HB 1363

1	A bill to be entitled
2	An act relating to affordable housing; creating s.
3	125.379, F.S.; providing for disposition of county
4	property for affordable housing; amending s. 163.31771,
5	F.S., relating to accessory dwelling units; revising
6	legislative findings and definitions; conforming cross-
7	references; creating s. 163.31772, F.S.; providing
8	legislative findings and intent relating to changes in
9	land use affecting mobile home parks; providing
10	definitions; providing requirements for local governments
11	and community redevelopment agencies regarding specified
12	funding sources to provide financial assistance to certain
13	mobile home owners; providing requirements for mobile home
14	owners to qualify for financial assistance; authorizing
15	local governments to permit and approve rezoning of
16	property for the development of new mobile home parks;
17	providing that a local government or redevelopment agency
18	may enter into a development agreement with the owner of a
19	mobile home park to encourage its continued use for
20	affordable housing; providing rulemaking authority;
21	limiting the length of certain development agreements;
22	amending s. 163.3187, F.S.; revising a limitation relating
23	to small scale comprehensive plan amendments involving the
24	construction of affordable housing units; creating s.
25	166.0451, F.S.; providing for disposition of municipal
26	property for affordable housing; amending s. 189.4155,
27	F.S.; authorizing independent special districts to provide
28	for housing and housing assistance; amending s. 191.006,
29	F.S.; authorizing independent special fire control
30	districts to provide employee housing and housing
31	assistance; creating s. 193.018, F.S.; creating the Manny
32	Diaz Affordable Housing Property Tax Relief Initiative;
33	providing criteria for assessing just valuation of
34	affordable housing properties serving persons of low,
35	moderate, very-low, and extremely-low incomes; amending s.
36	196.1978, F.S.; specifying what constitutes a nonprofit
37	entity for purposes of affordable housing property tax
38	exemption; conforming cross-references; amending s.
39	253.034, F.S.; providing for the disposition of state
40	lands for affordable housing; amending s. 253.0341, F.S.;
41	authorizing local governments to request state lands be
42	declared surplus for the purpose of affordable housing;
43	providing for use of lands that are declared surplus;
44	amending s. 295.16, F.S.; expanding the disabled veteran
45	exemption from certain license and permit fees relating to
46	dwelling improvements; amending s. 376.30781, F.S;
47	providing tax credits for eligible applicants; amending s.
48	380.06, F.S.; providing a greater substantial deviation
49	threshold for the provision of affordable housing in a
50	development of regional impact; conforming cross-
51	references; amending s. 380.0651, F.S.; providing a
52	statewide guidelines and standards bonus for the provision
53	of workforce housing; amending s. 420.0004, F.S.; defining
54	the term "extremely-low-income persons"; conforming cross-
55	references; amending s. 420.37, F.S., relating to
56	additional powers of the Florida Housing Finance
57	Corporation; providing for additional powers of the
58	Florida Department of Community Affairs; amending s.
59	420.503, F.S.; revising the definition of the term
60	"farmworker" under the Florida Housing Finance Corporation
61	Act; providing rulemaking authority; amending s. 420.5061,
62	F.S.; conforming a cross-reference; amending s. 420.507,
63	F.S.; revising and expanding the powers of the Florida
64	Housing Finance Corporation relating to mortgage loan
65	interest rates, loans, loan relief, uses of loan funds,
66	subsidiary business entities, and data reporting;
67	providing rulemaking authority; amending s. 420.5087,
68	F.S.; increasing the population criteria for the State
69	Apartment Incentive Loan Program; revising criteria for
70	loans; conforming cross-references; amending s. 420.5088,
71	F.S.; expanding the scope of the Florida Homeownership
72	Assistance Program; revising loan requirements; deleting a
73	provision reserving program funds for certain borrowers;
74	repealing s. 420.530, F.S., relating to the State Farm
75	Worker Housing Pilot Loan Program; amending s. 420.9071,
76	F.S.; conforming a cross-reference; amending s. 420.9072,
77	F.S.; conforming cross-references; amending s. 420.9075,
78	F.S.; requiring local housing assistance plans to define
79	essential service personnel for the county or eligible
80	municipality and to contain a strategy for the recruitment
81	and retention of such personnel; amending s. 420.9076,
82	F.S.; conforming a cross-reference; amending s. 420.9079,
83	F.S.; revising the maximum appropriation the Florida
84	Housing Finance Corporation may request each state fiscal
85	year; conforming a cross-reference; amending s. 1001.43,
86	F.S.; authorizing district school boards to use certain
87	school sites to provide sites for affordable housing for
88	teachers and other district personnel; amending s.
89	723.0612, F.S.; requiring local governments to allow the
90	owner of a mobile home or a recreational vehicle park to
91	change the use of park land to a single-family residential
92	or multi-family land use under certain conditions;
93	creating the Community Workforce Housing Innovation Pilot
94	Program; provides legislative findings; providing
95	definitions; providing the Florida Housing Finance
96	Corporation with certain powers and responsibilities
97	relating to the program; requiring the program to target
98	certain entities; providing application requirements;
99	authorizing an applicant to use a nonprofit or public
100	entity to manage its housing program; providing incentives
101	for program applicants; providing rulemaking authority;
102	requires a report to the Governor and Legislature;
103	authorizing local governments to provide density bonus
104	incentives to landowners who donate fee simple interest in
105	real property to the local government for the purpose of
106	assisting the local government in providing affordable
107	housing; providing definitions and requirements governing
108	such donations and density bonuses; requiring the
109	Department of Community Affairs to establish a Home
110	Retrofit Hardening Program and establishing requirements
111	for the program; requiring the Department of Community
112	Affairs to establish a Disaster Recovery Assistance
113	Program and establishing requirements for the program;
114	authorizing the Florida Housing Finance Corporation to
115	provide funds to eligible entities for affordable housing
116	recovery in areas of the state sustaining hurricane damage
117	due to hurricanes during 2004 and 2005; providing
118	legislative findings and emergency rulemaking authority;
119	providing appropriations; providing effective dates.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Section 125.379, Florida Statutes, is created
124	to read:
125	125.379  Disposition of county property for affordable
126	housing.--
127	(1)  By July 1, 2007, and every 3 years thereafter, each
128	county shall prepare an inventory list of all real property
129	within its jurisdiction to which the county holds fee simple
130	title that is appropriate for use as affordable housing. The
131	inventory list must include the address and legal description of
132	each such real property and specify whether the property is
133	vacant or improved. The governing body of the county must review
134	the inventory list at a public hearing and may revise it at the
135	conclusion of the public hearing. The governing body of the
136	county shall adopt a resolution that includes an inventory list
137	of such property following the public hearing.
138	(2)  The properties identified as appropriate for use as
139	affordable housing on the inventory list adopted by the county
140	may be offered for sale and the proceeds used to purchase land
141	for the development of affordable housing or to increase the
142	local government fund earmarked for affordable housing, or may
143	be sold with a restriction that requires the development of the
144	property as permanent affordable housing, or may be donated to a
145	nonprofit housing organization for the construction of permanent
146	affordable housing. Alternatively, the county may otherwise make
147	the property available for use for the production and
148	preservation of permanent affordable housing. For purposes of
149	this section, the term "affordable" has the same meaning as in
150	s. 420.0004(3).
151	Section 2.  Subsections (1) and (4) and paragraphs (b),
152	(d), (e), and (f) of subsection (2) of section 163.31771,
153	Florida Statutes, are amended, and paragraph (g) is added to
154	subsection (2) of that section, to read:
155	163.31771  Accessory dwelling units.--
156	(1)  The Legislature finds that the median price of homes
157	in this state has increased steadily over the last decade and at
158	a greater rate of increase than the median income in many urban
159	areas. The Legislature finds that the cost of rental housing has
160	also increased steadily and the cost often exceeds an amount
161	that is affordable to extremely-low-income, very-low-income,
162	low-income, or moderate-income persons and has resulted in a
163	critical shortage of affordable rentals in many urban areas in
164	the state. This shortage of affordable rentals constitutes a
165	threat to the health, safety, and welfare of the residents of
166	the state. Therefore, the Legislature finds that it serves an
167	important public purpose to encourage the permitting of
168	accessory dwelling units in single-family residential areas in
169	order to increase the availability of affordable rentals for
170	extremely-low-income, very-low-income, low-income, or moderate-
171	income persons.
172	(2)  As used in this section, the term:
173	(b)  "Affordable rental" means that monthly rent and
174	utilities do not exceed 30 percent of that amount which
175	represents the percentage of the median adjusted gross annual
176	income for extremely-low-income, very-low-income, low-income, or
177	moderate-income persons.
178	(d)  "Low-income persons" has the same meaning as in s.
179	420.0004(10)(9).
180	(e)  "Moderate-income persons" has the same meaning as in
181	s. 420.0004(11)(10).
182	(f)  "Very-low-income persons" has the same meaning as in
183	s. 420.0004(15)(14).
184	(g)  "Extremely-low-income persons" has the same meaning as
185	in s. 420.0004(8).
186	(4)  If the local government adopts an ordinance under this
187	section, an application for a building permit to construct an
188	accessory dwelling unit must include an affidavit from the
189	applicant which attests that the unit will be rented at an
190	affordable rate to an extremely-low-income, a very-low-income,
191	low-income, or moderate-income person or persons.
192	Section 3.  Section 163.31772, Florida Statutes, is created
193	to read:
194	163.31772  Mobile home parks; change in use of land;
195	legislative findings and intent.--
196	(1)  The Legislature finds that:
197	(a)  Mobile home parks provide safe and affordable housing
198	to many residents of this state;
199	(b)  The rising price of real estate in this state is
200	causing significant loss of affordable housing, including mobile
201	home parks;
202	(c)  Some mobile home park residents are being evicted and
203	forced to relocate from their communities due to the change in
204	the use of land from mobile home park rentals to some other use;
205	(d)  The loss of this type of affordable housing is of
206	statewide concern; and
207	(e)  Local governments benefit from the redevelopment of
208	these mobile home parks through increased local and state tax
209	revenues but may not have authority to use all available funding
210	and revenue sources to assist these displaced residents.
211	(2)  It is the intent of the Legislature that local
212	governments and redevelopment agencies assist in the relocation
213	of and the provision of assistance to mobile home owners and are
214	authorized to use all available funding sources to further this
215	intent.
216	(3)  As used in this section, the term:
217	(a)  "Affordable" has the same meaning as provided in s.
218	420.602.
219	(b)  "Community redevelopment agency" has the same meaning
220	as provided in s. 163.340.
221	(c)  "Local government" means a county or municipality.
222	(d)  "Mobile home park" has the same meaning as provided in
223	s. 723.003.
224	(4)  Any local government or community redevelopment agency
225	having jurisdiction over a mobile home park that is being closed
226	due to a change in the use of land may provide financial
227	assistance to any mobile home resident who is displaced as a
228	result of the change in use and who meets the requirements of
229	subsection (5) to:
230	(a)  Assist the homeowner with the cost of relocating his
231	or her home;
232	(b)  Assist the homeowner in purchasing a new manufactured
233	or mobile home if the home he or she is currently occupying is
234	not capable of being moved to another location; and
235	(c)  Assist the homeowner in relocating to any other
236	adequate and suitable housing.
237
238	The financial assistance provided under this subsection to each
239	qualified homeowner shall be made as a supplement to the funds
240	provided to each qualified homeowner under the Florida Mobile
241	Home Relocation Trust Fund.
242	(5)  In order to receive supplemental financial assistance
243	under subsection (4) from the local government or community
244	redevelopment agency, the displaced mobile home owner must
245	qualify as a very-low-income, low-income, or moderate-income
246	person as defined in s. 420.0004.
247
248	Notwithstanding any other provision of law, a local government
249	or community redevelopment agency is authorized, for the
250	purposes described in subsection (4), to use revenues derived
251	from sources that include, but need not be limited to, tax
252	increment financing pursuant to s. 163.387, urban infill and
253	redevelopment funds pursuant to s. 163.2523, general revenue
254	funding, housing loan assistance programs, documentary stamp tax
255	revenues derived from the redevelopment of the property which
256	are available to the local government, and impact and permit
257	fees derived from the redevelopment of the property.
258	(6)  A local government may take action to permit and
259	approve the rezoning of property for development of new mobile
260	home parks for the purpose of providing new homes or affordable
261	housing or for the relocation of mobile home owners who are
262	displaced by a change in the use of land.
263	(7)  Any local government or community redevelopment agency
264	having jurisdiction over a mobile home park providing affordable
265	housing as defined in this section may enter into a development
266	agreement with the owner of the mobile home park to encourage
267	the continued use of the mobile home park for affordable housing
268	by incentives, including, but not limited to:
269	(a)  Awarding transferable development credits to the
270	community. The Department of Community Affairs shall provide
271	technical assistance to local governments in order to promote
272	the transfer of development rights for mobile home park owners
273	who provide affordable housing. The department may adopt rules
274	pursuant to ss. 120.536(1) and 120.54 to administer this
275	paragraph;
276	(b)  Providing tax incentives, such as property tax
277	abatement, for providing affordable housing; and
278	(c)  Providing housing assistance to the mobile home park
279	owner for the difference between the lot rental amount paid by
280	the homeowners and either the lot rental amount charged in
281	comparable mobile home parks that have similar facilities,
282	services, amenities, and management or based upon the rental
283	value of the property being dedicated to affordable housing
284	based upon the property's fair market value. The Department of
285	Community Affairs shall provide technical assistance to local
286	governments in order to promote housing assistance to mobile
287	home park owners who provide affordable housing in urban areas.
288	The department shall adopt rules pursuant to ss. 120.536(1) and
289	120.54 to administer this paragraph.
290
291	Any development agreement entered into under this subsection
292	shall have a term that does not exceed 10 years.
293	Section 4.  Paragraph (c) of subsection (1) of section
294	163.3187, Florida Statutes, is amended to read:
295	163.3187  Amendment of adopted comprehensive plan.--
296	(1)  Amendments to comprehensive plans adopted pursuant to
297	this part may be made not more than two times during any
298	calendar year, except:
299	(c)  Any local government comprehensive plan amendments
300	directly related to proposed small scale development activities
301	may be approved without regard to statutory limits on the
302	frequency of consideration of amendments to the local
303	comprehensive plan. A small scale development amendment may be
304	adopted only under the following conditions:
305	1.  The proposed amendment involves a use of 10 acres or
306	fewer and:
307	a.  The cumulative annual effect of the acreage for all
308	small scale development amendments adopted by the local
309	government shall not exceed:
310	(I)  A maximum of 120 acres in a local government that
311	contains areas specifically designated in the local
312	comprehensive plan for urban infill, urban redevelopment, or
313	downtown revitalization as defined in s. 163.3164, urban infill
314	and redevelopment areas designated under s. 163.2517,
315	transportation concurrency exception areas approved pursuant to
316	s. 163.3180(5), or regional activity centers and urban central
317	business districts approved pursuant to s. 380.06(2)(e);
318	however, amendments under this paragraph may be applied to no
319	more than 60 acres annually of property outside the designated
320	areas listed in this sub-sub-subparagraph. Amendments adopted
321	pursuant to paragraph (k) shall not be counted toward the
322	acreage limitations for small scale amendments under this
323	paragraph.
324	(II)  A maximum of 80 acres in a local government that does
325	not contain any of the designated areas set forth in sub-sub-
326	subparagraph (I).
327	(III)  A maximum of 120 acres in a county established
328	pursuant to s. 9, Art. VIII of the State Constitution.
329	b.  The proposed amendment does not involve the same
330	property granted a change within the prior 12 months.
331	c.  The proposed amendment does not involve the same
332	owner's property within 200 feet of property granted a change
333	within the prior 12 months.
334	d.  The proposed amendment does not involve a text change
335	to the goals, policies, and objectives of the local government's
336	comprehensive plan, but only proposes a land use change to the
337	future land use map for a site-specific small scale development
338	activity.
339	e.  The property that is the subject of the proposed
340	amendment is not located within an area of critical state
341	concern, unless the project subject to the proposed amendment
342	involves the construction of affordable housing units meeting
343	the criteria of s. 420.0004(3), and is located within an area of
344	critical state concern designated by s. 380.0552 or by the
345	Administration Commission pursuant to s. 380.05(1). Such
346	amendment is not subject to the density limitations of sub-
347	subparagraph f., and shall be reviewed by the state land
348	planning agency for consistency with the principles for guiding
349	development applicable to the area of critical state concern
350	where the amendment is located and shall not become effective
351	until a final order is issued under s. 380.05(6).
352	f.  If the proposed amendment involves a residential land
353	use, the residential land use has a density of 10 units or less
354	per acre or the proposed future land use category allows a
355	maximum residential density of the same or less than the maximum
356	residential density allowable under the existing future land use
357	category, except that this limitation does not apply to small
358	scale amendments involving the construction of affordable
359	housing units meeting the criteria of s. 420.0004(3) on property
360	which will be the subject of a land use restriction agreement or
361	extended use agreement recorded in conjunction with the issuance
362	of tax exempt bond financing or an allocation of federal tax
363	credits issued through the Florida Housing Finance Corporation
364	or a local housing finance authority authorized by the Division
365	of Bond Finance of the State Board of Administration, or small
366	scale amendments described in sub-sub-subparagraph a.(I) that
367	are designated in the local comprehensive plan for urban infill,
368	urban redevelopment, or downtown revitalization as defined in s.
369	163.3164, urban infill and redevelopment areas designated under
370	s. 163.2517, transportation concurrency exception areas approved
371	pursuant to s. 163.3180(5), or regional activity centers and
372	urban central business districts approved pursuant to s.
373	380.06(2)(e).
374	2.a.  A local government that proposes to consider a plan
375	amendment pursuant to this paragraph is not required to comply
376	with the procedures and public notice requirements of s.
377	163.3184(15)(c) for such plan amendments if the local government
378	complies with the provisions in s. 125.66(4)(a) for a county or
379	in s. 166.041(3)(c) for a municipality. If a request for a plan
380	amendment under this paragraph is initiated by other than the
381	local government, public notice is required.
382	b.  The local government shall send copies of the notice
383	and amendment to the state land planning agency, the regional
384	planning council, and any other person or entity requesting a
385	copy. This information shall also include a statement
386	identifying any property subject to the amendment that is
387	located within a coastal high-hazard area as identified in the
388	local comprehensive plan.
389	3.  Small scale development amendments adopted pursuant to
390	this paragraph require only one public hearing before the
391	governing board, which shall be an adoption hearing as described
392	in s. 163.3184(7), and are not subject to the requirements of s.
393	163.3184(3)-(6) unless the local government elects to have them
394	subject to those requirements.
395	4.  If the small scale development amendment involves a
396	site within an area that is designated by the Governor as a
397	rural area of critical economic concern under s. 288.0656(7) for
398	the duration of such designation, the 10-acre limit listed in
399	subparagraph 1. shall be increased by 100 percent to 20 acres.
400	The local government approving the small scale plan amendment
401	shall certify to the Office of Tourism, Trade, and Economic
402	Development that the plan amendment furthers the economic
403	objectives set forth in the executive order issued under s.
404	288.0656(7), and the property subject to the plan amendment
405	shall undergo public review to ensure that all concurrency
406	requirements and federal, state, and local environmental permit
407	requirements are met.
408	Section 5.  Section 166.0451, Florida Statutes, is created
409	to read:
410	166.0451  Disposition of municipal property for affordable
411	housing.--
412	(1)  By July 1, 2007, and every 3 years thereafter, each
413	municipality shall prepare an inventory list of all real
414	property within its jurisdiction to which the municipality holds
415	fee simple title that is appropriate for use as affordable
416	housing. The inventory list must include the address and legal
417	description of each such property and specify whether the
418	property is vacant or improved. The governing body of the
419	municipality must review the inventory list at a public hearing
420	and may revise it at the conclusion of the public hearing.
421	Following the public hearing, the governing body of the
422	municipality shall adopt a resolution that includes an inventory
423	list of such property.
424	(2)  The properties identified as appropriate for use as
425	affordable housing on the inventory list adopted by the
426	municipality may be offered for sale and the proceeds may be
427	used to purchase land for the development of affordable housing
428	or to increase the local government fund earmarked for
429	affordable housing, or may be sold with a restriction that
430	requires the development of the property as permanent affordable
431	housing, or may be donated to a nonprofit housing organization
432	for the construction of permanent affordable housing.
433	Alternatively, the municipality may otherwise make the property
434	available for use for the production and preservation of
435	permanent affordable housing. For purposes of this section, the
436	term "affordable" has the same meaning as in s. 420.0004(3).
437	Section 6.  Subsections (6) and (7) are added to section
438	189.4155, Florida Statutes, to read:
439	189.4155  Activities of special districts; local government
440	comprehensive planning.--
441	(6)  Any independent special district created pursuant to
442	chapter 190 is authorized to provide housing and housing
443	assistance for persons whose total annual household income does
444	not exceed 140 percent of the area median income, adjusted for
445	family size.
446	(7)  Any independent special district created pursuant to
447	special act or general law, including, but not limited to, this
448	chapter and chapter 298, for the purpose of providing urban
449	infrastructure or services is authorized to provide housing and
450	housing assistance for its employed personnel whose total annual
451	household income does not exceed 140 percent of the area median
452	income, adjusted for family size.
453	Section 7.  Subsection (19) is added to section 191.006,
454	Florida Statutes, to read:
455	191.006  General powers.--The district shall have, and the
456	board may exercise by majority vote, the following powers:
457	(19)  To provide housing and housing assistance for its
458	employed personnel whose total annual household income does not
459	exceed 140 percent of the area median income, adjusted for
460	family size.
461	Section 8.  Section 193.018, Florida Statutes, is created
462	to read:
463	193.018  The Manny Diaz Affordable Housing Property Tax
464	Relief Initiative.--For the purpose of assessing just valuation
465	of affordable housing properties serving persons with income
466	limits defined as extremely-low, low, moderate, and very-low, as
467	specified in s. 420.0004(8), (10), (11), and (15), the actual
468	rental income from rent-restricted units in such a property
469	shall be considered by the property appraiser for assessment
470	purposes, and a rental income approach pursuant to s. 193.011(7)
471	may be used for assessment of the following affordable housing
472	properties:
473	(1)  Property that is funded by the United States
474	Department of Housing and Urban Development under s. 8 of the
475	United States Housing Act of 1937 that is used to provide
476	affordable housing serving eligible persons as defined by s.
477	159.603(7) and elderly persons, extremely-low-income persons,
478	and very-low-income persons as defined by s. 420.0004(7), (8),
479	and (15) and that has undergone financial restructuring as
480	provided in s. 501, Title V, Subtitle A of the Multifamily
481	Assisted Housing Reform and Affordability Act of 1997;
482	(2)  Multifamily, farmworker, or elderly rental properties
483	that are funded by the Florida Housing Finance Corporation under
484	ss. 420.5087 and 420.5089 and the State Housing Initiatives
485	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
486	the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment
487	Partnership Program under the Cranston-Gonzalez National
488	Affordable Housing Act, 42 U.S.C. ss. 12741 et seq.; or the
489	Federal Home Loan Banks' Affordable Housing Program established
490	pursuant to the Financial Institutions Reform, Recovery and
491	Enforcement Act of 1989, Pub. L. No. 101-73; or
492	(3)  Multifamily residential rental properties of 10 or
493	more units that are deed restricted as affordable housing and
494	certified by the local housing agency as having at least 95
495	percent of its units providing affordable housing to extremely-
496	low-income persons, very-low-income persons, low-income persons,
497	and moderate-income persons as defined by s. 420.0004(8), (15),
498	(10), and (11).
499	Section 9.  Section 196.1978, Florida Statutes, is amended
500	to read:
501	196.1978  Affordable housing property exemption.--
502	(1)  Property used to provide affordable housing serving
503	eligible persons as defined by s. 159.603(7) and persons meeting
504	income limits specified in s. 420.0004(8), (10)(9), (11)(10),
505	and (15)(14), which property is owned entirely by a nonprofit
506	entity which is qualified as charitable under s. 501(c)(3) of
507	the Internal Revenue Code and which complies with Rev. Proc. 96-
508	32, 1996-1 C.B. 717, shall be considered property owned by an
509	exempt entity and used for a charitable purpose, and those
510	portions of the affordable housing property which provide
511	housing to individuals with incomes as defined in s.
512	420.0004(8), (10), (9) and (15)(14) shall be exempt from ad
513	valorem taxation to the extent authorized in s. 196.196.
514	(2)  For the purposes of this section, ownership entirely
515	by a nonprofit entity is classified as ownership by either:
516	(a)  A corporation not for profit; or
517	(b)  A Florida limited partnership the sole general partner
518	of which is either a corporation not for profit or a Florida
519	limited liability company or corporation the sole member or
520	shareholder, respectively, of which is a corporation not for
521	profit.
522	(3)  All property owned by a nonprofit entity identified in
523	this section shall comply with the criteria for determination of
524	exempt status to be applied by property appraisers on an annual
525	basis as defined in s. 196.195. In order to qualify for exempt
526	status, the nonprofit entity must affirmatively demonstrate to
527	the property appraiser that no part of the subject property, or
528	the sale, lease, or other disposition of the assets of the
529	property, will inure to the benefit of its member, officers,
530	limited liability partners, or any person or firm operating for
531	profit or for a nonexempt purpose, except for those required by
532	Section 42 of the Internal Revenue Code for the development or
533	syndication of the property. The Legislature intends that any
534	property owned by a limited liability company which is
535	disregarded as an entity for federal income tax purposes
536	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
537	treated as owned by its sole member.
538	Section 10.  Paragraph (f) of subsection (6) of section
539	253.034, Florida Statutes, is amended to read:
540	253.034  State-owned lands; uses.--
541	(6)  The Board of Trustees of the Internal Improvement
542	Trust Fund shall determine which lands, the title to which is
543	vested in the board, may be surplused. For conservation lands,
544	the board shall make a determination that the lands are no
545	longer needed for conservation purposes and may dispose of them
546	by an affirmative vote of at least three members. In the case of
547	a land exchange involving the disposition of conservation lands,
548	the board must determine by an affirmative vote of at least
549	three members that the exchange will result in a net positive
550	conservation benefit. For all other lands, the board shall make
551	a determination that the lands are no longer needed and may
552	dispose of them by an affirmative vote of at least three
553	members.
554	(f)1.  In reviewing lands owned by the board, the council
555	shall consider whether such lands would be more appropriately
556	owned or managed by the county or other unit of local government
557	in which the land is located. The council shall recommend to the
558	board whether a sale, lease, or other conveyance to a local
559	government would be in the best interests of the state and local
560	government. The provisions of this paragraph in no way limit the
561	provisions of ss. 253.111 and 253.115. Such lands shall be
562	offered to the state, county, or local government for a period
563	of 30 days. Permittable uses for such surplus lands may include
564	public schools; public libraries; fire or law enforcement
565	substations; and governmental, judicial, or recreational
566	centers; and affordable housing meeting the criteria of s.
567	420.0004(3). County or local government requests for surplus
568	lands shall be expedited throughout the surplusing process. If
569	the county or local government does not elect to purchase such
570	lands in accordance with s. 253.111, then any surplusing
571	determination involving other governmental agencies shall be
572	made upon the board deciding the best public use of the lands.
573	Surplus properties in which governmental agencies have expressed
574	no interest shall then be available for sale on the private
575	market.
576	2.  Notwithstanding subparagraph 1., any surplus lands that
577	were acquired by the state prior to 1958 by a gift or other
578	conveyance for no consideration from a municipality, and which
579	the department has filed by July 1, 2006, a notice of its intent
580	to surplus, shall be first offered for reconveyance to such
581	municipality at no cost, but for the fair market value of any
582	building or other improvements to the land, unless otherwise
583	provided in a deed restriction of record. This subparagraph
584	expires July 1, 2006.
585	Section 11.  Section 253.0341, Florida Statutes, is amended
586	to read:
587	253.0341  Surplus of state-owned lands to counties or local
588	governments.--Counties and local governments may submit
589	surplusing requests for state-owned lands directly to the board
590	of trustees. County or local government requests for the state
591	to surplus conservation or nonconservation lands, whether for
592	purchase or exchange, shall be expedited throughout the
593	surplusing process. Property jointly acquired by the state and
594	other entities shall not be surplused without the consent of all
595	joint owners.
596	(1)  The decision to surplus state-owned nonconservation
597	lands may be made by the board without a review of, or a
598	recommendation on, the request from the Acquisition and
599	Restoration Council or the Division of State Lands. Such
600	requests for nonconservation lands shall be considered by the
601	board within 60 days of the board's receipt of the request.
602	(2)  County or local government requests for the surplusing
603	of state-owned conservation lands are subject to review of, and
604	recommendation on, the request to the board by the Acquisition
605	and Restoration Council. Requests to surplus conservation lands
606	shall be considered by the board within 120 days of the board's
607	receipt of the request.
608	(3)  A local government may request that state lands be
609	specifically declared surplus lands for the purpose of providing
610	affordable housing. The request shall comply with the
611	requirements of subsection (1) if the lands are nonconservation
612	lands or subsection (2) if the lands are conservation lands.
613	Surplus lands that are conveyed to a local government for
614	affordable housing shall be disposed of by the local government
615	under the provisions of s. 125.379 or s. 166.0451.
616	Section 12.  Section 295.16, Florida Statutes, is amended
617	to read:
618	295.16  Disabled veterans exempt from certain license or
619	permit fee.--No totally and permanently disabled veteran who is
620	a resident of Florida and honorably discharged from the Armed
621	Forces, who has been issued a valid identification card by the
622	Department of Veterans' Affairs in accordance with s. 295.17 or
623	has been determined by the United States Department of Veterans
624	Affairs or its predecessor to have a service-connected 100-
625	percent disability rating for compensation, or who has been
626	determined to have a service-connected disability rating of 100
627	percent and is in receipt of disability retirement pay from any
628	branch of the uniformed armed services, shall be required to pay
629	any license or permit fee, by whatever name known, to any county
630	or municipality in order to make improvements upon a dwelling
631	mobile home owned by the veteran which is used as the veteran's
632	residence, provided such improvements are limited to ramps,
633	widening of doors, and similar improvements for the purpose of
634	making the dwelling mobile home habitable for veterans confined
635	to wheelchairs.
636	Section 13.  Subsection (13) is added to section 376.30781,
637	Florida Statutes, to read:
638	376.30781  Partial tax credits for rehabilitation of
639	drycleaning-solvent-contaminated sites and brownfield sites in
640	designated brownfield areas; application process; rulemaking
641	authority; revocation authority.--
642	(13)  An applicant that provides affordable housing meeting
643	the criteria of s. 420.0004(3) shall be considered eligible for
644	funding under this section if the applicant can certify that it
645	is a corporate affiliate or a subsidiary of a corporate parent,
646	that it has an agreement with the party that entered into a
647	voluntary cleanup agreement with the Department of Environmental
648	Protection for a drycleaning-solvent-contaminated site or a
649	brownfield site, or that it has a Brownfield Site Rehabilitation
650	Agreement. If the applicant can certify that it qualifies for
651	funding through such certification but has been denied tax
652	credits in the previous year, the applicant may reapply in the
653	following year one time for the total amount of credits that
654	were denied.
655	Section 14.  Paragraphs (b) and (e) of subsection (19) of
656	section 380.06, Florida Statutes, are amended, and paragraph (i)
657	is added to that subsection, to read:
658	380.06  Developments of regional impact.--
659	(19)  SUBSTANTIAL DEVIATIONS.--
660	(b)  Any proposed change to a previously approved
661	development of regional impact or development order condition
662	which, either individually or cumulatively with other changes,
663	exceeds any of the following criteria shall constitute a
664	substantial deviation and shall cause the development to be
665	subject to further development-of-regional-impact review without
666	the necessity for a finding of same by the local government:
667	1.  An increase in the number of parking spaces at an
668	attraction or recreational facility by 5 percent or 300 spaces,
669	whichever is greater, or an increase in the number of spectators
670	that may be accommodated at such a facility by 5 percent or
671	1,000 spectators, whichever is greater.
672	2.  A new runway, a new terminal facility, a 25-percent
673	lengthening of an existing runway, or a 25-percent increase in
674	the number of gates of an existing terminal, but only if the
675	increase adds at least three additional gates.
676	3.  An increase in the number of hospital beds by 5 percent
677	or 60 beds, whichever is greater.
678	4.  An increase in industrial development area by 5 percent
679	or 32 acres, whichever is greater.
680	5.  An increase in the average annual acreage mined by 5
681	percent or 10 acres, whichever is greater, or an increase in the
682	average daily water consumption by a mining operation by 5
683	percent or 300,000 gallons, whichever is greater. An increase in
684	the size of the mine by 5 percent or 750 acres, whichever is
685	less. An increase in the size of a heavy mineral mine as defined
686	in s. 378.403(7) will only constitute a substantial deviation if
687	the average annual acreage mined is more than 500 acres and
688	consumes more than 3 million gallons of water per day.
689	6.  An increase in land area for office development by 5
690	percent or an increase of gross floor area of office development
691	by 5 percent or 60,000 gross square feet, whichever is greater.
692	7.  An increase in the storage capacity for chemical or
693	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
694	million pounds, whichever is greater.
695	8.  An increase of development at a waterport of wet
696	storage for 20 watercraft, dry storage for 30 watercraft, or
697	wet/dry storage for 60 watercraft in an area identified in the
698	state marina siting plan as an appropriate site for additional
699	waterport development or a 5-percent increase in watercraft
700	storage capacity, whichever is greater.
701	9.  An increase in the number of dwelling units by 5
702	percent or 50 dwelling units, whichever is greater.
703	10.  An increase in the number of dwelling units by 50
704	percent, or 200 units, whichever is greater, provided that 15
705	percent of the proposed additional dwelling units are dedicated
706	to affordable workforce housing, subject to a recorded land use
707	restriction that shall be for a period of not less than 20 years
708	and that includes resale provisions to ensure long-term
709	affordability for income-eligible homeowners and renters and
710	provisions for the workforce housing to be commenced prior to
711	the completion of 50 percent of the market rate dwelling. For
712	purposes of this subparagraph, the term "affordable workforce
713	housing" means housing that is affordable to a person who earns
714	less than 120 percent of the area median income, or less than
715	140 percent of the area median income if located in a county in
716	which the median purchase price for a single-family existing
717	home exceeds the statewide median purchase price of a single-
718	family existing home. For purposes of this subparagraph, the
719	term "statewide median purchase price of a single-family
720	existing home" means the statewide purchase price as determined
721	in the Florida Sales Report, Single-Family Existing Homes,
722	released each January by the Florida Association of Realtors and
723	the University of Florida Real Estate Research Center.
724	11.10.  An increase in commercial development by 50,000
725	square feet of gross floor area or of parking spaces provided
726	for customers for 300 cars or a 5-percent increase of either of
727	these, whichever is greater.
728	12.11.  An increase in hotel or motel facility units by 5
729	percent or 75 units, whichever is greater.
730	13.12.  An increase in a recreational vehicle park area by
731	5 percent or 100 vehicle spaces, whichever is less.
732	14.13.  A decrease in the area set aside for open space of
733	5 percent or 20 acres, whichever is less.
734	15.14.  A proposed increase to an approved multiuse
735	development of regional impact where the sum of the increases of
736	each land use as a percentage of the applicable substantial
737	deviation criteria is equal to or exceeds 100 percent. The
738	percentage of any decrease in the amount of open space shall be
739	treated as an increase for purposes of determining when 100
740	percent has been reached or exceeded.
741	16.15.  A 15-percent increase in the number of external
742	vehicle trips generated by the development above that which was
743	projected during the original development-of-regional-impact
744	review.
745	17.16.  Any change which would result in development of any
746	area which was specifically set aside in the application for
747	development approval or in the development order for
748	preservation or special protection of endangered or threatened
749	plants or animals designated as endangered, threatened, or
750	species of special concern and their habitat, primary dunes, or
751	archaeological and historical sites designated as significant by
752	the Division of Historical Resources of the Department of State.
753	The further refinement of such areas by survey shall be
754	considered under sub-subparagraph (e)5.b.
755
756	The substantial deviation numerical standards in subparagraphs
757	4., 6., 10., 11., and 15. 14., excluding residential uses, and
758	16. 15., are increased by 100 percent for a project certified
759	under s. 403.973 which creates jobs and meets criteria
760	established by the Office of Tourism, Trade, and Economic
761	Development as to its impact on an area's economy, employment,
762	and prevailing wage and skill levels. The substantial deviation
763	numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
764	and 15. 14. are increased by 50 percent for a project located
765	wholly within an urban infill and redevelopment area designated
766	on the applicable adopted local comprehensive plan future land
767	use map and not located within the coastal high hazard area.
768	(e)1.  Except for a development order rendered pursuant to
769	subsection (22) or subsection (25), a proposed change to a
770	development order that individually or cumulatively with any
771	previous change is less than any numerical criterion contained
772	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
773	other criterion, or that involves an extension of the buildout
774	date of a development, or any phase thereof, of less than 5
775	years is not subject to the public hearing requirements of
776	subparagraph (f)3., and is not subject to a determination
777	pursuant to subparagraph (f)5. Notice of the proposed change
778	shall be made to the regional planning council and the state
779	land planning agency. Such notice shall include a description of
780	previous individual changes made to the development, including
781	changes previously approved by the local government, and shall
782	include appropriate amendments to the development order.
783	2.  The following changes, individually or cumulatively
784	with any previous changes, are not substantial deviations:
785	a.  Changes in the name of the project, developer, owner,
786	or monitoring official.
787	b.  Changes to a setback that do not affect noise buffers,
788	environmental protection or mitigation areas, or archaeological
789	or historical resources.
790	c.  Changes to minimum lot sizes.
791	d.  Changes in the configuration of internal roads that do
792	not affect external access points.
793	e.  Changes to the building design or orientation that stay
794	approximately within the approved area designated for such
795	building and parking lot, and which do not affect historical
796	buildings designated as significant by the Division of
797	Historical Resources of the Department of State.
798	f.  Changes to increase the acreage in the development,
799	provided that no development is proposed on the acreage to be
800	added.
801	g.  Changes to eliminate an approved land use, provided
802	that there are no additional regional impacts.
803	h.  Changes required to conform to permits approved by any
804	federal, state, or regional permitting agency, provided that
805	these changes do not create additional regional impacts.
806	i.  Any renovation or redevelopment of development within a
807	previously approved development of regional impact which does
808	not change land use or increase density or intensity of use.
809	j.  Any other change which the state land planning agency
810	agrees in writing is similar in nature, impact, or character to
811	the changes enumerated in sub-subparagraphs a.-i. and which does
812	not create the likelihood of any additional regional impact.
813
814	This subsection does not require a development order amendment
815	for any change listed in sub-subparagraphs a.-j. unless such
816	issue is addressed either in the existing development order or
817	in the application for development approval, but, in the case of
818	the application, only if, and in the manner in which, the
819	application is incorporated in the development order.
820	3.  Except for the change authorized by sub-subparagraph
821	2.f., any addition of land not previously reviewed or any change
822	not specified in paragraph (b) or paragraph (c) shall be
823	presumed to create a substantial deviation. This presumption may
824	be rebutted by clear and convincing evidence.
825	4.  Any submittal of a proposed change to a previously
826	approved development shall include a description of individual
827	changes previously made to the development, including changes
828	previously approved by the local government. The local
829	government shall consider the previous and current proposed
830	changes in deciding whether such changes cumulatively constitute
831	a substantial deviation requiring further development-of-
832	regional-impact review.
833	5.  The following changes to an approved development of
834	regional impact shall be presumed to create a substantial
835	deviation. Such presumption may be rebutted by clear and
836	convincing evidence.
837	a.  A change proposed for 15 percent or more of the acreage
838	to a land use not previously approved in the development order.
839	Changes of less than 15 percent shall be presumed not to create
840	a substantial deviation.
841	b.  Except for the types of uses listed in subparagraph
842	(b)17. (b)16., any change which would result in the development
843	of any area which was specifically set aside in the application
844	for development approval or in the development order for
845	preservation, buffers, or special protection, including habitat
846	for plant and animal species, archaeological and historical
847	sites, dunes, and other special areas.
848	c.  Notwithstanding any provision of paragraph (b) to the
849	contrary, a proposed change consisting of simultaneous increases
850	and decreases of at least two of the uses within an authorized
851	multiuse development of regional impact which was originally
852	approved with three or more uses specified in s. 380.0651(3)(c),
853	(d), (f), and (g) and residential use.
854	(i)  An increase in the number of residential dwelling
855	units shall not constitute a substantial deviation and shall not
856	be subject to development-of-regional-impact review for
857	additional impacts, provided that all the residential dwelling
858	units are dedicated to affordable workforce housing and the
859	total number of new residential units does not exceed 200
860	percent of the substantial deviation threshold. The affordable
861	workforce housing shall be subject to a recorded land use
862	restriction that shall be for a period of not less than 20 years
863	and that includes resale provisions to ensure long-term
864	affordability for income-eligible homeowners and renters. For
865	purposes of this paragraph, the term "affordable workforce
866	housing" means housing that is affordable to a person who earns
867	not more than 120 percent of the area median income, or not more
868	than 140 percent of the area median income if located in a
869	county in which the median purchase price for a single-family
870	existing home exceeds the statewide median purchase price of a
871	single-family existing home. For purposes of this paragraph, the
872	term "statewide median purchase price of a single-family
873	existing home" means the statewide purchase price as determined
874	in the Florida Sales Report, Single-Family Existing Homes,
875	released each January by the Florida Association of Realtors and
876	the University of Florida Real Estate Research Center.
877	Section 15.  Paragraph (k) of subsection (3) of section
878	380.0651, Florida Statutes, is redesignated as paragraph (l),
879	and a new paragraph (k) is added to that subsection to read:
880	380.0651  Statewide guidelines and standards.--
881	(3)  The following statewide guidelines and standards shall
882	be applied in the manner described in s. 380.06(2) to determine
883	whether the following developments shall be required to undergo
884	development-of-regional-impact review:
885	(k)  Workforce housing.--The applicable guidelines for
886	residential development and the residential component for
887	multiuse development shall be increased by 50 percent where the
888	developer demonstrates that at least 15 percent of the total
889	residential dwelling units authorized within the development of
890	regional impact will be dedicated to affordable workforce
891	housing, subject to a recorded land use restriction that shall
892	be for a period of not less than 20 years and that includes
893	resale provisions to ensure long-term affordability for income-
894	eligible homeowners and renters and provisions for the workforce
895	housing to be commenced prior to the completion of 50 percent of
896	the market rate dwelling. For purposes of this paragraph, the
897	term "affordable workforce housing" means housing that is
898	affordable to a person who earns not more than 120 percent of
899	the area median income, or not more than 140 percent of the area
900	median income if located in a county in which the median
901	purchase price for a single-family existing home exceeds the
902	statewide median purchase price of a single-family existing
903	home. For the purposes of this paragraph, the term "statewide
904	median purchase price of a single-family existing home" means
905	the statewide purchase price as determined in the Florida Sales
906	Report, Single-Family Existing Homes, released each January by
907	the Florida Association of Realtors and the University of
908	Florida Real Estate Research Center.
909	Section 16.  Section 420.0004, Florida Statutes, is amended
910	to read:
911	420.0004  Definitions.--As used in this part, unless the
912	context otherwise indicates:
913	(1)  "Adjusted for family size" means adjusted in a manner
914	which results in an income eligibility level which is lower for
915	households with fewer than four people, or higher for households
916	with more than four people, than the base income eligibility
917	determined as provided in subsection (8), subsection (10) (9),
918	subsection (11) (10), or subsection (15) (14), based upon a
919	formula as established by the United States Department of
920	Housing and Urban Development.
921	(2)  "Adjusted gross income" means all wages, assets,
922	regular cash or noncash contributions or gifts from persons
923	outside the household, and such other resources and benefits as
924	may be determined to be income by the United States Department
925	of Housing and Urban Development, adjusted for family size, less
926	deductions allowable under s. 62 of the Internal Revenue Code.
927	(3)  "Affordable" means that monthly rents or monthly
928	mortgage payments including taxes, insurance, and utilities do
929	not exceed 30 percent of that amount which represents the
930	percentage of the median adjusted gross annual income for the
931	households as indicated in subsection (8), subsection (10) (9),
932	subsection (11) (10), or subsection (15) (14).
933	(4)  "Corporation" means the Florida Housing Finance
934	Corporation.
935	(5)  "Community-based organization" or "nonprofit
936	organization" means a private corporation organized under
937	chapter 617 to assist in the provision of housing and related
938	services on a not-for-profit basis and which is acceptable to
939	federal and state agencies and financial institutions as a
940	sponsor of low-income housing.
941	(6)  "Department" means the Department of Community
942	Affairs.
943	(7)  "Elderly" describes persons 62 years of age or older.
944	(8)  "Extremely-low-income persons" means one or more
945	natural persons or a family whose total annual household income
946	does not exceed 30 percent of the median annual adjusted gross
947	income for households within the state. The Florida Housing
948	Finance Corporation may adjust this amount annually by rule to
949	provide that in lower income counties, extremely-low-income may
950	exceed 30 percent of area median income and that in higher
951	income counties, extremely-low-income may be less than 30
952	percent of area median income.
953	(9)(8)  "Local public body" means any county, municipality,
954	or other political subdivision, or any housing authority as
955	provided by chapter 421, which is eligible to sponsor or develop
956	housing for farmworkers and very-low-income and low-income
957	persons within its jurisdiction.
958	(10)(9)  "Low-income persons" means one or more natural
959	persons or a family, the total annual adjusted gross household
960	income of which does not exceed 80 percent of the median annual
961	adjusted gross income for households within the state, or 80
962	percent of the median annual adjusted gross income for
963	households within the metropolitan statistical area (MSA) or, if
964	not within an MSA, within the county in which the person or
965	family resides, whichever is greater.
966	(11)(10)  "Moderate-income persons" means one or more
967	natural persons or a family, the total annual adjusted gross
968	household income of which is less than 120 percent of the median
969	annual adjusted gross income for households within the state, or
970	120 percent of the median annual adjusted gross income for
971	households within the metropolitan statistical area (MSA) or, if
972	not within an MSA, within the county in which the person or
973	family resides, whichever is greater.
974	(12)(11)  "Student" means any person not living with his or
975	her parent or guardian who is eligible to be claimed by his or
976	her parent or guardian as a dependent under the federal income
977	tax code and who is enrolled on at least a half-time basis in a
978	secondary school, career center, community college, college, or
979	university.
980	(13)(12)  "Substandard" means:
981	(a)  Any unit lacking complete plumbing or sanitary
982	facilities for the exclusive use of the occupants;
983	(b)  A unit which is in violation of one or more major
984	sections of an applicable housing code and where such violation
985	poses a serious threat to the health of the occupant; or
986	(c)  A unit that has been declared unfit for human
987	habitation but that could be rehabilitated for less than 50
988	percent of the property value.
989	(14)(13)  "Substantial rehabilitation" means repair or
990	restoration of a dwelling unit where the value of such repair or
991	restoration exceeds 40 percent of the value of the dwelling.
992	(15)(14)  "Very-low-income persons" means one or more
993	natural persons or a family, not including students, the total
994	annual adjusted gross household income of which does not exceed
995	50 percent of the median annual adjusted gross income for
996	households within the state, or 50 percent of the median annual
997	adjusted gross income for households within the metropolitan
998	statistical area (MSA) or, if not within an MSA, within the
999	county in which the person or family resides, whichever is
1000	greater.
1001	Section 17.  Section 420.37, Florida Statutes, is amended
1002	to read:
1003	420.37  Additional powers of the agency Florida Housing
1004	Finance Corporation.--The agency Florida Housing Finance
1005	Corporation shall have all powers necessary or convenient to
1006	carry out and effectuate the purposes of this part, including
1007	the power to provide for the collection and payment of fees and
1008	charges, regardless of method of payment, including, but not
1009	limited to, reimbursement of costs of financing by the agency
1010	corporation, credit underwriting fees, servicing charges, and
1011	insurance premiums determined by the agency corporation to be
1012	reasonable and as approved by the agency corporation. The fees
1013	and charges may be paid directly by the borrower to the insurer,
1014	lender, or servicing agent or may be deducted from the payments
1015	collected by such insurer, lender, or servicing agent.
1016	Section 18.  Subsection (18) of section 420.503, Florida
1017	Statutes, is amended to read:
1018	420.503  Definitions.--As used in this part, the term:
1019	(18)(a)  "Farmworker" means a laborer who is employed on a
1020	seasonal, temporary, or permanent basis in the planting,
1021	cultivating, harvesting, or processing of agricultural or
1022	aquacultural products and who derived at least 50 percent of her
1023	or his income in the immediately preceding 12 months from such
1024	employment.
1025	(b)  "Farmworker" also includes a person who has retired as
1026	a laborer due to age, disability, or illness. In order to be
1027	considered retired as a farmworker due to age under this part, a
1028	person must be 50 years of age or older and must have been
1029	employed for a minimum of 5 years as a farmworker before
1030	retirement. In order to be considered retired as a farmworker
1031	due to disability or illness, a person must:
1032	1.(a)  Establish medically that she or he is unable to be
1033	employed as a farmworker due to that disability or illness.
1034	2.(b)  Establish that she or he was previously employed as
1035	a farmworker.
1036	(c)  Notwithstanding paragraphs (a) and (b), when
1037	corporation-administered funds are used in conjunction with
1038	United States Department of Agriculture Rural Development funds,
1039	the term "farmworker" may mean a laborer who meets, at a
1040	minimum, the definition of "domestic farm laborer" as found in 7
1041	C.F.R. s. 3560.11, as amended. The corporation may establish
1042	additional criteria by rule.
1043	Section 19.  Section 420.5061, Florida Statutes, is amended
1044	to read:
1045	420.5061  Transfer of agency assets and
1046	liabilities.--Effective January 1, 1998, all assets and
1047	liabilities and rights and obligations, including any
1048	outstanding contractual obligations, of the agency shall be
1049	transferred to the corporation as legal successor in all
1050	respects to the agency. The corporation shall thereupon become
1051	obligated to the same extent as the agency under any existing
1052	agreements and be entitled to any rights and remedies previously
1053	afforded the agency by law or contract, including specifically
1054	the rights of the agency under chapter 201 and part VI of
1055	chapter 159. The corporation is a state agency for purposes of
1056	s. 159.807(4)(a). Effective January 1, 1998, all references
1057	under Florida law to the agency are deemed to mean the
1058	corporation. The corporation shall transfer to the General
1059	Revenue Fund an amount which otherwise would have been deducted
1060	as a service charge pursuant to s. 215.20(1) if the Florida
1061	Housing Finance Corporation Fund established by s. 420.508(5),
1062	the State Apartment Incentive Loan Fund established by s.
1063	420.5087(7), the Florida Homeownership Assistance Fund
1064	established by s. 420.5088(4)(5), the HOME Investment
1065	Partnership Fund established by s. 420.5089(1), and the Housing
1066	Predevelopment Loan Fund established by s. 420.525(1) were each
1067	trust funds. For purposes of s. 112.313, the corporation is
1068	deemed to be a continuation of the agency, and the provisions
1069	thereof are deemed to apply as if the same entity remained in
1070	place. Any employees of the agency and agency board members
1071	covered by s. 112.313(9)(a)6. shall continue to be entitled to
1072	the exemption in that subparagraph, notwithstanding being hired
1073	by the corporation or appointed as board members of the
1074	corporation. Effective January 1, 1998, all state property in
1075	use by the agency shall be transferred to and become the
1076	property of the corporation.
1077	Section 20.  Subsections (22), (23), and (40) of section
1078	420.507, Florida Statutes, are amended, and subsections (44) and
1079	(45) are added to that section, to read:
1080	420.507  Powers of the corporation.--The corporation shall
1081	have all the powers necessary or convenient to carry out and
1082	effectuate the purposes and provisions of this part, including
1083	the following powers which are in addition to all other powers
1084	granted by other provisions of this part:
1085	(22)  To develop and administer the State Apartment
1086	Incentive Loan Program. In developing and administering that
1087	program, the corporation may:
1088	(a)  Make first, second, and other subordinated mortgage
1089	loans including variable or fixed rate loans subject to
1090	contingent interest for all State Apartment Incentive Loans
1091	provided for in this chapter based upon available cash flow of
1092	the projects. The corporation shall make loans exceeding 25
1093	percent of project cost available only to nonprofit
1094	organizations and public bodies which are able to secure grants,
1095	donations of land, or contributions from other sources and to
1096	projects meeting the criteria of subparagraph 1. Mortgage loans
1097	shall be made available at the following rates of interest:
1098	1.  Zero to 3 percent interest for sponsors of projects
1099	that set aside at least maintain an 80 percent occupancy of
1100	their total units for residents qualifying as farmworkers as
1101	defined in this part s. 420.503(18), or commercial fishing
1102	workers as defined in this part s. 420.503(5), or the homeless
1103	as defined in s. 420.621(4) over the life of the loan.
1104	2.  Zero to 3 percent interest based on the pro rata share
1105	of units set aside for homeless residents if the total of such
1106	units is less than 80 percent of the units in the borrower's
1107	project.
1108	3.  One Three to 9 percent interest for sponsors of
1109	projects targeted at populations other than farmworkers,
1110	commercial fishing workers, and the homeless.
1111	(b)  Make loans exceeding 25 percent of project cost when
1112	the project serves extremely-low-income persons.
1113	(c)  Forgive indebtedness for a share of the loan
1114	attributable to the units in a project reserved for extremely-
1115	low-income persons.
1116	(d)(b)  Geographically and demographically target the
1117	utilization of loans.
1118	(e)(c)  Underwrite credit, and reject projects which do not
1119	meet the established standards of the corporation.
1120	(f)(d)  Negotiate with governing bodies within the state
1121	after a loan has been awarded to obtain local government
1122	contributions.
1123	(g)(e)  Inspect any records of a sponsor at any time during
1124	the life of the loan or the agreed period for maintaining the
1125	provisions of s. 420.5087.
1126	(h)(f)  Establish, by rule, the procedure for evaluating,
1127	scoring, and competitively ranking all applications based on the
1128	criteria set forth in s. 420.5087(6)(c); determining actual loan
1129	amounts; making and servicing loans; and exercising the powers
1130	authorized in this subsection.
1131	(i)(g)  Establish a loan loss insurance reserve to be used
1132	to protect the outstanding program investment in case of a
1133	default, deed in lieu of foreclosure, or foreclosure of a
1134	program loan.
1135	(23)  To develop and administer the Florida Homeownership
1136	Assistance Program. In developing and administering the program,
1137	the corporation may:
1138	(a)1.  Make subordinated loans to eligible borrowers for
1139	down payments or closing costs related to the purchase of the
1140	borrower's primary residence.
1141	2.  Make permanent loans to eligible borrowers related to
1142	the purchase of the borrower's primary residence.
1143	3.  Make subordinated loans to nonprofit sponsors or
1144	developers of housing for purchase of property, for
1145	construction, or for financing of housing to be offered for sale
1146	to eligible borrowers as a primary residence at an affordable
1147	price.
1148	(b)  Establish a loan loss insurance reserve to supplement
1149	existing sources of mortgage insurance with appropriated funds.
1150	(c)  Geographically and demographically target the
1151	utilization of loans.
1152	(d)  Defer repayment of loans for the term of the first
1153	mortgage.
1154	(e)  Establish flexible terms for loans with an interest
1155	rate not to exceed 3 percent per annum and which are
1156	nonamortizing for the term of the first mortgage.
1157	(f)  Require repayment of loans upon sale, transfer,
1158	refinancing, or rental of secured property, unless otherwise
1159	approved by the corporation.
1160	(g)  Accelerate a loan for monetary default, for failure to
1161	provide the benefits of the loans to eligible borrowers, or for
1162	violation of any other restriction placed upon the loan.
1163	(h)  Adopt rules for the program and exercise the powers
1164	authorized in this subsection.
1165	(40)  To establish subsidiary business entities
1166	corporations for the purpose of taking title to and managing and
1167	disposing of property acquired by the corporation. Such
1168	subsidiary business entities corporations shall be public
1169	business entities corporations wholly owned by the corporation;
1170	shall be entitled to own, mortgage, and sell property on the
1171	same basis as the corporation; and shall be deemed business
1172	entities corporations primarily acting as an agent agents of the
1173	state, within the meaning of s. 768.28, on the same basis as the
1174	corporation. Any subsidiary business entity created by the
1175	corporation shall be subject to chapters 119, 120, and 286 to
1176	the same extent as the corporation. The subsidiary business
1177	entities shall have authority to make rules necessary to conduct
1178	business and to carry out the purposes of this subsection.
1179	(44)  To adopt rules for the intervention and negotiation
1180	of terms or other actions necessary to further program goals or
1181	avoid default of a program loan. Such rules must consider fiscal
1182	program goals and the preservation or advancement of affordable
1183	housing for the state.
1184	(45)  To establish by rule requirements for periodic
1185	reporting of data, including, but not limited to, financial
1186	data, housing market data, detailed economic and physical
1187	occupancy on multifamily projects, and demographic data on all
1188	housing financed through corporation programs and for
1189	participation in a housing locator system.
1190	Section 21.  Subsections (1), (3), (5), and (6) of section
1191	420.5087, Florida Statutes, are amended to read:
1192	420.5087  State Apartment Incentive Loan Program.--There is
1193	hereby created the State Apartment Incentive Loan Program for
1194	the purpose of providing first, second, or other subordinated
1195	mortgage loans or loan guarantees to sponsors, including for-
1196	profit, nonprofit, and public entities, to provide housing
1197	affordable to very-low-income persons.
1198	(1)  Program funds shall be distributed over successive 3-
1199	year periods in a manner that meets the need and demand for
1200	very-low-income housing throughout the state. That need and
1201	demand must be determined by using the most recent statewide
1202	low-income rental housing market studies available at the
1203	beginning of each 3-year period. However, at least 10 percent of
1204	the program funds distributed during a 3-year period must be
1205	allocated to each of the following categories of counties, as
1206	determined by using the population statistics published in the
1207	most recent edition of the Florida Statistical Abstract:
1208	(a)  Counties that have a population of 825,000 or more.
1209	more than 500,000 people;
1210	(b)  Counties that have a population of more than between
1211	100,000 but less than 825,000. and 500,000 people; and
1212	(c)  Counties that have a population of 100,000 or less.
1213
1214	Any increase in funding required to reach the 10-percent minimum
1215	shall be taken from the county category that has the largest
1216	allocation. The corporation shall adopt rules which establish an
1217	equitable process for distributing any portion of the 10 percent
1218	of program funds allocated to the county categories specified in
1219	this subsection which remains unallocated at the end of a 3-year
1220	period. Counties that have a population of 100,000 or less shall
1221	be given preference under these rules.
1222	(3)  During the first 6 months of loan or loan guarantee
1223	availability, program funds shall be reserved for use by
1224	sponsors who provide the housing set-aside required in
1225	subsection (2) for the tenant groups designated in this
1226	subsection. The reservation of funds to each of these groups
1227	shall be determined using the most recent statewide very-low-
1228	income rental housing market study available at the time of
1229	publication of each notice of fund availability required by
1230	paragraph (6)(b). The reservation of funds within each notice of
1231	fund availability to the tenant groups in paragraphs (a), (b),
1232	and (d) may not be less than 10 percent of the funds available
1233	at that time. Any increase in funding required to reach the 10-
1234	percent minimum shall be taken from the tenant group that has
1235	the largest reservation. The reservation of funds within each
1236	notice of fund availability to the tenant group in paragraph (c)
1237	may not be less than 5 percent of the funds available at that
1238	time. The tenant groups are:
1239	(a)  Commercial fishing workers and farmworkers;
1240	(b)  Families;
1241	(c)  Persons who are homeless; and
1242	(d)  Elderly persons. Ten percent of the amount reserved
1243	for the elderly shall be reserved to provide loans to sponsors
1244	of housing for the elderly for the purpose of making building
1245	preservation, health, or sanitation repairs or improvements
1246	which are required by federal, state, or local regulation or
1247	code, or lifesafety or security-related repairs or improvements
1248	to such housing. Such a loan may not exceed $750,000 per housing
1249	community for the elderly. In order to receive the loan, the
1250	sponsor of the housing community must make a commitment to match
1251	at least 5 15 percent of the loan amount to pay the cost of such
1252	repair or improvement. The corporation shall establish the rate
1253	of interest on the loan, which may not exceed 3 percent, and the
1254	term of the loan, which may not exceed 15 years; however, if the
1255	lien of the corporation's encumbrance is subordinate to the lien
1256	of another mortgagee, then the term may be made coterminous with
1257	the longest term of the superior lien. The term of the loan
1258	shall be established on the basis of a credit analysis of the
1259	applicant. The corporation shall establish, by rule, the
1260	procedure and criteria for receiving, evaluating, and
1261	competitively ranking all applications for loans under this
1262	paragraph. A loan application must include evidence of the first
1263	mortgagee's having reviewed and approved the sponsor's intent to
1264	apply for a loan. A nonprofit organization or sponsor may not
1265	use the proceeds of the loan to pay for administrative costs,
1266	routine maintenance, or new construction.
1267	(5)  The amount of the mortgage provided under this program
1268	combined with any other mortgage in a superior position shall be
1269	less than the value of the project without the housing set-aside
1270	required by subsection (2). However, the corporation may waive
1271	this requirement for projects in rural areas or urban infill
1272	areas which have market rate rents that are less than the
1273	allowable rents pursuant to applicable state and federal
1274	guidelines, and for projects which reserve units for extremely-
1275	low-income persons. In no event shall the mortgage provided
1276	under this program combined with any other mortgage in a
1277	superior position exceed total project cost.
1278	(6)  On all state apartment incentive loans, except loans
1279	made to housing communities for the elderly to provide for
1280	lifesafety, building preservation, health, sanitation, or
1281	security-related repairs or improvements, the following
1282	provisions shall apply:
1283	(a)  The corporation shall establish two interest rates in
1284	accordance with s. 420.507(22)(a)1. and 3. 2.
1285	(b)  The corporation shall publish a notice of fund
1286	availability in a publication of general circulation throughout
1287	the state. Such notice shall be published at least 60 days prior
1288	to the application deadline and shall provide notice of the
1289	temporary reservations of funds established in subsection (3).
1290	(c)  The corporation shall provide by rule for the
1291	establishment of a review committee composed of the department
1292	and corporation staff and shall establish by rule a scoring
1293	system for evaluation and competitive ranking of applications
1294	submitted in this program, including, but not limited to, the
1295	following criteria:
1296	1.  Tenant income and demographic targeting objectives of
1297	the corporation.
1298	2.  Targeting objectives of the corporation which will
1299	ensure an equitable distribution of loans between rural and
1300	urban areas.
1301	3.  Sponsor's agreement to reserve the units for persons or
1302	families who have incomes below 50 percent of the state or local
1303	median income, whichever is higher, for a time period to exceed
1304	the minimum required by federal law or the provisions of this
1305	part.
1306	4.  Sponsor's agreement to reserve more than:
1307	a.  Twenty percent of the units in the project for persons
1308	or families who have incomes that do not exceed 50 percent of
1309	the state or local median income, whichever is higher; or
1310	b.  Forty percent of the units in the project for persons
1311	or families who have incomes that do not exceed 60 percent of
1312	the state or local median income, whichever is higher, without
1313	requiring a greater amount of the loans as provided in this
1314	section.
1315	5.  Provision for tenant counseling.
1316	6.  Sponsor's agreement to accept rental assistance
1317	certificates or vouchers as payment for rent; however, when
1318	certificates or vouchers are accepted as payment for rent on
1319	units set aside pursuant to subsection (2), the benefit must be
1320	divided between the corporation and the sponsor, as provided by
1321	corporation rule.
1322	7.  Projects requiring the least amount of a state
1323	apartment incentive loan compared to overall project cost except
1324	that the share of the loan attributable to units serving
1325	extremely-low-income persons shall be excluded from this
1326	requirement.
1327	8.  Local government contributions and local government
1328	comprehensive planning and activities that promote affordable
1329	housing.
1330	9.  Project feasibility.
1331	10.  Economic viability of the project.
1332	11.  Commitment of first mortgage financing.
1333	12.  Sponsor's prior experience.
1334	13.  Sponsor's ability to proceed with construction.
1335	14.  Projects that directly implement or assist welfare-to-
1336	work transitioning.
1337	15.  Projects that reserve units for extremely-low-income
1338	persons.
1339	(d)  The corporation may reject any and all applications.
1340	(e)  The corporation may approve and reject applications
1341	for the purpose of achieving geographic targeting.
1342	(f)  The review committee established by corporation rule
1343	pursuant to this subsection shall make recommendations to the
1344	board of directors of the corporation regarding program
1345	participation under the State Apartment Incentive Loan Program.
1346	The corporation board shall make the final ranking and the
1347	decisions regarding which applicants shall become program
1348	participants based on the scores received in the competitive
1349	ranking, further review of applications, and the recommendations
1350	of the review committee. The corporation board shall approve or
1351	reject applications for loans and shall determine the tentative
1352	loan amount available to each applicant selected for
1353	participation in the program. The actual loan amount shall be
1354	determined pursuant to rule adopted pursuant to s.
1355	420.507(22)(h)(f).
1356	(g)  The loan term shall be for a period of not more than
1357	15 years; however, if both a program loan and federal low-income
1358	housing tax credits are to be used to assist a project, the
1359	corporation may set the loan term for a period commensurate with
1360	the investment requirements associated with the tax credit
1361	syndication. The term of the loan may also exceed 15 years;
1362	however, if the lien of the corporation's encumbrance is
1363	subordinate to the lien of another mortgagee, then the term may
1364	be made coterminous with the longest term of the superior lien
1365	necessary to conform to requirements of the Federal National
1366	Mortgage Association. The corporation may renegotiate and extend
1367	the loan in order to extend the availability of housing for the
1368	targeted population. The term of a loan may not extend beyond
1369	the period for which the sponsor agrees to provide the housing
1370	set-aside required by subsection (2).
1371	(h)  The loan shall be subject to sale, transfer, or
1372	refinancing. The sale, transfer, or refinancing of the loan
1373	shall be consistent with fiscal program goals and the
1374	preservation or advancement of affordable housing for the state.
1375	However, all requirements and conditions of the loan shall
1376	remain following sale, transfer, or refinancing.
1377	(i)  The discrimination provisions of s. 420.516 shall
1378	apply to all loans.
1379	(j)  The corporation may require units dedicated for the
1380	elderly.
1381	(k)  Rent controls shall not be allowed on any project
1382	except as required in conjunction with the issuance of tax-
1383	exempt bonds or federal low-income housing tax credits and
1384	except when the sponsor has committed to set aside units for
1385	extremely-low-income persons, in which case rents shall be
1386	restricted at the level applicable for federal low-income tax
1387	credits.
1388	(l)  The proceeds of all loans shall be used for new
1389	construction or substantial rehabilitation which creates
1390	affordable, safe, and sanitary housing units.
1391	(m)  Sponsors shall annually certify the adjusted gross
1392	income of all persons or families qualified under subsection (2)
1393	at the time of initial occupancy, who are residing in a project
1394	funded by this program. All persons or families qualified under
1395	subsection (2) may continue to qualify under subsection (2) in a
1396	project funded by this program if the adjusted gross income of
1397	those persons or families at the time of annual recertification
1398	meets the requirements established in s. 142(d)(3)(B) of the
1399	Internal Revenue Code of 1986, as amended. If the annual
1400	recertification of persons or families qualifying under
1401	subsection (2) results in noncompliance with income occupancy
1402	requirements, the next available unit must be rented to a person
1403	or family qualifying under subsection (2) in order to ensure
1404	continuing compliance of the project. The corporation may waive
1405	the annual recertification if 100 percent of the units are set
1406	aside as affordable.
1407	(n)  Upon submission and approval of a marketing plan which
1408	demonstrates a good faith effort of a sponsor to rent a unit or
1409	units to persons or families reserved under subsection (3) and
1410	qualified under subsection (2), the sponsor may rent such unit
1411	or units to any person or family qualified under subsection (2)
1412	notwithstanding the reservation.
1413	(o)  Sponsors may participate in federal mortgage insurance
1414	programs and must abide by the requirements of those programs.
1415	If a conflict occurs between the requirements of federal
1416	mortgage insurance programs and the requirements of this
1417	section, the requirements of federal mortgage insurance programs
1418	shall take precedence.
1419	Section 22.  Section 420.5088, Florida Statutes, is amended
1420	to read:
1421	420.5088  Florida Homeownership Assistance Program.--There
1422	is created the Florida Homeownership Assistance Program for the
1423	purpose of assisting low-income and moderate-income persons in
1424	purchasing a home as their primary residence by reducing the
1425	cost of the home with below-market construction financing, by
1426	reducing the amount of down payment and closing costs paid by
1427	the borrower to a maximum of 5 percent of the purchase price, or
1428	by reducing the monthly payment to an affordable amount for the
1429	purchaser. Loans shall be made available at an interest rate
1430	that does not exceed 3 percent. The balance of any loan is due
1431	at closing if the property is sold, refinanced, rented, or
1432	transferred, unless otherwise approved by the corporation.
1433	(1)  For loans made available pursuant to s.
1434	420.507(23)(a)1. or 2.:
1435	(a)  The corporation may underwrite and make those mortgage
1436	loans through the program to persons or families who have
1437	incomes that do not exceed 120 80 percent of the state or local
1438	median income, whichever is greater, adjusted for family size.
1439	(b)  Loans shall be made available for the term of the
1440	first mortgage.
1441	(c)  Loans may not exceed are limited to the lesser of 35
1442	25 percent of the purchase price of the home or the amount
1443	necessary to enable the purchaser to meet credit underwriting
1444	criteria.
1445	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1446	(a)  Availability is limited to nonprofit sponsors or
1447	developers who are selected for program participation pursuant
1448	to this subsection.
1449	(b)  Preference must be given to community development
1450	corporations as defined in s. 290.033 and to community-based
1451	organizations as defined in s. 420.503.
1452	(c)  Priority must be given to projects that have received
1453	state assistance in funding project predevelopment costs.
1454	(d)  The benefits of making such loans shall be
1455	contractually provided to the persons or families purchasing
1456	homes financed under this subsection.
1457	(e)  At least 30 percent of the units in a project financed
1458	pursuant to this subsection must be sold to persons or families
1459	who have incomes that do not exceed 80 percent of the state or
1460	local median income, whichever amount is greater, adjusted for
1461	family size; and at least another 30 percent of the units in a
1462	project financed pursuant to this subsection must be sold to
1463	persons or families who have incomes that do not exceed 65 50
1464	percent of the state or local median income, whichever amount is
1465	greater, adjusted for family size.
1466	(f)  The maximum loan amount may not exceed 33 percent of
1467	the total project cost.
1468	(g)  A person who purchases a home in a project financed
1469	under this subsection is eligible for a loan authorized by s.
1470	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1471	construction loan made pursuant to this subsection. The home
1472	purchaser must meet all the requirements for loan recipients
1473	established pursuant to the applicable loan program.
1474	(h)  The corporation shall provide, by rule, for the
1475	establishment of a review committee composed of corporation
1476	staff and shall establish, by rule, a scoring system for
1477	evaluating and ranking applications submitted for construction
1478	loans under this subsection, including, but not limited to, the
1479	following criteria:
1480	1.  The affordability of the housing proposed to be built.
1481	2.  The direct benefits of the assistance to the persons
1482	who will reside in the proposed housing.
1483	3.  The demonstrated capacity of the applicant to carry out
1484	the proposal, including the experience of the development team.
1485	4.  The economic feasibility of the proposal.
1486	5.  The extent to which the applicant demonstrates
1487	potential cost savings by combining the benefits of different
1488	governmental programs and private initiatives, including the
1489	local government contributions and local government
1490	comprehensive planning and activities that promote affordable
1491	housing.
1492	6.  The use of the least amount of program loan funds
1493	compared to overall project cost.
1494	7.  The provision of homeownership counseling.
1495	8.  The applicant's agreement to exceed the requirements of
1496	paragraph (e).
1497	9.  The commitment of first mortgage financing for the
1498	balance of the construction loan and for the permanent loans to
1499	the purchasers of the housing.
1500	10.  The applicant's ability to proceed with construction.
1501	11.  The targeting objectives of the corporation which will
1502	ensure an equitable distribution of loans between rural and
1503	urban areas.
1504	12.  The extent to which the proposal will further the
1505	purposes of this program.
1506	(i)  The corporation may reject any and all applications.
1507	(j)  The review committee established by corporation rule
1508	pursuant to this subsection shall make recommendations to the
1509	corporation board regarding program participation under this
1510	subsection. The corporation board shall make the final ranking
1511	for participation based on the scores received in the ranking,
1512	further review of the applications, and the recommendations of
1513	the review committee. The corporation board shall approve or
1514	reject applicants for loans and shall determine the tentative
1515	loan amount available to each program participant. The final
1516	loan amount shall be determined pursuant to rule adopted under
1517	s. 420.507(23)(h).
1518	(3)  The corporation shall publish a notice of fund
1519	availability in a publication of general circulation throughout
1520	the state at least 60 days prior to the anticipated availability
1521	of funds.
1522	(4)  During the first 9 months of fund availability:
1523	(a)  Sixty percent of the program funds shall be reserved
1524	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1525	(b)  Twenty percent of the program funds shall be reserved
1526	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1527	(c)  Twenty percent of the program funds shall be reserved
1528	for use by borrowers pursuant to s. 420.507(23)(a)3.
1529
1530	If the application of these percentages would cause the
1531	reservation of program funds under paragraph (a) to be less than
1532	$1 million, the reservation for paragraph (a) shall be increased
1533	to $1 million or all available funds, whichever amount is less,
1534	with the increase to be accomplished by reducing the reservation
1535	for paragraph (b) and, if necessary, paragraph (c).
1536	(4)(5)  There is authorized to be established by the
1537	corporation with a qualified public depository meeting the
1538	requirements of chapter 280 the Florida Homeownership Assistance
1539	Fund to be administered by the corporation according to the
1540	provisions of this program. Any amounts held in the Florida
1541	Homeownership Assistance Trust Fund for such purposes as of
1542	January 1, 1998, must be transferred to the corporation for
1543	deposit in the Florida Homeownership Assistance Fund, whereupon
1544	the Florida Homeownership Assistance Trust Fund must be closed.
1545	There shall be deposited in the fund moneys from the State
1546	Housing Trust Fund created by s. 420.0005, or moneys received
1547	from any other source, for the purpose of this program and all
1548	proceeds derived from the use of such moneys. In addition, all
1549	unencumbered funds, loan repayments, proceeds from the sale of
1550	any property, and any other proceeds that would otherwise accrue
1551	pursuant to the activities of the programs described in this
1552	section shall be transferred to this fund. In addition, all loan
1553	repayments, proceeds from the sale of any property, and any
1554	other proceeds that would otherwise accrue pursuant to the
1555	activities conducted under the provisions of the Florida
1556	Homeownership Assistance Program shall be deposited in the fund
1557	and shall not revert to the General Revenue Fund. Expenditures
1558	from the Florida Homeownership Assistance Fund shall not be
1559	required to be included in the corporation's budget request or
1560	be subject to appropriation by the Legislature.
1561	(5)(6)  No more than one-fifth of the funds available in
1562	the Florida Homeownership Assistance Fund may be made available
1563	to provide loan loss insurance reserve funds to facilitate
1564	homeownership for eligible persons.
1565	Section 23.  Section 420.530, Florida Statutes, is
1566	repealed.
1567	Section 24.  Subsection (25) of section 420.9071, Florida
1568	Statutes, is amended to read:
1569	420.9071  Definitions.--As used in ss. 420.907-420.9079,
1570	the term:
1571	(25)  "Recaptured funds" means funds that are recouped by a
1572	county or eligible municipality in accordance with the recapture
1573	provisions of its local housing assistance plan pursuant to s.
1574	420.9075(5)(4)(g) from eligible persons or eligible sponsors who
1575	default on the terms of a grant award or loan award.
1576	Section 25.  Subsection (2) of section 420.9072, Florida
1577	Statutes, is amended to read:
1578	420.9072  State Housing Initiatives Partnership
1579	Program.--The State Housing Initiatives Partnership Program is
1580	created for the purpose of providing funds to counties and
1581	eligible municipalities as an incentive for the creation of
1582	local housing partnerships, to expand production of and preserve
1583	affordable housing, to further the housing element of the local
1584	government comprehensive plan specific to affordable housing,
1585	and to increase housing-related employment.
1586	(2)(a)  To be eligible to receive funds under the program,
1587	a county or eligible municipality must:
1588	1.  Submit to the corporation its local housing assistance
1589	plan describing the local housing assistance strategies
1590	established pursuant to s. 420.9075;
1591	2.  Within 12 months after adopting the local housing
1592	assistance plan, amend the plan to incorporate the local housing
1593	incentive strategies defined in s. 420.9071(16) and described in
1594	s. 420.9076; and
1595	3.  Within 24 months after adopting the amended local
1596	housing assistance plan to incorporate the local housing
1597	incentive strategies, amend its land development regulations or
1598	establish local policies and procedures, as necessary, to
1599	implement the local housing incentive strategies adopted by the
1600	local governing body. A county or an eligible municipality that
1601	has adopted a housing incentive strategy pursuant to s. 420.9076
1602	before the effective date of this act shall review the status of
1603	implementation of the plan according to its adopted schedule for
1604	implementation and report its findings in the annual report
1605	required by s. 420.9075(10)(9). If as a result of the review, a
1606	county or an eligible municipality determines that the
1607	implementation is complete and in accordance with its schedule,
1608	no further action is necessary. If a county or an eligible
1609	municipality determines that implementation according to its
1610	schedule is not complete, it must amend its land development
1611	regulations or establish local policies and procedures, as
1612	necessary, to implement the housing incentive plan within 12
1613	months after the effective date of this act, or if extenuating
1614	circumstances prevent implementation within 12 months, pursuant
1615	to s. 420.9075(13)(12), enter into an extension agreement with
1616	the corporation.
1617	(b)  A county or an eligible municipality seeking approval
1618	to receive its share of the local housing distribution must
1619	adopt an ordinance containing the following provisions:
1620	1.  Creation of a local housing assistance trust fund as
1621	described in s. 420.9075(6)(5).
1622	2.  Adoption by resolution of a local housing assistance
1623	plan as defined in s. 420.9071(14) to be implemented through a
1624	local housing partnership as defined in s. 420.9071(18).
1625	3.  Designation of the responsibility for the
1626	administration of the local housing assistance plan. Such
1627	ordinance may also provide for the contracting of all or part of
1628	the administrative or other functions of the program to a third
1629	person or entity.
1630	4.  Creation of the affordable housing advisory committee
1631	as provided in s. 420.9076.
1632
1633	The ordinance must not take effect until at least 30 days after
1634	the date of formal adoption. Ordinances in effect prior to the
1635	effective date of amendments to this section shall be amended as
1636	needed to conform to new provisions.
1637	Section 26.  Paragraph (c) of present subsection (4) of
1638	section 420.9075, Florida Statutes, is amended, subsections (3)
1639	through (12) are renumbered as subsections (4) through (13),
1640	respectively, and a new subsection (3) is added to that section,
1641	to read:
1642	420.9075  Local housing assistance plans; partnerships.--
1643	(3)(a)  Each local housing assistance plan shall include a
1644	definition of essential service personnel for the county or
1645	eligible municipality, including, but not limited to, teachers
1646	and educators, other school district, community college, and
1647	university employees, police and fire personnel, health care
1648	personnel, skilled building trades personnel, and other job
1649	categories.
1650	(b)  Each county and each eligible municipality is
1651	encouraged to develop a strategy within its local housing
1652	assistance plan that emphasizes the recruitment and retention of
1653	essential service personnel. The local government is encouraged
1654	to involve public and private sector employers. Compliance with
1655	the eligibility criteria established under this strategy shall
1656	be verified by the county or eligible municipality.
1657	(c)  Each county and each eligible municipality is
1658	encouraged to develop a strategy within its local housing
1659	assistance plan that addresses the needs of persons who are
1660	deprived of affordable housing due to the closure of a mobile
1661	home park or the conversion of affordable rental units to
1662	condominiums.
1663	(5)(4)  The following criteria apply to awards made to
1664	eligible sponsors or eligible persons for the purpose of
1665	providing eligible housing:
1666	(c)  The sales price or value of new or existing eligible
1667	housing may not exceed 90 percent of the average area purchase
1668	price in the statistical area in which the eligible housing is
1669	located. Such average area purchase price may be that calculated
1670	for any 12-month period beginning not earlier than the fourth
1671	calendar year prior to the year in which the award occurs or as
1672	otherwise established by the United States Department of the
1673	Treasury.
1674
1675	If both an award under the local housing assistance plan and
1676	federal low-income housing tax credits are used to assist a
1677	project and there is a conflict between the criteria prescribed
1678	in this subsection and the requirements of s. 42 of the Internal
1679	Revenue Code of 1986, as amended, the county or eligible
1680	municipality may resolve the conflict by giving precedence to
1681	the requirements of s. 42 of the Internal Revenue Code of 1986,
1682	as amended, in lieu of following the criteria prescribed in this
1683	subsection with the exception of paragraphs (a) and (d) of this
1684	subsection.
1685	Section 27.  Subsection (6) of section 420.9076, Florida
1686	Statutes, is amended to read:
1687	420.9076  Adoption of affordable housing incentive
1688	strategies; committees.--
1689	(6)  Within 90 days after the date of receipt of the local
1690	housing incentive strategies recommendations from the advisory
1691	committee, the governing body of the appointing local government
1692	shall adopt an amendment to its local housing assistance plan to
1693	incorporate the local housing incentive strategies it will
1694	implement within its jurisdiction. The amendment must include,
1695	at a minimum, the local housing incentive strategies specified
1696	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
1697	Section 28.  Subsection (2) of section 420.9079, Florida
1698	Statutes, is amended to read:
1699	420.9079  Local Government Housing Trust Fund.--
1700	(2)  The corporation shall administer the fund exclusively
1701	for the purpose of implementing the programs described in ss.
1702	420.907-420.9078 and this section. With the exception of
1703	monitoring the activities of counties and eligible
1704	municipalities to determine local compliance with program
1705	requirements, the corporation shall not receive appropriations
1706	from the fund for administrative or personnel costs. For the
1707	purpose of implementing the compliance monitoring provisions of
1708	s. 420.9075(9)(8), the corporation may request a maximum of one-
1709	quarter of 1 percent of the annual appropriation $200,000 per
1710	state fiscal year. When such funding is appropriated, the
1711	corporation shall deduct the amount appropriated prior to
1712	calculating the local housing distribution pursuant to ss.
1713	420.9072 and 420.9073.
1714	Section 29.  Subsection (12) is added to section 723.0612,
1715	Florida Statutes, to read:
1716	723.0612  Change in use; relocation expenses; payments by
1717	park owner.--
1718	(12)  If the owner of a mobile home or a recreational
1719	vehicle park applies to a local government to change the use of
1720	the land to a single-family residential or multi-family land use
1721	and the existing park has a density of 10 mobile homes or
1722	recreational vehicles or more per acre, the local government
1723	must allow at least 10 residential units per acre if:
1724	(a)  The proposed change in the use of the land is
1725	otherwise consistent with the local comprehensive plan; and
1726	(b)  The initial sales price of all residential units in
1727	the proposed project is less than 80 percent of the county
1728	median sales price for a single-family home.
1729	Section 30.  Subsection (12) of section 1001.43, Florida
1730	Statutes, is renumbered as subsection (13), and a new subsection
1731	(12) is added to that section to read:
1732	1001.43  Supplemental powers and duties of district school
1733	board.--The district school board may exercise the following
1734	supplemental powers and duties as authorized by this code or
1735	State Board of Education rule.
1736	(12)  AFFORDABLE HOUSING.--A district school board may use
1737	portions of school sites purchased within the State Requirements
1738	for Educational Facilities guidelines, land deemed not usable
1739	for educational purposes because of location or other factors,
1740	or land declared as surplus by the board, to provide sites for
1741	affordable housing for teachers and other district personnel
1742	independently or in conjunction with other agencies as described
1743	in subsection (5).
1744	Section 31.  Community Workforce Housing Innovation Pilot
1745	Program.--
1746	(1)  The Legislature finds and declares that recent rapid
1747	increases in the median purchase price of a home and the cost of
1748	rental housing have far outstripped the increases in median
1749	income in the state, preventing essential services personnel
1750	from living in the communities where they serve and thereby
1751	creating the need for innovative solutions for the provision of
1752	housing opportunities for essential services personnel.
1753	(2)  The Community Workforce Housing Innovation Pilot
1754	Program is created to provide affordable rental and home
1755	ownership community workforce housing for essential services
1756	personnel affected by the high cost of housing, using regulatory
1757	incentives and state and local funds to promote local public-
1758	private partnerships and leverage government and private
1759	resources.
1760	(3)  For purposes of this section, the following
1761	definitions apply:
1762	(a)  "Workforce housing" means housing affordable to
1763	natural persons or families whose total annual household income
1764	does not exceed 140 percent of the area median income, adjusted
1765	for household size, or 150 percent of area median income,
1766	adjusted for household size, in areas of critical state concern
1767	designated under s. 380.05, Florida Statutes, for which the
1768	Legislature has declared its intent to provide affordable
1769	housing, and areas that were designated as areas of critical
1770	state concern for at least 20 consecutive years prior to removal
1771	of the designation.
1772	(b)  "Essential services personnel" means persons in need
1773	of affordable housing who are employed in occupations or
1774	professions in which they are considered essential services
1775	personnel, as defined by each county and eligible municipality
1776	within its respective local housing assistance plan pursuant to
1777	s. 420.9075(3)(a), Florida Statutes.
1778	(c)  "Public-private partnership" means any form of
1779	business entity that includes substantial involvement of at
1780	least one county, one municipality, or one public sector entity,
1781	such as a school district or other unit of local government in
1782	which the project is to be located, and at least one private
1783	sector for-profit or not-for-profit business or charitable
1784	entity, and may be any form of business entity, including a
1785	joint venture or contractual agreement.
1786	(4)  The Florida Housing Finance Corporation is authorized
1787	to provide Community Workforce Housing Innovation Pilot Program
1788	loans to an applicant for construction or rehabilitation of
1789	workforce housing in eligible areas. The corporation shall
1790	establish a funding process and selection criteria by rule or
1791	request for proposals. This funding is intended to be used with
1792	other public and private sector resources.
1793	(5)  The corporation shall provide incentives for local
1794	governments in eligible areas to use local affordable housing
1795	funds, such as those from the State Housing Initiatives
1796	Partnership Program, to assist in meeting the affordable housing
1797	needs of persons eligible under this program.
1798	(6)  Funding shall be targeted to projects in areas where
1799	the disparity between the area median income and the median
1800	sales price for a single-family home is greatest, and for
1801	projects in areas where population growth as a percentage rate
1802	of increase is greatest. The corporation may also fund projects
1803	in areas where innovative regulatory and financial incentives
1804	are made available. This program is intended to fund one program
1805	per county.
1806	(7)  Projects shall receive priority consideration for
1807	funding where:
1808	(a)  The local jurisdiction adopts appropriate regulatory
1809	incentives, local contributions or financial strategies, or
1810	other funding sources to promote the development and ongoing
1811	financial viability of such projects. Local incentives include
1812	such actions as expediting review of development orders and
1813	permits, supporting development near transportation hubs and
1814	major employment centers, and adopting land development
1815	regulations designed to allow flexibility in densities, use of
1816	accessory units, mixed-use developments, and flexible lot
1817	configurations. Financial strategies include such actions as
1818	promoting employer-assisted housing programs, providing tax
1819	increment financing, and providing land.
1820	(b)  Projects are innovative and include new construction
1821	or rehabilitation, mixed-income housing, or commercial and
1822	housing mixed-use elements and those that promote homeownership.
1823	The program funding shall not exceed the costs attributable to
1824	the portion of the project that is set aside to provide housing
1825	for the targeted population.
1826	(c)  Projects that set aside at least 80 percent of units
1827	for workforce housing and at least 50 percent for essential
1828	services personnel and for projects that require the least
1829	amount of program funding compared to the overall housing costs
1830	for the project.
1831	(8)  Notwithstanding the provisions of s. 163.3184(3)-(6),
1832	Florida Statutes, any local government comprehensive plan
1833	amendment to implement a Community Workforce Housing Innovation
1834	Pilot Program project found consistent with the provisions of
1835	this section shall be expedited as provided in this subsection.
1836	At least 30 days prior to adopting a plan amendment pursuant to
1837	this paragraph, the local government shall notify the state land
1838	planning agency of its intent to adopt such an amendment, and
1839	the notice shall include its evaluation related to site
1840	suitability and availability of facilities and services. The
1841	public notice of the hearing required by s. 163.3184(15)(e),
1842	Florida Statutes, shall include a statement that the local
1843	government intends to utilize the expedited adoption process
1844	authorized by this subsection. Such amendments shall require
1845	only a single public hearing before the governing board, which
1846	shall be an adoption hearing as described in s. 163.3184(7),
1847	Florida Statutes, and the state land planning agency shall issue
1848	its notice of intent pursuant to s. 163.3184(8), Florida
1849	Statutes, within 30 days after determining that the amendment
1850	package is complete.
1851	(9)  The corporation shall award loans with interest rates
1852	set at 1 to 3 percent, which may be made forgivable when long-
1853	term affordability is provided and when at least 80 percent of
1854	the units are set aside for workforce housing and at least 50
1855	percent of the units are set aside for essential services
1856	personnel.
1857	(10)  All eligible applications shall:
1858	(a)  For home ownership, limit the sales price of a
1859	detached unit, townhome, or condominium unit to not more than 80
1860	percent of the median sales price for that type of unit in that
1861	county, or the statewide median sales price for that type of
1862	unit, whichever is higher, and require that all eligible
1863	purchasers of home ownership units occupy the homes as their
1864	primary residence.
1865	(b)  For rental units, restrict rents for all workforce
1866	housing serving those with incomes at or below 120 percent of
1867	area median income at the appropriate income level using the
1868	restricted rents for the federal low-income housing tax credit
1869	program and, for workforce housing units serving those with
1870	incomes above 120 percent of area median income, restrict rents
1871	to those established by the corporation, not to exceed 30
1872	percent of the maximum household income adjusted to unit size.
1873	(c)  Demonstrate that the applicant is a public-private
1874	partnership.
1875	(d)  Have grants, donations of land, or contributions from
1876	the public-private partnership or other sources collectively
1877	totaling at least 15 percent of the total development cost. Such
1878	grants, donations of land, or contributions must be evidenced by
1879	a letter of commitment only at the time of application.
1880	(e)  Demonstrate how the applicant will use the regulatory
1881	incentives and financial strategies outlined in paragraph (7)(a)
1882	from the local jurisdiction in which the proposed project is to
1883	be located. The corporation may consult with the Department of
1884	Community Affairs in evaluating the use of regulatory incentives
1885	by applicants.
1886	(f)  Demonstrate that the applicant possesses title to or
1887	site control of land and evidences availability of required
1888	infrastructure.
1889	(g)  Demonstrate the applicant's affordable housing
1890	development and management experience.
1891	(h)  Provide any research or facts available supporting the
1892	demand and need for rental or home ownership workforce housing
1893	for eligible persons in the market in which the project is
1894	proposed.
1895	(11)  When ownership of the land or property utilized for
1896	development in conjunction with the Community Workforce Housing
1897	Innovation Pilot Program grant is to be held by any public
1898	sector entity, as described in this section, the applicant may
1899	choose to use a nonprofit or public entity to manage the
1900	resulting housing program and must demonstrate that such
1901	management entity:
1902	(a)  Has experience and is proficient in the management of
1903	affordable housing programs.
1904	(b)  Has regularly conducted independent audits.
1905	(12)  Projects may include manufactured housing constructed
1906	after June 1994 and installed in accordance with mobile home
1907	installation standards of the Department of Highway Safety and
1908	Motor Vehicles.
1909	(13)  The corporation may adopt rules pursuant to ss.
1910	120.536(1) and 120.54, Florida Statutes, to implement the
1911	provisions of this section.
1912	(14)  The corporation may use a maximum of 2 percent of the
1913	annual appropriation for administration and compliance
1914	monitoring.
1915	(15)  The corporation shall review the success of the
1916	Community Workforce Housing Innovation Pilot Program to
1917	ascertain whether the projects financed by the program are
1918	useful in meeting the housing needs of eligible areas. The
1919	corporation shall submit its report and any recommendations
1920	regarding the program to the Governor, the Speaker of the House
1921	of Representatives, and the President of the Senate not later
1922	than 2 months after the end of the corporation's fiscal year.
1923	Section 32.  Affordable housing land donation density bonus
1924	incentives.--
1925	(1)  A local government may provide density bonus
1926	incentives pursuant to the provisions of this section to any
1927	landowner who voluntarily donates fee simple interest in real
1928	property to the local government for the purpose of assisting
1929	the local government in providing affordable housing. Donated
1930	real property must be determined by the local government to be
1931	appropriate for use as affordable housing and must be subject to
1932	deed restrictions to ensure that the property will be used for
1933	affordable housing.
1934	(2)  For purposes of this section, the terms "affordable,"
1935	"extremely-low-income persons," "low-income persons," "moderate-
1936	income persons," and "very-low-income persons," have the same
1937	meaning as in s. 420.0004, Florida Statutes.
1938	(3)  The density bonus may be applied to any land within
1939	the local government's jurisdiction provided that residential
1940	use is an allowable use on the receiving land.
1941	(4)  The density bonus, identification of receiving land
1942	for the bonus, and any other conditions associated with the
1943	donation of the land for affordable housing are the subject of
1944	review and approval by the local government. The award of
1945	density bonus pursuant to this section, the legal description of
1946	the land receiving the bonus, and any other conditions
1947	associated with the bonus shall be memorialized in a development
1948	agreement or other binding agreement and recorded with the clerk
1949	of court in the county where the donated land and receiving land
1950	are located.
1951	(5)  The local government, as part of the approval process,
1952	shall adopt a comprehensive plan amendment, pursuant to part II
1953	of chapter 163, Florida Statutes, for the receiving land that
1954	incorporates the density bonus. Such amendment shall be adopted
1955	in the manner as required for small-scale amendments pursuant to
1956	s. 163.3187, Florida Statutes, is not subject to the
1957	requirements of s. 163.3184(3)-(6), Florida Statutes, and is
1958	exempt from the limitation on the frequency of plan amendments
1959	as provided in s. 163.3187, Florida Statutes.
1960	(6)  The deed restrictions required pursuant to subsection
1961	(1) for an affordable housing unit must also prohibit the unit
1962	from being sold at a price that exceeds the threshold for
1963	housing that is affordable for low-income or moderate-income
1964	persons or to a buyer who is not eligible due to his or her
1965	income under chapter 420, Florida Statutes. The deed restriction
1966	may allow affordable housing units created under subsection (1)
1967	to be rented to extremely-low-income, very-low-income, low-
1968	income, or moderate-income persons.
1969	(7)  The local government may transfer all or a portion of
1970	the donated land to a nonprofit housing organization, such as a
1971	community land trust, housing authority, or community
1972	redevelopment agency, to be used for the production and
1973	preservation of permanently affordable housing.
1974	Section 33.  The Department of Community Affairs shall
1975	establish the Home Retrofit Hardening Program. The program is a
1976	competitive grant program to fund improvements to homes
1977	constructed before the implementation of the current Florida
1978	Building Code when the improvements will directly affect the
1979	home's ability to withstand hurricane force winds and improve
1980	the home's rating for home insurance. Site-built and mobile
1981	homes are eligible for funding under this program. However,
1982	priority shall be given to low-income homeowners, as defined in
1983	s. 420.0004(10), Florida Statutes, who live in wind-borne debris
1984	regions as defined in the Florida Building Code.
1985	(1)  The program shall be administered by local
1986	governments, regional planning councils, or private nonprofit
1987	agencies under the overall direction of the department. When
1988	awarding program funds, the department shall be guided by:
1989	(a)  The number of homes in need of improvement.
1990	(b)  The number of homes located within the wind-borne
1991	debris region.
1992	(c)  The number of persons who will benefit from the
1993	improvements.
1994	(d)  The number of extremely-low-income, very-low-income,
1995	and low-income households that will benefit from the
1996	improvements.
1997	(e)  The costs per home to provide improvements.
1998	(2)  Funds may be used for the following improvements
1999	installed in compliance with Blueprint for Safety standards:
2000	(a)  Roof deck attachments.
2001	(b)  Secondary water barriers.
2002	(c)  Roof coverings.
2003	(d)  Brace gable ends.
2004	(e)  Reinforcement of roof-to-wall connections.
2005	(f)  Opening protection.
2006	(g)  Exterior doors.
2007	(3)  Each project grant for an individual home retrofit may
2008	not exceed $10,000.
2009	(4)  Administrative costs shall be kept to a minimum.
2010	(5)  Grantees are encouraged to leverage grant funds
2011	available under this program with other available funds.
2012	Matching funds for a project is not a requirement. However,
2013	matching funds from other available sources may be considered by
2014	the department in the competitive-review process.
2015	(6)  The sum of $50 million is appropriated from the United
2016	States Contributions Trust Fund to the Department of Community
2017	Affairs in fixed capital outlay for the Home Retrofit Hardening
2018	Program. No more than 5 percent of the funds provided under this
2019	section may be used by the department for administration of this
2020	funding.
2021	Section 34.  The Department of Community Affairs shall
2022	establish the Disaster Recovery Assistance Program which shall
2023	be a grant program to fund repairs and rehabilitation to homes
2024	in communities severely impacted by the 2004 and 2005
2025	hurricanes. These funds shall be leveraged with other program
2026	funds targeted to the most vulnerable citizens of the state. The
2027	sum of $2 million is appropriated in fixed capital outlay from
2028	the State Housing Trust Fund in the Department of Community
2029	Affairs for the Disaster Recovery Assistance Program. For the
2030	purposes of implementing this section, the Florida Housing
2031	Finance Corporation is provided nonoperating budget authority to
2032	transfer $2 million from the State Housing Trust Fund to the
2033	Department of Community Affairs.
2034	Section 35.  The Florida Housing Finance Corporation is
2035	authorized to provide funds to eligible entities for affordable
2036	housing recovery in those areas of the state which sustained
2037	housing damage due to hurricanes during 2004 and 2005. The
2038	Florida Housing Finance Corporation shall utilize data provided
2039	by the Federal Emergency Management Agency to assist in its
2040	allocation of funds to local jurisdictions. To administer these
2041	programs, the Florida Housing Finance Corporation shall be
2042	guided by the "Hurricane Housing Work Group Recommendations to
2043	Assist in Florida's Long Term Housing Recovery Efforts" report
2044	dated February 16, 2005, and may adopt emergency rules pursuant
2045	to s. 120.54, Florida Statutes. The Legislature finds that
2046	emergency rules adopted pursuant to this section meet the
2047	health, safety, and welfare requirement of s. 120.54(4), Florida
2048	Statutes. The Legislature finds that such emergency rulemaking
2049	power is necessary for the preservation of the rights and
2050	welfare of the people in order to provide additional funds to
2051	assist those areas of the state that sustained housing damage
2052	due to hurricanes during 2004 and 2005. Therefore, in adopting
2053	such emergency rules, the corporation need not make the findings
2054	required by s. 120.54(4)(a), Florida Statutes. Emergency rules
2055	adopted under this section are exempt from s. 120.54(4)(c),
2056	Florida Statutes. The sum of $15 million is appropriated from
2057	the Local Government Housing Trust Fund to the Florida Housing
2058	Finance Corporation for the Hurricane Housing Recovery Program.
2059	The corporation may use a maximum of one-quarter of 1 percent of
2060	the $15 million appropriation for the Hurricane Housing Recovery
2061	Program for administration, monitoring, and compliance of the
2062	provisions of the program. There is appropriated from the State
2063	Housing Trust Fund to the Florida Housing Finance Corporation
2064	the sum of $25 million for the Farmworker Housing Recovery
2065	Program and the Special Housing Assistance and Development
2066	Program, the sum of $400,000 for technical and training
2067	assistance, and the sum of $176.6 million for the Rental
2068	Recovery Loan Program.
2069	Section 36.  The sum of $82,904,000 is appropriated from
2070	the Florida Small Cities Community Development Block Grant
2071	Program Fund to the Department of Community Affairs. These funds
2072	shall be used consistent with the Federal Register, Vol. 71, No.
2073	29, February 13, 2006, Docket No. FR-5051-N-01, and the Action
2074	Plan for Disaster Recovery approved by the United States
2075	Department of Housing and Urban Development to meet the needs of
2076	communities impacted by Hurricanes Wilma and Katrina, with a
2077	prioritization toward affordable housing in the most impacted
2078	areas of the state.
2079	Section 37.  The sum of $50 million is appropriated from
2080	the Local Government Housing Trust Fund to the Florida Housing
2081	Finance Corporation for fiscal year 2006-2007 to implement the
2082	Community Workforce Housing Innovation Pilot Program.
2083	Section 38.  The sum of $33 million is appropriated from
2084	the Local Government Housing Trust Fund to the Florida Housing
2085	Finance Corporation for fiscal year 2006-2007 to assist in the
2086	production of housing units for extremely-low-income persons as
2087	defined in s. 420.0004(8), Florida Statutes.
2088	Section 39.  Except as otherwise expressly provided in this
2089	act, this act shall take effect July 1, 2006.

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