HB 869

1
A bill to be entitled
2An act relating to the state housing strategy; amending s.
3420.0003, F.S.; revising policy guidelines of the state
4housing strategy relating to new programs for housing
5production or rehabilitation to provide that the
6distribution of housing funds for multifamily rental
7housing should be designed to address the housing needs of
8persons most in need of housing and that a certain minimum
9percentage of housing units funded should be targeted to
10extremely low-income persons; amending s. 420.0004, F.S.;
11defining the term "extremely low-income persons"; amending
12ss. 163.31771, 196.1978, and 212.08, F.S.; conforming
13cross-references to changes made by the act; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (e) of subsection (3) of section
19420.0003, Florida Statutes, is amended to read:
20     420.0003  State housing strategy.--
21     (3)  POLICIES.--
22     (e)  Housing production or rehabilitation programs.--New
23programs for housing production or rehabilitation shall be
24developed in accordance with the following general guidelines as
25appropriate for the purpose of the specific program:
26     1.  State and local governments shall provide incentives to
27encourage the private sector to be the primary delivery vehicle
28for the development of affordable housing.
29     2.  State funds should be heavily leveraged to achieve the
30maximum local and private commitment of funds while achieving
31the program objectives.
32     3.  To the maximum extent possible, state funds should be
33expended to provide housing units rather than to support program
34administration.
35     4.  State money should be used, when possible, as loans
36rather than grants.
37     5.  State funds should be available only to local
38governments that provide incentives or financial assistance for
39housing.
40     6.  State funds should be made available only for projects
41which are consistent with the local government comprehensive
42plan.
43     7.  State funding for housing should not be made available
44to local governments whose comprehensive plans have been found
45not in compliance with chapter 163 and who have not entered into
46a stipulated settlement agreement with the Department of
47Community Affairs to bring the plan into compliance.
48     8.  Mixed income projects should be encouraged, to avoid a
49concentration of low-income residents in one area or project.
50     9.  Distribution of state housing funds should be flexible
51and consider the regional and local needs, resources, and
52capabilities of housing producers.
53     10.  Income levels used to determine program eligibility
54should be adjusted for family size in determining the
55eligibility of specific beneficiaries.
56     11.  To the maximum extent possible, state-owned lands that
57are appropriate for the development of affordable housing shall
58be made available for that purpose.
59     12.  Distribution of housing funds for multifamily rental
60housing should be designed to address the housing needs of
61persons most in need of housing, as identified by current
62housing needs data, and at least 30 percent of housing units
63funded should be targeted to extremely low-income persons. In
64order to reach this goal, the requirements to maximize leverage
65pursuant to subparagraph 2. and limit assistance to loans
66pursuant to subparagraph 4. shall be modified to encourage the
67development of units targeting extremely low-income persons.
68     Section 2.  Section 420.0004, Florida Statutes, is amended
69to read:
70     420.0004  Definitions.--As used in this part, unless the
71context otherwise indicates:
72     (1)  "Adjusted for family size" means adjusted in a manner
73which results in an income eligibility level which is lower for
74households with fewer than four people, or higher for households
75with more than four people, than the base income eligibility
76determined as provided in subsection (10) (9), subsection (11)
77(10), or subsection (15) (14), based upon a formula as
78established by the United States Department of Housing and Urban
79Development.
80     (2)  "Adjusted gross income" means all wages, assets,
81regular cash or noncash contributions or gifts from persons
82outside the household, and such other resources and benefits as
83may be determined to be income by the United States Department
84of Housing and Urban Development, adjusted for family size, less
85deductions allowable under s. 62 of the Internal Revenue Code.
86     (3)  "Affordable" means that monthly rents or monthly
87mortgage payments including taxes, insurance, and utilities do
88not exceed 30 percent of that amount which represents the
89percentage of the median adjusted gross annual income for the
90households as indicated in subsection (10) (9), subsection (11)
91(10), or subsection (15) (14).
92     (4)  "Corporation" means the Florida Housing Finance
93Corporation.
94     (5)  "Community-based organization" or "nonprofit
95organization" means a private corporation organized under
96chapter 617 to assist in the provision of housing and related
97services on a not-for-profit basis and which is acceptable to
98federal and state agencies and financial institutions as a
99sponsor of low-income housing.
100     (6)  "Department" means the Department of Community
101Affairs.
102     (7)  "Elderly" describes persons 62 years of age or older.
103     (8)  "Extremely low-income persons" means one or more
104natural persons or a family, not including students, the total
105annual adjusted gross household income of which does not exceed
10630 percent of the median annual adjusted gross income for
107households within the state or 30 percent of the median annual
108adjusted gross income for households within the metropolitan
109statistical area (MSA) or, if not within an MSA, within the
110county in which the person or family resides, whichever is
111greater.
112     (9)(8)  "Local public body" means any county, municipality,
113or other political subdivision, or any housing authority as
114provided by chapter 421, which is eligible to sponsor or develop
115housing for farmworkers and very-low-income and low-income
116persons within its jurisdiction.
117     (10)(9)  "Low-income persons" means one or more natural
118persons or a family, the total annual adjusted gross household
119income of which does not exceed 80 percent of the median annual
120adjusted gross income for households within the state, or 80
121percent of the median annual adjusted gross income for
122households within the metropolitan statistical area (MSA) or, if
123not within an MSA, within the county in which the person or
124family resides, whichever is greater.
125     (11)(10)  "Moderate-income persons" means one or more
126natural persons or a family, the total annual adjusted gross
127household income of which is less than 120 percent of the median
128annual adjusted gross income for households within the state, or
129120 percent of the median annual adjusted gross income for
130households within the metropolitan statistical area (MSA) or, if
131not within an MSA, within the county in which the person or
132family resides, whichever is greater.
133     (12)(11)  "Student" means any person not living with his or
134her parent or guardian who is eligible to be claimed by his or
135her parent or guardian as a dependent under the federal income
136tax code and who is enrolled on at least a half-time basis in a
137secondary school, career center, community college, college, or
138university.
139     (13)(12)  "Substandard" means:
140     (a)  Any unit lacking complete plumbing or sanitary
141facilities for the exclusive use of the occupants;
142     (b)  A unit which is in violation of one or more major
143sections of an applicable housing code and where such violation
144poses a serious threat to the health of the occupant; or
145     (c)  A unit that has been declared unfit for human
146habitation but that could be rehabilitated for less than 50
147percent of the property value.
148     (14)(13)  "Substantial rehabilitation" means repair or
149restoration of a dwelling unit where the value of such repair or
150restoration exceeds 40 percent of the value of the dwelling.
151     (15)(14)  "Very-low-income persons" means one or more
152natural persons or a family, not including students, the total
153annual adjusted gross household income of which does not exceed
15450 percent of the median annual adjusted gross income for
155households within the state, or 50 percent of the median annual
156adjusted gross income for households within the metropolitan
157statistical area (MSA) or, if not within an MSA, within the
158county in which the person or family resides, whichever is
159greater.
160     Section 3.  Paragraphs (d), (e), and (f) of subsection (2)
161of section 163.31771, Florida Statutes, are amended to read:
162     163.31771  Accessory dwelling units.--
163     (2)  As used in this section, the term:
164     (d)  "Low-income persons" has the same meaning as in s.
165420.0004(10)(9).
166     (e)  "Moderate-income persons" has the same meaning as in
167s. 420.0004(11)(10).
168     (f)  "Very-low-income persons" has the same meaning as in
169s. 420.0004(15)(14).
170     Section 4.  Section 196.1978, Florida Statutes, is amended
171to read:
172     196.1978  Affordable housing property exemption.--Property
173used to provide affordable housing serving eligible persons as
174defined by s. 159.603(7) and persons meeting income limits
175specified in s. 420.0004(10)(9), (11) (10), and (15) (14), which
176property is owned entirely by a nonprofit entity which is
177qualified as charitable under s. 501(c)(3) of the Internal
178Revenue Code and which complies with Rev. Proc. 96-32, 1996-1
179C.B. 717, shall be considered property owned by an exempt entity
180and used for a charitable purpose, and those portions of the
181affordable housing property which provide housing to individuals
182with incomes as defined in s. 420.0004(10)(9) and (15) (14)
183shall be exempt from ad valorem taxation to the extent
184authorized in s. 196.196. All property identified in this
185section shall comply with the criteria for determination of
186exempt status to be applied by property appraisers on an annual
187basis as defined in s. 196.195. The Legislature intends that any
188property owned by a limited liability company which is
189disregarded as an entity for federal income tax purposes
190pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
191treated as owned by its sole member.
192     Section 5.  Paragraph (o) of subsection (5) of section
193212.08, Florida Statutes, is amended to read:
194     212.08  Sales, rental, use, consumption, distribution, and
195storage tax; specified exemptions.--The sale at retail, the
196rental, the use, the consumption, the distribution, and the
197storage to be used or consumed in this state of the following
198are hereby specifically exempt from the tax imposed by this
199chapter.
200     (5)  EXEMPTIONS; ACCOUNT OF USE.--
201     (o)  Building materials in redevelopment projects.--
202     1.  As used in this paragraph, the term:
203     a.  "Building materials" means tangible personal property
204that becomes a component part of a housing project or a mixed-
205use project.
206     b.  "Housing project" means the conversion of an existing
207manufacturing or industrial building to housing units in an
208urban high-crime area, enterprise zone, empowerment zone, Front
209Porch Community, designated brownfield area, or urban infill
210area and in which the developer agrees to set aside at least 20
211percent of the housing units in the project for low-income and
212moderate-income persons or the construction in a designated
213brownfield area of affordable housing for persons described in
214s. 420.0004(10)(9), (11) (10), or (15) (14), or in s.
215159.603(7).
216     c.  "Mixed-use project" means the conversion of an existing
217manufacturing or industrial building to mixed-use units that
218include artists' studios, art and entertainment services, or
219other compatible uses. A mixed-use project must be located in an
220urban high-crime area, enterprise zone, empowerment zone, Front
221Porch Community, designated brownfield area, or urban infill
222area, and the developer must agree to set aside at least 20
223percent of the square footage of the project for low-income and
224moderate-income housing.
225     d.  "Substantially completed" has the same meaning as
226provided in s. 192.042(1).
227     2.  Building materials used in the construction of a
228housing project or mixed-use project are exempt from the tax
229imposed by this chapter upon an affirmative showing to the
230satisfaction of the department that the requirements of this
231paragraph have been met. This exemption inures to the owner
232through a refund of previously paid taxes. To receive this
233refund, the owner must file an application under oath with the
234department which includes:
235     a.  The name and address of the owner.
236     b.  The address and assessment roll parcel number of the
237project for which a refund is sought.
238     c.  A copy of the building permit issued for the project.
239     d.  A certification by the local building code inspector
240that the project is substantially completed.
241     e.  A sworn statement, under penalty of perjury, from the
242general contractor licensed in this state with whom the owner
243contracted to construct the project, which statement lists the
244building materials used in the construction of the project and
245the actual cost thereof, and the amount of sales tax paid on
246these materials. If a general contractor was not used, the owner
247shall provide this information in a sworn statement, under
248penalty of perjury. Copies of invoices evidencing payment of
249sales tax must be attached to the sworn statement.
250     3.  An application for a refund under this paragraph must
251be submitted to the department within 6 months after the date
252the project is deemed to be substantially completed by the local
253building code inspector. Within 30 working days after receipt of
254the application, the department shall determine if it meets the
255requirements of this paragraph. A refund approved pursuant to
256this paragraph shall be made within 30 days after formal
257approval of the application by the department. The provisions of
258s. 212.095 do not apply to any refund application made under
259this paragraph.
260     4.  The department shall establish by rule an application
261form and criteria for establishing eligibility for exemption
262under this paragraph.
263     5.  The exemption shall apply to purchases of materials on
264or after July 1, 2000.
265     Section 6.  This act shall take effect July 1, 2006.


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