HB 1363

1
A bill to be entitled
2An act relating to affordable housing; creating s.
3125.379, F.S.; providing for disposition of county
4property for affordable housing; amending s. 163.31771,
5F.S., relating to accessory dwelling units; revising
6legislative findings and definitions; conforming cross-
7references; amending s. 163.3187, F.S.; revising a
8limitation relating to small scale comprehensive plan
9amendments involving the construction of affordable
10housing units; creating s. 166.0451, F.S.; providing for
11disposition of municipal property for affordable housing;
12providing a statement of important state interest;
13amending s. 189.4155, F.S.; authorizing independent
14special districts to provide for housing and housing
15assistance; amending s. 191.006, F.S.; authorizing
16independent special fire control districts to provide
17employee housing and housing assistance; amending s.
18197.252, F.S.; decreasing the age and increasing the
19income threshold required for eligibility to defer ad
20valorem property taxes; decreasing the maximum interest
21rate that may be charged on deferred ad valorem taxes;
22amending s. 253.034, F.S.; providing for the disposition
23of state lands for affordable housing; amending s.
24253.0341, F.S.; authorizing local governments to request
25state lands be declared surplus for the purpose of
26affordable housing; providing for use of lands that are
27declared surplus; amending s. 295.16, F.S.; expanding the
28disabled veteran exemption from certain license and permit
29fees relating to dwelling improvements; amending s.
30380.06, F.S.; providing a greater substantial deviation
31threshold for the provision of affordable housing in a
32development of regional impact; conforming cross-
33references; amending s. 380.0651, F.S.; providing a
34statewide guidelines and standards bonus for the provision
35of workforce housing; amending s. 420.0004, F.S.; defining
36the term "extremely-low-income persons"; conforming cross-
37references; amending s. 420.503, F.S.; revising the
38definition of the term "farmworker" under the Florida
39Housing Finance Corporation Act; providing rulemaking
40authority; amending s. 420.5061, F.S.; conforming a cross-
41reference; amending s. 420.507, F.S.; revising and
42expanding the powers of the Florida Housing Finance
43Corporation relating to mortgage loan interest rates,
44loans, loan relief, uses of loan funds, subsidiary
45business entities, and data reporting; providing
46rulemaking authority; amending s. 420.5087, F.S.;
47increasing the population criteria for the State Apartment
48Incentive Loan Program; revising criteria for loans;
49conforming cross-references; amending s. 420.5088, F.S.;
50expanding the scope of the Florida Homeownership
51Assistance Program; revising loan requirements; deleting a
52provision reserving program funds for certain borrowers;
53repealing ss. 420.37 and 420.530, F.S., relating to the
54State Farm Worker Housing Pilot Loan Program; amending s.
55420.9071, F.S.; conforming a cross-reference; amending s.
56420.9072, F.S.; conforming cross-references; amending s.
57420.9075, F.S.; requiring local housing assistance plans
58to define essential service personnel for the county or
59eligible municipality and to contain a strategy for the
60recruitment and retention of such personnel; amending s.
61420.9076, F.S.; conforming a cross-reference; amending s.
62420.9079, F.S.; revising the maximum appropriation the
63Florida Housing Finance Corporation may request each state
64fiscal year; conforming a cross-reference; amending s.
651001.43, F.S.; authorizing district school boards to
66provide affordable housing for teachers and other district
67personnel; creating the Community Workforce Housing
68Innovation Pilot Program; provides legislative findings;
69providing definitions; providing the Florida Housing
70Finance Corporation with certain powers and
71responsibilities relating to the program; requiring the
72program to target certain entities; providing application
73requirements; providing incentives for program applicants;
74providing rulemaking authority; requires a report to the
75Governor and Legislature; authorizing local governments to
76provide density bonus incentives to landowners who donate
77fee simple interest in real property to the local
78government for the purpose of assisting the local
79government in providing affordable housing; providing
80definitions and requirements governing such donations and
81density bonuses; amending s. 196.1978, F.S., correcting
82cross-references; amending s. 212.08, F.S.; correcting
83cross-references; authorizing the corporation to provide
84funds for eligible entities for affordable housing
85recovery in those counties that were declared eligible for
86disaster funding after the hurricanes of 2004 and 2005 and
87that sustained housing damage due to those storms;
88authorizing the corporation to adopt emergency rules;
89providing an appropriation to the Florida Housing Finance
90Corporation to provide housing units for extremely-low-
91income persons; providing an appropriation to the Florida
92Housing Finance Corporation to implement the Community
93Workforce Housing Innovation Pilot Program; providing an
94appropriation to the Florida Housing Finance Corporation
95for hurricane housing recovery; providing an appropriation
96to the Department of Community Affairs for the Century
97Commission for a Sustainable Florida; providing effective
98dates.
99
100Be It Enacted by the Legislature of the State of Florida:
101
102     Section 1.  Section 125.379, Florida Statutes, is created
103to read:
104     125.379  Disposition of county property for affordable
105housing.--
106     (1)  By July 1, 2007, and every 3 years thereafter, each
107county shall prepare an inventory list of all real property
108within its jurisdiction to which the county holds fee simple
109title that is appropriate for use as affordable housing. The
110inventory list must include the address and legal description of
111each such real property and specify whether the property is
112vacant or improved. The governing body of the county must review
113the inventory list at a public hearing and may revise it at the
114conclusion of the public hearing. The governing body of the
115county shall adopt a resolution that includes an inventory list
116of such property following the public hearing.
117     (2)  The properties identified as appropriate for use as
118affordable housing on the inventory list adopted by the county
119may be offered for sale and the proceeds used to purchase land
120for the development of affordable housing or to increase the
121local government fund earmarked for affordable housing, or may
122be sold with a restriction that requires the development of the
123property as permanent affordable housing, or may be donated to a
124nonprofit housing organization for the construction of permanent
125affordable housing. Alternatively, the county may otherwise make
126the property available for use for the production and
127preservation of permanent affordable housing. For purposes of
128this section, the term "affordable" has the same meaning as in
129s. 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,
132Florida Statutes, are amended, and paragraph (g) is added to
133subsection (2) of that section, to read:
134     163.31771  Accessory dwelling units.--
135     (1)  The Legislature finds that the median price of homes
136in this state has increased steadily over the last decade and at
137a greater rate of increase than the median income in many urban
138areas. The Legislature finds that the cost of rental housing has
139also increased steadily and the cost often exceeds an amount
140that is affordable to extremely-low-income, very-low-income,
141low-income, or moderate-income persons and has resulted in a
142critical shortage of affordable rentals in many urban areas in
143the state. This shortage of affordable rentals constitutes a
144threat to the health, safety, and welfare of the residents of
145the state. Therefore, the Legislature finds that it serves an
146important public purpose to encourage the permitting of
147accessory dwelling units in single-family residential areas in
148order to increase the availability of affordable rentals for
149extremely-low-income, very-low-income, low-income, or moderate-
150income persons.
151     (2)  As used in this section, the term:
152     (b)  "Affordable rental" means that monthly rent and
153utilities do not exceed 30 percent of that amount which
154represents the percentage of the median adjusted gross annual
155income for extremely-low-income, very-low-income, low-income, or
156moderate-income persons.
157     (d)  "Low-income persons" has the same meaning as in s.
158420.0004(10)(9).
159     (e)  "Moderate-income persons" has the same meaning as in
160s. 420.0004(11)(10).
161     (f)  "Very-low-income persons" has the same meaning as in
162s. 420.0004(15)(14).
163     (g)  "Extremely-low-income persons" has the same meaning as
164in s. 420.0004(8).
165     (4)  If the local government adopts an ordinance under this
166section, an application for a building permit to construct an
167accessory dwelling unit must include an affidavit from the
168applicant which attests that the unit will be rented at an
169affordable rate to an extremely-low-income, a very-low-income,
170low-income, or moderate-income person or persons.
171     Section 3.  Paragraph (c) of subsection (1) of section
172163.3187, Florida Statutes, is amended to read:
173     163.3187  Amendment of adopted comprehensive plan.--
174     (1)  Amendments to comprehensive plans adopted pursuant to
175this part may be made not more than two times during any
176calendar year, except:
177     (c)  Any local government comprehensive plan amendments
178directly related to proposed small scale development activities
179may be approved without regard to statutory limits on the
180frequency of consideration of amendments to the local
181comprehensive plan. A small scale development amendment may be
182adopted only under the following conditions:
183     1.  The proposed amendment involves a use of 10 acres or
184fewer and:
185     a.  The cumulative annual effect of the acreage for all
186small scale development amendments adopted by the local
187government shall not exceed:
188     (I)  A maximum of 120 acres in a local government that
189contains areas specifically designated in the local
190comprehensive plan for urban infill, urban redevelopment, or
191downtown revitalization as defined in s. 163.3164, urban infill
192and redevelopment areas designated under s. 163.2517,
193transportation concurrency exception areas approved pursuant to
194s. 163.3180(5), or regional activity centers and urban central
195business districts approved pursuant to s. 380.06(2)(e);
196however, amendments under this paragraph may be applied to no
197more than 60 acres annually of property outside the designated
198areas listed in this sub-sub-subparagraph. Amendments adopted
199pursuant to paragraph (k) shall not be counted toward the
200acreage limitations for small scale amendments under this
201paragraph.
202     (II)  A maximum of 80 acres in a local government that does
203not contain any of the designated areas set forth in sub-sub-
204subparagraph (I).
205     (III)  A maximum of 120 acres in a county established
206pursuant to s. 9, Art. VIII of the State Constitution.
207     b.  The proposed amendment does not involve the same
208property granted a change within the prior 12 months.
209     c.  The proposed amendment does not involve the same
210owner's property within 200 feet of property granted a change
211within the prior 12 months.
212     d.  The proposed amendment does not involve a text change
213to the goals, policies, and objectives of the local government's
214comprehensive plan, but only proposes a land use change to the
215future land use map for a site-specific small scale development
216activity.
217     e.  The property that is the subject of the proposed
218amendment is not located within an area of critical state
219concern, unless the project subject to the proposed amendment
220involves the construction of affordable housing units meeting
221the criteria of s. 420.0004(3), and is located within an area of
222critical state concern designated by s. 380.0552 or by the
223Administration Commission pursuant to s. 380.05(1). Such
224amendment is not subject to the density limitations of sub-
225subparagraph f., and shall be reviewed by the state land
226planning agency for consistency with the principles for guiding
227development applicable to the area of critical state concern
228where the amendment is located and shall not become effective
229until a final order is issued under s. 380.05(6).
230     f.  If the proposed amendment involves a residential land
231use, the residential land use has a density of 10 units or less
232per acre or the proposed future land use category allows a
233maximum residential density of the same or less than the maximum
234residential density allowable under the existing future land use
235category, except that this limitation does not apply to small
236scale amendments involving the construction of affordable
237housing units meeting the criteria of s. 420.0004(3) on property
238which will be the subject of a land use restriction agreement or
239extended use agreement recorded in conjunction with the issuance
240of tax exempt bond financing or an allocation of federal tax
241credits issued through the Florida Housing Finance Corporation
242or a local housing finance authority authorized by the Division
243of Bond Finance of the State Board of Administration, or small
244scale amendments described in sub-sub-subparagraph a.(I) that
245are designated in the local comprehensive plan for urban infill,
246urban redevelopment, or downtown revitalization as defined in s.
247163.3164, urban infill and redevelopment areas designated under
248s. 163.2517, transportation concurrency exception areas approved
249pursuant to s. 163.3180(5), or regional activity centers and
250urban central business districts approved pursuant to s.
251380.06(2)(e).
252     2.a.  A local government that proposes to consider a plan
253amendment pursuant to this paragraph is not required to comply
254with the procedures and public notice requirements of s.
255163.3184(15)(c) for such plan amendments if the local government
256complies with the provisions in s. 125.66(4)(a) for a county or
257in s. 166.041(3)(c) for a municipality. If a request for a plan
258amendment under this paragraph is initiated by other than the
259local government, public notice is required.
260     b.  The local government shall send copies of the notice
261and amendment to the state land planning agency, the regional
262planning council, and any other person or entity requesting a
263copy. This information shall also include a statement
264identifying any property subject to the amendment that is
265located within a coastal high-hazard area as identified in the
266local comprehensive plan.
267     3.  Small scale development amendments adopted pursuant to
268this paragraph require only one public hearing before the
269governing board, which shall be an adoption hearing as described
270in s. 163.3184(7), and are not subject to the requirements of s.
271163.3184(3)-(6) unless the local government elects to have them
272subject to those requirements.
273     4.  If the small scale development amendment involves a
274site within an area that is designated by the Governor as a
275rural area of critical economic concern under s. 288.0656(7) for
276the duration of such designation, the 10-acre limit listed in
277subparagraph 1. shall be increased by 100 percent to 20 acres.
278The local government approving the small scale plan amendment
279shall certify to the Office of Tourism, Trade, and Economic
280Development that the plan amendment furthers the economic
281objectives set forth in the executive order issued under s.
282288.0656(7), and the property subject to the plan amendment
283shall undergo public review to ensure that all concurrency
284requirements and federal, state, and local environmental permit
285requirements are met.
286     Section 4.  Section 166.0451, Florida Statutes, is created
287to read:
288     166.0451  Disposition of municipal property for affordable
289housing.--
290     (1)  By July 1, 2007, and every 3 years thereafter, each
291municipality shall prepare an inventory list of all real
292property within its jurisdiction to which the municipality holds
293fee simple title that is appropriate for use as affordable
294housing. The inventory list must include the address and legal
295description of each such property and specify whether the
296property is vacant or improved. The governing body of the
297municipality must review the inventory list at a public hearing
298and may revise it at the conclusion of the public hearing.
299Following the public hearing, the governing body of the
300municipality shall adopt a resolution that includes an inventory
301list of such property.
302     (2)  The properties identified as appropriate for use as
303affordable housing on the inventory list adopted by the
304municipality may be offered for sale and the proceeds may be
305used to purchase land for the development of affordable housing
306or to increase the local government fund earmarked for
307affordable housing, or may be sold with a restriction that
308requires the development of the property as permanent affordable
309housing, or may be donated to a nonprofit housing organization
310for the construction of permanent affordable housing.
311Alternatively, the municipality may otherwise make the property
312available for use for the production and preservation of
313permanent affordable housing. For purposes of this section, the
314term "affordable" has the same meaning as in s. 420.0004(3).
315     Section 5.  The Legislature finds that providing
316affordable housing is vitally important to the health, safety,
317and welfare of the residents of this state. Furthermore, the
318Legislature finds that escalating property values and
319development costs have contributed to the inadequate supply of
320housing for low- and moderate-income residents of this state.
321The Legislature further finds that there is a shortage of sites
322available for housing for persons and families with low and
323moderate incomes and that surplus government land, when
324appropriate, should be made available for that purpose.
325Therefore, the Legislature determines and declares that this act
326fulfills an important state interest.
327     Section 6.  Subsection (6) is added to section 189.4155,
328Florida Statutes, to read:
329     189.4155  Activities of special districts; local government
330comprehensive planning.--
331     (6)  Any independent district created under a special act
332or general law, including, but not limited to, chapter 189,
333chapter 190, chapter 191, or chapter 298, for the purpose of
334providing urban infrastructure of services may provide housing
335and housing assistance for its employed personnel whose total
336annual household income does not exceed 140 percent of the area
337median income, adjusted for family size.
338     Section 7.  Subsection (19) is added to section 191.006,
339Florida Statutes, to read:
340     191.006  General powers.--The district shall have, and the
341board may exercise by majority vote, the following powers:
342     (19)  To provide housing or housing assistance for its
343employed personnel whose total annual household income does not
344exceed 140 percent of the area median income, adjusted for
345family 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
351increased exemption by reason of age and residency as provided
352in s. 196.031(3)(a), approval of the such application shall
353defer that portion of the such ad valorem taxes plus non-ad
354valorem assessments which exceeds 3 percent of the applicant's
355household household's income for the prior calendar year.  If
356any such applicant's household income for the prior calendar
357year is less than $10,000, or is less than the amount of the
358household income designated for the additional homestead
359exemption pursuant to s. 196.075, and the $12,000 if such
360applicant is 65 70 years of age or older, approval of the such
361application shall defer the such ad valorem taxes plus non-ad
362valorem assessments in their entirety.
363     (4)  The amount of taxes, non-ad valorem assessments, and
364interest deferred under pursuant to this act shall accrue
365interest at a rate equal to the semiannually compounded rate of
366one-half of 1 percent plus the average yield to maturity of the
367long-term fixed-income portion of the Florida Retirement System
368investments as of the end of the quarter preceding the date of
369the sale of the deferred payment tax certificates; however, the
370interest rate may not exceed 7 9.5 percent.
371     Section 9.  Paragraph (f) of subsection (6) of section
372253.034, Florida Statutes, is amended to read:
373     253.034  State-owned lands; uses.--
374     (6)  The Board of Trustees of the Internal Improvement
375Trust Fund shall determine which lands, the title to which is
376vested in the board, may be surplused. For conservation lands,
377the board shall make a determination that the lands are no
378longer needed for conservation purposes and may dispose of them
379by an affirmative vote of at least three members. In the case of
380a land exchange involving the disposition of conservation lands,
381the board must determine by an affirmative vote of at least
382three members that the exchange will result in a net positive
383conservation benefit. For all other lands, the board shall make
384a determination that the lands are no longer needed and may
385dispose of them by an affirmative vote of at least three
386members.
387     (f)1.  In reviewing lands owned by the board, the council
388shall consider whether such lands would be more appropriately
389owned or managed by the county or other unit of local government
390in which the land is located. The council shall recommend to the
391board whether a sale, lease, or other conveyance to a local
392government would be in the best interests of the state and local
393government. The provisions of this paragraph in no way limit the
394provisions of ss. 253.111 and 253.115. Such lands shall be
395offered to the state, county, or local government for a period
396of 30 days. Permittable uses for such surplus lands may include
397public schools; public libraries; fire or law enforcement
398substations; and governmental, judicial, or recreational
399centers; and affordable housing meeting the criteria of s.
400420.0004(3). County or local government requests for surplus
401lands shall be expedited throughout the surplusing process. If
402the county or local government does not elect to purchase such
403lands in accordance with s. 253.111, then any surplusing
404determination involving other governmental agencies shall be
405made upon the board deciding the best public use of the lands.
406Surplus properties in which governmental agencies have expressed
407no interest shall then be available for sale on the private
408market.
409     2.  Notwithstanding subparagraph 1., any surplus lands that
410were acquired by the state prior to 1958 by a gift or other
411conveyance for no consideration from a municipality, and which
412the department has filed by July 1, 2006, a notice of its intent
413to surplus, shall be first offered for reconveyance to such
414municipality at no cost, but for the fair market value of any
415building or other improvements to the land, unless otherwise
416provided in a deed restriction of record. This subparagraph
417expires July 1, 2006.
418     Section 10.  Section 253.0341, Florida Statutes, is amended
419to read:
420     253.0341  Surplus of state-owned lands to counties or local
421governments.--Counties and local governments may submit
422surplusing requests for state-owned lands directly to the board
423of trustees. County or local government requests for the state
424to surplus conservation or nonconservation lands, whether for
425purchase or exchange, shall be expedited throughout the
426surplusing process. Property jointly acquired by the state and
427other entities shall not be surplused without the consent of all
428joint owners.
429     (1)  The decision to surplus state-owned nonconservation
430lands may be made by the board without a review of, or a
431recommendation on, the request from the Acquisition and
432Restoration Council or the Division of State Lands. Such
433requests for nonconservation lands shall be considered by the
434board within 60 days of the board's receipt of the request.
435     (2)  County or local government requests for the surplusing
436of state-owned conservation lands are subject to review of, and
437recommendation on, the request to the board by the Acquisition
438and Restoration Council. Requests to surplus conservation lands
439shall be considered by the board within 120 days of the board's
440receipt of the request.
441     (3)  A local government may request that state lands be
442specifically declared surplus lands for the purpose of providing
443affordable housing. The request shall comply with the
444requirements of subsection (1) if the lands are nonconservation
445lands or subsection (2) if the lands are conservation lands.
446Surplus lands that are conveyed to a local government for
447affordable housing shall be disposed of by the local government
448under the provisions of s. 125.379 or s. 166.0451.
449     Section 11.  Section 295.16, Florida Statutes, is amended
450to read:
451     295.16  Disabled veterans exempt from certain license or
452permit fee.--No totally and permanently disabled veteran who is
453a resident of Florida and honorably discharged from the Armed
454Forces, who has been issued a valid identification card by the
455Department of Veterans' Affairs in accordance with s. 295.17 or
456has been determined by the United States Department of Veterans
457Affairs or its predecessor to have a service-connected 100-
458percent disability rating for compensation, or who has been
459determined to have a service-connected disability rating of 100
460percent and is in receipt of disability retirement pay from any
461branch of the uniformed armed services, shall be required to pay
462any license or permit fee, by whatever name known, to any county
463or municipality in order to make improvements upon a dwelling
464mobile home owned by the veteran which is used as the veteran's
465residence, provided such improvements are limited to ramps,
466widening of doors, and similar improvements for the purpose of
467making the dwelling mobile home habitable for veterans confined
468to wheelchairs.
469     Section 12.  Paragraphs (b) and (e) of subsection (19) of
470section 380.06, Florida Statutes, are amended, and paragraph (i)
471is 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
475development of regional impact or development order condition
476which, either individually or cumulatively with other changes,
477exceeds any of the following criteria shall constitute a
478substantial deviation and shall cause the development to be
479subject to further development-of-regional-impact review without
480the necessity for a finding of same by the local government:
481     1.  An increase in the number of parking spaces at an
482attraction or recreational facility by 5 percent or 300 spaces,
483whichever is greater, or an increase in the number of spectators
484that may be accommodated at such a facility by 5 percent or
4851,000 spectators, whichever is greater.
486     2.  A new runway, a new terminal facility, a 25-percent
487lengthening of an existing runway, or a 25-percent increase in
488the number of gates of an existing terminal, but only if the
489increase adds at least three additional gates.
490     3.  An increase in the number of hospital beds by 5 percent
491or 60 beds, whichever is greater.
492     4.  An increase in industrial development area by 5 percent
493or 32 acres, whichever is greater.
494     5.  An increase in the average annual acreage mined by 5
495percent or 10 acres, whichever is greater, or an increase in the
496average daily water consumption by a mining operation by 5
497percent or 300,000 gallons, whichever is greater. An increase in
498the size of the mine by 5 percent or 750 acres, whichever is
499less. An increase in the size of a heavy mineral mine as defined
500in s. 378.403(7) will only constitute a substantial deviation if
501the average annual acreage mined is more than 500 acres and
502consumes more than 3 million gallons of water per day.
503     6.  An increase in land area for office development by 5
504percent or an increase of gross floor area of office development
505by 5 percent or 60,000 gross square feet, whichever is greater.
506     7.  An increase in the storage capacity for chemical or
507petroleum storage facilities by 5 percent, 20,000 barrels, or 7
508million pounds, whichever is greater.
509     8.  An increase of development at a waterport of wet
510storage for 20 watercraft, dry storage for 30 watercraft, or
511wet/dry storage for 60 watercraft in an area identified in the
512state marina siting plan as an appropriate site for additional
513waterport development or a 5-percent increase in watercraft
514storage capacity, whichever is greater.
515     9.  An increase in the number of dwelling units by 5
516percent or 50 dwelling units, whichever is greater.
517     10.  An increase in the number of dwelling units by 50
518percent, or 200 units, whichever is greater, provided that 15
519percent of the proposed additional dwelling units are dedicated
520to affordable workforce housing, subject to a recorded land use
521restriction that shall be for a period of not less than 20 years
522and that includes resale provisions to ensure long-term
523affordability for income-eligible homeowners and renters and
524provisions for the workforce housing to be commenced prior to
525the completion of 50 percent of the market rate dwelling. For
526purposes of this subparagraph, the term "affordable workforce
527housing" means housing that is affordable to a person who earns
528less than 120 percent of the area median income, or less than
529140 percent of the area median income if located in a county in
530which the median purchase price for a single-family existing
531home exceeds the statewide median purchase price of a single-
532family existing home. For purposes of this subparagraph, the
533term "statewide median purchase price of a single-family
534existing home" means the statewide purchase price as determined
535in the Florida Sales Report, Single-Family Existing Homes,
536released each January by the Florida Association of Realtors and
537the University of Florida Real Estate Research Center.
538     11.10.  An increase in commercial development by 50,000
539square feet of gross floor area or of parking spaces provided
540for customers for 300 cars or a 5-percent increase of either of
541these, whichever is greater.
542     12.11.  An increase in hotel or motel facility units by 5
543percent or 75 units, whichever is greater.
544     13.12.  An increase in a recreational vehicle park area by
5455 percent or 100 vehicle spaces, whichever is less.
546     14.13.  A decrease in the area set aside for open space of
5475 percent or 20 acres, whichever is less.
548     15.14.  A proposed increase to an approved multiuse
549development of regional impact where the sum of the increases of
550each land use as a percentage of the applicable substantial
551deviation criteria is equal to or exceeds 100 percent. The
552percentage of any decrease in the amount of open space shall be
553treated as an increase for purposes of determining when 100
554percent has been reached or exceeded.
555     16.15.  A 15-percent increase in the number of external
556vehicle trips generated by the development above that which was
557projected during the original development-of-regional-impact
558review.
559     17.16.  Any change which would result in development of any
560area which was specifically set aside in the application for
561development approval or in the development order for
562preservation or special protection of endangered or threatened
563plants or animals designated as endangered, threatened, or
564species of special concern and their habitat, primary dunes, or
565archaeological and historical sites designated as significant by
566the Division of Historical Resources of the Department of State.
567The further refinement of such areas by survey shall be
568considered under sub-subparagraph (e)5.b.
569
570 The substantial deviation numerical standards in subparagraphs
5714., 6., 10., 11., and 15. 14., excluding residential uses, and
57216. 15., are increased by 100 percent for a project certified
573under s. 403.973 which creates jobs and meets criteria
574established by the Office of Tourism, Trade, and Economic
575Development as to its impact on an area's economy, employment,
576and prevailing wage and skill levels. The substantial deviation
577numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
578and 15. 14. are increased by 50 percent for a project located
579wholly within an urban infill and redevelopment area designated
580on the applicable adopted local comprehensive plan future land
581use map and not located within the coastal high hazard area.
582     (e)1.  Except for a development order rendered pursuant to
583subsection (22) or subsection (25), a proposed change to a
584development order that individually or cumulatively with any
585previous change is less than any numerical criterion contained
586in subparagraphs (b)1.-16. (b)1.-15. and does not exceed any
587other criterion, or that involves an extension of the buildout
588date of a development, or any phase thereof, of less than 5
589years is not subject to the public hearing requirements of
590subparagraph (f)3., and is not subject to a determination
591pursuant to subparagraph (f)5. Notice of the proposed change
592shall be made to the regional planning council and the state
593land planning agency. Such notice shall include a description of
594previous individual changes made to the development, including
595changes previously approved by the local government, and shall
596include appropriate amendments to the development order.
597     2.  The following changes, individually or cumulatively
598with any previous changes, are not substantial deviations:
599     a.  Changes in the name of the project, developer, owner,
600or monitoring official.
601     b.  Changes to a setback that do not affect noise buffers,
602environmental protection or mitigation areas, or archaeological
603or historical resources.
604     c.  Changes to minimum lot sizes.
605     d.  Changes in the configuration of internal roads that do
606not affect external access points.
607     e.  Changes to the building design or orientation that stay
608approximately within the approved area designated for such
609building and parking lot, and which do not affect historical
610buildings designated as significant by the Division of
611Historical Resources of the Department of State.
612     f.  Changes to increase the acreage in the development,
613provided that no development is proposed on the acreage to be
614added.
615     g.  Changes to eliminate an approved land use, provided
616that there are no additional regional impacts.
617     h.  Changes required to conform to permits approved by any
618federal, state, or regional permitting agency, provided that
619these changes do not create additional regional impacts.
620     i.  Any renovation or redevelopment of development within a
621previously approved development of regional impact which does
622not change land use or increase density or intensity of use.
623     j.  Any other change which the state land planning agency
624agrees in writing is similar in nature, impact, or character to
625the changes enumerated in sub-subparagraphs a.-i. and which does
626not create the likelihood of any additional regional impact.
627
628 This subsection does not require a development order amendment
629for any change listed in sub-subparagraphs a.-j. unless such
630issue is addressed either in the existing development order or
631in the application for development approval, but, in the case of
632the application, only if, and in the manner in which, the
633application is incorporated in the development order.
634     3.  Except for the change authorized by sub-subparagraph
6352.f., any addition of land not previously reviewed or any change
636not specified in paragraph (b) or paragraph (c) shall be
637presumed to create a substantial deviation. This presumption may
638be rebutted by clear and convincing evidence.
639     4.  Any submittal of a proposed change to a previously
640approved development shall include a description of individual
641changes previously made to the development, including changes
642previously approved by the local government. The local
643government shall consider the previous and current proposed
644changes in deciding whether such changes cumulatively constitute
645a substantial deviation requiring further development-of-
646regional-impact review.
647     5.  The following changes to an approved development of
648regional impact shall be presumed to create a substantial
649deviation. Such presumption may be rebutted by clear and
650convincing evidence.
651     a.  A change proposed for 15 percent or more of the acreage
652to a land use not previously approved in the development order.
653Changes of less than 15 percent shall be presumed not to create
654a 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
657of any area which was specifically set aside in the application
658for development approval or in the development order for
659preservation, buffers, or special protection, including habitat
660for plant and animal species, archaeological and historical
661sites, dunes, and other special areas.
662     c.  Notwithstanding any provision of paragraph (b) to the
663contrary, a proposed change consisting of simultaneous increases
664and decreases of at least two of the uses within an authorized
665multiuse development of regional impact which was originally
666approved 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
669units shall not constitute a substantial deviation and shall not
670be subject to development-of-regional-impact review for
671additional impacts, provided that all the residential dwelling
672units are dedicated to affordable workforce housing and the
673total number of new residential units does not exceed 200
674percent of the substantial deviation threshold. The affordable
675workforce housing shall be subject to a recorded land use
676restriction that shall be for a period of not less than 20 years
677and that includes resale provisions to ensure long-term
678affordability for income-eligible homeowners and renters. For
679purposes of this paragraph, the term "affordable workforce
680housing" means housing that is affordable to a person who earns
681less than 120 percent of the area median income, or less than
682140 percent of the area median income if located in a county in
683which the median purchase price for a single-family existing
684home exceeds the statewide median purchase price of a single-
685family existing home. For purposes of this paragraph, the term
686"statewide median purchase price of a single-family existing
687home" means the statewide purchase price as determined in the
688Florida Sales Report, Single-Family Existing Homes, released
689each January by the Florida Association of Realtors and the
690University of Florida Real Estate Research Center.
691     Section 13.  Paragraph (k) of subsection (3) of section
692380.0651, Florida Statutes, is redesignated as paragraph (l),
693and 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
696be applied in the manner described in s. 380.06(2) to determine
697whether the following developments shall be required to undergo
698development-of-regional-impact review:
699     (k)  Workforce housing.--The applicable guidelines for
700residential development and the residential component for
701multiuse development shall be increased by 50 percent where the
702developer demonstrates that at least 15 percent of the total
703residential dwelling units authorized within the development of
704regional impact will be dedicated to affordable workforce
705housing, subject to a recorded land use restriction that shall
706be for a period of not less than 20 years and that includes
707resale provisions to ensure long-term affordability for income-
708eligible homeowners and renters and provisions for the workforce
709housing to be commenced prior to the completion of 50 percent of
710the market rate dwelling. For purposes of this paragraph, the
711term "affordable workforce housing" means housing that is
712affordable to a person who earns less than 120 percent of the
713area median income, or less than 140 percent of the area median
714income if located in a county in which the median purchase price
715for a single-family existing home exceeds the statewide median
716purchase price of a single-family existing home. For the
717purposes of this paragraph, the term "statewide median purchase
718price of a single-family existing home" means the statewide
719purchase price as determined in the Florida Sales Report,
720Single-Family Existing Homes, released each January by the
721Florida Association of Realtors and the University of Florida
722Real Estate Research Center.
723     Section 14.  Section 420.0004, Florida Statutes, is amended
724to read:
725     420.0004  Definitions.--As used in this part, unless the
726context otherwise indicates:
727     (1)  "Adjusted for family size" means adjusted in a manner
728which results in an income eligibility level which is lower for
729households with fewer than four people, or higher for households
730with more than four people, than the base income eligibility
731determined as provided in subsection (8), subsection (10) (9),
732subsection (11) (10), or subsection (15) (14), based upon a
733formula as established by the United States Department of
734Housing and Urban Development.
735     (2)  "Adjusted gross income" means all wages, assets,
736regular cash or noncash contributions or gifts from persons
737outside the household, and such other resources and benefits as
738may be determined to be income by the United States Department
739of Housing and Urban Development, adjusted for family size, less
740deductions allowable under s. 62 of the Internal Revenue Code.
741     (3)  "Affordable" means that monthly rents or monthly
742mortgage payments including taxes, insurance, and utilities do
743not exceed 30 percent of that amount which represents the
744percentage of the median adjusted gross annual income for the
745households as indicated in subsection (8), subsection (10) (9),
746subsection (11) (10), or subsection (15) (14).
747     (4)  "Corporation" means the Florida Housing Finance
748Corporation.
749     (5)  "Community-based organization" or "nonprofit
750organization" means a private corporation organized under
751chapter 617 to assist in the provision of housing and related
752services on a not-for-profit basis and which is acceptable to
753federal and state agencies and financial institutions as a
754sponsor of low-income housing.
755     (6)  "Department" means the Department of Community
756Affairs.
757     (7)  "Elderly" describes persons 62 years of age or older.
758     (8)  "Extremely-low-income persons" means one or more
759natural persons or a family whose total annual household income
760does not exceed 30 percent of the median annual adjusted gross
761income for households within the state. The Florida Housing
762Finance Corporation may adjust this amount annually by rule to
763provide that in lower income counties, extremely-low-income may
764exceed 30 percent of area median income and that in higher
765income counties, extremely-low-income may be less than 30
766percent of area median income.
767     (9)(8)  "Local public body" means any county, municipality,
768or other political subdivision, or any housing authority as
769provided by chapter 421, which is eligible to sponsor or develop
770housing for farmworkers and very-low-income and low-income
771persons within its jurisdiction.
772     (10)(9)  "Low-income persons" means one or more natural
773persons or a family, the total annual adjusted gross household
774income of which does not exceed 80 percent of the median annual
775adjusted gross income for households within the state, or 80
776percent of the median annual adjusted gross income for
777households within the metropolitan statistical area (MSA) or, if
778not within an MSA, within the county in which the person or
779family resides, whichever is greater.
780     (11)(10)  "Moderate-income persons" means one or more
781natural persons or a family, the total annual adjusted gross
782household income of which is less than 120 percent of the median
783annual adjusted gross income for households within the state, or
784120 percent of the median annual adjusted gross income for
785households within the metropolitan statistical area (MSA) or, if
786not within an MSA, within the county in which the person or
787family resides, whichever is greater.
788     (12)(11)  "Student" means any person not living with his or
789her parent or guardian who is eligible to be claimed by his or
790her parent or guardian as a dependent under the federal income
791tax code and who is enrolled on at least a half-time basis in a
792secondary school, career center, community college, college, or
793university.
794     (13)(12)  "Substandard" means:
795     (a)  Any unit lacking complete plumbing or sanitary
796facilities for the exclusive use of the occupants;
797     (b)  A unit which is in violation of one or more major
798sections of an applicable housing code and where such violation
799poses a serious threat to the health of the occupant; or
800     (c)  A unit that has been declared unfit for human
801habitation but that could be rehabilitated for less than 50
802percent of the property value.
803     (14)(13)  "Substantial rehabilitation" means repair or
804restoration of a dwelling unit where the value of such repair or
805restoration exceeds 40 percent of the value of the dwelling.
806     (15)(14)  "Very-low-income persons" means one or more
807natural persons or a family, not including students, the total
808annual adjusted gross household income of which does not exceed
80950 percent of the median annual adjusted gross income for
810households within the state, or 50 percent of the median annual
811adjusted gross income for households within the metropolitan
812statistical area (MSA) or, if not within an MSA, within the
813county in which the person or family resides, whichever is
814greater.
815     Section 15.  Subsection (18) of section 420.503, Florida
816Statutes, 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
819seasonal, temporary, or permanent basis in the planting,
820cultivating, harvesting, or processing of agricultural or
821aquacultural products and who derived at least 50 percent of her
822or his income in the immediately preceding 12 months from such
823employment.
824     (b)  "Farmworker" also includes a person who has retired as
825a laborer due to age, disability, or illness. In order to be
826considered retired as a farmworker due to age under this part, a
827person must be 50 years of age or older and must have been
828employed for a minimum of 5 years as a farmworker before
829retirement. In order to be considered retired as a farmworker
830due to disability or illness, a person must:
831     1.(a)  Establish medically that she or he is unable to be
832employed as a farmworker due to that disability or illness.
833     2.(b)  Establish that she or he was previously employed as
834a farmworker.
835     (c)  Notwithstanding paragraphs (a) and (b), when
836corporation-administered funds are used in conjunction with
837United States Department of Agriculture Rural Development funds,
838the term "farmworker" may mean a laborer who meets, at a
839minimum, the definition of "domestic farm laborer" as found in 7
840C.F.R. s. 3560.11, as amended. The corporation may establish
841additional criteria by rule.
842     Section 16.  Section 420.5061, Florida Statutes, is amended
843to read:
844     420.5061  Transfer of agency assets and liabilities.--
845Effective January 1, 1998, all assets and liabilities and rights
846and obligations, including any outstanding contractual
847obligations, of the agency shall be transferred to the
848corporation as legal successor in all respects to the agency.
849The corporation shall thereupon become obligated to the same
850extent as the agency under any existing agreements and be
851entitled to any rights and remedies previously afforded the
852agency by law or contract, including specifically the rights of
853the agency under chapter 201 and part VI of chapter 159. The
854corporation is a state agency for purposes of s. 159.807(4)(a).
855Effective January 1, 1998, all references under Florida law to
856the agency are deemed to mean the corporation. The corporation
857shall transfer to the General Revenue Fund an amount which
858otherwise would have been deducted as a service charge pursuant
859to s. 215.20(1) if the Florida Housing Finance Corporation Fund
860established by s. 420.508(5), the State Apartment Incentive Loan
861Fund established by s. 420.5087(7), the Florida Homeownership
862Assistance Fund established by s. 420.5088(4)(5), the HOME
863Investment Partnership Fund established by s. 420.5089(1), and
864the Housing Predevelopment Loan Fund established by s.
865420.525(1) were each trust funds. For purposes of s. 112.313,
866the corporation is deemed to be a continuation of the agency,
867and the provisions thereof are deemed to apply as if the same
868entity remained in place. Any employees of the agency and agency
869board members covered by s. 112.313(9)(a)6. shall continue to be
870entitled to the exemption in that subparagraph, notwithstanding
871being hired by the corporation or appointed as board members of
872the corporation. Effective January 1, 1998, all state property
873in use by the agency shall be transferred to and become the
874property of the corporation.
875     Section 17.  Subsections (22), (23), and (40) of section
876420.507, 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
879have all the powers necessary or convenient to carry out and
880effectuate the purposes and provisions of this part, including
881the following powers which are in addition to all other powers
882granted by other provisions of this part:
883     (22)  To develop and administer the State Apartment
884Incentive Loan Program. In developing and administering that
885program, the corporation may:
886     (a)  Make first, second, and other subordinated mortgage
887loans including variable or fixed rate loans subject to
888contingent interest for all State Apartment Incentive Loans
889provided for in this chapter based upon available cash flow of
890the projects. The corporation shall make loans exceeding 25
891percent of project cost available only to nonprofit
892organizations and public bodies which are able to secure grants,
893donations of land, or contributions from other sources and to
894projects meeting the criteria of subparagraph 1. Mortgage loans
895shall be made available at the following rates of interest:
896     1.  Zero to 3 percent interest for sponsors of projects
897that set aside at least maintain an 80 percent occupancy of
898their total units for residents qualifying as farmworkers as
899defined in this part s. 420.503(18), or commercial fishing
900workers as defined in this part s. 420.503(5), or the homeless
901as 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
903of units set aside for homeless residents if the total of such
904units is less than 80 percent of the units in the borrower's
905project.
906     3.  One Three to 9 percent interest for sponsors of
907projects targeted at populations other than farmworkers,
908commercial fishing workers, and the homeless.
909     (b)  Make loans exceeding 25 percent of project cost when
910the project serves extremely-low-income persons.
911     (c)  Forgive indebtedness for a share of the loan
912attributable to the units in a project reserved for extremely-
913low-income persons.
914     (d)(b)  Geographically and demographically target the
915utilization of loans.
916     (e)(c)  Underwrite credit, and reject projects which do not
917meet the established standards of the corporation.
918     (f)(d)  Negotiate with governing bodies within the state
919after a loan has been awarded to obtain local government
920contributions.
921     (g)(e)  Inspect any records of a sponsor at any time during
922the life of the loan or the agreed period for maintaining the
923provisions of s. 420.5087.
924     (h)(f)  Establish, by rule, the procedure for evaluating,
925scoring, and competitively ranking all applications based on the
926criteria set forth in s. 420.5087(6)(c); determining actual loan
927amounts; making and servicing loans; and exercising the powers
928authorized in this subsection.
929     (i)(g)  Establish a loan loss insurance reserve to be used
930to protect the outstanding program investment in case of a
931default, deed in lieu of foreclosure, or foreclosure of a
932program loan.
933     (23)  To develop and administer the Florida Homeownership
934Assistance Program. In developing and administering the program,
935the corporation may:
936     (a)1.  Make subordinated loans to eligible borrowers for
937down payments or closing costs related to the purchase of the
938borrower's primary residence.
939     2.  Make permanent loans to eligible borrowers related to
940the purchase of the borrower's primary residence.
941     3.  Make subordinated loans to nonprofit sponsors or
942developers of housing for purchase of property, for
943construction, or for financing of housing to be offered for sale
944to eligible borrowers as a primary residence at an affordable
945price.
946     (b)  Establish a loan loss insurance reserve to supplement
947existing sources of mortgage insurance with appropriated funds.
948     (c)  Geographically and demographically target the
949utilization of loans.
950     (d)  Defer repayment of loans for the term of the first
951mortgage.
952     (e)  Establish flexible terms for loans with an interest
953rate not to exceed 3 percent per annum and which are
954nonamortizing for the term of the first mortgage.
955     (f)  Require repayment of loans upon sale, transfer,
956refinancing, or rental of secured property, unless otherwise
957approved by the corporation.
958     (g)  Accelerate a loan for monetary default, for failure to
959provide the benefits of the loans to eligible borrowers, or for
960violation of any other restriction placed upon the loan.
961     (h)  Adopt rules for the program and exercise the powers
962authorized in this subsection.
963     (40)  To establish subsidiary business entities
964corporations for the purpose of taking title to and managing and
965disposing of property acquired by the corporation. Such
966subsidiary business entities corporations shall be public
967business entities corporations wholly owned by the corporation;
968shall be entitled to own, mortgage, and sell property on the
969same basis as the corporation; and shall be deemed business
970entities corporations primarily acting as an agent agents of the
971state, within the meaning of s. 768.28, on the same basis as the
972corporation. Any subsidiary business entity created by the
973corporation shall be subject to chapters 119, 120, and 286 to
974the same extent as the corporation. The subsidiary business
975entities shall have authority to make rules necessary to conduct
976business and to carry out the purposes of this subsection.
977     (44)  To adopt rules for the intervention and negotiation
978of terms or other actions necessary to further program goals or
979avoid default of a program loan. Such rules must consider fiscal
980program goals and the preservation or advancement of affordable
981housing for the state.
982     (45)  To establish by rule requirements for periodic
983reporting of data, including, but not limited to, financial
984data, housing market data, detailed economic and physical
985occupancy on multifamily projects, and demographic data on all
986housing financed through corporation programs and for
987participation in a housing locator system.
988     Section 18.  Subsections (1), (3), (5), and (6) of section
989420.5087, Florida Statutes, are amended to read:
990     420.5087  State Apartment Incentive Loan Program.--There is
991hereby created the State Apartment Incentive Loan Program for
992the purpose of providing first, second, or other subordinated
993mortgage loans or loan guarantees to sponsors, including for-
994profit, nonprofit, and public entities, to provide housing
995affordable to very-low-income persons.
996     (1)  Program funds shall be distributed over successive 3-
997year periods in a manner that meets the need and demand for
998very-low-income housing throughout the state. That need and
999demand must be determined by using the most recent statewide
1000low-income rental housing market studies available at the
1001beginning of each 3-year period. However, at least 10 percent of
1002the program funds distributed during a 3-year period must be
1003allocated to each of the following categories of counties, as
1004determined by using the population statistics published in the
1005most recent edition of the Florida Statistical Abstract:
1006     (a)  Counties that have a population of 825,000 or more.
1007more than 500,000 people;
1008     (b)  Counties that have a population of more than between
1009100,000 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
1013minimum shall be taken from the county category that has the
1014largest allocation. The corporation shall adopt rules which
1015establish an equitable process for distributing any portion of
1016the 10 percent of program funds allocated to the county
1017categories specified in this subsection which remains
1018unallocated at the end of a 3-year period. Counties that have a
1019population of 100,000 or less shall be given preference under
1020these rules.
1021     (3)  During the first 6 months of loan or loan guarantee
1022availability, program funds shall be reserved for use by
1023sponsors who provide the housing set-aside required in
1024subsection (2) for the tenant groups designated in this
1025subsection. The reservation of funds to each of these groups
1026shall be determined using the most recent statewide very-low-
1027income rental housing market study available at the time of
1028publication of each notice of fund availability required by
1029paragraph (6)(b). The reservation of funds within each notice of
1030fund availability to the tenant groups in paragraphs (a), (b),
1031and (d) may not be less than 10 percent of the funds available
1032at that time. Any increase in funding required to reach the 10-
1033percent minimum shall be taken from the tenant group that has
1034the largest reservation. The reservation of funds within each
1035notice of fund availability to the tenant group in paragraph (c)
1036may not be less than 5 percent of the funds available at that
1037time. 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
1042for the elderly shall be reserved to provide loans to sponsors
1043of housing for the elderly for the purpose of making building
1044preservation, health, or sanitation repairs or improvements
1045which are required by federal, state, or local regulation or
1046code, or lifesafety or security-related repairs or improvements
1047to such housing. Such a loan may not exceed $750,000 per housing
1048community for the elderly. In order to receive the loan, the
1049sponsor of the housing community must make a commitment to match
1050at least 5 15 percent of the loan amount to pay the cost of such
1051repair or improvement. The corporation shall establish the rate
1052of interest on the loan, which may not exceed 3 percent, and the
1053term of the loan, which may not exceed 15 years; however, if the
1054lien of the corporation's encumbrance is subordinate to the lien
1055of another mortgagee, then the term may be made coterminous with
1056the longest term of the superior lien. The term of the loan
1057shall be established on the basis of a credit analysis of the
1058applicant. The corporation shall establish, by rule, the
1059procedure and criteria for receiving, evaluating, and
1060competitively ranking all applications for loans under this
1061paragraph. A loan application must include evidence of the first
1062mortgagee's having reviewed and approved the sponsor's intent to
1063apply for a loan. A nonprofit organization or sponsor may not
1064use the proceeds of the loan to pay for administrative costs,
1065routine maintenance, or new construction.
1066     (5)  The amount of the mortgage provided under this program
1067combined with any other mortgage in a superior position shall be
1068less than the value of the project without the housing set-aside
1069required by subsection (2). However, the corporation may waive
1070this requirement for projects in rural areas or urban infill
1071areas which have market rate rents that are less than the
1072allowable rents pursuant to applicable state and federal
1073guidelines, and for projects which reserve units for extremely-
1074low-income persons. In no event shall the mortgage provided
1075under this program combined with any other mortgage in a
1076superior position exceed total project cost.
1077     (6)  On all state apartment incentive loans, except loans
1078made to housing communities for the elderly to provide for
1079lifesafety, building preservation, health, sanitation, or
1080security-related repairs or improvements, the following
1081provisions shall apply:
1082     (a)  The corporation shall establish two interest rates in
1083accordance with s. 420.507(22)(a)1. and 3. 2.
1084     (b)  The corporation shall publish a notice of fund
1085availability in a publication of general circulation throughout
1086the state. Such notice shall be published at least 60 days prior
1087to the application deadline and shall provide notice of the
1088temporary reservations of funds established in subsection (3).
1089     (c)  The corporation shall provide by rule for the
1090establishment of a review committee composed of the department
1091and corporation staff and shall establish by rule a scoring
1092system for evaluation and competitive ranking of applications
1093submitted in this program, including, but not limited to, the
1094following criteria:
1095     1.  Tenant income and demographic targeting objectives of
1096the corporation.
1097     2.  Targeting objectives of the corporation which will
1098ensure an equitable distribution of loans between rural and
1099urban areas.
1100     3.  Sponsor's agreement to reserve the units for persons or
1101families who have incomes below 50 percent of the state or local
1102median income, whichever is higher, for a time period to exceed
1103the minimum required by federal law or the provisions of this
1104part.
1105     4.  Sponsor's agreement to reserve more than:
1106     a.  Twenty percent of the units in the project for persons
1107or families who have incomes that do not exceed 50 percent of
1108the state or local median income, whichever is higher; or
1109     b.  Forty percent of the units in the project for persons
1110or families who have incomes that do not exceed 60 percent of
1111the state or local median income, whichever is higher, without
1112requiring a greater amount of the loans as provided in this
1113section.
1114     5.  Provision for tenant counseling.
1115     6.  Sponsor's agreement to accept rental assistance
1116certificates or vouchers as payment for rent; however, when
1117certificates or vouchers are accepted as payment for rent on
1118units set aside pursuant to subsection (2), the benefit must be
1119divided between the corporation and the sponsor, as provided by
1120corporation rule.
1121     7.  Projects requiring the least amount of a state
1122apartment incentive loan compared to overall project cost except
1123that the share of the loan attributable to units serving
1124extremely-low-income persons shall be excluded from this
1125requirement.
1126     8.  Local government contributions and local government
1127comprehensive planning and activities that promote affordable
1128housing.
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-
1135work transitioning.
1136     15.  Projects that reserve units for extremely-low-income
1137persons.
1138     (d)  The corporation may reject any and all applications.
1139     (e)  The corporation may approve and reject applications
1140for the purpose of achieving geographic targeting.
1141     (f)  The review committee established by corporation rule
1142pursuant to this subsection shall make recommendations to the
1143board of directors of the corporation regarding program
1144participation under the State Apartment Incentive Loan Program.
1145The corporation board shall make the final ranking and the
1146decisions regarding which applicants shall become program
1147participants based on the scores received in the competitive
1148ranking, further review of applications, and the recommendations
1149of the review committee. The corporation board shall approve or
1150reject applications for loans and shall determine the tentative
1151loan amount available to each applicant selected for
1152participation in the program. The actual loan amount shall be
1153determined pursuant to rule adopted pursuant to s.
1154420.507(22)(h)(f).
1155     (g)  The loan term shall be for a period of not more than
115615 years; however, if both a program loan and federal low-income
1157housing tax credits are to be used to assist a project, the
1158corporation may set the loan term for a period commensurate with
1159the investment requirements associated with the tax credit
1160syndication. The term of the loan may also exceed 15 years;
1161however, if the lien of the corporation's encumbrance is
1162subordinate to the lien of another mortgagee, then the term may
1163be made coterminous with the longest term of the superior lien
1164necessary to conform to requirements of the Federal National
1165Mortgage Association. The corporation may renegotiate and extend
1166the loan in order to extend the availability of housing for the
1167targeted population. The term of a loan may not extend beyond
1168the period for which the sponsor agrees to provide the housing
1169set-aside required by subsection (2).
1170     (h)  The loan shall be subject to sale, transfer, or
1171refinancing. The sale, transfer, or refinancing of the loan
1172shall be consistent with fiscal program goals and the
1173preservation or advancement of affordable housing for the state.
1174However, all requirements and conditions of the loan shall
1175remain following sale, transfer, or refinancing.
1176     (i)  The discrimination provisions of s. 420.516 shall
1177apply to all loans.
1178     (j)  The corporation may require units dedicated for the
1179elderly.
1180     (k)  Rent controls shall not be allowed on any project
1181except as required in conjunction with the issuance of tax-
1182exempt bonds or federal low-income housing tax credits and
1183except when the sponsor has committed to set aside units for
1184extremely-low-income persons, in which case rents shall be
1185restricted at the level applicable for federal low-income tax
1186credits.
1187     (l)  The proceeds of all loans shall be used for new
1188construction or substantial rehabilitation which creates
1189affordable, safe, and sanitary housing units.
1190     (m)  Sponsors shall annually certify the adjusted gross
1191income of all persons or families qualified under subsection (2)
1192at the time of initial occupancy, who are residing in a project
1193funded by this program. All persons or families qualified under
1194subsection (2) may continue to qualify under subsection (2) in a
1195project funded by this program if the adjusted gross income of
1196those persons or families at the time of annual recertification
1197meets the requirements established in s. 142(d)(3)(B) of the
1198Internal Revenue Code of 1986, as amended. If the annual
1199recertification of persons or families qualifying under
1200subsection (2) results in noncompliance with income occupancy
1201requirements, the next available unit must be rented to a person
1202or family qualifying under subsection (2) in order to ensure
1203continuing compliance of the project. The corporation may waive
1204the annual recertification if 100 percent of the units are set
1205aside as affordable.
1206     (n)  Upon submission and approval of a marketing plan which
1207demonstrates a good faith effort of a sponsor to rent a unit or
1208units to persons or families reserved under subsection (3) and
1209qualified under subsection (2), the sponsor may rent such unit
1210or units to any person or family qualified under subsection (2)
1211notwithstanding the reservation.
1212     (o)  Sponsors may participate in federal mortgage insurance
1213programs and must abide by the requirements of those programs.
1214If a conflict occurs between the requirements of federal
1215mortgage insurance programs and the requirements of this
1216section, the requirements of federal mortgage insurance programs
1217shall take precedence.
1218     Section 19.  Section 420.5088, Florida Statutes, is amended
1219to read:
1220     420.5088  Florida Homeownership Assistance Program.--There
1221is created the Florida Homeownership Assistance Program for the
1222purpose of assisting low-income and moderate-income persons in
1223purchasing a home as their primary residence by reducing the
1224cost of the home with below-market construction financing, by
1225reducing the amount of down payment and closing costs paid by
1226the borrower to a maximum of 5 percent of the purchase price, or
1227by reducing the monthly payment to an affordable amount for the
1228purchaser. Loans shall be made available at an interest rate
1229that does not exceed 3 percent. The balance of any loan is due
1230at closing if the property is sold, refinanced, rented, or
1231transferred, unless otherwise approved by the corporation.
1232     (1)  For loans made available pursuant to s.
1233420.507(23)(a)1. or 2.:
1234     (a)  The corporation may underwrite and make those mortgage
1235loans through the program to persons or families who have
1236incomes that do not exceed 120 80 percent of the state or local
1237median income, whichever is greater, adjusted for family size.
1238     (b)  Loans shall be made available for the term of the
1239first mortgage.
1240     (c)  Loans may not exceed are limited to the lesser of 35
124125 percent of the purchase price of the home or the amount
1242necessary to enable the purchaser to meet credit underwriting
1243criteria.
1244     (2)  For loans made pursuant to s. 420.507(23)(a)3.:
1245     (a)  Availability is limited to nonprofit sponsors or
1246developers who are selected for program participation pursuant
1247to this subsection.
1248     (b)  Preference must be given to community development
1249corporations as defined in s. 290.033 and to community-based
1250organizations as defined in s. 420.503.
1251     (c)  Priority must be given to projects that have received
1252state assistance in funding project predevelopment costs.
1253     (d)  The benefits of making such loans shall be
1254contractually provided to the persons or families purchasing
1255homes financed under this subsection.
1256     (e)  At least 30 percent of the units in a project financed
1257pursuant to this subsection must be sold to persons or families
1258who have incomes that do not exceed 80 percent of the state or
1259local median income, whichever amount is greater, adjusted for
1260family size; and at least another 30 percent of the units in a
1261project financed pursuant to this subsection must be sold to
1262persons or families who have incomes that do not exceed 65 50
1263percent of the state or local median income, whichever amount is
1264greater, adjusted for family size.
1265     (f)  The maximum loan amount may not exceed 33 percent of
1266the total project cost.
1267     (g)  A person who purchases a home in a project financed
1268under this subsection is eligible for a loan authorized by s.
1269420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
1270construction loan made pursuant to this subsection. The home
1271purchaser must meet all the requirements for loan recipients
1272established pursuant to the applicable loan program.
1273     (h)  The corporation shall provide, by rule, for the
1274establishment of a review committee composed of corporation
1275staff and shall establish, by rule, a scoring system for
1276evaluating and ranking applications submitted for construction
1277loans under this subsection, including, but not limited to, the
1278following criteria:
1279     1.  The affordability of the housing proposed to be built.
1280     2.  The direct benefits of the assistance to the persons
1281who will reside in the proposed housing.
1282     3.  The demonstrated capacity of the applicant to carry out
1283the 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
1286potential cost savings by combining the benefits of different
1287governmental programs and private initiatives, including the
1288local government contributions and local government
1289comprehensive planning and activities that promote affordable
1290housing.
1291     6.  The use of the least amount of program loan funds
1292compared to overall project cost.
1293     7.  The provision of homeownership counseling.
1294     8.  The applicant's agreement to exceed the requirements of
1295paragraph (e).
1296     9.  The commitment of first mortgage financing for the
1297balance of the construction loan and for the permanent loans to
1298the purchasers of the housing.
1299     10.  The applicant's ability to proceed with construction.
1300     11.  The targeting objectives of the corporation which will
1301ensure an equitable distribution of loans between rural and
1302urban areas.
1303     12.  The extent to which the proposal will further the
1304purposes of this program.
1305     (i)  The corporation may reject any and all applications.
1306     (j)  The review committee established by corporation rule
1307pursuant to this subsection shall make recommendations to the
1308corporation board regarding program participation under this
1309subsection. The corporation board shall make the final ranking
1310for participation based on the scores received in the ranking,
1311further review of the applications, and the recommendations of
1312the review committee. The corporation board shall approve or
1313reject applicants for loans and shall determine the tentative
1314loan amount available to each program participant. The final
1315loan amount shall be determined pursuant to rule adopted under
1316s. 420.507(23)(h).
1317     (3)  The corporation shall publish a notice of fund
1318availability in a publication of general circulation throughout
1319the state at least 60 days prior to the anticipated availability
1320of funds.
1321     (4)  During the first 9 months of fund availability:
1322     (a)  Sixty percent of the program funds shall be reserved
1323for use by borrowers pursuant to s. 420.507(23)(a)1.;
1324     (b)  Twenty percent of the program funds shall be reserved
1325for use by borrowers pursuant to s. 420.507(23)(a)2.; and
1326     (c)  Twenty percent of the program funds shall be reserved
1327for use by borrowers pursuant to s. 420.507(23)(a)3.
1328
1329 If the application of these percentages would cause the
1330reservation of program funds under paragraph (a) to be less than
1331$1 million, the reservation for paragraph (a) shall be increased
1332to $1 million or all available funds, whichever amount is less,
1333with the increase to be accomplished by reducing the reservation
1334for paragraph (b) and, if necessary, paragraph (c).
1335     (4)(5)  There is authorized to be established by the
1336corporation with a qualified public depository meeting the
1337requirements of chapter 280 the Florida Homeownership Assistance
1338Fund to be administered by the corporation according to the
1339provisions of this program. Any amounts held in the Florida
1340Homeownership Assistance Trust Fund for such purposes as of
1341January 1, 1998, must be transferred to the corporation for
1342deposit in the Florida Homeownership Assistance Fund, whereupon
1343the Florida Homeownership Assistance Trust Fund must be closed.
1344There shall be deposited in the fund moneys from the State
1345Housing Trust Fund created by s. 420.0005, or moneys received
1346from any other source, for the purpose of this program and all
1347proceeds derived from the use of such moneys. In addition, all
1348unencumbered funds, loan repayments, proceeds from the sale of
1349any property, and any other proceeds that would otherwise accrue
1350pursuant to the activities of the programs described in this
1351section shall be transferred to this fund. In addition, all loan
1352repayments, proceeds from the sale of any property, and any
1353other proceeds that would otherwise accrue pursuant to the
1354activities conducted under the provisions of the Florida
1355Homeownership Assistance Program shall be deposited in the fund
1356and shall not revert to the General Revenue Fund. Expenditures
1357from the Florida Homeownership Assistance Fund shall not be
1358required to be included in the corporation's budget request or
1359be subject to appropriation by the Legislature.
1360     (5)(6)  No more than one-fifth of the funds available in
1361the Florida Homeownership Assistance Fund may be made available
1362to provide loan loss insurance reserve funds to facilitate
1363homeownership for eligible persons.
1364     Section 20.  Sections 420.37 and 420.530, Florida Statutes,
1365are repealed.
1366     Section 21.  Subsection (25) of section 420.9071, Florida
1367Statutes, is amended to read:
1368     420.9071  Definitions.--As used in ss. 420.907-420.9079,
1369the term:
1370     (25)  "Recaptured funds" means funds that are recouped by a
1371county or eligible municipality in accordance with the recapture
1372provisions of its local housing assistance plan pursuant to s.
1373420.9075(5)(4)(g) from eligible persons or eligible sponsors who
1374default on the terms of a grant award or loan award.
1375     Section 22.  Subsection (2) of section 420.9072, Florida
1376Statutes, is amended to read:
1377     420.9072  State Housing Initiatives Partnership Program.--
1378The State Housing Initiatives Partnership Program is created for
1379the purpose of providing funds to counties and eligible
1380municipalities as an incentive for the creation of local housing
1381partnerships, to expand production of and preserve affordable
1382housing, to further the housing element of the local government
1383comprehensive plan specific to affordable housing, and to
1384increase housing-related employment.
1385     (2)(a)  To be eligible to receive funds under the program,
1386a county or eligible municipality must:
1387     1.  Submit to the corporation its local housing assistance
1388plan describing the local housing assistance strategies
1389established pursuant to s. 420.9075;
1390     2.  Within 12 months after adopting the local housing
1391assistance plan, amend the plan to incorporate the local housing
1392incentive strategies defined in s. 420.9071(16) and described in
1393s. 420.9076; and
1394     3.  Within 24 months after adopting the amended local
1395housing assistance plan to incorporate the local housing
1396incentive strategies, amend its land development regulations or
1397establish local policies and procedures, as necessary, to
1398implement the local housing incentive strategies adopted by the
1399local governing body. A county or an eligible municipality that
1400has adopted a housing incentive strategy pursuant to s. 420.9076
1401before the effective date of this act shall review the status of
1402implementation of the plan according to its adopted schedule for
1403implementation and report its findings in the annual report
1404required by s. 420.9075(10)(9). If as a result of the review, a
1405county or an eligible municipality determines that the
1406implementation is complete and in accordance with its schedule,
1407no further action is necessary. If a county or an eligible
1408municipality determines that implementation according to its
1409schedule is not complete, it must amend its land development
1410regulations or establish local policies and procedures, as
1411necessary, to implement the housing incentive plan within 12
1412months after the effective date of this act, or if extenuating
1413circumstances prevent implementation within 12 months, pursuant
1414to s. 420.9075(13)(12), enter into an extension agreement with
1415the corporation.
1416     (b)  A county or an eligible municipality seeking approval
1417to receive its share of the local housing distribution must
1418adopt an ordinance containing the following provisions:
1419     1.  Creation of a local housing assistance trust fund as
1420described in s. 420.9075(6)(5).
1421     2.  Adoption by resolution of a local housing assistance
1422plan as defined in s. 420.9071(14) to be implemented through a
1423local housing partnership as defined in s. 420.9071(18).
1424     3.  Designation of the responsibility for the
1425administration of the local housing assistance plan. Such
1426ordinance may also provide for the contracting of all or part of
1427the administrative or other functions of the program to a third
1428person or entity.
1429     4.  Creation of the affordable housing advisory committee
1430as provided in s. 420.9076.
1431
1432 The ordinance must not take effect until at least 30 days after
1433the date of formal adoption. Ordinances in effect prior to the
1434effective date of amendments to this section shall be amended as
1435needed to conform to new provisions.
1436     Section 23.  Paragraph (c) of present subsection (4) of
1437section 420.9075, Florida Statutes, is amended, subsections (3)
1438through (12) are renumbered as subsections (4) through (13),
1439respectively, and a new subsection (3) is added to that section,
1440to read:
1441     420.9075  Local housing assistance plans; partnerships.--
1442     (3)(a)  Each local housing assistance plan shall include a
1443definition of essential service personnel for the county or
1444eligible municipality, including, but not limited to, teachers
1445and educators, other school district, community college, and
1446university employees, police and fire personnel, health care
1447personnel, skilled building trades personnel, and other job
1448categories.
1449     (b)  Each county and each eligible municipality is
1450encouraged to develop a strategy within its local housing
1451assistance plan that emphasizes the recruitment and retention of
1452essential service personnel. The local government is encouraged
1453to involve public and private sector employers. Compliance with
1454the eligibility criteria established under this strategy shall
1455be verified by the county or eligible municipality.
1456     (c)  Each county and each eligible municipality is
1457encouraged to develop a strategy within its local housing
1458assistance plan that addresses the needs of persons who are
1459deprived of affordable housing due to the closure of a mobile
1460home park or the conversion of affordable rental units to
1461condominiums.
1462     (5)(4)  The following criteria apply to awards made to
1463eligible sponsors or eligible persons for the purpose of
1464providing eligible housing:
1465     (c)  The sales price or value of new or existing eligible
1466housing may not exceed 90 percent of the average area purchase
1467price in the statistical area in which the eligible housing is
1468located. Such average area purchase price may be that calculated
1469for any 12-month period beginning not earlier than the fourth
1470calendar year prior to the year in which the award occurs or as
1471otherwise established by the United States Department of the
1472Treasury.
1473
1474 If both an award under the local housing assistance plan and
1475federal low-income housing tax credits are used to assist a
1476project and there is a conflict between the criteria prescribed
1477in this subsection and the requirements of s. 42 of the Internal
1478Revenue Code of 1986, as amended, the county or eligible
1479municipality may resolve the conflict by giving precedence to
1480the requirements of s. 42 of the Internal Revenue Code of 1986,
1481as amended, in lieu of following the criteria prescribed in this
1482subsection with the exception of paragraphs (a) and (d) of this
1483subsection.
1484     Section 24.  Subsection (6) of section 420.9076, Florida
1485Statutes, is amended to read:
1486     420.9076  Adoption of affordable housing incentive
1487strategies; committees.--
1488     (6)  Within 90 days after the date of receipt of the local
1489housing incentive strategies recommendations from the advisory
1490committee, the governing body of the appointing local government
1491shall adopt an amendment to its local housing assistance plan to
1492incorporate the local housing incentive strategies it will
1493implement within its jurisdiction. The amendment must include,
1494at a minimum, the local housing incentive strategies specified
1495as defined in paragraphs (4)(a)-(j) s. 420.9071(16).
1496     Section 25.  Subsection (2) of section 420.9079, Florida
1497Statutes, is amended to read:
1498     420.9079  Local Government Housing Trust Fund.--
1499     (2)  The corporation shall administer the fund exclusively
1500for the purpose of implementing the programs described in ss.
1501420.907-420.9078 and this section. With the exception of
1502monitoring the activities of counties and eligible
1503municipalities to determine local compliance with program
1504requirements, the corporation shall not receive appropriations
1505from the fund for administrative or personnel costs. For the
1506purpose of implementing the compliance monitoring provisions of
1507s. 420.9075(9)(8), the corporation may request a maximum of one-
1508quarter of 1 percent of the annual appropriation $200,000 per
1509state fiscal year. When such funding is appropriated, the
1510corporation shall deduct the amount appropriated prior to
1511calculating the local housing distribution pursuant to ss.
1512420.9072 and 420.9073.
1513     Section 26.  Subsection (12) of section 1001.43, Florida
1514Statutes, 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
1517board.--The district school board may exercise the following
1518supplemental powers and duties as authorized by this code or
1519State Board of Education rule.
1520     (12)  AFFORDABLE HOUSING.--A district school board may use
1521portions of school sites purchased within the guidelines of the
1522State Requirements for Educational Facilities, land deemed not
1523usable for educational purposes because of location or other
1524factors, or land declared as surplus by the board to provide
1525sites for affordable housing for teachers and other district
1526personnel independently or in conjunction with other agencies as
1527described in subsection (5).
1528     Section 27.  Community Workforce Housing Innovation Pilot
1529Program.--
1530     (1)  The Legislature finds and declares that recent rapid
1531increases in the median purchase price of a home and the cost of
1532rental housing have far outstripped the increases in median
1533income in the state, preventing essential services personnel
1534from living in the communities where they serve and thereby
1535creating the need for innovative solutions for the provision of
1536housing opportunities for essential services personnel.
1537     (2)  The Community Workforce Housing Innovation Pilot
1538Program is created to provide affordable rental and home
1539ownership community workforce housing for essential services
1540personnel affected by the high cost of housing, using regulatory
1541incentives and state and local funds to promote local public-
1542private partnerships and leverage government and private
1543resources.
1544     (3)  For purposes of this section, the following
1545definitions apply:
1546     (a)  "Workforce housing" means housing affordable to
1547natural persons or families whose total annual household income
1548does not exceed 140 percent of the area median income, adjusted
1549for household size, or 150 percent of area median income,
1550adjusted for household size, in areas of critical state concern
1551designated under s. 380.05, Florida Statutes, for which the
1552Legislature has declared its intent to provide affordable
1553housing, and areas that were designated as areas of critical
1554state concern for at least 20 consecutive years prior to removal
1555of the designation.
1556     (b)  "Essential services personnel" means persons in need
1557of affordable housing who are employed in occupations or
1558professions in which they are considered essential services
1559personnel, as defined by each county and eligible municipality
1560within its respective local housing assistance plan pursuant to
1561s. 420.9075(3)(a), Florida Statutes.
1562     (c)  "Public-private partnership" means any form of
1563business entity that includes substantial involvement of at
1564least one county, one municipality, or one public sector entity,
1565such as a school district or other unit of local government in
1566which the project is to be located, and at least one private
1567sector for-profit or not-for-profit business or charitable
1568entity, and may be any form of business entity, including a
1569joint venture or contractual agreement.
1570     (4)  The Florida Housing Finance Corporation is authorized
1571to provide Community Workforce Housing Innovation Pilot Program
1572loans to an applicant for construction or rehabilitation of
1573workforce housing in eligible areas. The corporation shall
1574establish a funding process and selection criteria by rule or
1575request for proposals. This funding is intended to be used with
1576other public and private sector resources.
1577     (5)  The corporation shall provide incentives for local
1578governments in eligible areas to use local affordable housing
1579funds, such as those from the State Housing Initiatives
1580Partnership Program, to assist in meeting the affordable housing
1581needs of persons eligible under this program.
1582     (6)  Funding shall be targeted to projects in areas where
1583the disparity between the area median income and the median
1584sales price for a single-family home is greatest, and for
1585projects in areas where population growth as a percentage rate
1586of increase is greatest. The corporation may also fund projects
1587in areas where innovative regulatory and financial incentives
1588are made available. The corporation shall fund at least one
1589eligible project in as many counties as possible.
1590     (7)  Projects shall receive priority consideration for
1591funding where:
1592     (a)  The local jurisdiction adopts appropriate regulatory
1593incentives, local contributions or financial strategies, or
1594other funding sources to promote the development and ongoing
1595financial viability of such projects. Local incentives include
1596such actions as expediting review of development orders and
1597permits, supporting development near transportation hubs and
1598major employment centers, and adopting land development
1599regulations designed to allow flexibility in densities, use of
1600accessory units, mixed-use developments, and flexible lot
1601configurations. Financial strategies include such actions as
1602promoting employer-assisted housing programs, providing tax
1603increment financing, and providing land.
1604     (b)  Projects are innovative and include new construction
1605or rehabilitation, mixed-income housing, or commercial and
1606housing mixed-use elements and those that promote homeownership.
1607The program funding shall not exceed the costs attributable to
1608the portion of the project that is set aside to provide housing
1609for the targeted population.
1610     (c)  Projects that set aside at least 80 percent of units
1611for workforce housing and at least 50 percent for essential
1612services personnel and for projects that require the least
1613amount of program funding compared to the overall housing costs
1614for the project.
1615     (8)  Notwithstanding the provisions of s. 163.3184(3)-(6),
1616Florida Statutes, any local government comprehensive plan
1617amendment to implement a Community Workforce Housing Innovation
1618Pilot Program project found consistent with the provisions of
1619this section shall be expedited as provided in this subsection.
1620At least 30 days prior to adopting a plan amendment pursuant to
1621this paragraph, the local government shall notify the state land
1622planning agency of its intent to adopt such an amendment, and
1623the notice shall include its evaluation related to site
1624suitability and availability of facilities and services. The
1625public notice of the hearing required by s. 163.3184(15)(e),
1626Florida Statutes, shall include a statement that the local
1627government intends to utilize the expedited adoption process
1628authorized by this subsection. Such amendments shall require
1629only a single public hearing before the governing board, which
1630shall be an adoption hearing as described in s. 163.3184(7),
1631Florida Statutes, and the state land planning agency shall issue
1632its notice of intent pursuant to s. 163.3184(8), Florida
1633Statutes, within 30 days after determining that the amendment
1634package is complete.
1635     (9)  The corporation shall award loans with interest rates
1636set at 1 to 3 percent, which may be made forgivable when long-
1637term affordability is provided and when at least 80 percent of
1638the units are set aside for workforce housing and at least 50
1639percent of the units are set aside for essential services
1640personnel.
1641     (10)  All eligible applications shall:
1642     (a)  For home ownership, limit the sales price of a
1643detached unit, townhome, or condominium unit to not more than 80
1644percent of the median sales price for that type of unit in that
1645county, or the statewide median sales price for that type of
1646unit, whichever is higher, and require that all eligible
1647purchasers of home ownership units occupy the homes as their
1648primary residence.
1649     (b)  For rental units, restrict rents for all workforce
1650housing serving those with incomes at or below 120 percent of
1651area median income at the appropriate income level using the
1652restricted rents for the federal low-income housing tax credit
1653program and, for workforce housing units serving those with
1654incomes above 120 percent of area median income, restrict rents
1655to those established by the corporation, not to exceed 30
1656percent of the maximum household income adjusted to unit size.
1657     (c)  Demonstrate that the applicant is a public-private
1658partnership.
1659     (d)  Have grants, donations of land, or contributions from
1660the public-private partnership or other sources collectively
1661totaling at least 15 percent of the total development cost. Such
1662grants, donations of land, or contributions must be evidenced by
1663a letter of commitment only at the time of application. Grants,
1664donations of land, or contributions in excess of 15 percent of
1665the development cost shall increase the application score.
1666     (e)  Demonstrate how the applicant will use the regulatory
1667incentives and financial strategies outlined in paragraph (7)(a)
1668from the local jurisdiction in which the proposed project is to
1669be located. The corporation may consult with the Department of
1670Community Affairs in evaluating the use of regulatory incentives
1671by applicants.
1672     (f)  Demonstrate that the applicant possesses title to or
1673site control of land and evidences availability of required
1674infrastructure.
1675     (g)  Demonstrate the applicant's affordable housing
1676development and management experience.
1677     (h)  Provide any research or facts available supporting the
1678demand and need for rental or home ownership workforce housing
1679for eligible persons in the market in which the project is
1680proposed.
1681     (11)  Projects may include manufactured housing constructed
1682after June 1994 and installed in accordance with mobile home
1683installation standards of the Department of Highway Safety and
1684Motor Vehicles.
1685     (12)  The corporation may adopt rules pursuant to ss.
1686120.536(1) and 120.54, Florida Statutes, to implement the
1687provisions of this section.
1688     (13)  The corporation may use a maximum of 2 percent of the
1689annual appropriation for administration and compliance
1690monitoring.
1691     (14)  The corporation shall review the success of the
1692Community Workforce Housing Innovation Pilot Program to
1693ascertain whether the projects financed by the program are
1694useful in meeting the housing needs of eligible areas. The
1695corporation shall submit its report and any recommendations
1696regarding the program to the Governor, the Speaker of the House
1697of Representatives, and the President of the Senate not later
1698than 2 months after the end of the corporation's fiscal year.
1699     Section 28.  Affordable housing land donation density bonus
1700incentives.--
1701     (1)  A local government may provide density bonus
1702incentives pursuant to the provisions of this section to any
1703landowner who voluntarily donates fee simple interest in real
1704property to the local government for the purpose of assisting
1705the local government in providing affordable housing. Donated
1706real property must be determined by the local government to be
1707appropriate for use as affordable housing and must be subject to
1708deed restrictions to ensure that the property will be used for
1709affordable housing.
1710     (2)  For purposes of this section, the terms "affordable,"
1711"extremely-low-income persons," "low-income persons," "moderate-
1712income persons," and "very-low-income persons," have the same
1713meaning as in s. 420.0004, Florida Statutes.
1714     (3)  The density bonus may be applied to any land within
1715the local government's jurisdiction provided that residential
1716use is an allowable use on the receiving land.
1717     (4)  The density bonus, identification of receiving land
1718for the bonus, and any other conditions associated with the
1719donation of the land for affordable housing are the subject of
1720review and approval by the local government. The award of
1721density bonus pursuant to this section, the legal description of
1722the land receiving the bonus, and any other conditions
1723associated with the bonus shall be memorialized in a development
1724agreement or other binding agreement and recorded with the clerk
1725of court in the county where the donated land and receiving land
1726are located.
1727     (5)  The local government, as part of the approval process,
1728shall adopt a comprehensive plan amendment, pursuant to part II
1729of chapter 163, Florida Statutes, for the receiving land that
1730incorporates the density bonus. Such amendment shall be adopted
1731in the manner as required for small-scale amendments pursuant to
1732s. 163.3187, Florida Statutes, is not subject to the
1733requirements of s. 163.3184(3)-(6), Florida Statutes, and is
1734exempt from the limitation on the frequency of plan amendments
1735as 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
1738from being sold at a price that exceeds the threshold for
1739housing that is affordable for low-income or moderate-income
1740persons or to a buyer who is not eligible due to his or her
1741income under chapter 420, Florida Statutes. The deed restriction
1742may allow affordable housing units created under subsection (1)
1743to be rented to extremely-low-income, very-low-income, low-
1744income, or moderate-income persons.
1745     (7)  The local government may transfer all or a portion of
1746the donated land to a nonprofit housing organization, such as a
1747community land trust, housing authority, or community
1748redevelopment agency, to be used for the production and
1749preservation of permanently affordable housing.
1750     Section 29.  Section 196.1978, Florida Statutes, is amended
1751to read:
1752     196.1978  Affordable housing property exemption.--Property
1753used to provide affordable housing serving eligible persons as
1754defined by s. 159.603(7) and persons meeting income limits
1755specified in s. 420.0004(8) s. 420.0004(9), (10), (11), and (15)
1756(14), which property is owned entirely by a nonprofit entity
1757which is qualified as charitable under s. 501(c)(3) of the
1758Internal Revenue Code and which complies with Rev. Proc. 96-32,
17591996-1 C.B. 717, shall be considered property owned by an exempt
1760entity and used for a charitable purpose, and those portions of
1761the affordable housing property which provide housing to
1762individuals with incomes as defined in s. 420.0004(10)(9) and
1763(15)(14) shall be exempt from ad valorem taxation to the extent
1764authorized in s. 196.196. All property identified in this
1765section shall comply with the criteria for determination of
1766exempt status to be applied by property appraisers on an annual
1767basis as defined in s. 196.195. The Legislature intends that any
1768property owned by a limited liability company which is
1769disregarded as an entity for federal income tax purposes
1770pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
1771treated as owned by its sole member.
1772     Section 30.  Paragraph (o) of subsection (5) of section
1773212.08, Florida Statutes, is amended to read:
1774     212.08  Sales, rental, use, consumption, distribution, and
1775storage tax; specified exemptions.--The sale at retail, the
1776rental, the use, the consumption, the distribution, and the
1777storage to be used or consumed in this state of the following
1778are hereby specifically exempt from the tax imposed by this
1779chapter.
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
1784that becomes a component part of a housing project or a mixed-
1785use project.
1786     b.  "Housing project" means the conversion of an existing
1787manufacturing or industrial building to housing units in an
1788urban high-crime area, enterprise zone, empowerment zone, Front
1789Porch Community, designated brownfield area, or urban infill
1790area and in which the developer agrees to set aside at least 20
1791percent of the housing units in the project for low-income and
1792moderate-income persons or the construction in a designated
1793brownfield area of affordable housing for persons described in
1794s. 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
1797manufacturing or industrial building to mixed-use units that
1798include artists' studios, art and entertainment services, or
1799other compatible uses. A mixed-use project must be located in an
1800urban high-crime area, enterprise zone, empowerment zone, Front
1801Porch Community, designated brownfield area, or urban infill
1802area, and the developer must agree to set aside at least 20
1803percent of the square footage of the project for low-income and
1804moderate-income housing.
1805     d.  "Substantially completed" has the same meaning as
1806provided in s. 192.042(1).
1807     2.  Building materials used in the construction of a
1808housing project or mixed-use project are exempt from the tax
1809imposed by this chapter upon an affirmative showing to the
1810satisfaction of the department that the requirements of this
1811paragraph have been met. This exemption inures to the owner
1812through a refund of previously paid taxes. To receive this
1813refund, the owner must file an application under oath with the
1814department which includes:
1815     a.  The name and address of the owner.
1816     b.  The address and assessment roll parcel number of the
1817project 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
1820that the project is substantially completed.
1821     e.  A sworn statement, under penalty of perjury, from the
1822general contractor licensed in this state with whom the owner
1823contracted to construct the project, which statement lists the
1824building materials used in the construction of the project and
1825the actual cost thereof, and the amount of sales tax paid on
1826these materials. If a general contractor was not used, the owner
1827shall provide this information in a sworn statement, under
1828penalty of perjury. Copies of invoices evidencing payment of
1829sales tax must be attached to the sworn statement.
1830     3.  An application for a refund under this paragraph must
1831be submitted to the department within 6 months after the date
1832the project is deemed to be substantially completed by the local
1833building code inspector. Within 30 working days after receipt of
1834the application, the department shall determine if it meets the
1835requirements of this paragraph. A refund approved pursuant to
1836this paragraph shall be made within 30 days after formal
1837approval of the application by the department. The provisions of
1838s. 212.095 do not apply to any refund application made under
1839this paragraph.
1840     4.  The department shall establish by rule an application
1841form and criteria for establishing eligibility for exemption
1842under this paragraph.
1843     5.  The exemption shall apply to purchases of materials on
1844or after July 1, 2000.
1845     Section 31.  The Florida Housing Finance Corporation is
1846authorized to provide funds to eligible entities for affordable
1847housing recovery in those areas of the state which sustained
1848housing damage due to hurricanes during 2004 and 2005. The
1849Florida Housing Finance Corporation shall utilize data provided
1850by the Federal Emergency Management Agency to assist in its
1851allocation of funds to local jurisdictions. To administer these
1852programs, the Florida Housing Finance Corporation shall be
1853guided by the "Hurricane Housing Work Group Recommendations to
1854Assist in Florida's Long Term Housing Recovery Efforts" report
1855dated February 16, 2005, and may adopt emergency rules pursuant
1856to s. 120.54, Florida Statutes. The Legislature finds that
1857emergency rules adopted pursuant to this section meet the
1858health, safety, and welfare requirement of s. 120.54(4), Florida
1859Statutes. The Legislature finds that such emergency rulemaking
1860power is necessary for the preservation of the rights and
1861welfare of the people in order to provide additional funds to
1862assist those areas of the state that sustained housing damage
1863due to hurricanes during 2004 and 2005. Therefore, in adopting
1864such emergency rules, the corporation need not make the findings
1865required by s. 120.54(4)(a), Florida Statutes. Emergency rules
1866adopted under this section are exempt from s. 120.54(4)(c),
1867Florida Statutes. The sum of $75.9 million is appropriated from
1868the Local Government Housing Trust Fund to the Florida Housing
1869Finance Corporation for the Rental Recovery Loan Program. The
1870sum of $15 million is appropriated from the State Housing Trust
1871Fund to the Florida Housing Finance Corporation for the
1872Farmworker Housing Recovery Program and the Special Housing
1873Assistance and Development Program, and the sum of $17 million
1874is appropriated from the State Housing Trust Fund to the Florida
1875Housing Finance Corporation for the Rental Recovery Program. The
1876sum of $100,000 is appropriated from the State Housing Trust
1877Fund to the Florida Housing Finance Corporation for technical
1878and training assistance.
1879     Section 32.  The sum of $82,904,000 is appropriated from
1880the Florida Small Cities Community Development Block Grant
1881Program Fund to the Department of Community Affairs. These funds
1882shall be used consistent with the Federal Register, Vol. 71, No.
188329, February 13, 2006, Docket No. FR-5051-N-01, and the Action
1884Plan for Disaster Recovery approved by the United States
1885Department of Housing and Urban Development to meet the needs of
1886communities impacted by Hurricanes Wilma and Katrina, with a
1887prioritization toward affordable housing in the most impacted
1888areas of the state.
1889     Section 33.  The sum of $50 million is appropriated from
1890the Local Government Housing Trust Fund to the Florida Housing
1891Finance Corporation for fiscal year 2006-2007 to implement the
1892Community Workforce Housing Innovation Pilot Program.
1893     Section 34.  The sum of $30 million is appropriated from
1894the State Housing Trust Fund to the Florida Housing Finance
1895Corporation for fiscal year 2006-2007 to assist in the
1896production of housing units for extremely-low-income persons as
1897defined 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
1900and Donations Trust Fund to the Department of Community Affairs
1901for the purpose of implementing the provisions of this act
1902relating to the Century Commission for a Sustainable Florida
1903during the 2006-2007 fiscal year.
1904     Section 36.  Except as otherwise expressly provided in this
1905act, this act shall take effect July 1, 2006.


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