 | applicants; amending s. 380.06, F.S.; providing a greater |
| 48 | substantial deviation threshold for the provision of |
| 49 | affordable housing in a development of regional impact; |
| 50 | conforming cross-references; amending s. 380.0651, F.S.; |
| 51 | providing a statewide guidelines and standards bonus for |
| 52 | the provision of workforce housing; amending s. 420.0004, |
| 53 | F.S.; defining the term "extremely-low-income persons"; |
| 54 | conforming cross-references; repealing s. 420.37, F.S., |
| 55 | relating to additional powers of the Florida Housing |
| 56 | Finance Corporation; repealing s. 420.530, F.S., relating |
| 57 | to the State Farm Worker Housing Pilot Loan Program; |
| 58 | amending s. 420.503, F.S.; revising the definition of the |
| 59 | term "farmworker" under the Florida Housing Finance |
| 60 | Corporation Act; providing rulemaking authority; amending |
| 61 | s. 420.5061, F.S.; conforming a cross-reference; amending |
| 62 | s. 420.507, F.S.; revising and expanding the powers of the |
| 63 | Florida Housing Finance Corporation relating to mortgage |
| 64 | loan interest rates, loans, loan relief, uses of loan |
| 65 | funds, subsidiary business entities, and data reporting; |
| 66 | providing rulemaking authority; amending s. 420.5087, |
| 67 | F.S.; increasing the population criteria for the State |
| 68 | Apartment Incentive Loan Program; revising criteria for |
| 69 | loans; conforming cross-references; amending s. 420.5088, |
| 70 | F.S.; expanding the scope of the Florida Homeownership |
| 71 | Assistance Program; revising loan requirements; deleting a |
| 72 | provision reserving program funds for certain borrowers; |
| 73 | amending s. 420.9071, F.S.; conforming a cross-reference; |
| 74 | amending s. 420.9072, F.S.; conforming cross-references; |
| 75 | amending s. 420.9075, F.S.; requiring local housing |
| 76 | assistance plans to define essential service personnel for |
| 77 | the county or eligible municipality and to contain a |
| 78 | strategy for the recruitment and retention of such |
| 79 | personnel; providing for provision of funds for |
| 80 | homeownership for extremely-low-income, very-low-income, |
| 81 | or low-income persons; amending s. 420.9076, F.S.; |
| 82 | conforming a cross-reference; amending s. 420.9079, F.S.; |
| 83 | revising the maximum appropriation the Florida Housing |
| 84 | Finance Corporation may request each state fiscal year; |
| 85 | conforming a cross-reference; amending s. 1001.43, F.S.; |
| 86 | authorizing district school boards to provide affordable |
| 87 | housing for teachers and other instructional personnel; |
| 88 | amending s. 1013.64, F.S.; prohibiting the use of PECO |
| 89 | funds for the construction of affordable housing; |
| 90 | authorizing school districts to use local and other funds |
| 91 | to fund the construction of affordable housing; creating |
| 92 | the Community Workforce Housing Innovation Pilot Program; |
| 93 | provides legislative findings; providing definitions; |
| 94 | providing the Florida Housing Finance Corporation with |
| 95 | certain powers and responsibilities relating to the |
| 96 | program; requiring the program to target certain entities; |
| 97 | providing application requirements; providing incentives |
| 98 | for program applicants; providing rulemaking authority; |
| 99 | requires a report to the Governor and Legislature; |
| 100 | authorizing local governments to provide density bonus |
| 101 | incentives to landowners who donate fee simple interest in |
| 102 | real property to the local government for the purpose of |
| 103 | assisting the local government in providing affordable |
| 104 | housing; providing definitions and requirements governing |
| 105 | such donations and density bonuses; requiring the |
| 106 | Department of Community Affairs to establish a Home |
| 107 | Retrofit Hardening Program and establishing requirements |
| 108 | for the program; requiring the Department of Community |
| 109 | Affairs to establish a Disaster Recovery Assistance |
| 110 | Program and establishing requirements for the program; |
| 111 | authorizing the Florida Housing Finance Corporation to |
| 112 | provide funds to eligible entities for affordable housing |
| 113 | recovery in areas of the state sustaining hurricane damage |
| 114 | due to hurricanes during 2004 and 2005; providing |
| 115 | legislative findings and emergency rulemaking authority; |
| 116 | providing appropriations; providing effective dates. |
| 117 |
|
| 118 | Be It Enacted by the Legislature of the State of Florida: |
| 119 |
|
| 120 | Section 1. Section 125.379, Florida Statutes, is created |
| 121 | to read: |
| 122 | 125.379 Disposition of county property for affordable |
| 123 | housing.-- |
| 124 | (1) By July 1, 2007, and every 3 years thereafter, each |
| 125 | county shall prepare an inventory list of all real property |
| 126 | within its jurisdiction to which the county holds fee simple |
| 127 | title that is appropriate for use as affordable housing. The |
| 128 | inventory list must include the address and legal description of |
| 129 | each such real property and specify whether the property is |
| 130 | vacant or improved. The governing body of the county must review |
| 131 | the inventory list at a public hearing and may revise it at the |
| 132 | conclusion of the public hearing. The governing body of the |
| 133 | county shall adopt a resolution that includes an inventory list |
| 134 | of such property following the public hearing. |
| 135 | (2) The properties identified as appropriate for use as |
| 136 | affordable housing on the inventory list adopted by the county |
| 137 | may be offered for sale and the proceeds used to purchase land |
| 138 | for the development of affordable housing or to increase the |
| 139 | local government fund earmarked for affordable housing, or may |
| 140 | be sold with a restriction that requires the development of the |
| 141 | property as permanent affordable housing, or may be donated to a |
| 142 | nonprofit housing organization for the construction of permanent |
| 143 | affordable housing. Alternatively, the county may otherwise make |
| 144 | the property available for use for the production and |
| 145 | preservation of permanent affordable housing. For purposes of |
| 146 | this section, the term "affordable" has the same meaning as in |
| 147 | s. 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, |
| 150 | Florida Statutes, are amended, and paragraph (g) is added to |
| 151 | subsection (2) of that section, to read: |
| 152 | 163.31771 Accessory dwelling units.-- |
| 153 | (1) The Legislature finds that the median price of homes |
| 154 | in this state has increased steadily over the last decade and at |
| 155 | a greater rate of increase than the median income in many urban |
| 156 | areas. The Legislature finds that the cost of rental housing has |
| 157 | also increased steadily and the cost often exceeds an amount |
| 158 | that is affordable to extremely-low-income, very-low-income, |
| 159 | low-income, or moderate-income persons and has resulted in a |
| 160 | critical shortage of affordable rentals in many urban areas in |
| 161 | the state. This shortage of affordable rentals constitutes a |
| 162 | threat to the health, safety, and welfare of the residents of |
| 163 | the state. Therefore, the Legislature finds that it serves an |
| 164 | important public purpose to encourage the permitting of |
| 165 | accessory dwelling units in single-family residential areas in |
| 166 | order to increase the availability of affordable rentals for |
| 167 | extremely-low-income, very-low-income, low-income, or moderate- |
| 168 | income persons. |
| 169 | (2) As used in this section, the term: |
| 170 | (b) "Affordable rental" means that monthly rent and |
| 171 | utilities do not exceed 30 percent of that amount which |
| 172 | represents the percentage of the median adjusted gross annual |
| 173 | income for extremely-low-income, very-low-income, low-income, or |
| 174 | moderate-income persons. |
| 175 | (d) "Low-income persons" has the same meaning as in s. |
| 176 | 420.0004(10)(9). |
| 177 | (e) "Moderate-income persons" has the same meaning as in |
| 178 | s. 420.0004(11)(10). |
| 179 | (f) "Very-low-income persons" has the same meaning as in |
| 180 | s. 420.0004(15)(14). |
| 181 | (g) "Extremely-low-income persons" has the same meaning as |
| 182 | in s. 420.0004(8). |
| 183 | (4) If the local government adopts an ordinance under this |
| 184 | section, an application for a building permit to construct an |
| 185 | accessory dwelling unit must include an affidavit from the |
| 186 | applicant which attests that the unit will be rented at an |
| 187 | affordable rate to an extremely-low-income, a very-low-income, |
| 188 | low-income, or moderate-income person or persons. |
| 189 | Section 3. Paragraph (c) of subsection (1) of section |
| 190 | 163.3187, Florida Statutes, is amended to read: |
| 191 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 192 | (1) Amendments to comprehensive plans adopted pursuant to |
| 193 | this part may be made not more than two times during any |
| 194 | calendar year, except: |
| 195 | (c) Any local government comprehensive plan amendments |
| 196 | directly related to proposed small scale development activities |
| 197 | may be approved without regard to statutory limits on the |
| 198 | frequency of consideration of amendments to the local |
| 199 | comprehensive plan. A small scale development amendment may be |
| 200 | adopted only under the following conditions: |
| 201 | 1. The proposed amendment involves a use of 10 acres or |
| 202 | fewer and: |
| 203 | a. The cumulative annual effect of the acreage for all |
| 204 | small scale development amendments adopted by the local |
| 205 | government shall not exceed: |
| 206 | (I) A maximum of 120 acres in a local government that |
| 207 | contains areas specifically designated in the local |
| 208 | comprehensive plan for urban infill, urban redevelopment, or |
| 209 | downtown revitalization as defined in s. 163.3164, urban infill |
| 210 | and redevelopment areas designated under s. 163.2517, |
| 211 | transportation concurrency exception areas approved pursuant to |
| 212 | s. 163.3180(5), or regional activity centers and urban central |
| 213 | business districts approved pursuant to s. 380.06(2)(e); |
| 214 | however, amendments under this paragraph may be applied to no |
| 215 | more than 60 acres annually of property outside the designated |
| 216 | areas listed in this sub-sub-subparagraph. Amendments adopted |
| 217 | pursuant to paragraph (k) shall not be counted toward the |
| 218 | acreage limitations for small scale amendments under this |
| 219 | paragraph. |
| 220 | (II) A maximum of 80 acres in a local government that does |
| 221 | not contain any of the designated areas set forth in sub-sub- |
| 222 | subparagraph (I). |
| 223 | (III) A maximum of 120 acres in a county established |
| 224 | pursuant to s. 9, Art. VIII of the State Constitution. |
| 225 | b. The proposed amendment does not involve the same |
| 226 | property granted a change within the prior 12 months. |
| 227 | c. The proposed amendment does not involve the same |
| 228 | owner's property within 200 feet of property granted a change |
| 229 | within the prior 12 months. |
| 230 | d. The proposed amendment does not involve a text change |
| 231 | to the goals, policies, and objectives of the local government's |
| 232 | comprehensive plan, but only proposes a land use change to the |
| 233 | future land use map for a site-specific small scale development |
| 234 | activity. |
| 235 | e. The property that is the subject of the proposed |
| 236 | amendment is not located within an area of critical state |
| 237 | concern, unless the project subject to the proposed amendment |
| 238 | involves the construction of affordable housing units meeting |
| 239 | the criteria of s. 420.0004(3), and is located within an area of |
| 240 | critical state concern designated by s. 380.0552 or by the |
| 241 | Administration Commission pursuant to s. 380.05(1). Such |
| 242 | amendment is not subject to the density limitations of sub- |
| 243 | subparagraph f., and shall be reviewed by the state land |
| 244 | planning agency for consistency with the principles for guiding |
| 245 | development applicable to the area of critical state concern |
| 246 | where the amendment is located and shall not become effective |
| 247 | until a final order is issued under s. 380.05(6). |
| 248 | f. If the proposed amendment involves a residential land |
| 249 | use, the residential land use has a density of 10 units or less |
| 250 | per acre or the proposed future land use category allows a |
| 251 | maximum residential density of the same or less than the maximum |
| 252 | residential density allowable under the existing future land use |
| 253 | category, except that this limitation does not apply to small |
| 254 | scale amendments involving the construction of affordable |
| 255 | housing units meeting the criteria of s. 420.0004(3) on property |
| 256 | which will be the subject of a land use restriction agreement or |
| 257 | extended use agreement recorded in conjunction with the issuance |
| 258 | of tax exempt bond financing or an allocation of federal tax |
| 259 | credits issued through the Florida Housing Finance Corporation |
| 260 | or a local housing finance authority authorized by the Division |
| 261 | of Bond Finance of the State Board of Administration, or small |
| 262 | scale amendments described in sub-sub-subparagraph a.(I) that |
| 263 | are designated in the local comprehensive plan for urban infill, |
| 264 | urban redevelopment, or downtown revitalization as defined in s. |
| 265 | 163.3164, urban infill and redevelopment areas designated under |
| 266 | s. 163.2517, transportation concurrency exception areas approved |
| 267 | pursuant to s. 163.3180(5), or regional activity centers and |
| 268 | urban central business districts approved pursuant to s. |
| 269 | 380.06(2)(e). |
| 270 | 2.a. A local government that proposes to consider a plan |
| 271 | amendment pursuant to this paragraph is not required to comply |
| 272 | with the procedures and public notice requirements of s. |
| 273 | 163.3184(15)(c) for such plan amendments if the local government |
| 274 | complies with the provisions in s. 125.66(4)(a) for a county or |
| 275 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
| 276 | amendment under this paragraph is initiated by other than the |
| 277 | local government, public notice is required. |
| 278 | b. The local government shall send copies of the notice |
| 279 | and amendment to the state land planning agency, the regional |
| 280 | planning council, and any other person or entity requesting a |
| 281 | copy. This information shall also include a statement |
| 282 | identifying any property subject to the amendment that is |
| 283 | located within a coastal high-hazard area as identified in the |
| 284 | local comprehensive plan. |
| 285 | 3. Small scale development amendments adopted pursuant to |
| 286 | this paragraph require only one public hearing before the |
| 287 | governing board, which shall be an adoption hearing as described |
| 288 | in s. 163.3184(7), and are not subject to the requirements of s. |
| 289 | 163.3184(3)-(6) unless the local government elects to have them |
| 290 | subject to those requirements. |
| 291 | 4. If the small scale development amendment involves a |
| 292 | site within an area that is designated by the Governor as a |
| 293 | rural area of critical economic concern under s. 288.0656(7) for |
| 294 | the duration of such designation, the 10-acre limit listed in |
| 295 | subparagraph 1. shall be increased by 100 percent to 20 acres. |
| 296 | The local government approving the small scale plan amendment |
| 297 | shall certify to the Office of Tourism, Trade, and Economic |
| 298 | Development that the plan amendment furthers the economic |
| 299 | objectives set forth in the executive order issued under s. |
| 300 | 288.0656(7), and the property subject to the plan amendment |
| 301 | shall undergo public review to ensure that all concurrency |
| 302 | requirements and federal, state, and local environmental permit |
| 303 | requirements are met. |
| 304 | Section 4. Section 166.0451, Florida Statutes, is created |
| 305 | to read: |
| 306 | 166.0451 Disposition of municipal property for affordable |
| 307 | housing.-- |
| 308 | (1) By July 1, 2007, and every 3 years thereafter, each |
| 309 | municipality shall prepare an inventory list of all real |
| 310 | property within its jurisdiction to which the municipality holds |
| 311 | fee simple title that is appropriate for use as affordable |
| 312 | housing. The inventory list must include the address and legal |
| 313 | description of each such property and specify whether the |
| 314 | property is vacant or improved. The governing body of the |
| 315 | municipality must review the inventory list at a public hearing |
| 316 | and may revise it at the conclusion of the public hearing. |
| 317 | Following the public hearing, the governing body of the |
| 318 | municipality shall adopt a resolution that includes an inventory |
| 319 | list of such property. |
| 320 | (2) The properties identified as appropriate for use as |
| 321 | affordable housing on the inventory list adopted by the |
| 322 | municipality may be offered for sale and the proceeds may be |
| 323 | used to purchase land for the development of affordable housing |
| 324 | or to increase the local government fund earmarked for |
| 325 | affordable housing, or may be sold with a restriction that |
| 326 | requires the development of the property as permanent affordable |
| 327 | housing, or may be donated to a nonprofit housing organization |
| 328 | for the construction of permanent affordable housing. |
| 329 | Alternatively, the municipality may otherwise make the property |
| 330 | available for use for the production and preservation of |
| 331 | permanent affordable housing. For purposes of this section, the |
| 332 | term "affordable" has the same meaning as in s. 420.0004(3). |
| 333 | Section 5. Subsections (6) and (7) are added to section |
| 334 | 189.4155, Florida Statutes, to read: |
| 335 | 189.4155 Activities of special districts; local government |
| 336 | comprehensive planning.-- |
| 337 | (6) Any independent special district created pursuant to |
| 338 | chapter 190 is authorized to provide housing and housing |
| 339 | assistance for persons whose total annual household income does |
| 340 | not exceed 140 percent of the area median income, adjusted for |
| 341 | family size. |
| 342 | (7) Any independent special district created pursuant to |
| 343 | special act or general law, including, but not limited to, this |
| 344 | chapter and chapter 298, for the purpose of providing urban |
| 345 | infrastructure or services is authorized to provide housing and |
| 346 | housing assistance for its employed personnel whose total annual |
| 347 | household income does not exceed 140 percent of the area median |
| 348 | income, adjusted for family size. |
| 349 | Section 6. Subsection (19) is added to section 191.006, |
| 350 | Florida Statutes, to read: |
| 351 | 191.006 General powers.--The district shall have, and the |
| 352 | board may exercise by majority vote, the following powers: |
| 353 | (19) To provide housing and housing assistance for its |
| 354 | employed personnel whose total annual household income does not |
| 355 | exceed 140 percent of the area median income, adjusted for |
| 356 | family size. |
| 357 | Section 7. Section 193.018, Florida Statutes, is created |
| 358 | to read: |
| 359 | 193.018 The Manny Diaz Affordable Housing Property Tax |
| 360 | Relief Initiative.--For the purpose of assessing just valuation |
| 361 | of affordable housing properties serving persons with income |
| 362 | limits defined as extremely-low, low, moderate, and very-low, as |
| 363 | specified in s. 420.0004(8), (10), (11), and (15), the actual |
| 364 | rental income from rent-restricted units in such a property |
| 365 | shall be recognized by the property appraiser for assessment |
| 366 | purposes, and a rental income approach pursuant to s. 193.011(7) |
| 367 | shall be used for assessment of the rents for the following |
| 368 | affordable housing properties: |
| 369 | (1) Property that is funded by the United States |
| 370 | Department of Housing and Urban Development under s. 8 of the |
| 371 | United States Housing Act of 1937 that is used to provide |
| 372 | affordable housing serving eligible persons as defined by s. |
| 373 | 159.603(7) and elderly persons, extremely-low-income persons, |
| 374 | and very-low-income persons as defined by s. 420.0004(7), (8), |
| 375 | and (15) and that has undergone financial restructuring as |
| 376 | provided in s. 501, Title V, Subtitle A of the Multifamily |
| 377 | Assisted Housing Reform and Affordability Act of 1997; |
| 378 | (2) Multifamily, farmworker, or elderly rental properties |
| 379 | that are funded by the Florida Housing Finance Corporation under |
| 380 | ss. 420.5087 and 420.5089 and the State Housing Initiatives |
| 381 | Partnership Program under ss. 420.9072 and 420.9075, s. 42 of |
| 382 | the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment |
| 383 | Partnership Program under the Cranston-Gonzalez National |
| 384 | Affordable Housing Act, 42 U.S.C. ss. 12741 et seq.; or the |
| 385 | Federal Home Loan Banks' Affordable Housing Program established |
| 386 | pursuant to the Financial Institutions Reform, Recovery and |
| 387 | Enforcement Act of 1989, Pub. L. No. 101-73; or |
| 388 | (3) Multifamily residential rental properties of 10 or |
| 389 | more units that are deed restricted as affordable housing and |
| 390 | certified by the local housing agency as having at least 95 |
| 391 | percent of its units providing affordable housing to extremely- |
| 392 | low-income persons, very-low-income persons, low-income persons, |
| 393 | and 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 |
| 396 | to read: |
| 397 | 196.1978 Affordable housing property exemption.-- |
| 398 | (1) Property used to provide affordable housing serving |
| 399 | eligible persons as defined by s. 159.603(7) and persons meeting |
| 400 | income limits specified in s. 420.0004(8), (10)(9), (11)(10), |
| 401 | and (15)(14), which property is owned entirely by a nonprofit |
| 402 | entity which is qualified as charitable under s. 501(c)(3) of |
| 403 | the Internal Revenue Code and which complies with Rev. Proc. 96- |
| 404 | 32, 1996-1 C.B. 717, shall be considered property owned by an |
| 405 | exempt entity and used for a charitable purpose, and those |
| 406 | portions of the affordable housing property which provide |
| 407 | housing to individuals with incomes as defined in s. |
| 408 | 420.0004(10)(9) and (15)(14) shall be exempt from ad valorem |
| 409 | taxation to the extent authorized in s. 196.196. |
| 410 | (2) For the purposes of this section, ownership entirely |
| 411 | by 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 |
| 414 | of which is either a corporation not for profit or a Florida |
| 415 | limited liability company or corporation the sole member or |
| 416 | shareholder, respectively, of which is a corporation not for |
| 417 | profit. |
| 418 | (3) All property owned by a nonprofit entity identified in |
| 419 | this section shall comply with the criteria for determination of |
| 420 | exempt status to be applied by property appraisers on an annual |
| 421 | basis as defined in s. 196.195. In order to qualify for exempt |
| 422 | status, the nonprofit entity must affirmatively demonstrate to |
| 423 | the property appraiser that no part of the subject property, or |
| 424 | the sale, lease, or other disposition of the assets of the |
| 425 | property, will inure to the benefit of its member, officers, |
| 426 | limited liability partners, or any person or firm operating for |
| 427 | profit or for a nonexempt purpose. The Legislature intends that |
| 428 | any property owned by a limited liability company which is |
| 429 | disregarded as an entity for federal income tax purposes |
| 430 | pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be |
| 431 | treated as owned by its sole member. |
| 432 | Section 9. Paragraphs (o) and (q) of subsection (5) of |
| 433 | section 212.08, Florida Statutes, are amended to read: |
| 434 | 212.08 Sales, rental, use, consumption, distribution, and |
| 435 | storage tax; specified exemptions.--The sale at retail, the |
| 436 | rental, the use, the consumption, the distribution, and the |
| 437 | storage to be used or consumed in this state of the following |
| 438 | are hereby specifically exempt from the tax imposed by this |
| 439 | chapter. |
| 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 |
| 444 | that becomes a component part of a housing project or a mixed- |
| 445 | use project. |
| 446 | b. "Housing project" means the conversion of an existing |
| 447 | manufacturing or industrial building to housing units in an |
| 448 | urban high-crime area, enterprise zone, empowerment zone, Front |
| 449 | Porch Community, designated brownfield area, or urban infill |
| 450 | area and in which the developer agrees to set aside at least 20 |
| 451 | percent of the housing units in the project for extremely-low- |
| 452 | income, low-income, and moderate-income persons or the |
| 453 | construction in a designated brownfield area of affordable |
| 454 | housing 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 |
| 457 | manufacturing or industrial building to mixed-use units that |
| 458 | include artists' studios, art and entertainment services, or |
| 459 | other compatible uses. A mixed-use project must be located in an |
| 460 | urban high-crime area, enterprise zone, empowerment zone, Front |
| 461 | Porch Community, designated brownfield area, or urban infill |
| 462 | area, and the developer must agree to set aside at least 20 |
| 463 | percent of the square footage of the project for low-income and |
| 464 | moderate-income housing. |
| 465 | d. "Substantially completed" has the same meaning as |
| 466 | provided in s. 192.042(1). |
| 467 | 2. Building materials used in the construction of a |
| 468 | housing project or mixed-use project are exempt from the tax |
| 469 | imposed by this chapter upon an affirmative showing to the |
| 470 | satisfaction of the department that the requirements of this |
| 471 | paragraph have been met. This exemption inures to the owner |
| 472 | through a refund of previously paid taxes. To receive this |
| 473 | refund, the owner must file an application under oath with the |
| 474 | department which includes: |
| 475 | a. The name and address of the owner. |
| 476 | b. The address and assessment roll parcel number of the |
| 477 | project 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 |
| 480 | that the project is substantially completed. |
| 481 | e. A sworn statement, under penalty of perjury, from the |
| 482 | general contractor licensed in this state with whom the owner |
| 483 | contracted to construct the project, which statement lists the |
| 484 | building materials used in the construction of the project and |
| 485 | the actual cost thereof, and the amount of sales tax paid on |
| 486 | these materials. If a general contractor was not used, the owner |
| 487 | shall provide this information in a sworn statement, under |
| 488 | penalty of perjury. Copies of invoices evidencing payment of |
| 489 | sales tax must be attached to the sworn statement. |
| 490 | 3. An application for a refund under this paragraph must |
| 491 | be submitted to the department within 6 months after the date |
| 492 | the project is deemed to be substantially completed by the local |
| 493 | building code inspector. Within 30 working days after receipt of |
| 494 | the application, the department shall determine if it meets the |
| 495 | requirements of this paragraph. A refund approved pursuant to |
| 496 | this paragraph shall be made within 30 days after formal |
| 497 | approval of the application by the department. The provisions of |
| 498 | s. 212.095 do not apply to any refund application made under |
| 499 | this paragraph. |
| 500 | 4. The department shall establish by rule an application |
| 501 | form and criteria for establishing eligibility for exemption |
| 502 | under this paragraph. |
| 503 | 5. The exemption shall apply to purchases of materials on |
| 504 | or after July 1, 2000. |
| 505 | (q) Community contribution tax credit for donations.-- |
| 506 | 1. Authorization.--Beginning July 1, 2001, Persons who are |
| 507 | registered with the department under s. 212.18 to collect or |
| 508 | remit sales or use tax and who make donations to eligible |
| 509 | sponsors are eligible for tax credits against their state sales |
| 510 | and use tax liabilities as provided in this paragraph: |
| 511 | a. The credit shall be computed as 50 percent of the |
| 512 | person's approved annual community contribution.; |
| 513 | b. The credit shall be granted as a refund against state |
| 514 | sales and use taxes reported on returns and remitted in the 12 |
| 515 | months preceding the date of application to the department for |
| 516 | the credit as required in sub-subparagraph 3.c. If the annual |
| 517 | credit is not fully used through such refund because of |
| 518 | insufficient tax payments during the applicable 12-month period, |
| 519 | the unused amount may be included in an application for a refund |
| 520 | made pursuant to sub-subparagraph 3.c. in subsequent years |
| 521 | against the total tax payments made for such year. Carryover |
| 522 | credits may be applied for a 3-year period without regard to any |
| 523 | time limitation that would otherwise apply under s. 215.26.; |
| 524 | c. A person may not receive more than $200,000 in annual |
| 525 | tax credits for all approved community contributions made in any |
| 526 | one year.; |
| 527 | d. All proposals for the granting of the tax credit |
| 528 | require the prior approval of the Office of Tourism, Trade, and |
| 529 | Economic Development.; |
| 530 | e. The total amount of tax credits which may be granted |
| 531 | for all programs approved under this paragraph, s. 220.183, and |
| 532 | s. 624.5105 is $10 $12 million annually for projects that |
| 533 | provide homeownership opportunities for extremely-low-income |
| 534 | persons, as defined in s. 420.004(8), or low-income or very-low- |
| 535 | income persons, as defined in s. 420.9071(19) and (28), and $3 |
| 536 | million annually for all other projects.; and |
| 537 | f. A person who is eligible to receive the credit provided |
| 538 | for in this paragraph, s. 220.183, or s. 624.5105 may receive |
| 539 | the 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 |
| 542 | following 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 |
| 547 | of Tourism, Trade, and Economic Development. |
| 548 | b. All community contributions must be reserved |
| 549 | exclusively for use in a project. As used in this sub- |
| 550 | subparagraph, the term "project" means any activity undertaken |
| 551 | by an eligible sponsor which is designed to construct, improve, |
| 552 | or substantially rehabilitate housing that is affordable to |
| 553 | extremely-low-income persons, as defined in s. 420.0004(8), or |
| 554 | low-income or very-low-income households, as defined in s. |
| 555 | 420.9071(19) and (28); designed to provide commercial, |
| 556 | industrial, or public resources and facilities; or designed to |
| 557 | improve entrepreneurial and job-development opportunities for |
| 558 | low-income persons. A project may be the investment necessary to |
| 559 | increase access to high-speed broadband capability in rural |
| 560 | communities with enterprise zones, including projects that |
| 561 | result in improvements to communications assets that are owned |
| 562 | by a business. A project may include the provision of museum |
| 563 | educational programs and materials that are directly related to |
| 564 | any project approved between January 1, 1996, and December 31, |
| 565 | 1999, and located in an enterprise zone designated pursuant to |
| 566 | s. 290.0065. This paragraph does not preclude projects that |
| 567 | propose to construct or rehabilitate housing for extremely-low- |
| 568 | income, low-income or very-low-income households on scattered |
| 569 | sites. With respect to housing, contributions may be used to pay |
| 570 | the following eligible extremely-low-income, low-income and |
| 571 | very-low-income housing-related activities: |
| 572 | (I) Project development impact and management fees for |
| 573 | extremely-low-income, low-income, or very-low-income housing |
| 574 | projects; |
| 575 | (II) Down payment and closing costs for eligible persons, |
| 576 | as defined in ss. s. 420.9071(19) and (28) and 420.0004(8); |
| 577 | (III) Administrative costs, including housing counseling |
| 578 | and marketing fees, not to exceed 10 percent of the community |
| 579 | contribution, directly related to extremely-low-income, low- |
| 580 | income, or very-low-income projects; and |
| 581 | (IV) Removal of liens recorded against residential |
| 582 | property by municipal, county, or special district local |
| 583 | governments when satisfaction of the lien is a necessary |
| 584 | precedent to the transfer of the property to an eligible person, |
| 585 | as defined in ss. s. 420.9071(19) and (28) and 420.0004(8), for |
| 586 | the purpose of promoting home ownership. Contributions for lien |
| 587 | removal must be received from a nonrelated third party. |
| 588 | c. The project must be undertaken by an "eligible |
| 589 | sponsor," which includes: |
| 590 | (I) A community action program; |
| 591 | (II) A nonprofit community-based development organization |
| 592 | whose mission is the provision of housing for extremely-low- |
| 593 | income, low-income, or very-low-income households or increasing |
| 594 | entrepreneurial and job-development opportunities for low-income |
| 595 | persons; |
| 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. |
| 599 | 163.356; |
| 600 | (VI) The Florida Industrial Development Corporation; |
| 601 | (VII) A historic preservation district agency or |
| 602 | organization; |
| 603 | (VIII) A regional workforce board; |
| 604 | (IX) A direct-support organization as provided in s. |
| 605 | 1009.983; |
| 606 | (X) An enterprise zone development agency created under s. |
| 607 | 290.0056; |
| 608 | (XI) A community-based organization incorporated under |
| 609 | chapter 617 which is recognized as educational, charitable, or |
| 610 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
| 611 | and whose bylaws and articles of incorporation include |
| 612 | affordable housing, economic development, or community |
| 613 | development 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, |
| 617 | and Economic Development designates by rule. |
| 618 |
|
| 619 | In no event may a contributing person have a financial interest |
| 620 | in the eligible sponsor. |
| 621 | d. The project must be located in an area designated an |
| 622 | enterprise zone or a Front Porch Florida Community pursuant to |
| 623 | s. 20.18(6), unless the project increases access to high-speed |
| 624 | broadband capability for rural communities with enterprise zones |
| 625 | but is physically located outside the designated rural zone |
| 626 | boundaries. Any project designed to construct or rehabilitate |
| 627 | housing for extremely-low-income households as defined in s. |
| 628 | 420.004(8) or low-income or very-low-income households as |
| 629 | defined in ss. s. 420.0971(19) and (28) and 420.0004(8) is |
| 630 | exempt from the area requirement of this sub-subparagraph. |
| 631 | e.(I) For the first 6 months of the fiscal year, the |
| 632 | Office of Tourism, Trade, and Economic Development shall reserve |
| 633 | 80 percent of the first $10 million in available annual tax |
| 634 | credits and 70 percent of any available annual tax credits in |
| 635 | excess of $10 million for donations made to eligible sponsors |
| 636 | for projects that provide homeownership opportunities for low- |
| 637 | income or very-low-income households as defined in s. |
| 638 | 420.9071(19) and (28). If any such reserved annual tax credits |
| 639 | remain after the first 6 months of the fiscal year, the office |
| 640 | may approve the balance of these available credits for donations |
| 641 | made to eligible sponsors for projects other than those that |
| 642 | provide homeownership opportunities for low-income or very-low- |
| 643 | income households. |
| 644 | (II) For the first 6 months of the fiscal year, the office |
| 645 | shall reserve 20 percent of the first $10 million in available |
| 646 | annual tax credits and 30 percent of any available annual tax |
| 647 | credits in excess of $10 million for donations made to eligible |
| 648 | sponsors for projects other than those that provide |
| 649 | homeownership opportunities for low-income or very-low-income |
| 650 | households as defined in s. 420.9071(19) and (28). If any |
| 651 | reserved annual tax credits remain after the first 6 months of |
| 652 | the fiscal year, the office may approve the balance of these |
| 653 | available credits for donations made to eligible sponsors for |
| 654 | projects that provide homeownership opportunities for low-income |
| 655 | or very-low-income households. |
| 656 | (III) If, during the first 10 business days of the state |
| 657 | fiscal year, eligible tax credit applications for projects that |
| 658 | provide homeownership opportunities for extremely-low-income |
| 659 | persons, as defined in s. 420.004(8), or low-income or very-low- |
| 660 | income persons, as defined in s. 420.9071(19) and (28), are |
| 661 | received for less than the available annual tax credits |
| 662 | available for those projects reserved under sub-sub-subparagraph |
| 663 | (I), the office shall grant tax credits for those applications |
| 664 | and shall grant remaining tax credits on a first-come, first- |
| 665 | served basis for any subsequent eligible applications received |
| 666 | before the end of the first 6 months of the state fiscal year. |
| 667 | If, during the first 10 business days of the state fiscal year, |
| 668 | eligible tax credit applications for projects that provide |
| 669 | homeownership opportunities for extremely-low-income persons, as |
| 670 | defined in s. 420.004(8), or low-income or very-low-income |
| 671 | persons, as defined in s. 420.9071(19) and (28), are received |
| 672 | for more than the available annual tax credits available for |
| 673 | those projects reserved under sub-sub-subparagraph (I), the |
| 674 | office shall grant the tax credits for those the applications as |
| 675 | follows: |
| 676 | (A) If tax credit applications submitted for approved |
| 677 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 678 | the credits shall be granted in full if the tax credit |
| 679 | applications are approved, subject to sub-sub-subparagraph (I). |
| 680 | (B) If tax credit applications submitted for approved |
| 681 | projects of an eligible sponsor exceed $200,000 in total, the |
| 682 | amount of tax credits granted pursuant to sub-sub-sub- |
| 683 | subparagraph (A) shall be subtracted from the amount of |
| 684 | available tax credits under sub-sub-subparagraph (I), and the |
| 685 | remaining credits shall be granted to each approved tax credit |
| 686 | application on a pro rata basis. |
| 687 | (C) If, after the first 6 months of the fiscal year, |
| 688 | additional credits become available under sub-sub-subparagraph |
| 689 | (II), the office shall grant the tax credits by first granting |
| 690 | to those who received a pro rata reduction up to the full amount |
| 691 | of their request and, if there are remaining credits, granting |
| 692 | credits to those who applied on or after the 11th business day |
| 693 | of the state fiscal year on a first-come, first-served basis. |
| 694 | (II)(IV) If, during the first 10 business days of the |
| 695 | state fiscal year, eligible tax credit applications for projects |
| 696 | other than those that provide homeownership opportunities for |
| 697 | extremely-low-income persons, as defined in s. 420.004(8), or |
| 698 | low-income or very-low-income persons, as defined in s. |
| 699 | 420.9071(19) and (28), are received for less than the available |
| 700 | annual tax credits available for those projects reserved under |
| 701 | sub-sub-subparagraph (II), the office shall grant tax credits |
| 702 | for those applications and shall grant remaining tax credits on |
| 703 | a first-come, first-served basis for any subsequent eligible |
| 704 | applications received before the end of the first 6 months of |
| 705 | the state fiscal year. If, during the first 10 business days of |
| 706 | the state fiscal year, eligible tax credit applications for |
| 707 | projects other than those that provide homeownership |
| 708 | opportunities for extremely-low-income persons, as defined in s. |
| 709 | 420.004(8), or low-income or very-low-income persons, as defined |
| 710 | in s. 420.9071(19) and (28), are received for more than the |
| 711 | available annual tax credits available for those projects |
| 712 | reserved under sub-sub-subparagraph (II), the office shall grant |
| 713 | the tax credits for those the applications on a pro rata basis. |
| 714 | If, after the first 6 months of the fiscal year, additional |
| 715 | credits become available under sub-sub-subparagraph (I), the |
| 716 | office shall grant the tax credits by first granting to those |
| 717 | who received a pro rata reduction up to the full amount of their |
| 718 | request and, if there are remaining credits, granting credits to |
| 719 | those who applied on or after the 11th business day of the state |
| 720 | fiscal year on a first-come, first-served basis. |
| 721 | 3. Application requirements.-- |
| 722 | a. Any eligible sponsor seeking to participate in this |
| 723 | program must submit a proposal to the Office of Tourism, Trade, |
| 724 | and Economic Development which sets forth the name of the |
| 725 | sponsor, a description of the project, and the area in which the |
| 726 | project is located, together with such supporting information as |
| 727 | is prescribed by rule. The proposal must also contain a |
| 728 | resolution from the local governmental unit in which the project |
| 729 | is located certifying that the project is consistent with local |
| 730 | plans and regulations. |
| 731 | b. Any person seeking to participate in this program must |
| 732 | submit an application for tax credit to the office of Tourism, |
| 733 | Trade, and Economic Development which sets forth the name of the |
| 734 | sponsor, a description of the project, and the type, value, and |
| 735 | purpose of the contribution. The sponsor shall verify the terms |
| 736 | of the application and indicate its receipt of the contribution, |
| 737 | which verification must be in writing and accompany the |
| 738 | application for tax credit. The person must submit a separate |
| 739 | tax credit application to the office for each individual |
| 740 | contribution that it makes to each individual project. |
| 741 | c. Any person who has received notification from the |
| 742 | office of Tourism, Trade, and Economic Development that a tax |
| 743 | credit has been approved must apply to the department to receive |
| 744 | the refund. Application must be made on the form prescribed for |
| 745 | claiming refunds of sales and use taxes and be accompanied by a |
| 746 | copy of the notification. A person may submit only one |
| 747 | application for refund to the department within any 12-month |
| 748 | period. |
| 749 | 4. Administration.-- |
| 750 | a. The Office of Tourism, Trade, and Economic Development |
| 751 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary |
| 752 | to administer this paragraph, including rules for the approval |
| 753 | or disapproval of proposals by a person. |
| 754 | b. The decision of the office of Tourism, Trade, and |
| 755 | Economic Development must be in writing, and, if approved, the |
| 756 | notification shall state the maximum credit allowable to the |
| 757 | person. Upon approval, the office shall transmit a copy of the |
| 758 | decision to the Department of Revenue. |
| 759 | c. The office of Tourism, Trade, and Economic Development |
| 760 | shall periodically monitor all projects in a manner consistent |
| 761 | with available resources to ensure that resources are used in |
| 762 | accordance with this paragraph; however, each project must be |
| 763 | reviewed at least once every 2 years. |
| 764 | d. The office of Tourism, Trade, and Economic Development |
| 765 | shall, in consultation with the Department of Community Affairs, |
| 766 | the Florida Housing Finance Corporation, and the statewide and |
| 767 | regional housing and financial intermediaries, market the |
| 768 | availability of the community contribution tax credit program to |
| 769 | community-based organizations. |
| 770 | 5. Expiration.--This paragraph expires June 30, 2015; |
| 771 | however, any accrued credit carryover that is unused on that |
| 772 | date may be used until the expiration of the 3-year carryover |
| 773 | period 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 |
| 776 | amended to read: |
| 777 | 220.183 Community contribution tax credit.-- |
| 778 | (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX |
| 779 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM |
| 780 | SPENDING.-- |
| 781 | (c) The total amount of tax credit which may be granted |
| 782 | for all programs approved under this section, s. 212.08(5)(q), |
| 783 | and s. 624.5105 is $10 $12 million annually for projects that |
| 784 | provide homeownership opportunities for extremely-low-income |
| 785 | persons, as defined in s. 420.004(8), or low-income or very-low- |
| 786 | income persons, as defined in s. 420.9071(19) and (28), and $3 |
| 787 | million annually for all other projects. |
| 788 | (2) ELIGIBILITY REQUIREMENTS.-- |
| 789 | (b)1. All community contributions must be reserved |
| 790 | exclusively 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 |
| 792 | of Tourism, Trade, and Economic Development shall reserve 80 |
| 793 | percent of the first $10 million in available annual tax |
| 794 | credits, and 70 percent of any available annual tax credits in |
| 795 | excess of $10 million, for donations made to eligible sponsors |
| 796 | for projects that provide homeownership opportunities for low- |
| 797 | income or very-low-income households as defined in s. |
| 798 | 420.9071(19) and (28). If any reserved annual tax credits remain |
| 799 | after the first 6 months of the fiscal year, the office may |
| 800 | approve the balance of these available credits for donations |
| 801 | made to eligible sponsors for projects other than those that |
| 802 | provide homeownership opportunities for low-income or very-low- |
| 803 | income households. |
| 804 | 3. For the first 6 months of the fiscal year, the office |
| 805 | shall reserve 20 percent of the first $10 million in available |
| 806 | annual tax credits, and 30 percent of any available annual tax |
| 807 | credits in excess of $10 million, for donations made to eligible |
| 808 | sponsors for projects other than those that provide |
| 809 | homeownership opportunities for low-income or very-low-income |
| 810 | households as defined in s. 420.9071(19) and (28). If any |
| 811 | reserved annual tax credits remain after the first 6 months of |
| 812 | the fiscal year, the office may approve the balance of these |
| 813 | available credits for donations made to eligible sponsors for |
| 814 | projects that provide homeownership opportunities for low-income |
| 815 | or very-low-income households. |
| 816 | 2.4. If, during the first 10 business days of the state |
| 817 | fiscal year, eligible tax credit applications for projects that |
| 818 | provide homeownership opportunities for extremely-low-income |
| 819 | persons, as defined in s. 420.004(8), or low-income or very-low- |
| 820 | income persons, as defined in s. 420.9071(19) and (28), are |
| 821 | received for less than the available annual tax credits |
| 822 | available for those projects reserved under subparagraph 2., the |
| 823 | office shall grant tax credits for those applications and shall |
| 824 | grant remaining tax credits on a first-come, first-served basis |
| 825 | for any subsequent eligible applications received before the end |
| 826 | of the first 6 months of the state fiscal year. If, during the |
| 827 | first 10 business days of the state fiscal year, eligible tax |
| 828 | credit applications for projects that provide homeownership |
| 829 | opportunities for extremely-low-income persons, as defined in s. |
| 830 | 420.004(8), or low-income or very-low-income persons, as defined |
| 831 | in s. 420.9071(19) and (28), are received for more than the |
| 832 | available annual tax credits available for those projects |
| 833 | reserved under subparagraph 2., the office shall grant the tax |
| 834 | credits for those such applications as follows: |
| 835 | a. If tax credit applications submitted for approved |
| 836 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 837 | the credit shall be granted in full if the tax credit |
| 838 | applications are approved, subject to the provisions of |
| 839 | subparagraph 2. |
| 840 | b. If tax credit applications submitted for approved |
| 841 | projects of an eligible sponsor exceed $200,000 in total, the |
| 842 | amount of tax credits granted under sub-subparagraph a. shall be |
| 843 | subtracted from the amount of available tax credits under |
| 844 | subparagraph 2., and the remaining credits shall be granted to |
| 845 | each approved tax credit application on a pro rata basis. |
| 846 | c. If, after the first 6 months of the fiscal year, |
| 847 | additional credits become available pursuant to subparagraph 3., |
| 848 | the office shall grant the tax credits by first granting to |
| 849 | those who received a pro rata reduction up to the full amount of |
| 850 | their request and, if there are remaining credits, granting |
| 851 | credits to those who applied on or after the 11th business day |
| 852 | of the state fiscal year on a first-come, first-served basis. |
| 853 | 3.5. If, during the first 10 business days of the state |
| 854 | fiscal year, eligible tax credit applications for projects other |
| 855 | than those that provide homeownership opportunities for |
| 856 | extremely-low-income persons, as defined in s. 420.004(8), or |
| 857 | low-income or very-low-income persons, as defined in s. |
| 858 | 420.9071(19) and (28), are received for less than the available |
| 859 | annual tax credits available for those projects reserved under |
| 860 | subparagraph 3., the office shall grant tax credits for those |
| 861 | applications and shall grant remaining tax credits on a first- |
| 862 | come, first-served basis for any subsequent eligible |
| 863 | applications received before the end of the first 6 months of |
| 864 | the state fiscal year. If, during the first 10 business days of |
| 865 | the state fiscal year, eligible tax credit applications for |
| 866 | projects other than those that provide homeownership |
| 867 | opportunities for extremely-low-income persons, as defined in s. |
| 868 | 420.004(8), or low-income or very-low-income persons, as defined |
| 869 | in s. 420.9071(19) and (28), are received for more than the |
| 870 | available annual tax credits available for those projects |
| 871 | reserved under subparagraph 3., the office shall grant the tax |
| 872 | credits for those such applications on a pro rata basis. If, |
| 873 | after the first 6 months of the fiscal year, additional credits |
| 874 | become available under subparagraph 2., the office shall grant |
| 875 | the tax credits by first granting to those who received a pro |
| 876 | rata reduction up to the full amount of their request and, if |
| 877 | there are remaining credits, granting credits to those who |
| 878 | applied on or after the 11th business day of the state fiscal |
| 879 | year on a first-come, first-served basis. |
| 880 | Section 11. Paragraph (f) of subsection (6) of section |
| 881 | 253.034, Florida Statutes, is amended to read: |
| 882 | 253.034 State-owned lands; uses.-- |
| 883 | (6) The Board of Trustees of the Internal Improvement |
| 884 | Trust Fund shall determine which lands, the title to which is |
| 885 | vested in the board, may be surplused. For conservation lands, |
| 886 | the board shall make a determination that the lands are no |
| 887 | longer needed for conservation purposes and may dispose of them |
| 888 | by an affirmative vote of at least three members. In the case of |
| 889 | a land exchange involving the disposition of conservation lands, |
| 890 | the board must determine by an affirmative vote of at least |
| 891 | three members that the exchange will result in a net positive |
| 892 | conservation benefit. For all other lands, the board shall make |
| 893 | a determination that the lands are no longer needed and may |
| 894 | dispose of them by an affirmative vote of at least three |
| 895 | members. |
| 896 | (f)1. In reviewing lands owned by the board, the council |
| 897 | shall consider whether such lands would be more appropriately |
| 898 | owned or managed by the county or other unit of local government |
| 899 | in which the land is located. The council shall recommend to the |
| 900 | board whether a sale, lease, or other conveyance to a local |
| 901 | government would be in the best interests of the state and local |
| 902 | government. The provisions of this paragraph in no way limit the |
| 903 | provisions of ss. 253.111 and 253.115. Such lands shall be |
| 904 | offered to the state, county, or local government for a period |
| 905 | of 30 days. Permittable uses for such surplus lands may include |
| 906 | public schools; public libraries; fire or law enforcement |
| 907 | substations; and governmental, judicial, or recreational |
| 908 | centers; and affordable housing meeting the criteria of s. |
| 909 | 420.0004(3). County or local government requests for surplus |
| 910 | lands shall be expedited throughout the surplusing process. If |
| 911 | the county or local government does not elect to purchase such |
| 912 | lands in accordance with s. 253.111, then any surplusing |
| 913 | determination involving other governmental agencies shall be |
| 914 | made upon the board deciding the best public use of the lands. |
| 915 | Surplus properties in which governmental agencies have expressed |
| 916 | no interest shall then be available for sale on the private |
| 917 | market. |
| 918 | 2. Notwithstanding subparagraph 1., any surplus lands that |
| 919 | were acquired by the state prior to 1958 by a gift or other |
| 920 | conveyance for no consideration from a municipality, and which |
| 921 | the department has filed by July 1, 2006, a notice of its intent |
| 922 | to surplus, shall be first offered for reconveyance to such |
| 923 | municipality at no cost, but for the fair market value of any |
| 924 | building or other improvements to the land, unless otherwise |
| 925 | provided in a deed restriction of record. This subparagraph |
| 926 | expires July 1, 2006. |
| 927 | Section 12. Section 253.0341, Florida Statutes, is amended |
| 928 | to read: |
| 929 | 253.0341 Surplus of state-owned lands to counties or local |
| 930 | governments.--Counties and local governments may submit |
| 931 | surplusing requests for state-owned lands directly to the board |
| 932 | of trustees. County or local government requests for the state |
| 933 | to surplus conservation or nonconservation lands, whether for |
| 934 | purchase or exchange, shall be expedited throughout the |
| 935 | surplusing process. Property jointly acquired by the state and |
| 936 | other entities shall not be surplused without the consent of all |
| 937 | joint owners. |
| 938 | (1) The decision to surplus state-owned nonconservation |
| 939 | lands may be made by the board without a review of, or a |
| 940 | recommendation on, the request from the Acquisition and |
| 941 | Restoration Council or the Division of State Lands. Such |
| 942 | requests for nonconservation lands shall be considered by the |
| 943 | board within 60 days of the board's receipt of the request. |
| 944 | (2) County or local government requests for the surplusing |
| 945 | of state-owned conservation lands are subject to review of, and |
| 946 | recommendation on, the request to the board by the Acquisition |
| 947 | and Restoration Council. Requests to surplus conservation lands |
| 948 | shall be considered by the board within 120 days of the board's |
| 949 | receipt of the request. |
| 950 | (3) A local government may request that state lands be |
| 951 | specifically declared surplus lands for the purpose of providing |
| 952 | affordable housing. The request shall comply with the |
| 953 | requirements of subsection (1) if the lands are nonconservation |
| 954 | lands or subsection (2) if the lands are conservation lands. |
| 955 | Surplus lands that are conveyed to a local government for |
| 956 | affordable housing shall be disposed of by the local government |
| 957 | under the provisions of s. 125.379 or s. 166.0451. |
| 958 | Section 13. Section 295.16, Florida Statutes, is amended |
| 959 | to read: |
| 960 | 295.16 Disabled veterans exempt from certain license or |
| 961 | permit fee.--No totally and permanently disabled veteran who is |
| 962 | a resident of Florida and honorably discharged from the Armed |
| 963 | Forces, who has been issued a valid identification card by the |
| 964 | Department of Veterans' Affairs in accordance with s. 295.17 or |
| 965 | has been determined by the United States Department of Veterans |
| 966 | Affairs or its predecessor to have a service-connected 100- |
| 967 | percent disability rating for compensation, or who has been |
| 968 | determined to have a service-connected disability rating of 100 |
| 969 | percent and is in receipt of disability retirement pay from any |
| 970 | branch of the uniformed armed services, shall be required to pay |
| 971 | any license or permit fee, by whatever name known, to any county |
| 972 | or municipality in order to make improvements upon a dwelling |
| 973 | mobile home owned by the veteran which is used as the veteran's |
| 974 | residence, provided such improvements are limited to ramps, |
| 975 | widening of doors, and similar improvements for the purpose of |
| 976 | making the dwelling mobile home habitable for veterans confined |
| 977 | to wheelchairs. |
| 978 | Section 14. Subsection (13) is added to section 376.30781, |
| 979 | Florida Statutes, to read: |
| 980 | 376.30781 Partial tax credits for rehabilitation of |
| 981 | drycleaning-solvent-contaminated sites and brownfield sites in |
| 982 | designated brownfield areas; application process; rulemaking |
| 983 | authority; revocation authority.-- |
| 984 | (13) An applicant that provides affordable housing meeting |
| 985 | the criteria of s. 420.0004(3) shall be considered eligible for |
| 986 | funding under this section if the applicant can certify that it |
| 987 | is a corporate affiliate or a subsidiary of a corporate parent, |
| 988 | that it has an agreement with the party that entered into a |
| 989 | voluntary cleanup agreement with the Department of Environmental |
| 990 | Protection for a drycleaning-solvent-contaminated site or a |
| 991 | brownfield site, or that it has a Brownfield Site Rehabilitation |
| 992 | Agreement. If the applicant can certify that it qualifies for |
| 993 | funding through such certification but has been denied tax |
| 994 | credits for that reason in the previous year, the applicant may |
| 995 | reapply in the following year one time for the total amount of |
| 996 | credits that were denied. |
| 997 | Section 15. Paragraphs (b) and (e) of subsection (19) of |
| 998 | section 380.06, Florida Statutes, are amended, and paragraph (i) |
| 999 | is 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 |
| 1003 | development of regional impact or development order condition |
| 1004 | which, either individually or cumulatively with other changes, |
| 1005 | exceeds any of the following criteria shall constitute a |
| 1006 | substantial deviation and shall cause the development to be |
| 1007 | subject to further development-of-regional-impact review without |
| 1008 | the necessity for a finding of same by the local government: |
| 1009 | 1. An increase in the number of parking spaces at an |
| 1010 | attraction or recreational facility by 5 percent or 300 spaces, |
| 1011 | whichever is greater, or an increase in the number of spectators |
| 1012 | that may be accommodated at such a facility by 5 percent or |
| 1013 | 1,000 spectators, whichever is greater. |
| 1014 | 2. A new runway, a new terminal facility, a 25-percent |
| 1015 | lengthening of an existing runway, or a 25-percent increase in |
| 1016 | the number of gates of an existing terminal, but only if the |
| 1017 | increase adds at least three additional gates. |
| 1018 | 3. An increase in the number of hospital beds by 5 percent |
| 1019 | or 60 beds, whichever is greater. |
| 1020 | 4. An increase in industrial development area by 5 percent |
| 1021 | or 32 acres, whichever is greater. |
| 1022 | 5. An increase in the average annual acreage mined by 5 |
| 1023 | percent or 10 acres, whichever is greater, or an increase in the |
| 1024 | average daily water consumption by a mining operation by 5 |
| 1025 | percent or 300,000 gallons, whichever is greater. An increase in |
| 1026 | the size of the mine by 5 percent or 750 acres, whichever is |
| 1027 | less. An increase in the size of a heavy mineral mine as defined |
| 1028 | in s. 378.403(7) will only constitute a substantial deviation if |
| 1029 | the average annual acreage mined is more than 500 acres and |
| 1030 | consumes more than 3 million gallons of water per day. |
| 1031 | 6. An increase in land area for office development by 5 |
| 1032 | percent or an increase of gross floor area of office development |
| 1033 | by 5 percent or 60,000 gross square feet, whichever is greater. |
| 1034 | 7. An increase in the storage capacity for chemical or |
| 1035 | petroleum storage facilities by 5 percent, 20,000 barrels, or 7 |
| 1036 | million pounds, whichever is greater. |
| 1037 | 8. An increase of development at a waterport of wet |
| 1038 | storage for 20 watercraft, dry storage for 30 watercraft, or |
| 1039 | wet/dry storage for 60 watercraft in an area identified in the |
| 1040 | state marina siting plan as an appropriate site for additional |
| 1041 | waterport development or a 5-percent increase in watercraft |
| 1042 | storage capacity, whichever is greater. |
| 1043 | 9. An increase in the number of dwelling units by 5 |
| 1044 | percent or 50 dwelling units, whichever is greater. |
| 1045 | 10. An increase in the number of dwelling units by 50 |
| 1046 | percent, or 200 units, whichever is greater, provided that 15 |
| 1047 | percent of the proposed additional dwelling units are dedicated |
| 1048 | to affordable housing, subject to a recorded land use |
| 1049 | restriction that shall be for a period of not less than 20 years |
| 1050 | and that includes resale provisions to ensure long-term |
| 1051 | affordability for income-eligible homeowners and renters and |
| 1052 | provisions for the workforce housing to be commenced prior to |
| 1053 | the completion of 50 percent of the market rate dwelling. For |
| 1054 | purposes of this subparagraph, the term "affordable workforce |
| 1055 | housing" means housing that is affordable to a person who earns |
| 1056 | less than 120 percent of the area median income, or less than |
| 1057 | 140 percent of the area median income if located in a county in |
| 1058 | which the median purchase price for a single-family existing |
| 1059 | home exceeds the statewide median purchase price of a single- |
| 1060 | family existing home. For purposes of this subparagraph, the |
| 1061 | term "statewide median purchase price of a single-family |
| 1062 | existing home" means the statewide purchase price as determined |
| 1063 | in the Florida Sales Report, Single-Family Existing Homes, |
| 1064 | released each January by the Florida Association of Realtors and |
| 1065 | the University of Florida Real Estate Research Center. |
| 1066 | 11.10. An increase in commercial development by 50,000 |
| 1067 | square feet of gross floor area or of parking spaces provided |
| 1068 | for customers for 300 cars or a 5-percent increase of either of |
| 1069 | these, whichever is greater. |
| 1070 | 12.11. An increase in hotel or motel facility units by 5 |
| 1071 | percent or 75 units, whichever is greater. |
| 1072 | 13.12. An increase in a recreational vehicle park area by |
| 1073 | 5 percent or 100 vehicle spaces, whichever is less. |
| 1074 | 14.13. A decrease in the area set aside for open space of |
| 1075 | 5 percent or 20 acres, whichever is less. |
| 1076 | 15.14. A proposed increase to an approved multiuse |
| 1077 | development of regional impact where the sum of the increases of |
| 1078 | each land use as a percentage of the applicable substantial |
| 1079 | deviation criteria is equal to or exceeds 100 percent. The |
| 1080 | percentage of any decrease in the amount of open space shall be |
| 1081 | treated as an increase for purposes of determining when 100 |
| 1082 | percent has been reached or exceeded. |
| 1083 | 16.15. A 15-percent increase in the number of external |
| 1084 | vehicle trips generated by the development above that which was |
| 1085 | projected during the original development-of-regional-impact |
| 1086 | review. |
| 1087 | 17.16. Any change which would result in development of any |
| 1088 | area which was specifically set aside in the application for |
| 1089 | development approval or in the development order for |
| 1090 | preservation or special protection of endangered or threatened |
| 1091 | plants or animals designated as endangered, threatened, or |
| 1092 | species of special concern and their habitat, primary dunes, or |
| 1093 | archaeological and historical sites designated as significant by |
| 1094 | the Division of Historical Resources of the Department of State. |
| 1095 | The further refinement of such areas by survey shall be |
| 1096 | considered under sub-subparagraph (e)5.b. |
| 1097 |
|
| 1098 | The substantial deviation numerical standards in subparagraphs |
| 1099 | 4., 6., 10., 11., and 15. 14., excluding residential uses, and |
| 1100 | 16. 15., are increased by 100 percent for a project certified |
| 1101 | under s. 403.973 which creates jobs and meets criteria |
| 1102 | established by the Office of Tourism, Trade, and Economic |
| 1103 | Development as to its impact on an area's economy, employment, |
| 1104 | and prevailing wage and skill levels. The substantial deviation |
| 1105 | numerical standards in subparagraphs 4., 6., 9., 10., 11., 12., |
| 1106 | and 15. 14. are increased by 50 percent for a project located |
| 1107 | wholly within an urban infill and redevelopment area designated |
| 1108 | on the applicable adopted local comprehensive plan future land |
| 1109 | use map and not located within the coastal high hazard area. |
| 1110 | (e)1. Except for a development order rendered pursuant to |
| 1111 | subsection (22) or subsection (25), a proposed change to a |
| 1112 | development order that individually or cumulatively with any |
| 1113 | previous change is less than any numerical criterion contained |
| 1114 | in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any |
| 1115 | other criterion, or that involves an extension of the buildout |
| 1116 | date of a development, or any phase thereof, of less than 5 |
| 1117 | years is not subject to the public hearing requirements of |
| 1118 | subparagraph (f)3., and is not subject to a determination |
| 1119 | pursuant to subparagraph (f)5. Notice of the proposed change |
| 1120 | shall be made to the regional planning council and the state |
| 1121 | land planning agency. Such notice shall include a description of |
| 1122 | previous individual changes made to the development, including |
| 1123 | changes previously approved by the local government, and shall |
| 1124 | include appropriate amendments to the development order. |
| 1125 | 2. The following changes, individually or cumulatively |
| 1126 | with any previous changes, are not substantial deviations: |
| 1127 | a. Changes in the name of the project, developer, owner, |
| 1128 | or monitoring official. |
| 1129 | b. Changes to a setback that do not affect noise buffers, |
| 1130 | environmental protection or mitigation areas, or archaeological |
| 1131 | or historical resources. |
| 1132 | c. Changes to minimum lot sizes. |
| 1133 | d. Changes in the configuration of internal roads that do |
| 1134 | not affect external access points. |
| 1135 | e. Changes to the building design or orientation that stay |
| 1136 | approximately within the approved area designated for such |
| 1137 | building and parking lot, and which do not affect historical |
| 1138 | buildings designated as significant by the Division of |
| 1139 | Historical Resources of the Department of State. |
| 1140 | f. Changes to increase the acreage in the development, |
| 1141 | provided that no development is proposed on the acreage to be |
| 1142 | added. |
| 1143 | g. Changes to eliminate an approved land use, provided |
| 1144 | that there are no additional regional impacts. |
| 1145 | h. Changes required to conform to permits approved by any |
| 1146 | federal, state, or regional permitting agency, provided that |
| 1147 | these changes do not create additional regional impacts. |
| 1148 | i. Any renovation or redevelopment of development within a |
| 1149 | previously approved development of regional impact which does |
| 1150 | not change land use or increase density or intensity of use. |
| 1151 | j. Any other change which the state land planning agency |
| 1152 | agrees in writing is similar in nature, impact, or character to |
| 1153 | the changes enumerated in sub-subparagraphs a.-i. and which does |
| 1154 | not create the likelihood of any additional regional impact. |
| 1155 |
|
| 1156 | This subsection does not require a development order amendment |
| 1157 | for any change listed in sub-subparagraphs a.-j. unless such |
| 1158 | issue is addressed either in the existing development order or |
| 1159 | in the application for development approval, but, in the case of |
| 1160 | the application, only if, and in the manner in which, the |
| 1161 | application is incorporated in the development order. |
| 1162 | 3. Except for the change authorized by sub-subparagraph |
| 1163 | 2.f., any addition of land not previously reviewed or any change |
| 1164 | not specified in paragraph (b) or paragraph (c) shall be |
| 1165 | presumed to create a substantial deviation. This presumption may |
| 1166 | be rebutted by clear and convincing evidence. |
| 1167 | 4. Any submittal of a proposed change to a previously |
| 1168 | approved development shall include a description of individual |
| 1169 | changes previously made to the development, including changes |
| 1170 | previously approved by the local government. The local |
| 1171 | government shall consider the previous and current proposed |
| 1172 | changes in deciding whether such changes cumulatively constitute |
| 1173 | a substantial deviation requiring further development-of- |
| 1174 | regional-impact review. |
| 1175 | 5. The following changes to an approved development of |
| 1176 | regional impact shall be presumed to create a substantial |
| 1177 | deviation. Such presumption may be rebutted by clear and |
| 1178 | convincing evidence. |
| 1179 | a. A change proposed for 15 percent or more of the acreage |
| 1180 | to a land use not previously approved in the development order. |
| 1181 | Changes of less than 15 percent shall be presumed not to create |
| 1182 | a 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 |
| 1185 | of any area which was specifically set aside in the application |
| 1186 | for development approval or in the development order for |
| 1187 | preservation, buffers, or special protection, including habitat |
| 1188 | for plant and animal species, archaeological and historical |
| 1189 | sites, dunes, and other special areas. |
| 1190 | c. Notwithstanding any provision of paragraph (b) to the |
| 1191 | contrary, a proposed change consisting of simultaneous increases |
| 1192 | and decreases of at least two of the uses within an authorized |
| 1193 | multiuse development of regional impact which was originally |
| 1194 | approved 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 |
| 1197 | units shall not constitute a substantial deviation and shall not |
| 1198 | be subject to development-of-regional-impact review for |
| 1199 | additional impacts, provided that all the residential dwelling |
| 1200 | units are dedicated to affordable workforce housing, subject to |
| 1201 | a recorded land use restriction that shall be for a period of |
| 1202 | not less than 20 years and that includes resale provisions to |
| 1203 | ensure long-term affordability for income-eligible homeowners |
| 1204 | and renters. For purposes of this paragraph, the term |
| 1205 | "affordable workforce housing" means housing that is affordable |
| 1206 | to a person who earns less than 120 percent of the area median |
| 1207 | income, or less than 140 percent of the area median income if |
| 1208 | located in a county in which the median purchase price for a |
| 1209 | single-family existing home exceeds the statewide median |
| 1210 | purchase price of a single-family existing home. For purposes of |
| 1211 | this paragraph, the term "statewide median purchase price of a |
| 1212 | single-family existing home" means the statewide purchase price |
| 1213 | as determined in the Florida Sales Report, Single-Family |
| 1214 | Existing Homes, released each January by the Florida Association |
| 1215 | of Realtors and the University of Florida Real Estate Research |
| 1216 | Center. |
| 1217 | Section 16. Paragraph (k) of subsection (3) of section |
| 1218 | 380.0651, Florida Statutes, is redesignated as paragraph (l), |
| 1219 | and 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 |
| 1222 | be applied in the manner described in s. 380.06(2) to determine |
| 1223 | whether the following developments shall be required to undergo |
| 1224 | development-of-regional-impact review: |
| 1225 | (k) Workforce housing.--The applicable guidelines for |
| 1226 | residential development and the residential component for |
| 1227 | multiuse development shall be increased by 50 percent where the |
| 1228 | developer demonstrates that at least 15 percent of the total |
| 1229 | residential dwelling units authorized within the development of |
| 1230 | regional impact will be dedicated to affordable workforce |
| 1231 | housing, subject to a recorded land use restriction that shall |
| 1232 | be for a period of not less than 20 years and that includes |
| 1233 | resale provisions to ensure long-term affordability for income- |
| 1234 | eligible homeowners and renters and provisions for the workforce |
| 1235 | housing to be commenced prior to the completion of 50 percent of |
| 1236 | the market rate dwelling. For purposes of this paragraph, the |
| 1237 | term "affordable workforce housing" means housing that is |
| 1238 | affordable to a person who earns less than 120 percent of the |
| 1239 | area median income, or less than 140 percent of the area median |
| 1240 | income if located in a county in which the median purchase price |
| 1241 | for a single-family existing home exceeds the statewide median |
| 1242 | purchase price of a single-family existing home. For the |
| 1243 | purposes of this paragraph, the term "statewide median purchase |
| 1244 | price of a single-family existing home" means the statewide |
| 1245 | purchase price as determined in the Florida Sales Report, |
| 1246 | Single-Family Existing Homes, released each January by the |
| 1247 | Florida Association of Realtors and the University of Florida |
| 1248 | Real Estate Research Center. |
| 1249 | Section 17. Section 420.0004, Florida Statutes, is amended |
| 1250 | to read: |
| 1251 | 420.0004 Definitions.--As used in this part, unless the |
| 1252 | context otherwise indicates: |
| 1253 | (1) "Adjusted for family size" means adjusted in a manner |
| 1254 | which results in an income eligibility level which is lower for |
| 1255 | households with fewer than four people, or higher for households |
| 1256 | with more than four people, than the base income eligibility |
| 1257 | determined as provided in subsection (8), subsection (10) (9), |
| 1258 | subsection (11) (10), or subsection (15) (14), based upon a |
| 1259 | formula as established by the United States Department of |
| 1260 | Housing and Urban Development. |
| 1261 | (2) "Adjusted gross income" means all wages, assets, |
| 1262 | regular cash or noncash contributions or gifts from persons |
| 1263 | outside the household, and such other resources and benefits as |
| 1264 | may be determined to be income by the United States Department |
| 1265 | of Housing and Urban Development, adjusted for family size, less |
| 1266 | deductions allowable under s. 62 of the Internal Revenue Code. |
| 1267 | (3) "Affordable" means that monthly rents or monthly |
| 1268 | mortgage payments including taxes, insurance, and utilities do |
| 1269 | not exceed 30 percent of that amount which represents the |
| 1270 | percentage of the median adjusted gross annual income for the |
| 1271 | households as indicated in subsection (8), subsection (10) (9), |
| 1272 | subsection (11) (10), or subsection (15) (14). |
| 1273 | (4) "Corporation" means the Florida Housing Finance |
| 1274 | Corporation. |
| 1275 | (5) "Community-based organization" or "nonprofit |
| 1276 | organization" means a private corporation organized under |
| 1277 | chapter 617 to assist in the provision of housing and related |
| 1278 | services on a not-for-profit basis and which is acceptable to |
| 1279 | federal and state agencies and financial institutions as a |
| 1280 | sponsor of low-income housing. |
| 1281 | (6) "Department" means the Department of Community |
| 1282 | Affairs. |
| 1283 | (7) "Elderly" describes persons 62 years of age or older. |
| 1284 | (8) "Extremely-low-income persons" means one or more |
| 1285 | natural persons or a family whose total annual household income |
| 1286 | does not exceed 30 percent of the median annual adjusted gross |
| 1287 | income for households within the state. The Florida Housing |
| 1288 | Finance Corporation may adjust this amount annually by rule to |
| 1289 | provide that in lower income counties, extremely-low-income may |
| 1290 | exceed 30 percent of area median income and that in higher |
| 1291 | income counties, extremely-low-income may be less than 30 |
| 1292 | percent of area median income. |
| 1293 | (9)(8) "Local public body" means any county, municipality, |
| 1294 | or other political subdivision, or any housing authority as |
| 1295 | provided by chapter 421, which is eligible to sponsor or develop |
| 1296 | housing for farmworkers and very-low-income and low-income |
| 1297 | persons within its jurisdiction. |
| 1298 | (10)(9) "Low-income persons" means one or more natural |
| 1299 | persons or a family, the total annual adjusted gross household |
| 1300 | income of which does not exceed 80 percent of the median annual |
| 1301 | adjusted gross income for households within the state, or 80 |
| 1302 | percent of the median annual adjusted gross income for |
| 1303 | households within the metropolitan statistical area (MSA) or, if |
| 1304 | not within an MSA, within the county in which the person or |
| 1305 | family resides, whichever is greater. |
| 1306 | (11)(10) "Moderate-income persons" means one or more |
| 1307 | natural persons or a family, the total annual adjusted gross |
| 1308 | household income of which is less than 120 percent of the median |
| 1309 | annual adjusted gross income for households within the state, or |
| 1310 | 120 percent of the median annual adjusted gross income for |
| 1311 | households within the metropolitan statistical area (MSA) or, if |
| 1312 | not within an MSA, within the county in which the person or |
| 1313 | family resides, whichever is greater. |
| 1314 | (12)(11) "Student" means any person not living with his or |
| 1315 | her parent or guardian who is eligible to be claimed by his or |
| 1316 | her parent or guardian as a dependent under the federal income |
| 1317 | tax code and who is enrolled on at least a half-time basis in a |
| 1318 | secondary school, career center, community college, college, or |
| 1319 | university. |
| 1320 | (13)(12) "Substandard" means: |
| 1321 | (a) Any unit lacking complete plumbing or sanitary |
| 1322 | facilities for the exclusive use of the occupants; |
| 1323 | (b) A unit which is in violation of one or more major |
| 1324 | sections of an applicable housing code and where such violation |
| 1325 | poses a serious threat to the health of the occupant; or |
| 1326 | (c) A unit that has been declared unfit for human |
| 1327 | habitation but that could be rehabilitated for less than 50 |
| 1328 | percent of the property value. |
| 1329 | (14)(13) "Substantial rehabilitation" means repair or |
| 1330 | restoration of a dwelling unit where the value of such repair or |
| 1331 | restoration exceeds 40 percent of the value of the dwelling. |
| 1332 | (15)(14) "Very-low-income persons" means one or more |
| 1333 | natural persons or a family, not including students, the total |
| 1334 | annual adjusted gross household income of which does not exceed |
| 1335 | 50 percent of the median annual adjusted gross income for |
| 1336 | households within the state, or 50 percent of the median annual |
| 1337 | adjusted gross income for households within the metropolitan |
| 1338 | statistical area (MSA) or, if not within an MSA, within the |
| 1339 | county in which the person or family resides, whichever is |
| 1340 | greater. |
| 1341 | Section 18. Sections 420.37 and 420.530, Florida Statutes, |
| 1342 | are repealed. |
| 1343 | Section 19. Subsection (18) of section 420.503, Florida |
| 1344 | Statutes, 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 |
| 1347 | seasonal, temporary, or permanent basis in the planting, |
| 1348 | cultivating, harvesting, or processing of agricultural or |
| 1349 | aquacultural products and who derived at least 50 percent of her |
| 1350 | or his income in the immediately preceding 12 months from such |
| 1351 | employment. |
| 1352 | (b) "Farmworker" also includes a person who has retired as |
| 1353 | a laborer due to age, disability, or illness. In order to be |
| 1354 | considered retired as a farmworker due to age under this part, a |
| 1355 | person must be 50 years of age or older and must have been |
| 1356 | employed for a minimum of 5 years as a farmworker before |
| 1357 | retirement. In order to be considered retired as a farmworker |
| 1358 | due to disability or illness, a person must: |
| 1359 | 1.(a) Establish medically that she or he is unable to be |
| 1360 | employed as a farmworker due to that disability or illness. |
| 1361 | 2.(b) Establish that she or he was previously employed as |
| 1362 | a farmworker. |
| 1363 | (c) Notwithstanding paragraphs (a) and (b), when |
| 1364 | corporation-administered funds are used in conjunction with |
| 1365 | United States Department of Agriculture Rural Development funds, |
| 1366 | the term "farmworker" may mean a laborer who meets, at a |
| 1367 | minimum, the definition of "domestic farm laborer" as found in 7 |
| 1368 | C.F.R. s. 3560.11, as amended. The corporation may establish |
| 1369 | additional criteria by rule. |
| 1370 | Section 20. Section 420.5061, Florida Statutes, is amended |
| 1371 | to read: |
| 1372 | 420.5061 Transfer of agency assets and |
| 1373 | liabilities.--Effective January 1, 1998, all assets and |
| 1374 | liabilities and rights and obligations, including any |
| 1375 | outstanding contractual obligations, of the agency shall be |
| 1376 | transferred to the corporation as legal successor in all |
| 1377 | respects to the agency. The corporation shall thereupon become |
| 1378 | obligated to the same extent as the agency under any existing |
| 1379 | agreements and be entitled to any rights and remedies previously |
| 1380 | afforded the agency by law or contract, including specifically |
| 1381 | the rights of the agency under chapter 201 and part VI of |
| 1382 | chapter 159. The corporation is a state agency for purposes of |
| 1383 | s. 159.807(4)(a). Effective January 1, 1998, all references |
| 1384 | under Florida law to the agency are deemed to mean the |
| 1385 | corporation. The corporation shall transfer to the General |
| 1386 | Revenue Fund an amount which otherwise would have been deducted |
| 1387 | as a service charge pursuant to s. 215.20(1) if the Florida |
| 1388 | Housing Finance Corporation Fund established by s. 420.508(5), |
| 1389 | the State Apartment Incentive Loan Fund established by s. |
| 1390 | 420.5087(7), the Florida Homeownership Assistance Fund |
| 1391 | established by s. 420.5088(4)(5), the HOME Investment |
| 1392 | Partnership Fund established by s. 420.5089(1), and the Housing |
| 1393 | Predevelopment Loan Fund established by s. 420.525(1) were each |
| 1394 | trust funds. For purposes of s. 112.313, the corporation is |
| 1395 | deemed to be a continuation of the agency, and the provisions |
| 1396 | thereof are deemed to apply as if the same entity remained in |
| 1397 | place. Any employees of the agency and agency board members |
| 1398 | covered by s. 112.313(9)(a)6. shall continue to be entitled to |
| 1399 | the exemption in that subparagraph, notwithstanding being hired |
| 1400 | by the corporation or appointed as board members of the |
| 1401 | corporation. Effective January 1, 1998, all state property in |
| 1402 | use by the agency shall be transferred to and become the |
| 1403 | property of the corporation. |
| 1404 | Section 21. Subsections (22), (23), and (40) of section |
| 1405 | 420.507, 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 |
| 1408 | have all the powers necessary or convenient to carry out and |
| 1409 | effectuate the purposes and provisions of this part, including |
| 1410 | the following powers which are in addition to all other powers |
| 1411 | granted by other provisions of this part: |
| 1412 | (22) To develop and administer the State Apartment |
| 1413 | Incentive Loan Program. In developing and administering that |
| 1414 | program, the corporation may: |
| 1415 | (a) Make first, second, and other subordinated mortgage |
| 1416 | loans including variable or fixed rate loans subject to |
| 1417 | contingent interest for all State Apartment Incentive Loans |
| 1418 | provided for in this chapter based upon available cash flow of |
| 1419 | the projects. The corporation shall make loans exceeding 25 |
| 1420 | percent of project cost available only to nonprofit |
| 1421 | organizations and public bodies which are able to secure grants, |
| 1422 | donations of land, or contributions from other sources and to |
| 1423 | projects meeting the criteria of subparagraph 1. Mortgage loans |
| 1424 | shall be made available at the following rates of interest: |
| 1425 | 1. Zero to 3 percent interest for sponsors of projects |
| 1426 | that set aside at least maintain an 80 percent occupancy of |
| 1427 | their total units for residents qualifying as farmworkers as |
| 1428 | defined in this part s. 420.503(18), or commercial fishing |
| 1429 | workers as defined in this part s. 420.503(5), or the homeless |
| 1430 | as 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 |
| 1432 | of units set aside for homeless residents if the total of such |
| 1433 | units is less than 80 percent of the units in the borrower's |
| 1434 | project. |
| 1435 | 3. One Three to 9 percent interest for sponsors of |
| 1436 | projects targeted at populations other than farmworkers, |
| 1437 | commercial fishing workers, and the homeless. |
| 1438 | (b) Make loans exceeding 25 percent of project cost when |
| 1439 | the project serves extremely-low-income persons. |
| 1440 | (c) Forgive indebtedness for a share of the loan |
| 1441 | attributable to the units in a project reserved for extremely- |
| 1442 | low-income persons. |
| 1443 | (d)(b) Geographically and demographically target the |
| 1444 | utilization of loans. |
| 1445 | (e)(c) Underwrite credit, and reject projects which do not |
| 1446 | meet the established standards of the corporation. |
| 1447 | (f)(d) Negotiate with governing bodies within the state |
| 1448 | after a loan has been awarded to obtain local government |
| 1449 | contributions. |
| 1450 | (g)(e) Inspect any records of a sponsor at any time during |
| 1451 | the life of the loan or the agreed period for maintaining the |
| 1452 | provisions of s. 420.5087. |
| 1453 | (h)(f) Establish, by rule, the procedure for evaluating, |
| 1454 | scoring, and competitively ranking all applications based on the |
| 1455 | criteria set forth in s. 420.5087(6)(c); determining actual loan |
| 1456 | amounts; making and servicing loans; and exercising the powers |
| 1457 | authorized in this subsection. |
| 1458 | (i)(g) Establish a loan loss insurance reserve to be used |
| 1459 | to protect the outstanding program investment in case of a |
| 1460 | default, deed in lieu of foreclosure, or foreclosure of a |
| 1461 | program loan. |
| 1462 | (23) To develop and administer the Florida Homeownership |
| 1463 | Assistance Program. In developing and administering the program, |
| 1464 | the corporation may: |
| 1465 | (a)1. Make subordinated loans to eligible borrowers for |
| 1466 | down payments or closing costs related to the purchase of the |
| 1467 | borrower's primary residence. |
| 1468 | 2. Make permanent loans to eligible borrowers related to |
| 1469 | the purchase of the borrower's primary residence. |
| 1470 | 3. Make subordinated loans to nonprofit sponsors or |
| 1471 | developers of housing for purchase of property, for |
| 1472 | construction, or for financing of housing to be offered for sale |
| 1473 | to eligible borrowers as a primary residence at an affordable |
| 1474 | price. |
| 1475 | (b) Establish a loan loss insurance reserve to supplement |
| 1476 | existing sources of mortgage insurance with appropriated funds. |
| 1477 | (c) Geographically and demographically target the |
| 1478 | utilization of loans. |
| 1479 | (d) Defer repayment of loans for the term of the first |
| 1480 | mortgage. |
| 1481 | (e) Establish flexible terms for loans with an interest |
| 1482 | rate not to exceed 3 percent per annum and which are |
| 1483 | nonamortizing for the term of the first mortgage. |
| 1484 | (f) Require repayment of loans upon sale, transfer, |
| 1485 | refinancing, or rental of secured property, unless otherwise |
| 1486 | approved by the corporation. |
| 1487 | (g) Accelerate a loan for monetary default, for failure to |
| 1488 | provide the benefits of the loans to eligible borrowers, or for |
| 1489 | violation of any other restriction placed upon the loan. |
| 1490 | (h) Adopt rules for the program and exercise the powers |
| 1491 | authorized in this subsection. |
| 1492 | (40) To establish subsidiary business entities |
| 1493 | corporations for the purpose of taking title to and managing and |
| 1494 | disposing of property acquired by the corporation. Such |
| 1495 | subsidiary business entities corporations shall be public |
| 1496 | business entities corporations wholly owned by the corporation; |
| 1497 | shall be entitled to own, mortgage, and sell property on the |
| 1498 | same basis as the corporation; and shall be deemed business |
| 1499 | entities corporations primarily acting as an agent agents of the |
| 1500 | state, within the meaning of s. 768.28, on the same basis as the |
| 1501 | corporation. Any subsidiary business entity created by the |
| 1502 | corporation shall be subject to chapters 119, 120, and 286 to |
| 1503 | the same extent as the corporation. The subsidiary business |
| 1504 | entities shall have authority to make rules necessary to conduct |
| 1505 | business and to carry out the purposes of this subsection. |
| 1506 | (44) To adopt rules for the intervention and negotiation |
| 1507 | of terms or other actions necessary to further program goals or |
| 1508 | avoid default of a program loan. Such rules must consider fiscal |
| 1509 | program goals and the preservation or advancement of affordable |
| 1510 | housing for the state. |
| 1511 | (45) To establish by rule requirements for periodic |
| 1512 | reporting of data, including, but not limited to, financial |
| 1513 | data, housing market data, detailed economic and physical |
| 1514 | occupancy on multifamily projects, and demographic data on all |
| 1515 | housing financed through corporation programs and for |
| 1516 | participation in a housing locator system. |
| 1517 | Section 22. Subsections (1), (3), (5), and (6) of section |
| 1518 | 420.5087, Florida Statutes, are amended to read: |
| 1519 | 420.5087 State Apartment Incentive Loan Program.--There is |
| 1520 | hereby created the State Apartment Incentive Loan Program for |
| 1521 | the purpose of providing first, second, or other subordinated |
| 1522 | mortgage loans or loan guarantees to sponsors, including for- |
| 1523 | profit, nonprofit, and public entities, to provide housing |
| 1524 | affordable to very-low-income persons. |
| 1525 | (1) Program funds shall be distributed over successive 3- |
| 1526 | year periods in a manner that meets the need and demand for |
| 1527 | very-low-income housing throughout the state. That need and |
| 1528 | demand must be determined by using the most recent statewide |
| 1529 | low-income rental housing market studies available at the |
| 1530 | beginning of each 3-year period. However, at least 10 percent of |
| 1531 | the program funds distributed during a 3-year period must be |
| 1532 | allocated to each of the following categories of counties, as |
| 1533 | determined by using the population statistics published in the |
| 1534 | most recent edition of the Florida Statistical Abstract: |
| 1535 | (a) Counties that have a population of 825,000 or more. |
| 1536 | more than 500,000 people; |
| 1537 | (b) Counties that have a population of more than between |
| 1538 | 100,000 but less than 825,000. and 500,000 people; and |
| 1539 | (c) Counties that have a population of 100,000 or less. |
| 1540 |
|
| 1541 | Any increase in funding required to reach the 10-percent minimum |
| 1542 | shall be taken from the county category that has the largest |
| 1543 | allocation. The corporation shall adopt rules which establish an |
| 1544 | equitable process for distributing any portion of the 10 percent |
| 1545 | of program funds allocated to the county categories specified in |
| 1546 | this subsection which remains unallocated at the end of a 3-year |
| 1547 | period. Counties that have a population of 100,000 or less shall |
| 1548 | be given preference under these rules. |
| 1549 | (3) During the first 6 months of loan or loan guarantee |
| 1550 | availability, program funds shall be reserved for use by |
| 1551 | sponsors who provide the housing set-aside required in |
| 1552 | subsection (2) for the tenant groups designated in this |
| 1553 | subsection. The reservation of funds to each of these groups |
| 1554 | shall be determined using the most recent statewide very-low- |
| 1555 | income rental housing market study available at the time of |
| 1556 | publication of each notice of fund availability required by |
| 1557 | paragraph (6)(b). The reservation of funds within each notice of |
| 1558 | fund availability to the tenant groups in paragraphs (a), (b), |
| 1559 | and (d) may not be less than 10 percent of the funds available |
| 1560 | at that time. Any increase in funding required to reach the 10- |
| 1561 | percent minimum shall be taken from the tenant group that has |
| 1562 | the largest reservation. The reservation of funds within each |
| 1563 | notice of fund availability to the tenant group in paragraph (c) |
| 1564 | may not be less than 5 percent of the funds available at that |
| 1565 | time. 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 |
| 1570 | for the elderly shall be reserved to provide loans to sponsors |
| 1571 | of housing for the elderly for the purpose of making building |
| 1572 | preservation, health, or sanitation repairs or improvements |
| 1573 | which are required by federal, state, or local regulation or |
| 1574 | code, or lifesafety or security-related repairs or improvements |
| 1575 | to such housing. Such a loan may not exceed $750,000 per housing |
| 1576 | community for the elderly. In order to receive the loan, the |
| 1577 | sponsor of the housing community must make a commitment to match |
| 1578 | at least 5 15 percent of the loan amount to pay the cost of such |
| 1579 | repair or improvement. The corporation shall establish the rate |
| 1580 | of interest on the loan, which may not exceed 3 percent, and the |
| 1581 | term of the loan, which may not exceed 15 years; however, if the |
| 1582 | lien of the corporation's encumbrance is subordinate to the lien |
| 1583 | of another mortgagee, then the term may be made coterminous with |
| 1584 | the longest term of the superior lien. The term of the loan |
| 1585 | shall be established on the basis of a credit analysis of the |
| 1586 | applicant. The corporation shall establish, by rule, the |
| 1587 | procedure and criteria for receiving, evaluating, and |
| 1588 | competitively ranking all applications for loans under this |
| 1589 | paragraph. A loan application must include evidence of the first |
| 1590 | mortgagee's having reviewed and approved the sponsor's intent to |
| 1591 | apply for a loan. A nonprofit organization or sponsor may not |
| 1592 | use the proceeds of the loan to pay for administrative costs, |
| 1593 | routine maintenance, or new construction. |
| 1594 | (5) The amount of the mortgage provided under this program |
| 1595 | combined with any other mortgage in a superior position shall be |
| 1596 | less than the value of the project without the housing set-aside |
| 1597 | required by subsection (2). However, the corporation may waive |
| 1598 | this requirement for projects in rural areas or urban infill |
| 1599 | areas which have market rate rents that are less than the |
| 1600 | allowable rents pursuant to applicable state and federal |
| 1601 | guidelines, and for projects which reserve units for extremely- |
| 1602 | low-income persons. In no event shall the mortgage provided |
| 1603 | under this program combined with any other mortgage in a |
| 1604 | superior position exceed total project cost. |
| 1605 | (6) On all state apartment incentive loans, except loans |
| 1606 | made to housing communities for the elderly to provide for |
| 1607 | lifesafety, building preservation, health, sanitation, or |
| 1608 | security-related repairs or improvements, the following |
| 1609 | provisions shall apply: |
| 1610 | (a) The corporation shall establish two interest rates in |
| 1611 | accordance with s. 420.507(22)(a)1. and 3. 2. |
| 1612 | (b) The corporation shall publish a notice of fund |
| 1613 | availability in a publication of general circulation throughout |
| 1614 | the state. Such notice shall be published at least 60 days prior |
| 1615 | to the application deadline and shall provide notice of the |
| 1616 | temporary reservations of funds established in subsection (3). |
| 1617 | (c) The corporation shall provide by rule for the |
| 1618 | establishment of a review committee composed of the department |
| 1619 | and corporation staff and shall establish by rule a scoring |
| 1620 | system for evaluation and competitive ranking of applications |
| 1621 | submitted in this program, including, but not limited to, the |
| 1622 | following criteria: |
| 1623 | 1. Tenant income and demographic targeting objectives of |
| 1624 | the corporation. |
| 1625 | 2. Targeting objectives of the corporation which will |
| 1626 | ensure an equitable distribution of loans between rural and |
| 1627 | urban areas. |
| 1628 | 3. Sponsor's agreement to reserve the units for persons or |
| 1629 | families who have incomes below 50 percent of the state or local |
| 1630 | median income, whichever is higher, for a time period to exceed |
| 1631 | the minimum required by federal law or the provisions of this |
| 1632 | part. |
| 1633 | 4. Sponsor's agreement to reserve more than: |
| 1634 | a. Twenty percent of the units in the project for persons |
| 1635 | or families who have incomes that do not exceed 50 percent of |
| 1636 | the state or local median income, whichever is higher; or |
| 1637 | b. Forty percent of the units in the project for persons |
| 1638 | or families who have incomes that do not exceed 60 percent of |
| 1639 | the state or local median income, whichever is higher, without |
| 1640 | requiring a greater amount of the loans as provided in this |
| 1641 | section. |
| 1642 | 5. Provision for tenant counseling. |
| 1643 | 6. Sponsor's agreement to accept rental assistance |
| 1644 | certificates or vouchers as payment for rent; however, when |
| 1645 | certificates or vouchers are accepted as payment for rent on |
| 1646 | units set aside pursuant to subsection (2), the benefit must be |
| 1647 | divided between the corporation and the sponsor, as provided by |
| 1648 | corporation rule. |
| 1649 | 7. Projects requiring the least amount of a state |
| 1650 | apartment incentive loan compared to overall project cost except |
| 1651 | that the share of the loan attributable to units serving |
| 1652 | extremely-low-income persons shall be excluded from this |
| 1653 | requirement. |
| 1654 | 8. Local government contributions and local government |
| 1655 | comprehensive planning and activities that promote affordable |
| 1656 | housing. |
| 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- |
| 1663 | work transitioning. |
| 1664 | 15. Projects that reserve units for extremely-low-income |
| 1665 | persons. |
| 1666 | (d) The corporation may reject any and all applications. |
| 1667 | (e) The corporation may approve and reject applications |
| 1668 | for the purpose of achieving geographic targeting. |
| 1669 | (f) The review committee established by corporation rule |
| 1670 | pursuant to this subsection shall make recommendations to the |
| 1671 | board of directors of the corporation regarding program |
| 1672 | participation under the State Apartment Incentive Loan Program. |
| 1673 | The corporation board shall make the final ranking and the |
| 1674 | decisions regarding which applicants shall become program |
| 1675 | participants based on the scores received in the competitive |
| 1676 | ranking, further review of applications, and the recommendations |
| 1677 | of the review committee. The corporation board shall approve or |
| 1678 | reject applications for loans and shall determine the tentative |
| 1679 | loan amount available to each applicant selected for |
| 1680 | participation in the program. The actual loan amount shall be |
| 1681 | determined pursuant to rule adopted pursuant to s. |
| 1682 | 420.507(22)(h)(f). |
| 1683 | (g) The loan term shall be for a period of not more than |
| 1684 | 15 years; however, if both a program loan and federal low-income |
| 1685 | housing tax credits are to be used to assist a project, the |
| 1686 | corporation may set the loan term for a period commensurate with |
| 1687 | the investment requirements associated with the tax credit |
| 1688 | syndication. The term of the loan may also exceed 15 years; |
| 1689 | however, if the lien of the corporation's encumbrance is |
| 1690 | subordinate to the lien of another mortgagee, then the term may |
| 1691 | be made coterminous with the longest term of the superior lien |
| 1692 | necessary to conform to requirements of the Federal National |
| 1693 | Mortgage Association. The corporation may renegotiate and extend |
| 1694 | the loan in order to extend the availability of housing for the |
| 1695 | targeted population. The term of a loan may not extend beyond |
| 1696 | the period for which the sponsor agrees to provide the housing |
| 1697 | set-aside required by subsection (2). |
| 1698 | (h) The loan shall be subject to sale, transfer, or |
| 1699 | refinancing. The sale, transfer, or refinancing of the loan |
| 1700 | shall be consistent with fiscal program goals and the |
| 1701 | preservation or advancement of affordable housing for the state. |
| 1702 | However, all requirements and conditions of the loan shall |
| 1703 | remain following sale, transfer, or refinancing. |
| 1704 | (i) The discrimination provisions of s. 420.516 shall |
| 1705 | apply to all loans. |
| 1706 | (j) The corporation may require units dedicated for the |
| 1707 | elderly. |
| 1708 | (k) Rent controls shall not be allowed on any project |
| 1709 | except as required in conjunction with the issuance of tax- |
| 1710 | exempt bonds or federal low-income housing tax credits and |
| 1711 | except when the sponsor has committed to set aside units for |
| 1712 | extremely-low-income persons, in which case rents shall be |
| 1713 | restricted at the level applicable for federal low-income tax |
| 1714 | credits. |
| 1715 | (l) The proceeds of all loans shall be used for new |
| 1716 | construction or substantial rehabilitation which creates |
| 1717 | affordable, safe, and sanitary housing units. |
| 1718 | (m) Sponsors shall annually certify the adjusted gross |
| 1719 | income of all persons or families qualified under subsection (2) |
| 1720 | at the time of initial occupancy, who are residing in a project |
| 1721 | funded by this program. All persons or families qualified under |
| 1722 | subsection (2) may continue to qualify under subsection (2) in a |
| 1723 | project funded by this program if the adjusted gross income of |
| 1724 | those persons or families at the time of annual recertification |
| 1725 | meets the requirements established in s. 142(d)(3)(B) of the |
| 1726 | Internal Revenue Code of 1986, as amended. If the annual |
| 1727 | recertification of persons or families qualifying under |
| 1728 | subsection (2) results in noncompliance with income occupancy |
| 1729 | requirements, the next available unit must be rented to a person |
| 1730 | or family qualifying under subsection (2) in order to ensure |
| 1731 | continuing compliance of the project. The corporation may waive |
| 1732 | the annual recertification if 100 percent of the units are set |
| 1733 | aside as affordable. |
| 1734 | (n) Upon submission and approval of a marketing plan which |
| 1735 | demonstrates a good faith effort of a sponsor to rent a unit or |
| 1736 | units to persons or families reserved under subsection (3) and |
| 1737 | qualified under subsection (2), the sponsor may rent such unit |
| 1738 | or units to any person or family qualified under subsection (2) |
| 1739 | notwithstanding the reservation. |
| 1740 | (o) Sponsors may participate in federal mortgage insurance |
| 1741 | programs and must abide by the requirements of those programs. |
| 1742 | If a conflict occurs between the requirements of federal |
| 1743 | mortgage insurance programs and the requirements of this |
| 1744 | section, the requirements of federal mortgage insurance programs |
| 1745 | shall take precedence. |
| 1746 | Section 23. Section 420.5088, Florida Statutes, is amended |
| 1747 | to read: |
| 1748 | 420.5088 Florida Homeownership Assistance Program.--There |
| 1749 | is created the Florida Homeownership Assistance Program for the |
| 1750 | purpose of assisting low-income and moderate-income persons in |
| 1751 | purchasing a home as their primary residence by reducing the |
| 1752 | cost of the home with below-market construction financing, by |
| 1753 | reducing the amount of down payment and closing costs paid by |
| 1754 | the borrower to a maximum of 5 percent of the purchase price, or |
| 1755 | by reducing the monthly payment to an affordable amount for the |
| 1756 | purchaser. Loans shall be made available at an interest rate |
| 1757 | that does not exceed 3 percent. The balance of any loan is due |
| 1758 | at closing if the property is sold, refinanced, rented, or |
| 1759 | transferred, unless otherwise approved by the corporation. |
| 1760 | (1) For loans made available pursuant to s. |
| 1761 | 420.507(23)(a)1. or 2.: |
| 1762 | (a) The corporation may underwrite and make those mortgage |
| 1763 | loans through the program to persons or families who have |
| 1764 | incomes that do not exceed 120 80 percent of the state or local |
| 1765 | median income, whichever is greater, adjusted for family size. |
| 1766 | (b) Loans shall be made available for the term of the |
| 1767 | first mortgage. |
| 1768 | (c) Loans may not exceed are limited to the lesser of 35 |
| 1769 | 25 percent of the purchase price of the home or the amount |
| 1770 | necessary to enable the purchaser to meet credit underwriting |
| 1771 | criteria. |
| 1772 | (2) For loans made pursuant to s. 420.507(23)(a)3.: |
| 1773 | (a) Availability is limited to nonprofit sponsors or |
| 1774 | developers who are selected for program participation pursuant |
| 1775 | to this subsection. |
| 1776 | (b) Preference must be given to community development |
| 1777 | corporations as defined in s. 290.033 and to community-based |
| 1778 | organizations as defined in s. 420.503. |
| 1779 | (c) Priority must be given to projects that have received |
| 1780 | state assistance in funding project predevelopment costs. |
| 1781 | (d) The benefits of making such loans shall be |
| 1782 | contractually provided to the persons or families purchasing |
| 1783 | homes financed under this subsection. |
| 1784 | (e) At least 30 percent of the units in a project financed |
| 1785 | pursuant to this subsection must be sold to persons or families |
| 1786 | who have incomes that do not exceed 80 percent of the state or |
| 1787 | local median income, whichever amount is greater, adjusted for |
| 1788 | family size; and at least another 30 percent of the units in a |
| 1789 | project financed pursuant to this subsection must be sold to |
| 1790 | persons or families who have incomes that do not exceed 65 50 |
| 1791 | percent of the state or local median income, whichever amount is |
| 1792 | greater, adjusted for family size. |
| 1793 | (f) The maximum loan amount may not exceed 33 percent of |
| 1794 | the total project cost. |
| 1795 | (g) A person who purchases a home in a project financed |
| 1796 | under this subsection is eligible for a loan authorized by s. |
| 1797 | 420.507(23)(a)1. or 2. in an aggregate amount not exceeding the |
| 1798 | construction loan made pursuant to this subsection. The home |
| 1799 | purchaser must meet all the requirements for loan recipients |
| 1800 | established pursuant to the applicable loan program. |
| 1801 | (h) The corporation shall provide, by rule, for the |
| 1802 | establishment of a review committee composed of corporation |
| 1803 | staff and shall establish, by rule, a scoring system for |
| 1804 | evaluating and ranking applications submitted for construction |
| 1805 | loans under this subsection, including, but not limited to, the |
| 1806 | following criteria: |
| 1807 | 1. The affordability of the housing proposed to be built. |
| 1808 | 2. The direct benefits of the assistance to the persons |
| 1809 | who will reside in the proposed housing. |
| 1810 | 3. The demonstrated capacity of the applicant to carry out |
| 1811 | the 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 |
| 1814 | potential cost savings by combining the benefits of different |
| 1815 | governmental programs and private initiatives, including the |
| 1816 | local government contributions and local government |
| 1817 | comprehensive planning and activities that promote affordable |
| 1818 | housing. |
| 1819 | 6. The use of the least amount of program loan funds |
| 1820 | compared to overall project cost. |
| 1821 | 7. The provision of homeownership counseling. |
| 1822 | 8. The applicant's agreement to exceed the requirements of |
| 1823 | paragraph (e). |
| 1824 | 9. The commitment of first mortgage financing for the |
| 1825 | balance of the construction loan and for the permanent loans to |
| 1826 | the purchasers of the housing. |
| 1827 | 10. The applicant's ability to proceed with construction. |
| 1828 | 11. The targeting objectives of the corporation which will |
| 1829 | ensure an equitable distribution of loans between rural and |
| 1830 | urban areas. |
| 1831 | 12. The extent to which the proposal will further the |
| 1832 | purposes of this program. |
| 1833 | (i) The corporation may reject any and all applications. |
| 1834 | (j) The review committee established by corporation rule |
| 1835 | pursuant to this subsection shall make recommendations to the |
| 1836 | corporation board regarding program participation under this |
| 1837 | subsection. The corporation board shall make the final ranking |
| 1838 | for participation based on the scores received in the ranking, |
| 1839 | further review of the applications, and the recommendations of |
| 1840 | the review committee. The corporation board shall approve or |
| 1841 | reject applicants for loans and shall determine the tentative |
| 1842 | loan amount available to each program participant. The final |
| 1843 | loan amount shall be determined pursuant to rule adopted under |
| 1844 | s. 420.507(23)(h). |
| 1845 | (3) The corporation shall publish a notice of fund |
| 1846 | availability in a publication of general circulation throughout |
| 1847 | the state at least 60 days prior to the anticipated availability |
| 1848 | of funds. |
| 1849 | (4) During the first 9 months of fund availability: |
| 1850 | (a) Sixty percent of the program funds shall be reserved |
| 1851 | for use by borrowers pursuant to s. 420.507(23)(a)1.; |
| 1852 | (b) Twenty percent of the program funds shall be reserved |
| 1853 | for use by borrowers pursuant to s. 420.507(23)(a)2.; and |
| 1854 | (c) Twenty percent of the program funds shall be reserved |
| 1855 | for use by borrowers pursuant to s. 420.507(23)(a)3. |
| 1856 |
|
| 1857 | If the application of these percentages would cause the |
| 1858 | reservation of program funds under paragraph (a) to be less than |
| 1859 | $1 million, the reservation for paragraph (a) shall be increased |
| 1860 | to $1 million or all available funds, whichever amount is less, |
| 1861 | with the increase to be accomplished by reducing the reservation |
| 1862 | for paragraph (b) and, if necessary, paragraph (c). |
| 1863 | (4)(5) There is authorized to be established by the |
| 1864 | corporation with a qualified public depository meeting the |
| 1865 | requirements of chapter 280 the Florida Homeownership Assistance |
| 1866 | Fund to be administered by the corporation according to the |
| 1867 | provisions of this program. Any amounts held in the Florida |
| 1868 | Homeownership Assistance Trust Fund for such purposes as of |
| 1869 | January 1, 1998, must be transferred to the corporation for |
| 1870 | deposit in the Florida Homeownership Assistance Fund, whereupon |
| 1871 | the Florida Homeownership Assistance Trust Fund must be closed. |
| 1872 | There shall be deposited in the fund moneys from the State |
| 1873 | Housing Trust Fund created by s. 420.0005, or moneys received |
| 1874 | from any other source, for the purpose of this program and all |
| 1875 | proceeds derived from the use of such moneys. In addition, all |
| 1876 | unencumbered funds, loan repayments, proceeds from the sale of |
| 1877 | any property, and any other proceeds that would otherwise accrue |
| 1878 | pursuant to the activities of the programs described in this |
| 1879 | section shall be transferred to this fund. In addition, all loan |
| 1880 | repayments, proceeds from the sale of any property, and any |
| 1881 | other proceeds that would otherwise accrue pursuant to the |
| 1882 | activities conducted under the provisions of the Florida |
| 1883 | Homeownership Assistance Program shall be deposited in the fund |
| 1884 | and shall not revert to the General Revenue Fund. Expenditures |
| 1885 | from the Florida Homeownership Assistance Fund shall not be |
| 1886 | required to be included in the corporation's budget request or |
| 1887 | be subject to appropriation by the Legislature. |
| 1888 | (5)(6) No more than one-fifth of the funds available in |
| 1889 | the Florida Homeownership Assistance Fund may be made available |
| 1890 | to provide loan loss insurance reserve funds to facilitate |
| 1891 | homeownership for eligible persons. |
| 1892 | Section 24. Subsection (25) of section 420.9071, Florida |
| 1893 | Statutes, is amended to read: |
| 1894 | 420.9071 Definitions.--As used in ss. 420.907-420.9079, |
| 1895 | the term: |
| 1896 | (25) "Recaptured funds" means funds that are recouped by a |
| 1897 | county or eligible municipality in accordance with the recapture |
| 1898 | provisions of its local housing assistance plan pursuant to s. |
| 1899 | 420.9075(5)(4)(g) from eligible persons or eligible sponsors who |
| 1900 | default on the terms of a grant award or loan award. |
| 1901 | Section 25. Subsection (2) of section 420.9072, Florida |
| 1902 | Statutes, is amended to read: |
| 1903 | 420.9072 State Housing Initiatives Partnership |
| 1904 | Program.--The State Housing Initiatives Partnership Program is |
| 1905 | created for the purpose of providing funds to counties and |
| 1906 | eligible municipalities as an incentive for the creation of |
| 1907 | local housing partnerships, to expand production of and preserve |
| 1908 | affordable housing, to further the housing element of the local |
| 1909 | government comprehensive plan specific to affordable housing, |
| 1910 | and to increase housing-related employment. |
| 1911 | (2)(a) To be eligible to receive funds under the program, |
| 1912 | a county or eligible municipality must: |
| 1913 | 1. Submit to the corporation its local housing assistance |
| 1914 | plan describing the local housing assistance strategies |
| 1915 | established pursuant to s. 420.9075; |
| 1916 | 2. Within 12 months after adopting the local housing |
| 1917 | assistance plan, amend the plan to incorporate the local housing |
| 1918 | incentive strategies defined in s. 420.9071(16) and described in |
| 1919 | s. 420.9076; and |
| 1920 | 3. Within 24 months after adopting the amended local |
| 1921 | housing assistance plan to incorporate the local housing |
| 1922 | incentive strategies, amend its land development regulations or |
| 1923 | establish local policies and procedures, as necessary, to |
| 1924 | implement the local housing incentive strategies adopted by the |
| 1925 | local governing body. A county or an eligible municipality that |
| 1926 | has adopted a housing incentive strategy pursuant to s. 420.9076 |
| 1927 | before the effective date of this act shall review the status of |
| 1928 | implementation of the plan according to its adopted schedule for |
| 1929 | implementation and report its findings in the annual report |
| 1930 | required by s. 420.9075(10)(9). If as a result of the review, a |
| 1931 | county or an eligible municipality determines that the |
| 1932 | implementation is complete and in accordance with its schedule, |
| 1933 | no further action is necessary. If a county or an eligible |
| 1934 | municipality determines that implementation according to its |
| 1935 | schedule is not complete, it must amend its land development |
| 1936 | regulations or establish local policies and procedures, as |
| 1937 | necessary, to implement the housing incentive plan within 12 |
| 1938 | months after the effective date of this act, or if extenuating |
| 1939 | circumstances prevent implementation within 12 months, pursuant |
| 1940 | to s. 420.9075(13)(12), enter into an extension agreement with |
| 1941 | the corporation. |
| 1942 | (b) A county or an eligible municipality seeking approval |
| 1943 | to receive its share of the local housing distribution must |
| 1944 | adopt an ordinance containing the following provisions: |
| 1945 | 1. Creation of a local housing assistance trust fund as |
| 1946 | described in s. 420.9075(6)(5). |
| 1947 | 2. Adoption by resolution of a local housing assistance |
| 1948 | plan as defined in s. 420.9071(14) to be implemented through a |
| 1949 | local housing partnership as defined in s. 420.9071(18). |
| 1950 | 3. Designation of the responsibility for the |
| 1951 | administration of the local housing assistance plan. Such |
| 1952 | ordinance may also provide for the contracting of all or part of |
| 1953 | the administrative or other functions of the program to a third |
| 1954 | person or entity. |
| 1955 | 4. Creation of the affordable housing advisory committee |
| 1956 | as provided in s. 420.9076. |
| 1957 |
|
| 1958 | The ordinance must not take effect until at least 30 days after |
| 1959 | the date of formal adoption. Ordinances in effect prior to the |
| 1960 | effective date of amendments to this section shall be amended as |
| 1961 | needed 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, |
| 1964 | subsections (3) through (12) are renumbered as subsections (4) |
| 1965 | through (13), respectively, and a new subsection (3) is added to |
| 1966 | that section, to read: |
| 1967 | 420.9075 Local housing assistance plans; partnerships.-- |
| 1968 | (3)(a) Each local housing assistance plan shall include a |
| 1969 | definition of essential service personnel for the county or |
| 1970 | eligible municipality, including, but not limited to, teachers |
| 1971 | and educators, other school district, community college, and |
| 1972 | university employees, police and fire personnel, health care |
| 1973 | personnel, skilled building trades personnel, and other job |
| 1974 | categories. |
| 1975 | (b) Each county and each eligible municipality is |
| 1976 | encouraged to develop a strategy within its local housing |
| 1977 | assistance plan that emphasizes the recruitment and retention of |
| 1978 | essential service personnel. The local government is encouraged |
| 1979 | to involve public and private sector employers. Compliance with |
| 1980 | the eligibility criteria established under this strategy shall |
| 1981 | be verified by the county or eligible municipality. |
| 1982 | (c) Each county and each eligible municipality is |
| 1983 | encouraged to develop a strategy within its local housing |
| 1984 | assistance plan that addresses the needs of persons who are |
| 1985 | deprived of affordable housing due to the closure of a mobile |
| 1986 | home park or the conversion of affordable rental units to |
| 1987 | condominiums. |
| 1988 | (5)(4) The following criteria apply to awards made to |
| 1989 | eligible sponsors or eligible persons for the purpose of |
| 1990 | providing eligible housing: |
| 1991 | (a) At least 65 percent of the funds made available in |
| 1992 | each county and eligible municipality from the local housing |
| 1993 | distribution must be reserved for rehabilitation and |
| 1994 | construction of home ownership units for eligible extremely-low- |
| 1995 | income, low-income, or very-low-income persons. |
| 1996 | (c) The sales price or value of new or existing eligible |
| 1997 | housing may not exceed 90 percent of the average area purchase |
| 1998 | price in the statistical area in which the eligible housing is |
| 1999 | located. Such average area purchase price may be that calculated |
| 2000 | for any 12-month period beginning not earlier than the fourth |
| 2001 | calendar year prior to the year in which the award occurs or as |
| 2002 | otherwise established by the United States Department of the |
| 2003 | Treasury. |
| 2004 |
|
| 2005 | If both an award under the local housing assistance plan and |
| 2006 | federal low-income housing tax credits are used to assist a |
| 2007 | project and there is a conflict between the criteria prescribed |
| 2008 | in this subsection and the requirements of s. 42 of the Internal |
| 2009 | Revenue Code of 1986, as amended, the county or eligible |
| 2010 | municipality may resolve the conflict by giving precedence to |
| 2011 | the requirements of s. 42 of the Internal Revenue Code of 1986, |
| 2012 | as amended, in lieu of following the criteria prescribed in this |
| 2013 | subsection with the exception of paragraphs (a) and (d) of this |
| 2014 | subsection. |
| 2015 | Section 27. Subsection (6) of section 420.9076, Florida |
| 2016 | Statutes, is amended to read: |
| 2017 | 420.9076 Adoption of affordable housing incentive |
| 2018 | strategies; committees.-- |
| 2019 | (6) Within 90 days after the date of receipt of the local |
| 2020 | housing incentive strategies recommendations from the advisory |
| 2021 | committee, the governing body of the appointing local government |
| 2022 | shall adopt an amendment to its local housing assistance plan to |
| 2023 | incorporate the local housing incentive strategies it will |
| 2024 | implement within its jurisdiction. The amendment must include, |
| 2025 | at a minimum, the local housing incentive strategies specified |
| 2026 | as defined in paragraphs (4)(a)-(j) s. 420.9071(16). |
| 2027 | Section 28. Subsection (2) of section 420.9079, Florida |
| 2028 | Statutes, is amended to read: |
| 2029 | 420.9079 Local Government Housing Trust Fund.-- |
| 2030 | (2) The corporation shall administer the fund exclusively |
| 2031 | for the purpose of implementing the programs described in ss. |
| 2032 | 420.907-420.9078 and this section. With the exception of |
| 2033 | monitoring the activities of counties and eligible |
| 2034 | municipalities to determine local compliance with program |
| 2035 | requirements, the corporation shall not receive appropriations |
| 2036 | from the fund for administrative or personnel costs. For the |
| 2037 | purpose of implementing the compliance monitoring provisions of |
| 2038 | s. 420.9075(9)(8), the corporation may request a maximum of one- |
| 2039 | quarter of 1 percent of the annual appropriation $200,000 per |
| 2040 | state fiscal year. When such funding is appropriated, the |
| 2041 | corporation shall deduct the amount appropriated prior to |
| 2042 | calculating the local housing distribution pursuant to ss. |
| 2043 | 420.9072 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 |
| 2046 | amended to read: |
| 2047 | 624.5105 Community contribution tax credit; authorization; |
| 2048 | limitations; eligibility and application requirements; |
| 2049 | administration; definitions; expiration.-- |
| 2050 | (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- |
| 2051 | (c) The total amount of tax credit which may be granted |
| 2052 | for all programs approved under this section and ss. |
| 2053 | 212.08(5)(q) and 220.183 is $10 $12 million annually for |
| 2054 | projects that provide homeownership opportunities for extremely- |
| 2055 | low-income persons, as defined in s. 420.0004(8), or low-income |
| 2056 | or 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 |
| 2060 | Office of Tourism, Trade, and Economic Development shall reserve |
| 2061 | 80 percent of the first $10 million in available annual tax |
| 2062 | credits, and 70 percent of any available annual tax credits in |
| 2063 | excess of $10 million, for donations made to eligible sponsors |
| 2064 | for projects that provide homeownership opportunities for low- |
| 2065 | income or very-low-income households as defined in s. |
| 2066 | 420.9071(19) and (28). If any such reserved annual tax credits |
| 2067 | remain after the first 6 months of the fiscal year, the office |
| 2068 | may approve the balance of these available credits for donations |
| 2069 | made to eligible sponsors for projects other than those that |
| 2070 | provide homeownership opportunities for low-income or very-low- |
| 2071 | income households. |
| 2072 | 2. For the first 6 months of the fiscal year, the office |
| 2073 | shall reserve 20 percent of the first $10 million in available |
| 2074 | annual tax credits, and 30 percent of any available annual tax |
| 2075 | credits in excess of $10 million, for donations made to eligible |
| 2076 | sponsors for projects other than those that provide |
| 2077 | homeownership opportunities for low-income or very-low-income |
| 2078 | households as defined in s. 420.9071(19) and (28). If any |
| 2079 | reserved annual tax credits remain after the first 6 months of |
| 2080 | the fiscal year, the office may approve the balance of these |
| 2081 | available credits for donations made to eligible sponsors for |
| 2082 | projects that provide homeownership opportunities for low-income |
| 2083 | or very-low-income households. |
| 2084 | 3. If, during the first 10 business days of the state |
| 2085 | fiscal year, eligible tax credit applications for projects that |
| 2086 | provide homeownership opportunities for extremely-low-income |
| 2087 | persons, as defined in s. 420.0004(8), or low-income or very- |
| 2088 | low-income persons, as defined in s. 420.9071(19) and (28), are |
| 2089 | received for less than the available annual tax credits |
| 2090 | available for those projects reserved under subparagraph 1., the |
| 2091 | office shall grant tax credits for those applications and shall |
| 2092 | grant remaining tax credits on a first-come, first-served basis |
| 2093 | for any subsequent eligible applications received before the end |
| 2094 | of the first 6 months of the state fiscal year. If, during the |
| 2095 | first 10 business days of the state fiscal year, eligible tax |
| 2096 | credit applications for projects that provide homeownership |
| 2097 | opportunities for extremely-low-income persons, as defined in s. |
| 2098 | 420.0004(8), or low-income or very-low-income persons, as |
| 2099 | defined in s. 420.9071(19) and (28), are received for more than |
| 2100 | the available annual tax credits available for those projects |
| 2101 | reserved under subparagraph 1., the office shall grant the tax |
| 2102 | credits for those the applications as follows: |
| 2103 | a. If tax credit applications submitted for approved |
| 2104 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 2105 | the credits shall be granted in full if the tax credit |
| 2106 | applications are approved, subject to subparagraph 1. |
| 2107 | b. If tax credit applications submitted for approved |
| 2108 | projects of an eligible sponsor exceed $200,000 in total, the |
| 2109 | amount of tax credits granted under sub-subparagraph a. shall be |
| 2110 | subtracted from the amount of available tax credits under |
| 2111 | subparagraph 1., and the remaining credits shall be granted to |
| 2112 | each approved tax credit application on a pro rata basis. |
| 2113 | c. If, after the first 6 months of the fiscal year, |
| 2114 | additional credits become available under subparagraph 2., the |
| 2115 | office shall grant the tax credits by first granting to those |
| 2116 | who received a pro rata reduction up to the full amount of their |
| 2117 | request and, if there are remaining credits, granting credits to |
| 2118 | those who applied on or after the 11th business day of the state |
| 2119 | fiscal year on a first-come, first-served basis. |
| 2120 | 2.4. If, during the first 10 business days of the state |
| 2121 | fiscal year, eligible tax credit applications for projects other |
| 2122 | than those that provide homeownership opportunities for |
| 2123 | extremely-low-income persons, as defined in s. 420.0004(8), or |
| 2124 | low-income or very-low-income persons, as defined in s. |
| 2125 | 420.9071(19) and (28,) are received for less than the available |
| 2126 | annual tax credits available for those projects reserved under |
| 2127 | subparagraph 2., the office shall grant tax credits for those |
| 2128 | applications and shall grant remaining tax credits on a first- |
| 2129 | come, first-served basis for any subsequent eligible |
| 2130 | applications received before the end of the first 6 months of |
| 2131 | the state fiscal year. If, during the first 10 business days of |
| 2132 | the state fiscal year, eligible tax credit applications for |
| 2133 | projects other than those that provide homeownership |
| 2134 | opportunities for extremely-low-income persons, as defined in s. |
| 2135 | 420.0004(8), or low-income or very-low-income persons, as |
| 2136 | defined in s. 420.9071(19) and (28), are received for more than |
| 2137 | the available annual tax credits available for those projects |
| 2138 | reserved under subparagraph 2., the office shall grant the tax |
| 2139 | credits for those the applications on a pro rata basis. If, |
| 2140 | after the first 6 months of the fiscal year, additional credits |
| 2141 | become available under subparagraph 1., the office shall grant |
| 2142 | the tax credits by first granting to those who received a pro |
| 2143 | rata reduction up to the full amount of their request and, if |
| 2144 | there are remaining credits, granting credits to those who |
| 2145 | applied on or after the 11th business day of the state fiscal |
| 2146 | year on a first-come, first-served basis. |
| 2147 | Section 30. Subsection (12) of section 1001.43, Florida |
| 2148 | Statutes, 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 |
| 2151 | board.--The district school board may exercise the following |
| 2152 | supplemental powers and duties as authorized by this code or |
| 2153 | State Board of Education rule. |
| 2154 | (12) AFFORDABLE HOUSING.--The district school board may |
| 2155 | provide affordable housing for teachers and other instructional |
| 2156 | personnel independently or in conjunction with other agencies as |
| 2157 | described in subsection (5). |
| 2158 | Section 31. Paragraph (c) is added to subsection (5) of |
| 2159 | section 1013.64, Florida Statutes, to read: |
| 2160 | 1013.64 Funds for comprehensive educational plant needs; |
| 2161 | construction cost maximums for school district capital |
| 2162 | projects.--Allocations from the Public Education Capital Outlay |
| 2163 | and Debt Service Trust Fund to the various boards for capital |
| 2164 | outlay projects shall be determined as follows: |
| 2165 | (5) District school boards shall identify each fund source |
| 2166 | and the use of each proportionate to the project cost, as |
| 2167 | identified in the bid document, to assure compliance with this |
| 2168 | section. The data shall be submitted to the department, which |
| 2169 | shall track this information as submitted by the boards. PECO |
| 2170 | funds shall not be expended as indicated in the following: |
| 2171 | (c) PECO funds shall not be used for the construction of |
| 2172 | affordable housing. School districts may use local and other |
| 2173 | funds to fund such projects. |
| 2174 | Section 32. Community Workforce Housing Innovation Pilot |
| 2175 | Program.-- |
| 2176 | (1) The Legislature finds and declares that recent rapid |
| 2177 | increases in the median purchase price of a home and the cost of |
| 2178 | rental housing have far outstripped the increases in median |
| 2179 | income in the state, preventing essential services personnel |
| 2180 | from living in the communities where they serve and thereby |
| 2181 | creating the need for innovative solutions for the provision of |
| 2182 | housing opportunities for essential services personnel. |
| 2183 | (2) The Community Workforce Housing Innovation Pilot |
| 2184 | Program is created to provide affordable rental and home |
| 2185 | ownership community workforce housing for essential services |
| 2186 | personnel affected by the high cost of housing, using regulatory |
| 2187 | incentives and state and local funds to promote local public- |
| 2188 | private partnerships and leverage government and private |
| 2189 | resources. |
| 2190 | (3) For purposes of this section, the following |
| 2191 | definitions apply: |
| 2192 | (a) "Workforce housing" means housing affordable to |
| 2193 | natural persons or families whose total annual household income |
| 2194 | does not exceed 140 percent of the area median income, adjusted |
| 2195 | for household size, or 150 percent of area median income, |
| 2196 | adjusted for household size, in areas of critical state concern |
| 2197 | designated under s. 380.05, Florida Statutes, for which the |
| 2198 | Legislature has declared its intent to provide affordable |
| 2199 | housing, and areas that were designated as areas of critical |
| 2200 | state concern for at least 20 consecutive years prior to removal |
| 2201 | of the designation. |
| 2202 | (b) "Essential services personnel" means persons in need |
| 2203 | of affordable housing who are employed in occupations or |
| 2204 | professions in which they are considered essential services |
| 2205 | personnel, as defined by each county and eligible municipality |
| 2206 | within its respective local housing assistance plan pursuant to |
| 2207 | s. 420.9075(3)(a), Florida Statutes. |
| 2208 | (c) "Public-private partnership" means any form of |
| 2209 | business entity that includes substantial involvement of at |
| 2210 | least one county, one municipality, or one public sector entity, |
| 2211 | such as a school district or other unit of local government in |
| 2212 | which the project is to be located, and at least one private |
| 2213 | sector for-profit or not-for-profit business or charitable |
| 2214 | entity. |
| 2215 | (4) The Florida Housing Finance Corporation is authorized |
| 2216 | to provide Community Workforce Housing Innovation Pilot Program |
| 2217 | loans to an applicant for construction or rehabilitation of |
| 2218 | workforce housing in eligible areas. The corporation shall |
| 2219 | establish a funding process and selection criteria by rule or |
| 2220 | request for proposals. This funding is intended to be used with |
| 2221 | other public and private sector resources. |
| 2222 | (5) The corporation shall provide incentives for local |
| 2223 | governments in eligible areas to use local affordable housing |
| 2224 | funds, such as those from the State Housing Initiatives |
| 2225 | Partnership Program, to assist in meeting the affordable housing |
| 2226 | needs of persons eligible under this program. |
| 2227 | (6) Funding shall be prioritized for projects in counties |
| 2228 | where the disparity between the area median income and the |
| 2229 | median sales price for a single-family home is greatest, and for |
| 2230 | projects in areas where population growth as a percentage rate |
| 2231 | of increase is greatest. The corporation may also fund projects |
| 2232 | in counties where innovative regulatory and financial incentives |
| 2233 | are made available. |
| 2234 | (7) Projects shall receive priority consideration for |
| 2235 | funding where: |
| 2236 | (a) The local jurisdiction establishes appropriate |
| 2237 | regulatory incentives, local contributions or financial |
| 2238 | strategies, or other funding sources to promote the development |
| 2239 | and ongoing financial viability of such projects. Local |
| 2240 | incentives include such actions as expediting review of |
| 2241 | development orders and permits, supporting development near |
| 2242 | transportation hubs and major employment centers, and adopting |
| 2243 | land development regulations designed to allow flexibility in |
| 2244 | densities, use of accessory units, mixed-use developments, and |
| 2245 | flexible lot configurations. Financial strategies include such |
| 2246 | actions as promoting employer-assisted housing programs, |
| 2247 | providing tax increment financing, and providing land. |
| 2248 | (b) Projects are innovative and include new construction |
| 2249 | or rehabilitation, mixed-income housing, or commercial and |
| 2250 | housing mixed-use elements and those that promote homeownership. |
| 2251 | The program funding shall not exceed the costs attributable to |
| 2252 | the portion of the project that is set aside to provide housing |
| 2253 | for the targeted population. |
| 2254 | (c) Projects that set aside at least 80 percent of units |
| 2255 | for workforce housing and at least 50 percent for essential |
| 2256 | services personnel and for projects that require the least |
| 2257 | amount of program funding compared to the overall housing costs |
| 2258 | for the project. |
| 2259 | (8) Notwithstanding the provisions of s. 163.3184(3)-(6), |
| 2260 | Florida Statutes, any local government comprehensive plan |
| 2261 | amendment to implement a Community Workforce Housing Innovation |
| 2262 | Pilot Program project found consistent with the provisions of |
| 2263 | this section shall be expedited as provided in this subsection. |
| 2264 | At least 30 days prior to adopting a plan amendment pursuant to |
| 2265 | this paragraph, the local government shall notify the state land |
| 2266 | planning agency of its intent to adopt such an amendment, and |
| 2267 | the notice shall include its evaluation related to site |
| 2268 | suitability and availability of facilities and services. The |
| 2269 | public notice of the hearing required by s. 163.3184(15)(e), |
| 2270 | Florida Statutes, shall include a statement that the local |
| 2271 | government intends to utilize the expedited adoption process |
| 2272 | authorized by this subsection. Such amendments shall require |
| 2273 | only a single public hearing before the governing board, which |
| 2274 | shall be an adoption hearing as described in s. 163.3184(7), |
| 2275 | Florida Statutes, and the state land planning agency shall issue |
| 2276 | its notice of intent pursuant to s. 163.3184(8), Florida |
| 2277 | Statutes, within 30 days after determining that the amendment |
| 2278 | package is complete. |
| 2279 | (9) The corporation shall award loans with interest rates |
| 2280 | set at 1 to 3 percent, which may be made forgivable when long- |
| 2281 | term affordability is provided and when at least 80 percent of |
| 2282 | the units are set aside for workforce housing and at least 50 |
| 2283 | percent of the units are set aside for essential services |
| 2284 | personnel. |
| 2285 | (10) All eligible applications shall: |
| 2286 | (a) For home ownership, limit the sales price of a |
| 2287 | detached unit, townhome, or condominium unit to not more than 80 |
| 2288 | percent of the median sales price for that type of unit in that |
| 2289 | county, or the statewide median sales price for that type of |
| 2290 | unit, whichever is higher, and require that all eligible |
| 2291 | purchasers of home ownership units occupy the homes as their |
| 2292 | primary residence. |
| 2293 | (b) For rental units, restrict rents for all workforce |
| 2294 | housing serving those with incomes at or below 120 percent of |
| 2295 | area median income at the appropriate income level using the |
| 2296 | restricted rents for the federal low-income housing tax credit |
| 2297 | program and, for workforce housing units serving those with |
| 2298 | incomes above 120 percent of area median income, restrict rents |
| 2299 | to those established by the corporation, not to exceed 30 |
| 2300 | percent of the maximum household income adjusted to unit size. |
| 2301 | (c) Demonstrate that the applicant is a public-private |
| 2302 | partnership. |
| 2303 | (d) Have grants, donations of land, or contributions from |
| 2304 | the public-private partnership or other sources collectively |
| 2305 | totaling at least 15 percent of the total development cost. Such |
| 2306 | grants, donations of land, or contributions must be evidenced by |
| 2307 | a letter of commitment only at the time of application. |
| 2308 | (e) Demonstrate how the applicant will use the regulatory |
| 2309 | incentives and financial strategies outlined in paragraph (7)(a) |
| 2310 | from the local jurisdiction in which the proposed project is to |
| 2311 | be located. The corporation may consult with the department in |
| 2312 | evaluating the use of regulatory incentives by applicants. |
| 2313 | (f) Demonstrate that the applicant possesses title to or |
| 2314 | site control of land and evidences availability of required |
| 2315 | infrastructure. |
| 2316 | (g) Demonstrate the applicant's affordable housing |
| 2317 | development and management experience. |
| 2318 | (h) Provide any research or facts available supporting the |
| 2319 | demand and need for rental or home ownership workforce housing |
| 2320 | for eligible persons in the market in which the project is |
| 2321 | proposed. |
| 2322 | (11) Projects may include manufactured housing constructed |
| 2323 | after June 1994 and installed in accordance with mobile home |
| 2324 | installation standards of the Department of Highway Safety and |
| 2325 | Motor Vehicles. |
| 2326 | (12) The corporation may adopt rules pursuant to ss. |
| 2327 | 120.536(1) and 120.54, Florida Statutes, to implement the |
| 2328 | provisions of this section. |
| 2329 | (13) The corporation may use a maximum of 2 percent of the |
| 2330 | annual appropriation for administration and compliance |
| 2331 | monitoring. |
| 2332 | (14) The corporation shall review the success of the |
| 2333 | Community Workforce Housing Innovation Pilot Program to |
| 2334 | ascertain whether the projects financed by the program are |
| 2335 | useful in meeting the housing needs of eligible areas. The |
| 2336 | corporation shall submit its report and any recommendations |
| 2337 | regarding the program to the Governor, the Speaker of the House |
| 2338 | of Representatives, and the President of the Senate not later |
| 2339 | than 2 months after the end of the corporation's fiscal year. |
| 2340 | Section 33. Affordable housing land donation density bonus |
| 2341 | incentives.-- |
| 2342 | (1) A local government may provide density bonus |
| 2343 | incentives pursuant to the provisions of this section to any |
| 2344 | landowner who voluntarily donates fee simple interest in real |
| 2345 | property to the local government for the purpose of assisting |
| 2346 | the local government in providing affordable housing. Donated |
| 2347 | real property must be determined by the local government to be |
| 2348 | appropriate for use as affordable housing and must be subject to |
| 2349 | deed restrictions to ensure that the property will be used for |
| 2350 | affordable housing. |
| 2351 | (2) For purposes of this section, the terms "affordable," |
| 2352 | "extremely-low-income persons," "low-income persons," "moderate- |
| 2353 | income persons," and "very-low-income persons," have the same |
| 2354 | meaning as in s. 420.0004, Florida Statutes. |
| 2355 | (3) The density bonus may be applied to any land within |
| 2356 | the local government's jurisdiction provided that residential |
| 2357 | use is an allowable use on the receiving land. |
| 2358 | (4) The density bonus, identification of receiving land |
| 2359 | for the bonus, and any other conditions associated with the |
| 2360 | donation of the land for affordable housing are the subject of |
| 2361 | review and approval by the local government. The award of |
| 2362 | density bonus pursuant to this section, the legal description of |
| 2363 | the land receiving the bonus, and any other conditions |
| 2364 | associated with the bonus shall be memorialized in a development |
| 2365 | agreement or other binding agreement and recorded with the clerk |
| 2366 | of court in the county where the donated land and receiving land |
| 2367 | are located. |
| 2368 | (5) The local government, as part of the approval process, |
| 2369 | shall adopt a comprehensive plan amendment, pursuant to part II |
| 2370 | of chapter 163, Florida Statutes, for the receiving land that |
| 2371 | incorporates the density bonus. Such amendment shall be adopted |
| 2372 | in the manner as required for small-scale amendments pursuant to |
| 2373 | s. 163.3187, Florida Statutes, is not subject to the |
| 2374 | requirements of s. 163.3184(3)-(6), Florida Statutes, and is |
| 2375 | exempt from the limitation on the frequency of plan amendments |
| 2376 | as 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 |
| 2379 | from being sold at a price that exceeds the threshold for |
| 2380 | housing that is affordable for low-income or moderate-income |
| 2381 | persons or to a buyer who is not eligible due to his or her |
| 2382 | income under chapter 420, Florida Statutes. The deed restriction |
| 2383 | may allow affordable housing units created under subsection (1) |
| 2384 | to be rented to extremely-low-income, very-low-income, low- |
| 2385 | income, or moderate-income persons. |
| 2386 | (7) The local government may transfer all or a portion of |
| 2387 | the donated land to a nonprofit housing organization, such as a |
| 2388 | community land trust, housing authority, or community |
| 2389 | redevelopment agency, to be used for the production and |
| 2390 | preservation of permanently affordable housing. |
| 2391 | Section 34. The Department of Community Affairs shall |
| 2392 | establish the Home Retrofit Hardening Program. The program is a |
| 2393 | competitive grant program to fund improvements to homes |
| 2394 | constructed before the implementation of the current Florida |
| 2395 | Building Code when the improvements will directly affect the |
| 2396 | home's ability to withstand hurricane force winds and improve |
| 2397 | the home's rating for home insurance. Site-built and mobile |
| 2398 | homes are eligible for funding under this program. However, |
| 2399 | priority shall be given to low-income homeowners, as defined in |
| 2400 | s. 420.0004(10), Florida Statutes, who live in wind-borne debris |
| 2401 | regions as defined in the Florida Building Code. |
| 2402 | (1) The program shall be administered by local |
| 2403 | governments, regional planning councils, or private nonprofit |
| 2404 | agencies under the overall direction of the department. When |
| 2405 | awarding 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 |
| 2408 | debris region. |
| 2409 | (c) The number of persons who will benefit from the |
| 2410 | improvements. |
| 2411 | (d) The number of extremely-low-income, very-low-income, |
| 2412 | and low-income households that will benefit from the |
| 2413 | improvements. |
| 2414 | (e) The costs per home to provide improvements. |
| 2415 | (2) Funds may be used for the following improvements |
| 2416 | installed 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 |
| 2425 | not exceed $10,000. |
| 2426 | (4) Administrative costs shall be kept to a minimum. |
| 2427 | (5) Grantees are encouraged to leverage grant funds |
| 2428 | available under this program with other available funds. |
| 2429 | Matching funds for a project is not a requirement. However, |
| 2430 | matching funds from other available sources may be considered by |
| 2431 | the department in the competitive-review process. |
| 2432 | (6) The sum of $50 million is appropriated from the United |
| 2433 | States Contributions Trust Fund to the Department of Community |
| 2434 | Affairs in fixed capital outlay for the Home Retrofit Hardening |
| 2435 | Program. No more than 5 percent of the funds provided under this |
| 2436 | section may be used by the department for administration of this |
| 2437 | funding. |
| 2438 | Section 35. The Department of Community Affairs shall |
| 2439 | establish the Disaster Recovery Assistance Program which shall |
| 2440 | be a grant program to fund repairs and rehabilitation to homes |
| 2441 | in communities severely impacted by the 2004 and 2005 |
| 2442 | hurricanes. These funds shall be leveraged with other program |
| 2443 | funds targeted to the most vulnerable citizens of the state. The |
| 2444 | sum of $2 million is appropriated in fixed capital outlay from |
| 2445 | the State Housing Trust Fund in the Department of Community |
| 2446 | Affairs for the Disaster Recovery Assistance Program. For the |
| 2447 | purposes of implementing this section, the Florida Housing |
| 2448 | Finance Corporation is provided nonoperating budget authority to |
| 2449 | transfer $2 million from the State Housing Trust Fund to the |
| 2450 | Department of Community Affairs. |
| 2451 | Section 36. The Florida Housing Finance Corporation is |
| 2452 | authorized to provide funds to eligible entities for affordable |
| 2453 | housing recovery in those areas of the state which sustained |
| 2454 | housing damage due to hurricanes during 2004 and 2005. The |
| 2455 | Florida Housing Finance Corporation shall utilize data provided |
| 2456 | by the Federal Emergency Management Agency to assist in its |
| 2457 | allocation of funds to local jurisdictions. To administer these |
| 2458 | programs, the Florida Housing Finance Corporation shall be |
| 2459 | guided by the "Hurricane Housing Work Group Recommendations to |
| 2460 | Assist in Florida's Long Term Housing Recovery Efforts" report |
| 2461 | dated February 16, 2005, and may adopt emergency rules pursuant |
| 2462 | to s. 120.54, Florida Statutes. The Legislature finds that |
| 2463 | emergency rules adopted pursuant to this section meet the |
| 2464 | health, safety, and welfare requirement of s. 120.54(4), Florida |
| 2465 | Statutes. The Legislature finds that such emergency rulemaking |
| 2466 | power is necessary for the preservation of the rights and |
| 2467 | welfare of the people in order to provide additional funds to |
| 2468 | assist those areas of the state that sustained housing damage |
| 2469 | due to hurricanes during 2004 and 2005. Therefore, in adopting |
| 2470 | such emergency rules, the corporation need not make the findings |
| 2471 | required by s. 120.54(4)(a), Florida Statutes. Emergency rules |
| 2472 | adopted under this section are exempt from s. 120.54(4)(c), |
| 2473 | Florida Statutes. The sum of $15 million is appropriated from |
| 2474 | the Local Government Housing Trust Fund to the Florida Housing |
| 2475 | Finance Corporation for the Hurricane Housing Recovery Program. |
| 2476 | There is appropriated from the State Housing Trust Fund to the |
| 2477 | Florida Housing Finance Corporation the sum of $25 million for |
| 2478 | the Farmworker Housing Recovery Program and the Special Housing |
| 2479 | Assistance and Development Program, the sum of $400,000 for |
| 2480 | technical and training assistance, and the sum of $176.6 million |
| 2481 | for the Rental Recovery Loan Program. |
| 2482 | Section 37. The sum of $82,904,000 is appropriated from |
| 2483 | the Florida Small Cities Community Development Block Grant |
| 2484 | Program Fund to the Department of Community Affairs. These funds |
| 2485 | shall be used consistent with the Federal Register, Vol. 71, No. |
| 2486 | 29, February 13, 2006, Docket No. FR-5051-N-01, and the Action |
| 2487 | Plan for Disaster Recovery approved by the United States |
| 2488 | Department of Housing and Urban Development to meet the needs of |
| 2489 | communities impacted by Hurricanes Wilma and Katrina, with a |
| 2490 | prioritization toward affordable housing in the most impacted |
| 2491 | areas of the state. |
| 2492 | Section 38. The sum of $50 million is appropriated from |
| 2493 | the Local Government Housing Trust Fund to the Florida Housing |
| 2494 | Finance Corporation for fiscal year 2006-2007 to implement the |
| 2495 | Community Workforce Housing Innovation Pilot Program. |
| 2496 | Section 39. The sum of $33 million is appropriated from |
| 2497 | the Local Government Housing Trust Fund to the Florida Housing |
| 2498 | Finance Corporation for fiscal year 2006-2007 to assist in the |
| 2499 | production of housing units for extremely-low-income persons as |
| 2500 | defined in s. 420.0004(8), Florida Statutes. |
| 2501 | Section 40. Except as otherwise expressly provided in this |
| 2502 | act, this act shall take effect July 1, 2006. |