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; amending s. 163.3187, F.S.; revising a
8	limitation relating to small scale comprehensive plan
9	amendments involving the construction of affordable
10	housing units; creating s. 166.0451, F.S.; providing for
11	disposition of municipal property for affordable housing;
12	providing a statement of important state interest;
13	amending s. 189.4155, F.S.; authorizing independent
14	special districts to provide for housing and housing
15	assistance; amending s. 191.006, F.S.; authorizing
16	independent special fire control districts to provide
17	employee housing and housing assistance; amending s.
18	197.252, F.S.; decreasing the age and increasing the
19	income threshold required for eligibility to defer ad
20	valorem property taxes; decreasing the maximum interest
21	rate that may be charged on deferred ad valorem taxes;
22	amending s. 253.034, F.S.; providing for the disposition
23	of state lands for affordable housing; amending s.
24	253.0341, F.S.; authorizing local governments to request
25	state lands be declared surplus for the purpose of
26	affordable housing; providing for use of lands that are
27	declared surplus; amending s. 295.16, F.S.; expanding the
28	disabled veteran exemption from certain license and permit
29	fees relating to dwelling improvements; amending s.
30	380.06, F.S.; providing a greater substantial deviation
31	threshold for the provision of affordable housing in a
32	development of regional impact; conforming cross-
33	references; amending s. 380.0651, F.S.; providing a
34	statewide guidelines and standards bonus for the provision
35	of workforce housing; amending s. 420.0004, F.S.; defining
36	the term "extremely-low-income persons"; conforming cross-
37	references; amending s. 420.503, F.S.; revising the
38	definition of the term "farmworker" under the Florida
39	Housing Finance Corporation Act; providing rulemaking
40	authority; amending s. 420.5061, F.S.; conforming a cross-
41	reference; amending s. 420.507, F.S.; revising and
42	expanding the powers of the Florida Housing Finance
43	Corporation relating to mortgage loan interest rates,
44	loans, loan relief, uses of loan funds, subsidiary
45	business entities, and data reporting; providing
46	rulemaking authority; amending s. 420.5087, F.S.;
47	increasing the population criteria for the State Apartment
48	Incentive Loan Program; revising criteria for loans;
49	conforming cross-references; amending s. 420.5088, F.S.;
50	expanding the scope of the Florida Homeownership
51	Assistance Program; revising loan requirements; deleting a
52	provision reserving program funds for certain borrowers;
53	repealing ss. 420.37 and 420.530, F.S., relating to the
54	State Farm Worker Housing Pilot Loan Program; amending s.
55	420.9071, F.S.; conforming a cross-reference; amending s.
56	420.9072, F.S.; conforming cross-references; amending s.
57	420.9075, F.S.; requiring local housing assistance plans
58	to define essential service personnel for the county or
59	eligible municipality and to contain a strategy for the
60	recruitment and retention of such personnel; amending s.
61	420.9076, F.S.; conforming a cross-reference; amending s.
62	420.9079, F.S.; revising the maximum appropriation the
63	Florida Housing Finance Corporation may request each state
64	fiscal year; conforming a cross-reference; amending s.
65	1001.43, F.S.; authorizing district school boards to
66	provide affordable housing for teachers and other district
67	personnel; creating the Community Workforce Housing
68	Innovation Pilot Program; provides legislative findings;
69	providing definitions; providing the Florida Housing
70	Finance Corporation with certain powers and
71	responsibilities relating to the program; requiring the
72	program to target certain entities; providing application
73	requirements; providing incentives for program applicants;
74	providing rulemaking authority; requires a report to the
75	Governor and Legislature; authorizing local governments to
76	provide density bonus incentives to landowners who donate
77	fee simple interest in real property to the local
78	government for the purpose of assisting the local
79	government in providing affordable housing; providing
80	definitions and requirements governing such donations and
81	density bonuses; amending s. 196.1978, F.S., correcting
82	cross-references; amending s. 212.08, F.S.; correcting
83	cross-references; authorizing the corporation to provide
84	funds for eligible entities for affordable housing
85	recovery in those counties that were declared eligible for
86	disaster funding after the hurricanes of 2004 and 2005 and
87	that sustained housing damage due to those storms;
88	authorizing the corporation to adopt emergency rules;
89	providing an appropriation to the Florida Housing Finance
90	Corporation to provide housing units for extremely-low-
91	income persons; providing an appropriation to the Florida
92	Housing Finance Corporation to implement the Community
93	Workforce Housing Innovation Pilot Program; providing an
94	appropriation to the Florida Housing Finance Corporation
95	for hurricane housing recovery; providing an appropriation
96	to the Department of Community Affairs for the Century
97	Commission for a Sustainable Florida; providing effective
98	dates.
99
100	Be It Enacted by the Legislature of the State of Florida:
101
102	Section 1.  Section 125.379, Florida Statutes, is created
103	to read:
104	125.379  Disposition of county property for affordable
105	housing.--
106	(1)  By July 1, 2007, and every 3 years thereafter, each
107	county shall prepare an inventory list of all real property
108	within its jurisdiction to which the county holds fee simple
109	title that is appropriate for use as affordable housing. The
110	inventory list must include the address and legal description of
111	each such real property and specify whether the property is
112	vacant or improved. The governing body of the county must review
113	the inventory list at a public hearing and may revise it at the
114	conclusion of the public hearing. The governing body of the
115	county shall adopt a resolution that includes an inventory list
116	of such property following the public hearing.
117	(2)  The properties identified as appropriate for use as
118	affordable housing on the inventory list adopted by the county
119	may be offered for sale and the proceeds used to purchase land
120	for the development of affordable housing or to increase the
121	local government fund earmarked for affordable housing, or may
122	be sold with a restriction that requires the development of the
123	property as permanent affordable housing, or may be donated to a
124	nonprofit housing organization for the construction of permanent
125	affordable housing. Alternatively, the county may otherwise make
126	the property available for use for the production and
127	preservation of permanent affordable housing. For purposes of
128	this section, the term "affordable" has the same meaning as in
129	s. 420.0004(3).
130	Section 2.  Subsections (1) and (4) and paragraphs (b),
131	(d), (e), and (f) of subsection (2) of section 163.31771,
132	Florida Statutes, are amended, and paragraph (g) is added to
133	subsection (2) of that section, to read:
134	163.31771  Accessory dwelling units.--
135	(1)  The Legislature finds that the median price of homes
136	in this state has increased steadily over the last decade and at
137	a greater rate of increase than the median income in many urban
138	areas. The Legislature finds that the cost of rental housing has
139	also increased steadily and the cost often exceeds an amount
140	that is affordable to extremely-low-income, very-low-income,
141	low-income, or moderate-income persons and has resulted in a
142	critical shortage of affordable rentals in many urban areas in
143	the state. This shortage of affordable rentals constitutes a
144	threat to the health, safety, and welfare of the residents of
145	the state. Therefore, the Legislature finds that it serves an
146	important public purpose to encourage the permitting of
147	accessory dwelling units in single-family residential areas in
148	order to increase the availability of affordable rentals for
149	extremely-low-income, very-low-income, low-income, or moderate-
150	income persons.
151	(2)  As used in this section, the term:
152	(b)  "Affordable rental" means that monthly rent and
153	utilities do not exceed 30 percent of that amount which
154	represents the percentage of the median adjusted gross annual
155	income for extremely-low-income, very-low-income, low-income, or
156	moderate-income persons.
157	(d)  "Low-income persons" has the same meaning as in s.
158	420.0004(10)(9).
159	(e)  "Moderate-income persons" has the same meaning as in
160	s. 420.0004(11)(10).
161	(f)  "Very-low-income persons" has the same meaning as in
162	s. 420.0004(15)(14).
163	(g)  "Extremely-low-income persons" has the same meaning as
164	in s. 420.0004(8).
165	(4)  If the local government adopts an ordinance under this
166	section, an application for a building permit to construct an
167	accessory dwelling unit must include an affidavit from the
168	applicant which attests that the unit will be rented at an
169	affordable rate to an extremely-low-income, a very-low-income,
170	low-income, or moderate-income person or persons.
171	Section 3.  Paragraph (c) of subsection (1) of section
172	163.3187, Florida Statutes, is amended to read:
173	163.3187  Amendment of adopted comprehensive plan.--
174	(1)  Amendments to comprehensive plans adopted pursuant to
175	this part may be made not more than two times during any
176	calendar year, except:
177	(c)  Any local government comprehensive plan amendments
178	directly related to proposed small scale development activities
179	may be approved without regard to statutory limits on the
180	frequency of consideration of amendments to the local
181	comprehensive plan. A small scale development amendment may be
182	adopted only under the following conditions:
183	1.  The proposed amendment involves a use of 10 acres or
184	fewer and:
185	a.  The cumulative annual effect of the acreage for all
186	small scale development amendments adopted by the local
187	government shall not exceed:
188	(I)  A maximum of 120 acres in a local government that
189	contains areas specifically designated in the local
190	comprehensive plan for urban infill, urban redevelopment, or
191	downtown revitalization as defined in s. 163.3164, urban infill
192	and redevelopment areas designated under s. 163.2517,
193	transportation concurrency exception areas approved pursuant to
194	s. 163.3180(5), or regional activity centers and urban central
195	business districts approved pursuant to s. 380.06(2)(e);
196	however, amendments under this paragraph may be applied to no
197	more than 60 acres annually of property outside the designated
198	areas listed in this sub-sub-subparagraph. Amendments adopted
199	pursuant to paragraph (k) shall not be counted toward the
200	acreage limitations for small scale amendments under this
201	paragraph.
202	(II)  A maximum of 80 acres in a local government that does
203	not contain any of the designated areas set forth in sub-sub-
204	subparagraph (I).
205	(III)  A maximum of 120 acres in a county established
206	pursuant to s. 9, Art. VIII of the State Constitution.
207	b.  The proposed amendment does not involve the same
208	property granted a change within the prior 12 months.
209	c.  The proposed amendment does not involve the same
210	owner's property within 200 feet of property granted a change
211	within the prior 12 months.
212	d.  The proposed amendment does not involve a text change
213	to the goals, policies, and objectives of the local government's
214	comprehensive plan, but only proposes a land use change to the
215	future land use map for a site-specific small scale development
216	activity.
217	e.  The property that is the subject of the proposed
218	amendment is not located within an area of critical state
219	concern, unless the project subject to the proposed amendment
220	involves the construction of affordable housing units meeting
221	the criteria of s. 420.0004(3), and is located within an area of
222	critical state concern designated by s. 380.0552 or by the
223	Administration Commission pursuant to s. 380.05(1). Such
224	amendment is not subject to the density limitations of sub-
225	subparagraph f., and shall be reviewed by the state land
226	planning agency for consistency with the principles for guiding
227	development applicable to the area of critical state concern
228	where the amendment is located and shall not become effective
229	until a final order is issued under s. 380.05(6).
230	f.  If the proposed amendment involves a residential land
231	use, the residential land use has a density of 10 units or less
232	per acre or the proposed future land use category allows a
233	maximum residential density of the same or less than the maximum
234	residential density allowable under the existing future land use
235	category, except that this limitation does not apply to small
236	scale amendments involving the construction of affordable
237	housing units meeting the criteria of s. 420.0004(3) on property
238	which will be the subject of a land use restriction agreement or
239	extended use agreement recorded in conjunction with the issuance
240	of tax exempt bond financing or an allocation of federal tax
241	credits issued through the Florida Housing Finance Corporation
242	or a local housing finance authority authorized by the Division
243	of Bond Finance of the State Board of Administration, or small
244	scale amendments described in sub-sub-subparagraph a.(I) that
245	are designated in the local comprehensive plan for urban infill,
246	urban redevelopment, or downtown revitalization as defined in s.
247	163.3164, urban infill and redevelopment areas designated under
248	s. 163.2517, transportation concurrency exception areas approved
249	pursuant to s. 163.3180(5), or regional activity centers and
250	urban central business districts approved pursuant to s.
251	380.06(2)(e).
252	2.a.  A local government that proposes to consider a plan
253	amendment pursuant to this paragraph is not required to comply
254	with the procedures and public notice requirements of s.
255	163.3184(15)(c) for such plan amendments if the local government
256	complies with the provisions in s. 125.66(4)(a) for a county or
257	in s. 166.041(3)(c) for a municipality. If a request for a plan
258	amendment under this paragraph is initiated by other than the
259	local government, public notice is required.
260	b.  The local government shall send copies of the notice
261	and amendment to the state land planning agency, the regional
262	planning council, and any other person or entity requesting a
263	copy. This information shall also include a statement
264	identifying any property subject to the amendment that is
265	located within a coastal high-hazard area as identified in the
266	local comprehensive plan.
267	3.  Small scale development amendments adopted pursuant to
268	this paragraph require only one public hearing before the
269	governing board, which shall be an adoption hearing as described
270	in s. 163.3184(7), and are not subject to the requirements of s.
271	163.3184(3)-(6) unless the local government elects to have them
272	subject to those requirements.
273	4.  If the small scale development amendment involves a
274	site within an area that is designated by the Governor as a
275	rural area of critical economic concern under s. 288.0656(7) for
276	the duration of such designation, the 10-acre limit listed in
277	subparagraph 1. shall be increased by 100 percent to 20 acres.
278	The local government approving the small scale plan amendment
279	shall certify to the Office of Tourism, Trade, and Economic
280	Development that the plan amendment furthers the economic
281	objectives set forth in the executive order issued under s.
282	288.0656(7), and the property subject to the plan amendment
283	shall undergo public review to ensure that all concurrency
284	requirements and federal, state, and local environmental permit
285	requirements are met.
286	Section 4.  Section 166.0451, Florida Statutes, is created
287	to read:
288	166.0451  Disposition of municipal property for affordable
289	housing.--
290	(1)  By July 1, 2007, and every 3 years thereafter, each
291	municipality shall prepare an inventory list of all real
292	property within its jurisdiction to which the municipality holds
293	fee simple title that is appropriate for use as affordable
294	housing. The inventory list must include the address and legal
295	description of each such property and specify whether the
296	property is vacant or improved. The governing body of the
297	municipality must review the inventory list at a public hearing
298	and may revise it at the conclusion of the public hearing.
299	Following the public hearing, the governing body of the
300	municipality shall adopt a resolution that includes an inventory
301	list of such property.
302	(2)  The properties identified as appropriate for use as
303	affordable housing on the inventory list adopted by the
304	municipality may be offered for sale and the proceeds may be
305	used to purchase land for the development of affordable housing
306	or to increase the local government fund earmarked for
307	affordable housing, or may be sold with a restriction that
308	requires the development of the property as permanent affordable
309	housing, or may be donated to a nonprofit housing organization
310	for the construction of permanent affordable housing.
311	Alternatively, the municipality may otherwise make the property
312	available for use for the production and preservation of
313	permanent affordable housing. For purposes of this section, the
314	term "affordable" has the same meaning as in s. 420.0004(3).
315	Section 5.  The Legislature finds that providing
316	affordable housing is vitally important to the health, safety,
317	and welfare of the residents of this state. Furthermore, the
318	Legislature finds that escalating property values and
319	development costs have contributed to the inadequate supply of
320	housing for low- and moderate-income residents of this state.
321	The Legislature further finds that there is a shortage of sites
322	available for housing for persons and families with low and
323	moderate incomes and that surplus government land, when
324	appropriate, should be made available for that purpose.
325	Therefore, the Legislature determines and declares that this act
326	fulfills an important state interest.
327	Section 6.  Subsection (6) is added to section 189.4155,
328	Florida Statutes, to read:
329	189.4155  Activities of special districts; local government
330	comprehensive planning.--
331	(6)  Any independent district created under a special act
332	or general law, including, but not limited to, chapter 189,
333	chapter 190, chapter 191, or chapter 298, for the purpose of
334	providing urban infrastructure of services may provide housing
335	and housing assistance for its employed personnel whose total
336	annual household income does not exceed 140 percent of the area
337	median income, adjusted for family size.
338	Section 7.  Subsection (19) is added to section 191.006,
339	Florida Statutes, to read:
340	191.006  General powers.--The district shall have, and the
341	board may exercise by majority vote, the following powers:
342	(19)  To provide housing or housing assistance for its
343	employed personnel whose total annual household income does not
344	exceed 140 percent of the area median income, adjusted for
345	family size.
346	Section 8.  Paragraph (b) of subsection (2) and subsection
347	(4) of section 197.252, Florida Statutes, are amended to read:
348	197.252  Homestead tax deferral.--
349	(2)
350	(b)  If In the event the applicant is entitled to claim the
351	increased exemption by reason of age and residency as provided
352	in s. 196.031(3)(a), approval of the such application shall
353	defer that portion of the such ad valorem taxes plus non-ad
354	valorem assessments which exceeds 3 percent of the applicant's
355	household household's income for the prior calendar year.  If
356	any such applicant's household income for the prior calendar
357	year is less than $10,000, or is less than the amount of the
358	household income designated for the additional homestead
359	exemption pursuant to s. 196.075, and the $12,000 if such
360	applicant is 65 70 years of age or older, approval of the such
361	application shall defer the such ad valorem taxes plus non-ad
362	valorem assessments in their entirety.
363	(4)  The amount of taxes, non-ad valorem assessments, and
364	interest deferred under pursuant to this act shall accrue
365	interest at a rate equal to the semiannually compounded rate of
366	one-half of 1 percent plus the average yield to maturity of the
367	long-term fixed-income portion of the Florida Retirement System
368	investments as of the end of the quarter preceding the date of
369	the sale of the deferred payment tax certificates; however, the
370	interest rate may not exceed 7 9.5 percent.
371	Section 9.  Paragraph (f) of subsection (6) of section
372	253.034, Florida Statutes, is amended to read:
373	253.034  State-owned lands; uses.--
374	(6)  The Board of Trustees of the Internal Improvement
375	Trust Fund shall determine which lands, the title to which is
376	vested in the board, may be surplused. For conservation lands,
377	the board shall make a determination that the lands are no
378	longer needed for conservation purposes and may dispose of them
379	by an affirmative vote of at least three members. In the case of
380	a land exchange involving the disposition of conservation lands,
381	the board must determine by an affirmative vote of at least
382	three members that the exchange will result in a net positive
383	conservation benefit. For all other lands, the board shall make
384	a determination that the lands are no longer needed and may
385	dispose of them by an affirmative vote of at least three
386	members.
387	(f)1.  In reviewing lands owned by the board, the council
388	shall consider whether such lands would be more appropriately
389	owned or managed by the county or other unit of local government
390	in which the land is located. The council shall recommend to the
391	board whether a sale, lease, or other conveyance to a local
392	government would be in the best interests of the state and local
393	government. The provisions of this paragraph in no way limit the
394	provisions of ss. 253.111 and 253.115. Such lands shall be
395	offered to the state, county, or local government for a period
396	of 30 days. Permittable uses for such surplus lands may include
397	public schools; public libraries; fire or law enforcement
398	substations; and governmental, judicial, or recreational
399	centers; and affordable housing meeting the criteria of s.
400	420.0004(3). County or local government requests for surplus
401	lands shall be expedited throughout the surplusing process. If
402	the county or local government does not elect to purchase such
403	lands in accordance with s. 253.111, then any surplusing
404	determination involving other governmental agencies shall be
405	made upon the board deciding the best public use of the lands.
406	Surplus properties in which governmental agencies have expressed
407	no interest shall then be available for sale on the private
408	market.
409	2.  Notwithstanding subparagraph 1., any surplus lands that
410	were acquired by the state prior to 1958 by a gift or other
411	conveyance for no consideration from a municipality, and which
412	the department has filed by July 1, 2006, a notice of its intent
413	to surplus, shall be first offered for reconveyance to such
414	municipality at no cost, but for the fair market value of any
415	building or other improvements to the land, unless otherwise
416	provided in a deed restriction of record. This subparagraph
417	expires July 1, 2006.
418	Section 10.  Section 253.0341, Florida Statutes, is amended
419	to read:
420	253.0341  Surplus of state-owned lands to counties or local
421	governments.--Counties and local governments may submit
422	surplusing requests for state-owned lands directly to the board
423	of trustees. County or local government requests for the state
424	to surplus conservation or nonconservation lands, whether for
425	purchase or exchange, shall be expedited throughout the
426	surplusing process. Property jointly acquired by the state and
427	other entities shall not be surplused without the consent of all
428	joint owners.
429	(1)  The decision to surplus state-owned nonconservation
430	lands may be made by the board without a review of, or a
431	recommendation on, the request from the Acquisition and
432	Restoration Council or the Division of State Lands. Such
433	requests for nonconservation lands shall be considered by the
434	board within 60 days of the board's receipt of the request.
435	(2)  County or local government requests for the surplusing
436	of state-owned conservation lands are subject to review of, and
437	recommendation on, the request to the board by the Acquisition
438	and Restoration Council. Requests to surplus conservation lands
439	shall be considered by the board within 120 days of the board's
440	receipt of the request.
441	(3)  A local government may request that state lands be
442	specifically declared surplus lands for the purpose of providing
443	affordable housing. The request shall comply with the
444	requirements of subsection (1) if the lands are nonconservation
445	lands or subsection (2) if the lands are conservation lands.
446	Surplus lands that are conveyed to a local government for
447	affordable housing shall be disposed of by the local government
448	under the provisions of s. 125.379 or s. 166.0451.
449	Section 11.  Section 295.16, Florida Statutes, is amended
450	to read:
451	295.16  Disabled veterans exempt from certain license or
452	permit fee.--No totally and permanently disabled veteran who is
453	a resident of Florida and honorably discharged from the Armed
454	Forces, who has been issued a valid identification card by the
455	Department of Veterans' Affairs in accordance with s. 295.17 or
456	has been determined by the United States Department of Veterans
457	Affairs or its predecessor to have a service-connected 100-
458	percent disability rating for compensation, or who has been
459	determined to have a service-connected disability rating of 100
460	percent and is in receipt of disability retirement pay from any
461	branch of the uniformed armed services, shall be required to pay
462	any license or permit fee, by whatever name known, to any county
463	or municipality in order to make improvements upon a dwelling
464	mobile home owned by the veteran which is used as the veteran's
465	residence, provided such improvements are limited to ramps,
466	widening of doors, and similar improvements for the purpose of
467	making the dwelling mobile home habitable for veterans confined
468	to wheelchairs.
469	Section 12.  Paragraphs (b) and (e) of subsection (19) of
470	section 380.06, Florida Statutes, are amended, and paragraph (i)
471	is added to that subsection, to read:
472	380.06  Developments of regional impact.--
473	(19)  SUBSTANTIAL DEVIATIONS.--
474	(b)  Any proposed change to a previously approved
475	development of regional impact or development order condition
476	which, either individually or cumulatively with other changes,
477	exceeds any of the following criteria shall constitute a
478	substantial deviation and shall cause the development to be
479	subject to further development-of-regional-impact review without
480	the necessity for a finding of same by the local government:
481	1.  An increase in the number of parking spaces at an
482	attraction or recreational facility by 5 percent or 300 spaces,
483	whichever is greater, or an increase in the number of spectators
484	that may be accommodated at such a facility by 5 percent or
485	1,000 spectators, whichever is greater.
486	2.  A new runway, a new terminal facility, a 25-percent
487	lengthening of an existing runway, or a 25-percent increase in
488	the number of gates of an existing terminal, but only if the
489	increase adds at least three additional gates.
490	3.  An increase in the number of hospital beds by 5 percent
491	or 60 beds, whichever is greater.
492	4.  An increase in industrial development area by 5 percent
493	or 32 acres, whichever is greater.
494	5.  An increase in the average annual acreage mined by 5
495	percent or 10 acres, whichever is greater, or an increase in the
496	average daily water consumption by a mining operation by 5
497	percent or 300,000 gallons, whichever is greater. An increase in
498	the size of the mine by 5 percent or 750 acres, whichever is
499	less. An increase in the size of a heavy mineral mine as defined
500	in s. 378.403(7) will only constitute a substantial deviation if
501	the average annual acreage mined is more than 500 acres and
502	consumes more than 3 million gallons of water per day.
503	6.  An increase in land area for office development by 5
504	percent or an increase of gross floor area of office development
505	by 5 percent or 60,000 gross square feet, whichever is greater.
506	7.  An increase in the storage capacity for chemical or
507	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
508	million pounds, whichever is greater.
509	8.  An increase of development at a waterport of wet
510	storage for 20 watercraft, dry storage for 30 watercraft, or
511	wet/dry storage for 60 watercraft in an area identified in the
512	state marina siting plan as an appropriate site for additional
513	waterport development or a 5-percent increase in watercraft
514	storage capacity, whichever is greater.
515	9.  An increase in the number of dwelling units by 5
516	percent or 50 dwelling units, whichever is greater.
517	10.  An increase in the number of dwelling units by 50
518	percent, or 200 units, whichever is greater, provided that 15
519	percent of the proposed additional dwelling units are dedicated
520	to affordable workforce housing, subject to a recorded land use
521	restriction that shall be for a period of not less than 20 years
522	and that includes resale provisions to ensure long-term
523	affordability for income-eligible homeowners and renters and
524	provisions for the workforce housing to be commenced prior to
525	the completion of 50 percent of the market rate dwelling. For
526	purposes of this subparagraph, the term "affordable workforce
527	housing" means housing that is affordable to a person who earns
528	less than 120 percent of the area median income, or less than
529	140 percent of the area median income if located in a county in
530	which the median purchase price for a single-family existing
531	home exceeds the statewide median purchase price of a single-
532	family existing home. For purposes of this subparagraph, the
533	term "statewide median purchase price of a single-family
534	existing home" means the statewide purchase price as determined
535	in the Florida Sales Report, Single-Family Existing Homes,
536	released each January by the Florida Association of Realtors and
537	the University of Florida Real Estate Research Center.
538	11.10.  An increase in commercial development by 50,000
539	square feet of gross floor area or of parking spaces provided
540	for customers for 300 cars or a 5-percent increase of either of
541	these, whichever is greater.
542	12.11.  An increase in hotel or motel facility units by 5
543	percent or 75 units, whichever is greater.
544	13.12.  An increase in a recreational vehicle park area by
545	5 percent or 100 vehicle spaces, whichever is less.
546	14.13.  A decrease in the area set aside for open space of
547	5 percent or 20 acres, whichever is less.
548	15.14.  A proposed increase to an approved multiuse
549	development of regional impact where the sum of the increases of
550	each land use as a percentage of the applicable substantial
551	deviation criteria is equal to or exceeds 100 percent. The
552	percentage of any decrease in the amount of open space shall be
553	treated as an increase for purposes of determining when 100
554	percent has been reached or exceeded.
555	16.15.  A 15-percent increase in the number of external
556	vehicle trips generated by the development above that which was
557	projected during the original development-of-regional-impact
558	review.
559	17.16.  Any change which would result in development of any
560	area which was specifically set aside in the application for
561	development approval or in the development order for
562	preservation or special protection of endangered or threatened
563	plants or animals designated as endangered, threatened, or
564	species of special concern and their habitat, primary dunes, or
565	archaeological and historical sites designated as significant by
566	the Division of Historical Resources of the Department of State.
567	The further refinement of such areas by survey shall be
568	considered under sub-subparagraph (e)5.b.
569
570	The substantial deviation numerical standards in subparagraphs
571	4., 6., 10., 11., and 15. 14., excluding residential uses, and
572	16. 15., are increased by 100 percent for a project certified
573	under s. 403.973 which creates jobs and meets criteria
574	established by the Office of Tourism, Trade, and Economic
575	Development as to its impact on an area's economy, employment,
576	and prevailing wage and skill levels. The substantial deviation
577	numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
578	and 15. 14. are increased by 50 percent for a project located
579	wholly within an urban infill and redevelopment area designated
580	on the applicable adopted local comprehensive plan future land
581	use map and not located within the coastal high hazard area.
582	(e)1.  Except for a development order rendered pursuant to
583	subsection (22) or subsection (25), a proposed change to a
584	development order that individually or cumulatively with any
585	previous change is less than any numerical criterion contained
586	in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
587	other criterion, or that involves an extension of the buildout
588	date of a development, or any phase thereof, of less than 5
589	years is not subject to the public hearing requirements of
590	subparagraph (f)3., and is not subject to a determination
591	pursuant to subparagraph (f)5. Notice of the proposed change
592	shall be made to the regional planning council and the state
593	land planning agency. Such notice shall include a description of
594	previous individual changes made to the development, including
595	changes previously approved by the local government, and shall
596	include appropriate amendments to the development order.
597	2.  The following changes, individually or cumulatively
598	with any previous changes, are not substantial deviations:
599	a.  Changes in the name of the project, developer, owner,
600	or monitoring official.
601	b.  Changes to a setback that do not affect noise buffers,
602	environmental protection or mitigation areas, or archaeological
603	or historical resources.
604	c.  Changes to minimum lot sizes.
605	d.  Changes in the configuration of internal roads that do
606	not affect external access points.
607	e.  Changes to the building design or orientation that stay
608	approximately within the approved area designated for such
609	building and parking lot, and which do not affect historical
610	buildings designated as significant by the Division of
611	Historical Resources of the Department of State.
612	f.  Changes to increase the acreage in the development,
613	provided that no development is proposed on the acreage to be
614	added.
615	g.  Changes to eliminate an approved land use, provided
616	that there are no additional regional impacts.
617	h.  Changes required to conform to permits approved by any
618	federal, state, or regional permitting agency, provided that
619	these changes do not create additional regional impacts.
620	i.  Any renovation or redevelopment of development within a
621	previously approved development of regional impact which does
622	not change land use or increase density or intensity of use.
623	j.  Any other change which the state land planning agency
624	agrees in writing is similar in nature, impact, or character to
625	the changes enumerated in sub-subparagraphs a.-i. and which does
626	not create the likelihood of any additional regional impact.
627
628	This subsection does not require a development order amendment
629	for any change listed in sub-subparagraphs a.-j. unless such
630	issue is addressed either in the existing development order or
631	in the application for development approval, but, in the case of
632	the application, only if, and in the manner in which, the
633	application is incorporated in the development order.
634	3.  Except for the change authorized by sub-subparagraph
635	2.f., any addition of land not previously reviewed or any change
636	not specified in paragraph (b) or paragraph (c) shall be
637	presumed to create a substantial deviation. This presumption may
638	be rebutted by clear and convincing evidence.
639	4.  Any submittal of a proposed change to a previously
640	approved development shall include a description of individual
641	changes previously made to the development, including changes
642	previously approved by the local government. The local
643	government shall consider the previous and current proposed
644	changes in deciding whether such changes cumulatively constitute
645	a substantial deviation requiring further development-of-
646	regional-impact review.
647	5.  The following changes to an approved development of
648	regional impact shall be presumed to create a substantial
649	deviation. Such presumption may be rebutted by clear and
650	convincing evidence.
651	a.  A change proposed for 15 percent or more of the acreage
652	to a land use not previously approved in the development order.
653	Changes of less than 15 percent shall be presumed not to create
654	a substantial deviation.
655	b.  Except for the types of uses listed in subparagraph
656	(b)17. (b)16., any change which would result in the development
657	of any area which was specifically set aside in the application
658	for development approval or in the development order for
659	preservation, buffers, or special protection, including habitat
660	for plant and animal species, archaeological and historical
661	sites, dunes, and other special areas.
662	c.  Notwithstanding any provision of paragraph (b) to the
663	contrary, a proposed change consisting of simultaneous increases
664	and decreases of at least two of the uses within an authorized
665	multiuse development of regional impact which was originally
666	approved with three or more uses specified in s. 380.0651(3)(c),
667	(d), (f), and (g) and residential use.
668	(i)  An increase in the number of residential dwelling
669	units shall not constitute a substantial deviation and shall not
670	be subject to development-of-regional-impact review for
671	additional impacts, provided that all the residential dwelling
672	units are dedicated to affordable workforce housing and the
673	total number of new residential units does not exceed 200
674	percent of the substantial deviation threshold. The affordable
675	workforce housing shall be subject to a recorded land use
676	restriction that shall be for a period of not less than 20 years
677	and that includes resale provisions to ensure long-term
678	affordability for income-eligible homeowners and renters. For
679	purposes of this paragraph, the term "affordable workforce
680	housing" means housing that is affordable to a person who earns
681	less than 120 percent of the area median income, or less than
682	140 percent of the area median income if located in a county in
683	which the median purchase price for a single-family existing
684	home exceeds the statewide median purchase price of a single-
685	family existing home. For purposes of this paragraph, the term
686	"statewide median purchase price of a single-family existing
687	home" means the statewide purchase price as determined in the
688	Florida Sales Report, Single-Family Existing Homes, released
689	each January by the Florida Association of Realtors and the
690	University of Florida Real Estate Research Center.
691	Section 13.  Paragraph (k) of subsection (3) of section
692	380.0651, Florida Statutes, is redesignated as paragraph (l),
693	and a new paragraph (k) is added to that subsection, to read:
694	380.0651  Statewide guidelines and standards.--
695	(3)  The following statewide guidelines and standards shall
696	be applied in the manner described in s. 380.06(2) to determine
697	whether the following developments shall be required to undergo
698	development-of-regional-impact review:
699	(k)  Workforce housing.--The applicable guidelines for
700	residential development and the residential component for
701	multiuse development shall be increased by 50 percent where the
702	developer demonstrates that at least 15 percent of the total
703	residential dwelling units authorized within the development of
704	regional impact will be dedicated to affordable workforce
705	housing, subject to a recorded land use restriction that shall
706	be for a period of not less than 20 years and that includes
707	resale provisions to ensure long-term affordability for income-
708	eligible homeowners and renters and provisions for the workforce
709	housing to be commenced prior to the completion of 50 percent of
710	the market rate dwelling. For purposes of this paragraph, the
711	term "affordable workforce housing" means housing that is
712	affordable to a person who earns less than 120 percent of the
713	area median income, or less than 140 percent of the area median
714	income if located in a county in which the median purchase price
715	for a single-family existing home exceeds the statewide median
716	purchase price of a single-family existing home. For the
717	purposes of this paragraph, the term "statewide median purchase
718	price of a single-family existing home" means the statewide
719	purchase price as determined in the Florida Sales Report,
720	Single-Family Existing Homes, released each January by the
721	Florida Association of Realtors and the University of Florida
722	Real Estate Research Center.
723	Section 14.  Section 420.0004, Florida Statutes, is amended
724	to read:
725	420.0004  Definitions.--As used in this part, unless the
726	context otherwise indicates:
727	(1)  "Adjusted for family size" means adjusted in a manner
728	which results in an income eligibility level which is lower for
729	households with fewer than four people, or higher for households
730	with more than four people, than the base income eligibility
731	determined as provided in subsection (8), subsection (10) (9),
732	subsection (11) (10), or subsection (15) (14), based upon a
733	formula as established by the United States Department of
734	Housing and Urban Development.
735	(2)  "Adjusted gross income" means all wages, assets,
736	regular cash or noncash contributions or gifts from persons
737	outside the household, and such other resources and benefits as
738	may be determined to be income by the United States Department
739	of Housing and Urban Development, adjusted for family size, less
740	deductions allowable under s. 62 of the Internal Revenue Code.
741	(3)  "Affordable" means that monthly rents or monthly
742	mortgage payments including taxes, insurance, and utilities do
743	not exceed 30 percent of that amount which represents the
744	percentage of the median adjusted gross annual income for the
745	households as indicated in subsection (8), subsection (10) (9),
746	subsection (11) (10), or subsection (15) (14).
747	(4)  "Corporation" means the Florida Housing Finance
748	Corporation.
749	(5)  "Community-based organization" or "nonprofit
750	organization" means a private corporation organized under
751	chapter 617 to assist in the provision of housing and related
752	services on a not-for-profit basis and which is acceptable to
753	federal and state agencies and financial institutions as a
754	sponsor of low-income housing.
755	(6)  "Department" means the Department of Community
756	Affairs.
757	(7)  "Elderly" describes persons 62 years of age or older.
758	(8)  "Extremely-low-income persons" means one or more
759	natural persons or a family whose total annual household income
760	does not exceed 30 percent of the median annual adjusted gross
761	income for households within the state. The Florida Housing
762	Finance Corporation may adjust this amount annually by rule to
763	provide that in lower income counties, extremely-low-income may
764	exceed 30 percent of area median income and that in higher
765	income counties, extremely-low-income may be less than 30
766	percent of area median income.
767	(9)(8)  "Local public body" means any county, municipality,
768	or other political subdivision, or any housing authority as
769	provided by chapter 421, which is eligible to sponsor or develop
770	housing for farmworkers and very-low-income and low-income
771	persons within its jurisdiction.
772	(10)(9)  "Low-income persons" means one or more natural
773	persons or a family, the total annual adjusted gross household
774	income of which does not exceed 80 percent of the median annual
775	adjusted gross income for households within the state, or 80
776	percent of the median annual adjusted gross income for
777	households within the metropolitan statistical area (MSA) or, if
778	not within an MSA, within the county in which the person or
779	family resides, whichever is greater.
780	(11)(10)  "Moderate-income persons" means one or more
781	natural persons or a family, the total annual adjusted gross
782	household income of which is less than 120 percent of the median
783	annual adjusted gross income for households within the state, or
784	120 percent of the median annual adjusted gross income for
785	households within the metropolitan statistical area (MSA) or, if
786	not within an MSA, within the county in which the person or
787	family resides, whichever is greater.
788	(12)(11)  "Student" means any person not living with his or
789	her parent or guardian who is eligible to be claimed by his or
790	her parent or guardian as a dependent under the federal income
791	tax code and who is enrolled on at least a half-time basis in a
792	secondary school, career center, community college, college, or
793	university.
794	(13)(12)  "Substandard" means:
795	(a)  Any unit lacking complete plumbing or sanitary
796	facilities for the exclusive use of the occupants;
797	(b)  A unit which is in violation of one or more major
798	sections of an applicable housing code and where such violation
799	poses a serious threat to the health of the occupant; or
800	(c)  A unit that has been declared unfit for human
801	habitation but that could be rehabilitated for less than 50
802	percent of the property value.
803	(14)(13)  "Substantial rehabilitation" means repair or
804	restoration of a dwelling unit where the value of such repair or
805	restoration exceeds 40 percent of the value of the dwelling.
806	(15)(14)  "Very-low-income persons" means one or more
807	natural persons or a family, not including students, the total
808	annual adjusted gross household income of which does not exceed
809	50 percent of the median annual adjusted gross income for
810	households within the state, or 50 percent of the median annual
811	adjusted gross income for households within the metropolitan
812	statistical area (MSA) or, if not within an MSA, within the
813	county in which the person or family resides, whichever is
814	greater.
815	Section 15.  Subsection (18) of section 420.503, Florida
816	Statutes, is amended to read:
817	420.503  Definitions.--As used in this part, the term:
818	(18)(a)  "Farmworker" means a laborer who is employed on a
819	seasonal, temporary, or permanent basis in the planting,
820	cultivating, harvesting, or processing of agricultural or
821	aquacultural products and who derived at least 50 percent of her
822	or his income in the immediately preceding 12 months from such
823	employment.
824	(b)  "Farmworker" also includes a person who has retired as
825	a laborer due to age, disability, or illness. In order to be
826	considered retired as a farmworker due to age under this part, a
827	person must be 50 years of age or older and must have been
828	employed for a minimum of 5 years as a farmworker before
829	retirement. In order to be considered retired as a farmworker
830	due to disability or illness, a person must:
831	1.(a)  Establish medically that she or he is unable to be
832	employed as a farmworker due to that disability or illness.
833	2.(b)  Establish that she or he was previously employed as
834	a farmworker.
835	(c)  Notwithstanding paragraphs (a) and (b), when
836	corporation-administered funds are used in conjunction with
837	United States Department of Agriculture Rural Development funds,
838	the term "farmworker" may mean a laborer who meets, at a
839	minimum, the definition of "domestic farm laborer" as found in 7
840	C.F.R. s. 3560.11, as amended. The corporation may establish
841	additional criteria by rule.
842	Section 16.  Section 420.5061, Florida Statutes, is amended
843	to read:
844	420.5061  Transfer of agency assets and liabilities.--
845	Effective January 1, 1998, all assets and liabilities and rights
846	and obligations, including any outstanding contractual
847	obligations, of the agency shall be transferred to the
848	corporation as legal successor in all respects to the agency.
849	The corporation shall thereupon become obligated to the same
850	extent as the agency under any existing agreements and be
851	entitled to any rights and remedies previously afforded the
852	agency by law or contract, including specifically the rights of
853	the agency under chapter 201 and part VI of chapter 159. The
854	corporation is a state agency for purposes of s. 159.807(4)(a).
855	Effective January 1, 1998, all references under Florida law to
856	the agency are deemed to mean the corporation. The corporation
857	shall transfer to the General Revenue Fund an amount which
858	otherwise would have been deducted as a service charge pursuant
859	to s. 215.20(1) if the Florida Housing Finance Corporation Fund
860	established by s. 420.508(5), the State Apartment Incentive Loan
861	Fund established by s. 420.5087(7), the Florida Homeownership
862	Assistance Fund established by s. 420.5088(4)(5), the HOME
863	Investment Partnership Fund established by s. 420.5089(1), and
864	the Housing Predevelopment Loan Fund established by s.
865	420.525(1) were each trust funds. For purposes of s. 112.313,
866	the corporation is deemed to be a continuation of the agency,
867	and the provisions thereof are deemed to apply as if the same
868	entity remained in place. Any employees of the agency and agency
869	board members covered by s. 112.313(9)(a)6. shall continue to be
870	entitled to the exemption in that subparagraph, notwithstanding
871	being hired by the corporation or appointed as board members of
872	the corporation. Effective January 1, 1998, all state property
873	in use by the agency shall be transferred to and become the
874	property of the corporation.
875	Section 17.  Subsections (22), (23), and (40) of section
876	420.507, Florida Statutes, are amended, and subsections (44) and
877	(45) are added to that section, to read:
878	420.507  Powers of the corporation.--The corporation shall
879	have all the powers necessary or convenient to carry out and
880	effectuate the purposes and provisions of this part, including
881	the following powers which are in addition to all other powers
882	granted by other provisions of this part:
883	(22)  To develop and administer the State Apartment
884	Incentive Loan Program. In developing and administering that
885	program, the corporation may:
886	(a)  Make first, second, and other subordinated mortgage
887	loans including variable or fixed rate loans subject to
888	contingent interest for all State Apartment Incentive Loans
889	provided for in this chapter based upon available cash flow of
890	the projects. The corporation shall make loans exceeding 25
891	percent of project cost available only to nonprofit
892	organizations and public bodies which are able to secure grants,
893	donations of land, or contributions from other sources and to
894	projects meeting the criteria of subparagraph 1. Mortgage loans
895	shall be made available at the following rates of interest:
896	1.  Zero to 3 percent interest for sponsors of projects
897	that set aside at least maintain an 80 percent occupancy of
898	their total units for residents qualifying as farmworkers as
899	defined in this part s. 420.503(18), or commercial fishing
900	workers as defined in this part s. 420.503(5), or the homeless
901	as defined in s. 420.621(4) over the life of the loan.
902	2.  Zero to 3 percent interest based on the pro rata share
903	of units set aside for homeless residents if the total of such
904	units is less than 80 percent of the units in the borrower's
905	project.
906	3.  One Three to 9 percent interest for sponsors of
907	projects targeted at populations other than farmworkers,
908	commercial fishing workers, and the homeless.
909	(b)  Make loans exceeding 25 percent of project cost when
910	the project serves extremely-low-income persons.
911	(c)  Forgive indebtedness for a share of the loan
912	attributable to the units in a project reserved for extremely-
913	low-income persons.
914	(d)(b)  Geographically and demographically target the
915	utilization of loans.
916	(e)(c)  Underwrite credit, and reject projects which do not
917	meet the established standards of the corporation.
918	(f)(d)  Negotiate with governing bodies within the state
919	after a loan has been awarded to obtain local government
920	contributions.
921	(g)(e)  Inspect any records of a sponsor at any time during
922	the life of the loan or the agreed period for maintaining the
923	provisions of s. 420.5087.
924	(h)(f)  Establish, by rule, the procedure for evaluating,
925	scoring, and competitively ranking all applications based on the
926	criteria set forth in s. 420.5087(6)(c); determining actual loan
927	amounts; making and servicing loans; and exercising the powers
928	authorized in this subsection.
929	(i)(g)  Establish a loan loss insurance reserve to be used
930	to protect the outstanding program investment in case of a
931	default, deed in lieu of foreclosure, or foreclosure of a
932	program loan.
933	(23)  To develop and administer the Florida Homeownership
934	Assistance Program. In developing and administering the program,
935	the corporation may:
936	(a)1.  Make subordinated loans to eligible borrowers for
937	down payments or closing costs related to the purchase of the
938	borrower's primary residence.
939	2.  Make permanent loans to eligible borrowers related to
940	the purchase of the borrower's primary residence.
941	3.  Make subordinated loans to nonprofit sponsors or
942	developers of housing for purchase of property, for
943	construction, or for financing of housing to be offered for sale
944	to eligible borrowers as a primary residence at an affordable
945	price.
946	(b)  Establish a loan loss insurance reserve to supplement
947	existing sources of mortgage insurance with appropriated funds.
948	(c)  Geographically and demographically target the
949	utilization of loans.
950	(d)  Defer repayment of loans for the term of the first
951	mortgage.
952	(e)  Establish flexible terms for loans with an interest
953	rate not to exceed 3 percent per annum and which are
954	nonamortizing for the term of the first mortgage.
955	(f)  Require repayment of loans upon sale, transfer,
956	refinancing, or rental of secured property, unless otherwise
957	approved by the corporation.
958	(g)  Accelerate a loan for monetary default, for failure to
959	provide the benefits of the loans to eligible borrowers, or for
960	violation of any other restriction placed upon the loan.
961	(h)  Adopt rules for the program and exercise the powers
962	authorized in this subsection.
963	(40)  To establish subsidiary business entities
964	corporations for the purpose of taking title to and managing and
965	disposing of property acquired by the corporation. Such
966	subsidiary business entities corporations shall be public
967	business entities corporations wholly owned by the corporation;
968	shall be entitled to own, mortgage, and sell property on the
969	same basis as the corporation; and shall be deemed business
970	entities corporations primarily acting as an agent agents of the
971	state, within the meaning of s. 768.28, on the same basis as the
972	corporation. Any subsidiary business entity created by the
973	corporation shall be subject to chapters 119, 120, and 286 to
974	the same extent as the corporation. The subsidiary business
975	entities shall have authority to make rules necessary to conduct
976	business and to carry out the purposes of this subsection.
977	(44)  To adopt rules for the intervention and negotiation
978	of terms or other actions necessary to further program goals or
979	avoid default of a program loan. Such rules must consider fiscal
980	program goals and the preservation or advancement of affordable
981	housing for the state.
982	(45)  To establish by rule requirements for periodic
983	reporting of data, including, but not limited to, financial
984	data, housing market data, detailed economic and physical
985	occupancy on multifamily projects, and demographic data on all
986	housing financed through corporation programs and for
987	participation in a housing locator system.
988	Section 18.  Subsections (1), (3), (5), and (6) of section
989	420.5087, Florida Statutes, are amended to read:
990	420.5087  State Apartment Incentive Loan Program.--There is
991	hereby created the State Apartment Incentive Loan Program for
992	the purpose of providing first, second, or other subordinated
993	mortgage loans or loan guarantees to sponsors, including for-
994	profit, nonprofit, and public entities, to provide housing
995	affordable to very-low-income persons.
996	(1)  Program funds shall be distributed over successive 3-
997	year periods in a manner that meets the need and demand for
998	very-low-income housing throughout the state. That need and
999	demand must be determined by using the most recent statewide
1000	low-income rental housing market studies available at the
1001	beginning of each 3-year period. However, at least 10 percent of
1002	the program funds distributed during a 3-year period must be
1003	allocated to each of the following categories of counties, as
1004	determined by using the population statistics published in the
1005	most recent edition of the Florida Statistical Abstract:
1006	(a)  Counties that have a population of 825,000 or more.
1007	more than 500,000 people;
1008	(b)  Counties that have a population of more than between
1009	100,000 but less than 825,000. and 500,000 people; and
1010	(c)  Counties that have a population of 100,000 or less.
1011
1012	Any increase in funding required to reach the 10-percent
1013	minimum shall be taken from the county category that has the
1014	largest allocation. The corporation shall adopt rules which
1015	establish an equitable process for distributing any portion of
1016	the 10 percent of program funds allocated to the county
1017	categories specified in this subsection which remains
1018	unallocated at the end of a 3-year period. Counties that have a
1019	population of 100,000 or less shall be given preference under
1020	these rules.
1021	(3)  During the first 6 months of loan or loan guarantee
1022	availability, program funds shall be reserved for use by
1023	sponsors who provide the housing set-aside required in
1024	subsection (2) for the tenant groups designated in this
1025	subsection. The reservation of funds to each of these groups
1026	shall be determined using the most recent statewide very-low-
1027	income rental housing market study available at the time of
1028	publication of each notice of fund availability required by
1029	paragraph (6)(b). The reservation of funds within each notice of
1030	fund availability to the tenant groups in paragraphs (a), (b),
1031	and (d) may not be less than 10 percent of the funds available
1032	at that time. Any increase in funding required to reach the 10-
1033	percent minimum shall be taken from the tenant group that has
1034	the largest reservation. The reservation of funds within each
1035	notice of fund availability to the tenant group in paragraph (c)
1036	may not be less than 5 percent of the funds available at that
1037	time. The tenant groups are:
1038	(a)  Commercial fishing workers and farmworkers;
1039	(b)  Families;
1040	(c)  Persons who are homeless; and
1041	(d)  Elderly persons. Ten percent of the amount reserved
1042	for the elderly shall be reserved to provide loans to sponsors
1043	of housing for the elderly for the purpose of making building
1044	preservation, health, or sanitation repairs or improvements
1045	which are required by federal, state, or local regulation or
1046	code, or lifesafety or security-related repairs or improvements
1047	to such housing. Such a loan may not exceed $750,000 per housing
1048	community for the elderly. In order to receive the loan, the
1049	sponsor of the housing community must make a commitment to match
1050	at least 5 15 percent of the loan amount to pay the cost of such
1051	repair or improvement. The corporation shall establish the rate
1052	of interest on the loan, which may not exceed 3 percent, and the
1053	term of the loan, which may not exceed 15 years; however, if the
1054	lien of the corporation's encumbrance is subordinate to the lien
1055	of another mortgagee, then the term may be made coterminous with
1056	the longest term of the superior lien. The term of the loan
1057	shall be established on the basis of a credit analysis of the
1058	applicant. The corporation shall establish, by rule, the
1059	procedure and criteria for receiving, evaluating, and
1060	competitively ranking all applications for loans under this
1061	paragraph. A loan application must include evidence of the first
1062	mortgagee's having reviewed and approved the sponsor's intent to
1063	apply for a loan. A nonprofit organization or sponsor may not
1064	use the proceeds of the loan to pay for administrative costs,
1065	routine maintenance, or new construction.
1066	(5)  The amount of the mortgage provided under this program
1067	combined with any other mortgage in a superior position shall be
1068	less than the value of the project without the housing set-aside
1069	required by subsection (2). However, the corporation may waive
1070	this requirement for projects in rural areas or urban infill
1071	areas which have market rate rents that are less than the
1072	allowable rents pursuant to applicable state and federal
1073	guidelines, and for projects which reserve units for extremely-
1074	low-income persons. In no event shall the mortgage provided
1075	under this program combined with any other mortgage in a
1076	superior position exceed total project cost.
1077	(6)  On all state apartment incentive loans, except loans
1078	made to housing communities for the elderly to provide for
1079	lifesafety, building preservation, health, sanitation, or
1080	security-related repairs or improvements, the following
1081	provisions shall apply:
1082	(a)  The corporation shall establish two interest rates in
1083	accordance with s. 420.507(22)(a)1. and 3. 2.
1084	(b)  The corporation shall publish a notice of fund
1085	availability in a publication of general circulation throughout
1086	the state. Such notice shall be published at least 60 days prior
1087	to the application deadline and shall provide notice of the
1088	temporary reservations of funds established in subsection (3).
1089	(c)  The corporation shall provide by rule for the
1090	establishment of a review committee composed of the department
1091	and corporation staff and shall establish by rule a scoring
1092	system for evaluation and competitive ranking of applications
1093	submitted in this program, including, but not limited to, the
1094	following criteria:
1095	1.  Tenant income and demographic targeting objectives of
1096	the corporation.
1097	2.  Targeting objectives of the corporation which will
1098	ensure an equitable distribution of loans between rural and
1099	urban areas.
1100	3.  Sponsor's agreement to reserve the units for persons or
1101	families who have incomes below 50 percent of the state or local
1102	median income, whichever is higher, for a time period to exceed
1103	the minimum required by federal law or the provisions of this
1104	part.
1105	4.  Sponsor's agreement to reserve more than:
1106	a.  Twenty percent of the units in the project for persons
1107	or families who have incomes that do not exceed 50 percent of
1108	the state or local median income, whichever is higher; or
1109	b.  Forty percent of the units in the project for persons
1110	or families who have incomes that do not exceed 60 percent of
1111	the state or local median income, whichever is higher, without
1112	requiring a greater amount of the loans as provided in this
1113	section.
1114	5.  Provision for tenant counseling.
1115	6.  Sponsor's agreement to accept rental assistance
1116	certificates or vouchers as payment for rent; however, when
1117	certificates or vouchers are accepted as payment for rent on
1118	units set aside pursuant to subsection (2), the benefit must be
1119	divided between the corporation and the sponsor, as provided by
1120	corporation rule.
1121	7.  Projects requiring the least amount of a state
1122	apartment incentive loan compared to overall project cost except
1123	that the share of the loan attributable to units serving
1124	extremely-low-income persons shall be excluded from this
1125	requirement.
1126	8.  Local government contributions and local government
1127	comprehensive planning and activities that promote affordable
1128	housing.
1129	9.  Project feasibility.
1130	10.  Economic viability of the project.
1131	11.  Commitment of first mortgage financing.
1132	12.  Sponsor's prior experience.
1133	13.  Sponsor's ability to proceed with construction.
1134	14.  Projects that directly implement or assist welfare-to-
1135	work transitioning.
1136	15.  Projects that reserve units for extremely-low-income
1137	persons.
1138	(d)  The corporation may reject any and all applications.
1139	(e)  The corporation may approve and reject applications
1140	for the purpose of achieving geographic targeting.
1141	(f)  The review committee established by corporation rule
1142	pursuant to this subsection shall make recommendations to the
1143	board of directors of the corporation regarding program
1144	participation under the State Apartment Incentive Loan Program.
1145	The corporation board shall make the final ranking and the
1146	decisions regarding which applicants shall become program
1147	participants based on the scores received in the competitive
1148	ranking, further review of applications, and the recommendations
1149	of the review committee. The corporation board shall approve or
1150	reject applications for loans and shall determine the tentative
1151	loan amount available to each applicant selected for
1152	participation in the program. The actual loan amount shall be
1153	determined pursuant to rule adopted pursuant to s.
1154	420.507(22)(h)(f).
1155	(g)  The loan term shall be for a period of not more than
1156	15 years; however, if both a program loan and federal low-income
1157	housing tax credits are to be used to assist a project, the
1158	corporation may set the loan term for a period commensurate with
1159	the investment requirements associated with the tax credit
1160	syndication. The term of the loan may also exceed 15 years;
1161	however, if the lien of the corporation's encumbrance is
1162	subordinate to the lien of another mortgagee, then the term may
1163	be made coterminous with the longest term of the superior lien
1164	necessary to conform to requirements of the Federal National
1165	Mortgage Association. The corporation may renegotiate and extend
1166	the loan in order to extend the availability of housing for the
1167	targeted population. The term of a loan may not extend beyond
1168	the period for which the sponsor agrees to provide the housing
1169	set-aside required by subsection (2).
1170	(h)  The loan shall be subject to sale, transfer, or
1171	refinancing. The sale, transfer, or refinancing of the loan
1172	shall be consistent with fiscal program goals and the
1173	preservation or advancement of affordable housing for the state.
1174	However, all requirements and conditions of the loan shall
1175	remain following sale, transfer, or refinancing.
1176	(i)  The discrimination provisions of s. 420.516 shall
1177	apply to all loans.
1178	(j)  The corporation may require units dedicated for the
1179	elderly.
1180	(k)  Rent controls shall not be allowed on any project
1181	except as required in conjunction with the issuance of tax-
1182	exempt bonds or federal low-income housing tax credits and
1183	except when the sponsor has committed to set aside units for
1184	extremely-low-income persons, in which case rents shall be
1185	restricted at the level applicable for federal low-income tax
1186	credits.
1187	(l)  The proceeds of all loans shall be used for new
1188	construction or substantial rehabilitation which creates
1189	affordable, safe, and sanitary housing units.
1190	(m)  Sponsors shall annually certify the adjusted gross
1191	income of all persons or families qualified under subsection (2)
1192	at the time of initial occupancy, who are residing in a project
1193	funded by this program. All persons or families qualified under
1194	subsection (2) may continue to qualify under subsection (2) in a
1195	project funded by this program if the adjusted gross income of
1196	those persons or families at the time of annual recertification
1197	meets the requirements established in s. 142(d)(3)(B) of the
1198	Internal Revenue Code of 1986, as amended. If the annual
1199	recertification of persons or families qualifying under
1200	subsection (2) results in noncompliance with income occupancy
1201	requirements, the next available unit must be rented to a person
1202	or family qualifying under subsection (2) in order to ensure
1203	continuing compliance of the project. The corporation may waive
1204	the annual recertification if 100 percent of the units are set
1205	aside as affordable.
1206	(n)  Upon submission and approval of a marketing plan which
1207	demonstrates a good faith effort of a sponsor to rent a unit or
1208	units to persons or families reserved under subsection (3) and
1209	qualified under subsection (2), the sponsor may rent such unit
1210	or units to any person or family qualified under subsection (2)
1211	notwithstanding the reservation.
1212	(o)  Sponsors may participate in federal mortgage insurance
1213	programs and must abide by the requirements of those programs.
1214	If a conflict occurs between the requirements of federal
1215	mortgage insurance programs and the requirements of this
1216	section, the requirements of federal mortgage insurance programs
1217	shall take precedence.
1218	Section 19.  Section 420.5088, Florida Statutes, is amended
1219	to read:
1220	420.5088  Florida Homeownership Assistance Program.--There
1221	is created the Florida Homeownership Assistance Program for the
1222	purpose of assisting low-income and moderate-income persons in
1223	purchasing a home as their primary residence by reducing the
1224	cost of the home with below-market construction financing, by
1225	reducing the amount of down payment and closing costs paid by
1226	the borrower to a maximum of 5 percent of the purchase price, or
1227	by reducing the monthly payment to an affordable amount for the
1228	purchaser. Loans shall be made available at an interest rate
1229	that does not exceed 3 percent. The balance of any loan is due
1230	at closing if the property is sold, refinanced, rented, or
1231	transferred, unless otherwise approved by the corporation.
1232	(1)  For loans made available pursuant to s.
1233	420.507(23)(a)1. or 2.:
1234	(a)  The corporation may underwrite and make those mortgage
1235	loans through the program to persons or families who have
1236	incomes that do not exceed 120 80 percent of the state or local
1237	median income, whichever is greater, adjusted for family size.
1238	(b)  Loans shall be made available for the term of the
1239	first mortgage.
1240	(c)  Loans may not exceed are limited to the lesser of 35
1241	25 percent of the purchase price of the home or the amount
1242	necessary to enable the purchaser to meet credit underwriting
1243	criteria.
1244	(2)  For loans made pursuant to s. 420.507(23)(a)3.:
1245	(a)  Availability is limited to nonprofit sponsors or
1246	developers who are selected for program participation pursuant
1247	to this subsection.
1248	(b)  Preference must be given to community development
1249	corporations as defined in s. 290.033 and to community-based
1250	organizations as defined in s. 420.503.
1251	(c)  Priority must be given to projects that have received
1252	state assistance in funding project predevelopment costs.
1253	(d)  The benefits of making such loans shall be
1254	contractually provided to the persons or families purchasing
1255	homes financed under this subsection.
1256	(e)  At least 30 percent of the units in a project financed
1257	pursuant to this subsection must be sold to persons or families
1258	who have incomes that do not exceed 80 percent of the state or
1259	local median income, whichever amount is greater, adjusted for
1260	family size; and at least another 30 percent of the units in a
1261	project financed pursuant to this subsection must be sold to
1262	persons or families who have incomes that do not exceed 65 50
1263	percent of the state or local median income, whichever amount is
1264	greater, adjusted for family size.
1265	(f)  The maximum loan amount may not exceed 33 percent of
1266	the total project cost.
1267	(g)  A person who purchases a home in a project financed
1268	under this subsection is eligible for a loan authorized by s.
1269	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1270	construction loan made pursuant to this subsection. The home
1271	purchaser must meet all the requirements for loan recipients
1272	established pursuant to the applicable loan program.
1273	(h)  The corporation shall provide, by rule, for the
1274	establishment of a review committee composed of corporation
1275	staff and shall establish, by rule, a scoring system for
1276	evaluating and ranking applications submitted for construction
1277	loans under this subsection, including, but not limited to, the
1278	following criteria:
1279	1.  The affordability of the housing proposed to be built.
1280	2.  The direct benefits of the assistance to the persons
1281	who will reside in the proposed housing.
1282	3.  The demonstrated capacity of the applicant to carry out
1283	the proposal, including the experience of the development team.
1284	4.  The economic feasibility of the proposal.
1285	5.  The extent to which the applicant demonstrates
1286	potential cost savings by combining the benefits of different
1287	governmental programs and private initiatives, including the
1288	local government contributions and local government
1289	comprehensive planning and activities that promote affordable
1290	housing.
1291	6.  The use of the least amount of program loan funds
1292	compared to overall project cost.
1293	7.  The provision of homeownership counseling.
1294	8.  The applicant's agreement to exceed the requirements of
1295	paragraph (e).
1296	9.  The commitment of first mortgage financing for the
1297	balance of the construction loan and for the permanent loans to
1298	the purchasers of the housing.
1299	10.  The applicant's ability to proceed with construction.
1300	11.  The targeting objectives of the corporation which will
1301	ensure an equitable distribution of loans between rural and
1302	urban areas.
1303	12.  The extent to which the proposal will further the
1304	purposes of this program.
1305	(i)  The corporation may reject any and all applications.
1306	(j)  The review committee established by corporation rule
1307	pursuant to this subsection shall make recommendations to the
1308	corporation board regarding program participation under this
1309	subsection. The corporation board shall make the final ranking
1310	for participation based on the scores received in the ranking,
1311	further review of the applications, and the recommendations of
1312	the review committee. The corporation board shall approve or
1313	reject applicants for loans and shall determine the tentative
1314	loan amount available to each program participant. The final
1315	loan amount shall be determined pursuant to rule adopted under
1316	s. 420.507(23)(h).
1317	(3)  The corporation shall publish a notice of fund
1318	availability in a publication of general circulation throughout
1319	the state at least 60 days prior to the anticipated availability
1320	of funds.
1321	(4)  During the first 9 months of fund availability:
1322	(a)  Sixty percent of the program funds shall be reserved
1323	for use by borrowers pursuant to s. 420.507(23)(a)1.;
1324	(b)  Twenty percent of the program funds shall be reserved
1325	for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1326	(c)  Twenty percent of the program funds shall be reserved
1327	for use by borrowers pursuant to s. 420.507(23)(a)3.
1328
1329	If the application of these percentages would cause the
1330	reservation of program funds under paragraph (a) to be less than
1331	$1 million, the reservation for paragraph (a) shall be increased
1332	to $1 million or all available funds, whichever amount is less,
1333	with the increase to be accomplished by reducing the reservation
1334	for paragraph (b) and, if necessary, paragraph (c).
1335	(4)(5)  There is authorized to be established by the
1336	corporation with a qualified public depository meeting the
1337	requirements of chapter 280 the Florida Homeownership Assistance
1338	Fund to be administered by the corporation according to the
1339	provisions of this program. Any amounts held in the Florida
1340	Homeownership Assistance Trust Fund for such purposes as of
1341	January 1, 1998, must be transferred to the corporation for
1342	deposit in the Florida Homeownership Assistance Fund, whereupon
1343	the Florida Homeownership Assistance Trust Fund must be closed.
1344	There shall be deposited in the fund moneys from the State
1345	Housing Trust Fund created by s. 420.0005, or moneys received
1346	from any other source, for the purpose of this program and all
1347	proceeds derived from the use of such moneys. In addition, all
1348	unencumbered funds, loan repayments, proceeds from the sale of
1349	any property, and any other proceeds that would otherwise accrue
1350	pursuant to the activities of the programs described in this
1351	section shall be transferred to this fund. In addition, all loan
1352	repayments, proceeds from the sale of any property, and any
1353	other proceeds that would otherwise accrue pursuant to the
1354	activities conducted under the provisions of the Florida
1355	Homeownership Assistance Program shall be deposited in the fund
1356	and shall not revert to the General Revenue Fund. Expenditures
1357	from the Florida Homeownership Assistance Fund shall not be
1358	required to be included in the corporation's budget request or
1359	be subject to appropriation by the Legislature.
1360	(5)(6)  No more than one-fifth of the funds available in
1361	the Florida Homeownership Assistance Fund may be made available
1362	to provide loan loss insurance reserve funds to facilitate
1363	homeownership for eligible persons.
1364	Section 20.  Sections 420.37 and 420.530, Florida Statutes,
1365	are repealed.
1366	Section 21.  Subsection (25) of section 420.9071, Florida
1367	Statutes, is amended to read:
1368	420.9071  Definitions.--As used in ss. 420.907-420.9079,
1369	the term:
1370	(25)  "Recaptured funds" means funds that are recouped by a
1371	county or eligible municipality in accordance with the recapture
1372	provisions of its local housing assistance plan pursuant to s.
1373	420.9075(5)(4)(g) from eligible persons or eligible sponsors who
1374	default on the terms of a grant award or loan award.
1375	Section 22.  Subsection (2) of section 420.9072, Florida
1376	Statutes, is amended to read:
1377	420.9072  State Housing Initiatives Partnership Program.--
1378	The State Housing Initiatives Partnership Program is created for
1379	the purpose of providing funds to counties and eligible
1380	municipalities as an incentive for the creation of local housing
1381	partnerships, to expand production of and preserve affordable
1382	housing, to further the housing element of the local government
1383	comprehensive plan specific to affordable housing, and to
1384	increase housing-related employment.
1385	(2)(a)  To be eligible to receive funds under the program,
1386	a county or eligible municipality must:
1387	1.  Submit to the corporation its local housing assistance
1388	plan describing the local housing assistance strategies
1389	established pursuant to s. 420.9075;
1390	2.  Within 12 months after adopting the local housing
1391	assistance plan, amend the plan to incorporate the local housing
1392	incentive strategies defined in s. 420.9071(16) and described in
1393	s. 420.9076; and
1394	3.  Within 24 months after adopting the amended local
1395	housing assistance plan to incorporate the local housing
1396	incentive strategies, amend its land development regulations or
1397	establish local policies and procedures, as necessary, to
1398	implement the local housing incentive strategies adopted by the
1399	local governing body. A county or an eligible municipality that
1400	has adopted a housing incentive strategy pursuant to s. 420.9076
1401	before the effective date of this act shall review the status of
1402	implementation of the plan according to its adopted schedule for
1403	implementation and report its findings in the annual report
1404	required by s. 420.9075(10)(9). If as a result of the review, a
1405	county or an eligible municipality determines that the
1406	implementation is complete and in accordance with its schedule,
1407	no further action is necessary. If a county or an eligible
1408	municipality determines that implementation according to its
1409	schedule is not complete, it must amend its land development
1410	regulations or establish local policies and procedures, as
1411	necessary, to implement the housing incentive plan within 12
1412	months after the effective date of this act, or if extenuating
1413	circumstances prevent implementation within 12 months, pursuant
1414	to s. 420.9075(13)(12), enter into an extension agreement with
1415	the corporation.
1416	(b)  A county or an eligible municipality seeking approval
1417	to receive its share of the local housing distribution must
1418	adopt an ordinance containing the following provisions:
1419	1.  Creation of a local housing assistance trust fund as
1420	described in s. 420.9075(6)(5).
1421	2.  Adoption by resolution of a local housing assistance
1422	plan as defined in s. 420.9071(14) to be implemented through a
1423	local housing partnership as defined in s. 420.9071(18).
1424	3.  Designation of the responsibility for the
1425	administration of the local housing assistance plan. Such
1426	ordinance may also provide for the contracting of all or part of
1427	the administrative or other functions of the program to a third
1428	person or entity.
1429	4.  Creation of the affordable housing advisory committee
1430	as provided in s. 420.9076.
1431
1432	The ordinance must not take effect until at least 30 days after
1433	the date of formal adoption. Ordinances in effect prior to the
1434	effective date of amendments to this section shall be amended as
1435	needed to conform to new provisions.
1436	Section 23.  Paragraph (c) of present subsection (4) of
1437	section 420.9075, Florida Statutes, is amended, subsections (3)
1438	through (12) are renumbered as subsections (4) through (13),
1439	respectively, and a new subsection (3) is added to that section,
1440	to read:
1441	420.9075  Local housing assistance plans; partnerships.--
1442	(3)(a)  Each local housing assistance plan shall include a
1443	definition of essential service personnel for the county or
1444	eligible municipality, including, but not limited to, teachers
1445	and educators, other school district, community college, and
1446	university employees, police and fire personnel, health care
1447	personnel, skilled building trades personnel, and other job
1448	categories.
1449	(b)  Each county and each eligible municipality is
1450	encouraged to develop a strategy within its local housing
1451	assistance plan that emphasizes the recruitment and retention of
1452	essential service personnel. The local government is encouraged
1453	to involve public and private sector employers. Compliance with
1454	the eligibility criteria established under this strategy shall
1455	be verified by the county or eligible municipality.
1456	(c)  Each county and each eligible municipality is
1457	encouraged to develop a strategy within its local housing
1458	assistance plan that addresses the needs of persons who are
1459	deprived of affordable housing due to the closure of a mobile
1460	home park or the conversion of affordable rental units to
1461	condominiums.
1462	(5)(4)  The following criteria apply to awards made to
1463	eligible sponsors or eligible persons for the purpose of
1464	providing eligible housing:
1465	(c)  The sales price or value of new or existing eligible
1466	housing may not exceed 90 percent of the average area purchase
1467	price in the statistical area in which the eligible housing is
1468	located. Such average area purchase price may be that calculated
1469	for any 12-month period beginning not earlier than the fourth
1470	calendar year prior to the year in which the award occurs or as
1471	otherwise established by the United States Department of the
1472	Treasury.
1473
1474	If both an award under the local housing assistance plan and
1475	federal low-income housing tax credits are used to assist a
1476	project and there is a conflict between the criteria prescribed
1477	in this subsection and the requirements of s. 42 of the Internal
1478	Revenue Code of 1986, as amended, the county or eligible
1479	municipality may resolve the conflict by giving precedence to
1480	the requirements of s. 42 of the Internal Revenue Code of 1986,
1481	as amended, in lieu of following the criteria prescribed in this
1482	subsection with the exception of paragraphs (a) and (d) of this
1483	subsection.
1484	Section 24.  Subsection (6) of section 420.9076, Florida
1485	Statutes, is amended to read:
1486	420.9076  Adoption of affordable housing incentive
1487	strategies; committees.--
1488	(6)  Within 90 days after the date of receipt of the local
1489	housing incentive strategies recommendations from the advisory
1490	committee, the governing body of the appointing local government
1491	shall adopt an amendment to its local housing assistance plan to
1492	incorporate the local housing incentive strategies it will
1493	implement within its jurisdiction. The amendment must include,
1494	at a minimum, the local housing incentive strategies specified
1495	as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
1496	Section 25.  Subsection (2) of section 420.9079, Florida
1497	Statutes, is amended to read:
1498	420.9079  Local Government Housing Trust Fund.--
1499	(2)  The corporation shall administer the fund exclusively
1500	for the purpose of implementing the programs described in ss.
1501	420.907-420.9078 and this section. With the exception of
1502	monitoring the activities of counties and eligible
1503	municipalities to determine local compliance with program
1504	requirements, the corporation shall not receive appropriations
1505	from the fund for administrative or personnel costs. For the
1506	purpose of implementing the compliance monitoring provisions of
1507	s. 420.9075(9)(8), the corporation may request a maximum of one-
1508	quarter of 1 percent of the annual appropriation $200,000 per
1509	state fiscal year. When such funding is appropriated, the
1510	corporation shall deduct the amount appropriated prior to
1511	calculating the local housing distribution pursuant to ss.
1512	420.9072 and 420.9073.
1513	Section 26.  Subsection (12) of section 1001.43, Florida
1514	Statutes, is renumbered as subsection (13), and a new subsection
1515	(12) is added to that section, to read:
1516	1001.43  Supplemental powers and duties of district school
1517	board.--The district school board may exercise the following
1518	supplemental powers and duties as authorized by this code or
1519	State Board of Education rule.
1520	(12)  AFFORDABLE HOUSING.--A district school board may use
1521	portions of school sites purchased within the guidelines of the
1522	State Requirements for Educational Facilities, land deemed not
1523	usable for educational purposes because of location or other
1524	factors, or land declared as surplus by the board to provide
1525	sites for affordable housing for teachers and other district
1526	personnel independently or in conjunction with other agencies as
1527	described in subsection (5).
1528	Section 27.  Community Workforce Housing Innovation Pilot
1529	Program.--
1530	(1)  The Legislature finds and declares that recent rapid
1531	increases in the median purchase price of a home and the cost of
1532	rental housing have far outstripped the increases in median
1533	income in the state, preventing essential services personnel
1534	from living in the communities where they serve and thereby
1535	creating the need for innovative solutions for the provision of
1536	housing opportunities for essential services personnel.
1537	(2)  The Community Workforce Housing Innovation Pilot
1538	Program is created to provide affordable rental and home
1539	ownership community workforce housing for essential services
1540	personnel affected by the high cost of housing, using regulatory
1541	incentives and state and local funds to promote local public-
1542	private partnerships and leverage government and private
1543	resources.
1544	(3)  For purposes of this section, the following
1545	definitions apply:
1546	(a)  "Workforce housing" means housing affordable to
1547	natural persons or families whose total annual household income
1548	does not exceed 140 percent of the area median income, adjusted
1549	for household size, or 150 percent of area median income,
1550	adjusted for household size, in areas of critical state concern
1551	designated under s. 380.05, Florida Statutes, for which the
1552	Legislature has declared its intent to provide affordable
1553	housing, and areas that were designated as areas of critical
1554	state concern for at least 20 consecutive years prior to removal
1555	of the designation.
1556	(b)  "Essential services personnel" means persons in need
1557	of affordable housing who are employed in occupations or
1558	professions in which they are considered essential services
1559	personnel, as defined by each county and eligible municipality
1560	within its respective local housing assistance plan pursuant to
1561	s. 420.9075(3)(a), Florida Statutes.
1562	(c)  "Public-private partnership" means any form of
1563	business entity that includes substantial involvement of at
1564	least one county, one municipality, or one public sector entity,
1565	such as a school district or other unit of local government in
1566	which the project is to be located, and at least one private
1567	sector for-profit or not-for-profit business or charitable
1568	entity, and may be any form of business entity, including a
1569	joint venture or contractual agreement.
1570	(4)  The Florida Housing Finance Corporation is authorized
1571	to provide Community Workforce Housing Innovation Pilot Program
1572	loans to an applicant for construction or rehabilitation of
1573	workforce housing in eligible areas. The corporation shall
1574	establish a funding process and selection criteria by rule or
1575	request for proposals. This funding is intended to be used with
1576	other public and private sector resources.
1577	(5)  The corporation shall provide incentives for local
1578	governments in eligible areas to use local affordable housing
1579	funds, such as those from the State Housing Initiatives
1580	Partnership Program, to assist in meeting the affordable housing
1581	needs of persons eligible under this program.
1582	(6)  Funding shall be targeted to projects in areas where
1583	the disparity between the area median income and the median
1584	sales price for a single-family home is greatest, and for
1585	projects in areas where population growth as a percentage rate
1586	of increase is greatest. The corporation may also fund projects
1587	in areas where innovative regulatory and financial incentives
1588	are made available. The corporation shall fund at least one
1589	eligible project in as many counties as possible.
1590	(7)  Projects shall receive priority consideration for
1591	funding where:
1592	(a)  The local jurisdiction adopts appropriate regulatory
1593	incentives, local contributions or financial strategies, or
1594	other funding sources to promote the development and ongoing
1595	financial viability of such projects. Local incentives include
1596	such actions as expediting review of development orders and
1597	permits, supporting development near transportation hubs and
1598	major employment centers, and adopting land development
1599	regulations designed to allow flexibility in densities, use of
1600	accessory units, mixed-use developments, and flexible lot
1601	configurations. Financial strategies include such actions as
1602	promoting employer-assisted housing programs, providing tax
1603	increment financing, and providing land.
1604	(b)  Projects are innovative and include new construction
1605	or rehabilitation, mixed-income housing, or commercial and
1606	housing mixed-use elements and those that promote homeownership.
1607	The program funding shall not exceed the costs attributable to
1608	the portion of the project that is set aside to provide housing
1609	for the targeted population.
1610	(c)  Projects that set aside at least 80 percent of units
1611	for workforce housing and at least 50 percent for essential
1612	services personnel and for projects that require the least
1613	amount of program funding compared to the overall housing costs
1614	for the project.
1615	(8)  Notwithstanding the provisions of s. 163.3184(3)-(6),
1616	Florida Statutes, any local government comprehensive plan
1617	amendment to implement a Community Workforce Housing Innovation
1618	Pilot Program project found consistent with the provisions of
1619	this section shall be expedited as provided in this subsection.
1620	At least 30 days prior to adopting a plan amendment pursuant to
1621	this paragraph, the local government shall notify the state land
1622	planning agency of its intent to adopt such an amendment, and
1623	the notice shall include its evaluation related to site
1624	suitability and availability of facilities and services. The
1625	public notice of the hearing required by s. 163.3184(15)(e),
1626	Florida Statutes, shall include a statement that the local
1627	government intends to utilize the expedited adoption process
1628	authorized by this subsection. Such amendments shall require
1629	only a single public hearing before the governing board, which
1630	shall be an adoption hearing as described in s. 163.3184(7),
1631	Florida Statutes, and the state land planning agency shall issue
1632	its notice of intent pursuant to s. 163.3184(8), Florida
1633	Statutes, within 30 days after determining that the amendment
1634	package is complete.
1635	(9)  The corporation shall award loans with interest rates
1636	set at 1 to 3 percent, which may be made forgivable when long-
1637	term affordability is provided and when at least 80 percent of
1638	the units are set aside for workforce housing and at least 50
1639	percent of the units are set aside for essential services
1640	personnel.
1641	(10)  All eligible applications shall:
1642	(a)  For home ownership, limit the sales price of a
1643	detached unit, townhome, or condominium unit to not more than 80
1644	percent of the median sales price for that type of unit in that
1645	county, or the statewide median sales price for that type of
1646	unit, whichever is higher, and require that all eligible
1647	purchasers of home ownership units occupy the homes as their
1648	primary residence.
1649	(b)  For rental units, restrict rents for all workforce
1650	housing serving those with incomes at or below 120 percent of
1651	area median income at the appropriate income level using the
1652	restricted rents for the federal low-income housing tax credit
1653	program and, for workforce housing units serving those with
1654	incomes above 120 percent of area median income, restrict rents
1655	to those established by the corporation, not to exceed 30
1656	percent of the maximum household income adjusted to unit size.
1657	(c)  Demonstrate that the applicant is a public-private
1658	partnership.
1659	(d)  Have grants, donations of land, or contributions from
1660	the public-private partnership or other sources collectively
1661	totaling at least 15 percent of the total development cost. Such
1662	grants, donations of land, or contributions must be evidenced by
1663	a letter of commitment only at the time of application. Grants,
1664	donations of land, or contributions in excess of 15 percent of
1665	the development cost shall increase the application score.
1666	(e)  Demonstrate how the applicant will use the regulatory
1667	incentives and financial strategies outlined in paragraph (7)(a)
1668	from the local jurisdiction in which the proposed project is to
1669	be located. The corporation may consult with the Department of
1670	Community Affairs in evaluating the use of regulatory incentives
1671	by applicants.
1672	(f)  Demonstrate that the applicant possesses title to or
1673	site control of land and evidences availability of required
1674	infrastructure.
1675	(g)  Demonstrate the applicant's affordable housing
1676	development and management experience.
1677	(h)  Provide any research or facts available supporting the
1678	demand and need for rental or home ownership workforce housing
1679	for eligible persons in the market in which the project is
1680	proposed.
1681	(11)  Projects may include manufactured housing constructed
1682	after June 1994 and installed in accordance with mobile home
1683	installation standards of the Department of Highway Safety and
1684	Motor Vehicles.
1685	(12)  The corporation may adopt rules pursuant to ss.
1686	120.536(1) and 120.54, Florida Statutes, to implement the
1687	provisions of this section.
1688	(13)  The corporation may use a maximum of 2 percent of the
1689	annual appropriation for administration and compliance
1690	monitoring.
1691	(14)  The corporation shall review the success of the
1692	Community Workforce Housing Innovation Pilot Program to
1693	ascertain whether the projects financed by the program are
1694	useful in meeting the housing needs of eligible areas. The
1695	corporation shall submit its report and any recommendations
1696	regarding the program to the Governor, the Speaker of the House
1697	of Representatives, and the President of the Senate not later
1698	than 2 months after the end of the corporation's fiscal year.
1699	Section 28.  Affordable housing land donation density bonus
1700	incentives.--
1701	(1)  A local government may provide density bonus
1702	incentives pursuant to the provisions of this section to any
1703	landowner who voluntarily donates fee simple interest in real
1704	property to the local government for the purpose of assisting
1705	the local government in providing affordable housing. Donated
1706	real property must be determined by the local government to be
1707	appropriate for use as affordable housing and must be subject to
1708	deed restrictions to ensure that the property will be used for
1709	affordable housing.
1710	(2)  For purposes of this section, the terms "affordable,"
1711	"extremely-low-income persons," "low-income persons," "moderate-
1712	income persons," and "very-low-income persons," have the same
1713	meaning as in s. 420.0004, Florida Statutes.
1714	(3)  The density bonus may be applied to any land within
1715	the local government's jurisdiction provided that residential
1716	use is an allowable use on the receiving land.
1717	(4)  The density bonus, identification of receiving land
1718	for the bonus, and any other conditions associated with the
1719	donation of the land for affordable housing are the subject of
1720	review and approval by the local government. The award of
1721	density bonus pursuant to this section, the legal description of
1722	the land receiving the bonus, and any other conditions
1723	associated with the bonus shall be memorialized in a development
1724	agreement or other binding agreement and recorded with the clerk
1725	of court in the county where the donated land and receiving land
1726	are located.
1727	(5)  The local government, as part of the approval process,
1728	shall adopt a comprehensive plan amendment, pursuant to part II
1729	of chapter 163, Florida Statutes, for the receiving land that
1730	incorporates the density bonus. Such amendment shall be adopted
1731	in the manner as required for small-scale amendments pursuant to
1732	s. 163.3187, Florida Statutes, is not subject to the
1733	requirements of s. 163.3184(3)-(6), Florida Statutes, and is
1734	exempt from the limitation on the frequency of plan amendments
1735	as provided in s. 163.3187, Florida Statutes.
1736	(6)  The deed restrictions required pursuant to subsection
1737	(1) for an affordable housing unit must also prohibit the unit
1738	from being sold at a price that exceeds the threshold for
1739	housing that is affordable for low-income or moderate-income
1740	persons or to a buyer who is not eligible due to his or her
1741	income under chapter 420, Florida Statutes. The deed restriction
1742	may allow affordable housing units created under subsection (1)
1743	to be rented to extremely-low-income, very-low-income, low-
1744	income, or moderate-income persons.
1745	(7)  The local government may transfer all or a portion of
1746	the donated land to a nonprofit housing organization, such as a
1747	community land trust, housing authority, or community
1748	redevelopment agency, to be used for the production and
1749	preservation of permanently affordable housing.
1750	Section 29.  Section 196.1978, Florida Statutes, is amended
1751	to read:
1752	196.1978  Affordable housing property exemption.--Property
1753	used to provide affordable housing serving eligible persons as
1754	defined by s. 159.603(7) and persons meeting income limits
1755	specified in s. 420.0004(8) s. 420.0004(9), (10), (11), and (15)
1756	(14), which property is owned entirely by a nonprofit entity
1757	which is qualified as charitable under s. 501(c)(3) of the
1758	Internal Revenue Code and which complies with Rev. Proc. 96-32,
1759	1996-1 C.B. 717, shall be considered property owned by an exempt
1760	entity and used for a charitable purpose, and those portions of
1761	the affordable housing property which provide housing to
1762	individuals with incomes as defined in s. 420.0004(10)(9) and
1763	(15)(14) shall be exempt from ad valorem taxation to the extent
1764	authorized in s. 196.196. All property identified in this
1765	section shall comply with the criteria for determination of
1766	exempt status to be applied by property appraisers on an annual
1767	basis as defined in s. 196.195. The Legislature intends that any
1768	property owned by a limited liability company which is
1769	disregarded as an entity for federal income tax purposes
1770	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
1771	treated as owned by its sole member.
1772	Section 30.  Paragraph (o) of subsection (5) of section
1773	212.08, Florida Statutes, is amended to read:
1774	212.08  Sales, rental, use, consumption, distribution, and
1775	storage tax; specified exemptions.--The sale at retail, the
1776	rental, the use, the consumption, the distribution, and the
1777	storage to be used or consumed in this state of the following
1778	are hereby specifically exempt from the tax imposed by this
1779	chapter.
1780	(5)  EXEMPTIONS; ACCOUNT OF USE.--
1781	(o)  Building materials in redevelopment projects.--
1782	1.  As used in this paragraph, the term:
1783	a.  "Building materials" means tangible personal property
1784	that becomes a component part of a housing project or a mixed-
1785	use project.
1786	b.  "Housing project" means the conversion of an existing
1787	manufacturing or industrial building to housing units in an
1788	urban high-crime area, enterprise zone, empowerment zone, Front
1789	Porch Community, designated brownfield area, or urban infill
1790	area and in which the developer agrees to set aside at least 20
1791	percent of the housing units in the project for low-income and
1792	moderate-income persons or the construction in a designated
1793	brownfield area of affordable housing for persons described in
1794	s. 420.0004(8), (10), (11), or (15) s. 420.0004(9), (10), or
1795	(14), or in s. 159.603(7).
1796	c.  "Mixed-use project" means the conversion of an existing
1797	manufacturing or industrial building to mixed-use units that
1798	include artists' studios, art and entertainment services, or
1799	other compatible uses. A mixed-use project must be located in an
1800	urban high-crime area, enterprise zone, empowerment zone, Front
1801	Porch Community, designated brownfield area, or urban infill
1802	area, and the developer must agree to set aside at least 20
1803	percent of the square footage of the project for low-income and
1804	moderate-income housing.
1805	d.  "Substantially completed" has the same meaning as
1806	provided in s. 192.042(1).
1807	2.  Building materials used in the construction of a
1808	housing project or mixed-use project are exempt from the tax
1809	imposed by this chapter upon an affirmative showing to the
1810	satisfaction of the department that the requirements of this
1811	paragraph have been met. This exemption inures to the owner
1812	through a refund of previously paid taxes. To receive this
1813	refund, the owner must file an application under oath with the
1814	department which includes:
1815	a.  The name and address of the owner.
1816	b.  The address and assessment roll parcel number of the
1817	project for which a refund is sought.
1818	c.  A copy of the building permit issued for the project.
1819	d.  A certification by the local building code inspector
1820	that the project is substantially completed.
1821	e.  A sworn statement, under penalty of perjury, from the
1822	general contractor licensed in this state with whom the owner
1823	contracted to construct the project, which statement lists the
1824	building materials used in the construction of the project and
1825	the actual cost thereof, and the amount of sales tax paid on
1826	these materials. If a general contractor was not used, the owner
1827	shall provide this information in a sworn statement, under
1828	penalty of perjury. Copies of invoices evidencing payment of
1829	sales tax must be attached to the sworn statement.
1830	3.  An application for a refund under this paragraph must
1831	be submitted to the department within 6 months after the date
1832	the project is deemed to be substantially completed by the local
1833	building code inspector. Within 30 working days after receipt of
1834	the application, the department shall determine if it meets the
1835	requirements of this paragraph. A refund approved pursuant to
1836	this paragraph shall be made within 30 days after formal
1837	approval of the application by the department. The provisions of
1838	s. 212.095 do not apply to any refund application made under
1839	this paragraph.
1840	4.  The department shall establish by rule an application
1841	form and criteria for establishing eligibility for exemption
1842	under this paragraph.
1843	5.  The exemption shall apply to purchases of materials on
1844	or after July 1, 2000.
1845	Section 31.  The Florida Housing Finance Corporation is
1846	authorized to provide funds to eligible entities for affordable
1847	housing recovery in those areas of the state which sustained
1848	housing damage due to hurricanes during 2004 and 2005. The
1849	Florida Housing Finance Corporation shall utilize data provided
1850	by the Federal Emergency Management Agency to assist in its
1851	allocation of funds to local jurisdictions. To administer these
1852	programs, the Florida Housing Finance Corporation shall be
1853	guided by the "Hurricane Housing Work Group Recommendations to
1854	Assist in Florida's Long Term Housing Recovery Efforts" report
1855	dated February 16, 2005, and may adopt emergency rules pursuant
1856	to s. 120.54, Florida Statutes. The Legislature finds that
1857	emergency rules adopted pursuant to this section meet the
1858	health, safety, and welfare requirement of s. 120.54(4), Florida
1859	Statutes. The Legislature finds that such emergency rulemaking
1860	power is necessary for the preservation of the rights and
1861	welfare of the people in order to provide additional funds to
1862	assist those areas of the state that sustained housing damage
1863	due to hurricanes during 2004 and 2005. Therefore, in adopting
1864	such emergency rules, the corporation need not make the findings
1865	required by s. 120.54(4)(a), Florida Statutes. Emergency rules
1866	adopted under this section are exempt from s. 120.54(4)(c),
1867	Florida Statutes. The sum of $75.9 million is appropriated from
1868	the Local Government Housing Trust Fund to the Florida Housing
1869	Finance Corporation for the Rental Recovery Loan Program. The
1870	sum of $15 million is appropriated from the State Housing Trust
1871	Fund to the Florida Housing Finance Corporation for the
1872	Farmworker Housing Recovery Program and the Special Housing
1873	Assistance and Development Program, and the sum of $17 million
1874	is appropriated from the State Housing Trust Fund to the Florida
1875	Housing Finance Corporation for the Rental Recovery Program. The
1876	sum of $100,000 is appropriated from the State Housing Trust
1877	Fund to the Florida Housing Finance Corporation for technical
1878	and training assistance.
1879	Section 32.  The sum of $82,904,000 is appropriated from
1880	the Florida Small Cities Community Development Block Grant
1881	Program Fund to the Department of Community Affairs. These funds
1882	shall be used consistent with the Federal Register, Vol. 71, No.
1883	29, February 13, 2006, Docket No. FR-5051-N-01, and the Action
1884	Plan for Disaster Recovery approved by the United States
1885	Department of Housing and Urban Development to meet the needs of
1886	communities impacted by Hurricanes Wilma and Katrina, with a
1887	prioritization toward affordable housing in the most impacted
1888	areas of the state.
1889	Section 33.  The sum of $50 million is appropriated from
1890	the Local Government Housing Trust Fund to the Florida Housing
1891	Finance Corporation for fiscal year 2006-2007 to implement the
1892	Community Workforce Housing Innovation Pilot Program.
1893	Section 34.  The sum of $30 million is appropriated from
1894	the State Housing Trust Fund to the Florida Housing Finance
1895	Corporation for fiscal year 2006-2007 to assist in the
1896	production of housing units for extremely-low-income persons as
1897	defined in s. 420.0004(8), Florida Statutes.
1898	Section 35.  The sum of $250,000 of recurring funds and
1899	$300,000 of nonrecurring funds is appropriated from the Grants
1900	and Donations Trust Fund to the Department of Community Affairs
1901	for the purpose of implementing the provisions of this act
1902	relating to the Century Commission for a Sustainable Florida
1903	during the 2006-2007 fiscal year.
1904	Section 36.  Except as otherwise expressly provided in this
1905	act, this act shall take effect July 1, 2006.

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