Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 1375, 2nd Eng.
                        Barcode 722114
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (f) of subsection (6) of section
18  163.3177, Florida Statutes, is amended to read:
19         163.3177  Required and optional elements of
20  comprehensive plan; studies and surveys.--
21         (6)  In addition to the requirements of subsections
22  (1)-(5) and (12), the comprehensive plan shall include the
23  following elements:
24         (f)1.  A housing element consisting of standards,
25  plans, and principles to be followed in:
26         a.  The provision of housing for all current and
27  anticipated future residents of the jurisdiction.
28         b.  The elimination of substandard dwelling conditions.
29         c.  The structural and aesthetic improvement of
30  existing housing.
31         d.  The provision of adequate sites for future housing,
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 1  including affordable workforce housing as defined in s.
 2  380.0651(3)(j), housing for low-income, very low-income, and
 3  moderate-income families, mobile homes, and group home
 4  facilities and foster care facilities, with supporting
 5  infrastructure and public facilities.
 6         e.  Provision for relocation housing and identification
 7  of historically significant and other housing for purposes of
 8  conservation, rehabilitation, or replacement.
 9         f.  The formulation of housing implementation programs.
10         g.  The creation or preservation of affordable housing
11  to minimize the need for additional local services and avoid
12  the concentration of affordable housing units only in specific
13  areas of the jurisdiction.
14         h.  By July 1, 2008, each county in which the gap
15  between the buying power of a family of four and the median
16  county home sale price exceeds $170,000, as determined by the
17  Florida Housing Finance Corporation, and which is not
18  designated as an area of critical state concern shall adopt a
19  plan for ensuring affordable workforce housing. At a minimum,
20  the plan shall identify adequate sites for such housing. For
21  purposes of this sub-subparagraph, the term "workforce
22  housing" means housing that is affordable to natural persons
23  or families whose total household income does not exceed 140
24  percent of the area median income, adjusted for household
25  size.
26         i.  Failure by a local government to comply with the
27  requirement in sub-subparagraph h. will result in the local
28  government being ineligible to receive any state housing
29  assistance grants until the requirement of sub-subparagraph h.
30  is met.
31  
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    Bill No. CS/HB 1375, 2nd Eng.
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 1  The goals, objectives, and policies of the housing element
 2  must be based on the data and analysis prepared on housing
 3  needs, including the affordable housing needs assessment.
 4  State and federal housing plans prepared on behalf of the
 5  local government must be consistent with the goals,
 6  objectives, and policies of the housing element.  Local
 7  governments are encouraged to utilize job training, job
 8  creation, and economic solutions to address a portion of their
 9  affordable housing concerns.
10         2.  To assist local governments in housing data
11  collection and analysis and assure uniform and consistent
12  information regarding the state's housing needs, the state
13  land planning agency shall conduct an affordable housing needs
14  assessment for all local jurisdictions on a schedule that
15  coordinates the implementation of the needs assessment with
16  the evaluation and appraisal reports required by s. 163.3191.
17  Each local government shall utilize the data and analysis from
18  the needs assessment as one basis for the housing element of
19  its local comprehensive plan.  The agency shall allow a local
20  government the option to perform its own needs assessment, if
21  it uses the methodology established by the agency by rule.
22         Section 2.  Subsection (17) is added to section
23  163.3180, Florida Statutes, to read:
24         163.3180  Concurrency.--
25         (17)  A local government and the developer of
26  affordable workforce housing units developed in accordance
27  with s. 380.06(19) or s. 380.0651(3) may identify an
28  employment center or centers in close proximity to the
29  affordable workforce housing units. If at least 50 percent of
30  the units are occupied by an employee or employees of an
31  identified employment center or centers, all of the affordable
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 1  workforce housing units are exempt from transportation
 2  concurrency requirements and the local government may not
 3  reduce any transportation trip-generation entitlements of an
 4  approved development-of-regional-impact development order. As
 5  used in this subsection, the term "close proximity" means 5
 6  miles from the nearest point of the development of regional
 7  impact to the nearest point of the employment center and the
 8  term "employment center" means a place of employment that
 9  employs at least 25 or more full-time employees.
10         Section 3.  Subsection (19) is added to section
11  163.3184, Florida Statutes, to read:
12         163.3184  Process for adoption of comprehensive plan or
13  plan amendment.--
14         (19)  Any local government that identifies in its
15  comprehensive plan the types of housing developments and
16  conditions for which it will consider plan amendments that are
17  consistent with the local housing incentive strategies
18  identified in s. 420.9076 and authorized by the local
19  government, may expedite consideration of such plan
20  amendments. At least 30 days prior to adopting a plan
21  amendment pursuant to this subsection, the local government
22  shall notify the state land planning agency of its intent to
23  adopt such an amendment, and the notice shall include the
24  local government's evaluation of site suitability and
25  availability of facilities and services. A plan amendment
26  considered under this subsection shall require only a single
27  public hearing before the local governing body, which shall be
28  a plan amendment adoption hearing as described in subsection
29  (7). The public notice of the hearing required under
30  subparagraph (15)(b)2. must include a statement that the local
31  government intends to use the expedited adoption process
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    Bill No. CS/HB 1375, 2nd Eng.
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 1  authorized under this subsection. The state land planning
 2  agency shall issue its notice of intent required under
 3  subsection (8) within 30 days after determining that the
 4  amendment package is complete. Any further proceedings shall
 5  be governed by subsections (9) through (16).
 6         Section 4.  Paragraph (p) is added to subsection (1) of
 7  section 163.3187, Florida Statutes, to read:
 8         163.3187  Amendment of adopted comprehensive plan.--
 9         (1)  Amendments to comprehensive plans adopted pursuant
10  to this part may be made not more than two times during any
11  calendar year, except:
12         (p)  Any local government comprehensive plan amendment
13  that is consistent with the local housing incentive strategies
14  identified in s. 420.9076 and authorized by the local
15  government.
16         Section 5.  Subsection (14) is added to section
17  163.3191, Florida Statutes, to read:
18         163.3191  Evaluation and appraisal of comprehensive
19  plan.--
20         (14)  The requirement of subsection (10) prohibiting a
21  local government from adopting amendments to the local
22  comprehensive plan until the evaluation and appraisal report
23  update amendments have been adopted and transmitted to the
24  state land planning agency does not apply to a plan amendment
25  proposed for adoption by the appropriate local government as
26  defined in s. 163.3178(2)(k) in order to integrate a port
27  comprehensive master plan with the coastal management element
28  of the local comprehensive plan as required by s.
29  163.3178(2)(k) if the port comprehensive master plan or the
30  proposed plan amendment does not cause or contribute to the
31  failure of the local government to comply with the
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    Bill No. CS/HB 1375, 2nd Eng.
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 1  requirements of the evaluation and appraisal report.
 2         Section 6.  Sections 197.307, 197.3071, 197.3072,
 3  197.3073, 197.3074, 197.3075, 197.3076, 197.3077, 197.3078,
 4  and 197.3079, Florida Statutes, are created to read:
 5         197.307  Deferrals for ad valorem taxes and non-ad
 6  valorem assessments on affordable rental housing property.--
 7         (1)  A board of county commissioners or the governing
 8  authority of a municipality may adopt an ordinance to allow
 9  for ad valorem tax deferrals on affordable rental housing if
10  the owners are engaging in the operation, rehabilitation, or
11  renovation of such properties in accordance with the
12  guidelines provided in part VI of chapter 420.
13         (2)  The board of county commissioners or the governing
14  authority of a municipality may also, by ordinance, authorize
15  the deferral of non-ad valorem assessments, as defined in s.
16  197.3632, on affordable rental housing.
17         (3)  The ordinance must designate the percentage or
18  amount of the deferral and the type and location of affordable
19  rental housing property for which a deferral may be granted.
20  The ordinance may also require the property to be located
21  within a particular geographic area or areas of the county or
22  municipality.
23         (4)  The ordinance must specify that the deferral
24  applies only to taxes and assessments levied by the unit of
25  government granting the deferral. However, a deferral may not
26  be granted for taxes or non-ad valorem assessments levied for
27  the payment of bonds or for taxes authorized by a vote of the
28  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
29  Constitution.
30         (5)  The ordinance must specify that any deferral
31  granted remains in effect for the period for which it is
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 1  granted regardless of any change in the authority of the
 2  county or municipality to grant the deferral. In order to
 3  retain the deferral, however, the use and ownership of the
 4  property as affordable rental housing must be maintained over
 5  the period for which the deferral is granted.
 6         (6)  If an application for tax deferral is granted on
 7  property that is located in a community redevelopment area as
 8  defined in s. 163.340:
 9         (a)  The amount of taxes eligible for deferral must be
10  reduced, as provided for in paragraph (b), if:
11         1.  The community redevelopment agency has previously
12  issued instruments of indebtedness which are secured by
13  increment revenues on deposit in the community redevelopment
14  trust fund; and
15         2.  The instruments of indebtedness are associated with
16  the real property applying for the deferral.
17         (b)  The tax deferral does not apply to an amount of
18  taxes equal to the amount that must be deposited into the
19  community redevelopment trust fund by the entity granting the
20  deferral based upon the taxable value of the property upon
21  which the deferral is being granted. Once all instruments of
22  indebtedness that existed at the time the deferral was
23  originally granted are no longer outstanding or have otherwise
24  been defeased, this paragraph no longer applies.
25         (c)  If a portion of the taxes on a property are not
26  eligible for deferral as provided under paragraph (b), the
27  community redevelopment agency shall notify the property owner
28  and the tax collector 1 year before the debt instruments that
29  prevented such taxes from being deferred are no longer
30  outstanding or otherwise defeased.
31         (d)  The tax collector shall notify a community
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 1  redevelopment agency of any tax deferral that has been granted
 2  on property located within the agency's community
 3  redevelopment area.
 4         (e)  Issuance of debt obligation after the date a
 5  deferral has been granted does not reduce the amount of taxes
 6  eligible for deferral.
 7         (7)  The tax collector shall notify:
 8         (a)  The taxpayer of each parcel appearing on the real
 9  property assessment roll of the law allowing the deferral of
10  taxes, non-ad valorem assessments, and interest under ss.
11  197.307-197.3079. Such notice shall be printed on the back of
12  envelopes used to mail the notice of taxes as provided under
13  s. 197.322(3). Such notice shall read:
14  
15                    NOTICE TO TAXPAYERS OWNING
16                AFFORDABLE RENTAL HOUSING PROPERTY
17  
18         If your property meets certain conditions you
19         may qualify for a deferred tax payment plan on
20         your affordable rental housing property.  An
21         application to determine your eligibility is
22         available in the county tax collector's office.
23  
24         (b)  On or before November 1 of each year, the tax
25  collector shall notify each taxpayer for whom a tax deferral
26  has been previously granted of the accumulated sum of deferred
27  taxes, non-ad valorem assessments, and interest outstanding.
28         197.3071  Eligibility for tax deferral.--The tax
29  deferral authorized by this section is applicable only on a
30  prorata basis to the ad valorem taxes levied on residential
31  units within a property which meet the following conditions:
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 1         (1)  Units for which the monthly rent along with taxes,
 2  insurance, and utilities does not exceed 30 percent of the
 3  median adjusted gross annual income as defined in s. 420.0004
 4  for the households described in subsection (2).
 5         (2)  Units that are occupied by extremely-low-income
 6  persons, very-low-income persons, low-income persons, or
 7  moderate-income persons as these terms are defined in s.
 8  420.0004.
 9         197.3072  Deferral for affordable rental housing
10  properties.--
11         (1)  Any property owner in a jurisdiction that has
12  adopted an ad valorem tax-deferral ordinance or a deferral of
13  non-ad valorem assessments ordinance pursuant to s. 197.307
14  and who owns an eligible affordable rental housing property as
15  described in s. 197.3071 may apply for a deferral of payment
16  by filing an annual application for deferral with the county
17  tax collector on or before January 31 following the year in
18  which the taxes and non-ad valorem assessments are assessed.
19  The property owner has the burden to affirmatively demonstrate
20  compliance with the requirements of this section.
21         (2)  Approval by the tax collector defers that portion
22  of the combined total of ad valorem taxes and any non-ad
23  valorem assessments plus interest that are authorized to be
24  deferred by an ordinance enacted pursuant to s. 197.307.
25         (3)  Deferral may not be granted if:
26         (a)  The total amount of deferred taxes, non-ad valorem
27  assessments, and interest plus the total amount of all other
28  unsatisfied liens on the property exceeds 85 percent of the
29  assessed value of the property; or
30         (b)  The primary financing on the affordable rental
31  housing property is for an amount that exceeds 70 percent of
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 1  the assessed value of the property.
 2         (4)  The amount of taxes deferred, non-ad valorem
 3  assessments, and interest shall accrue interest at a rate
 4  equal to the annually compounded rate of 3 percent plus the
 5  Consumer Price Index for All Urban Consumers; however, the
 6  interest rate may not exceed 9.5 percent.
 7         (5)  The deferred taxes, non-ad valorem assessments,
 8  and interest constitute a prior lien on the affordable rental
 9  housing property and shall attach as of the date and in the
10  same manner and be collected as other liens for taxes as
11  provided for under this chapter, but such deferred taxes,
12  non-ad valorem assessments, and interest are due, payable, and
13  delinquent as provided in ss. 197.307-197.3079.
14         197.3073  Deferral application.--
15         (1)  The application for a deferral of ad valorem taxes
16  and non-ad valorem assessments must be made annually upon a
17  form prescribed by the department and furnished by the county
18  tax collector. The application form must be signed under oath
19  by the property owner applying for the deferral before an
20  officer authorized by the state to administer oaths. The
21  application form must provide notice to the property owner of
22  the manner in which interest is computed. The application form
23  must contain an explanation of the conditions to be met for
24  approval of the deferral and the conditions under which
25  deferred taxes, non-ad valorem assessments, and interest
26  become due, payable, and delinquent. Each application must
27  clearly state that all deferrals pursuant to this section
28  constitute a lien on the property for which the deferral is
29  granted. The tax collector may require the property owner to
30  submit any other evidence and documentation considered
31  necessary by the tax collector in reviewing the application.
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 1         (2)  The tax collector shall consider and render his or
 2  her findings, determinations, and decision on each annual
 3  application for a deferral for affordable rental housing
 4  within 45 days after the date the application is filed. The
 5  tax collector shall exercise reasonable discretion based upon
 6  applicable information available under this section. The
 7  determinations and findings of the tax collector are not quasi
 8  judicial and are subject exclusively to review by the value
 9  adjustment board as provided by this section. A tax collector
10  who finds that a property owner is entitled to the deferral
11  shall approve the application and file the application in the
12  permanent records.
13         (a)  A tax collector who finds that a property owner is
14  not entitled to the deferral shall send a notice of
15  disapproval within 45 days after the date the application is
16  filed, giving reasons for the disapproval. The notice must be
17  sent by personal delivery or registered mail to the mailing
18  address given by the property owner in the manner in which the
19  original notice was served upon the property owner and must be
20  filed among the permanent records of the tax collector's
21  office. The original notice of disapproval sent to the
22  property owner shall advise the property owner of the right to
23  appeal the decision of the tax collector to the value
24  adjustment board and provide the procedures for filing an
25  appeal.
26         (b)  An appeal by the property owner of the decision of
27  the tax collector to deny the deferral must be submitted to
28  the value adjustment board on a form prescribed by the
29  department and furnished by the tax collector. The appeal must
30  be filed with the value adjustment board within 20 days after
31  the applicant's receipt of the notice of disapproval, and the
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 1  board must approve or disapprove the appeal within 30 days
 2  after receipt of the appeal. The value adjustment board shall
 3  review the application and the evidence presented to the tax
 4  collector upon which the property owner based a claim for
 5  deferral and, at the election of the property owner, shall
 6  hear the property owner in person, or by agent on the property
 7  owner's behalf, concerning his or her right to the deferral.
 8  The value adjustment board shall reverse the decision of the
 9  tax collector and grant a deferral to the property owner if,
10  in its judgment, the property owner is entitled to the
11  deferral or shall affirm the decision of the tax collector.
12  Action by the value adjustment board is final unless the
13  property owner or tax collector or other lienholder, within 15
14  days after the date of disapproval of the application by the
15  board, files for a de novo proceeding for a declaratory
16  judgment or other appropriate proceeding in the circuit court
17  of the county in which the property is located.
18         (3)  Each application for deferral must contain a list
19  of, and the current value of, all outstanding liens on the
20  property for which a deferral is requested.
21         (4)  For approved applications, the date the deferral
22  application is received by the tax collector shall be the date
23  used in calculating taxes due and payable at the expiration of
24  the tax deferral net of discounts for early payment.
25         (5)  If proof has not been furnished with a prior
26  application, each property owner shall furnish proof of fire
27  and extended coverage insurance in an amount that is in excess
28  of the sum of all outstanding liens including a lien for the
29  deferred taxes, non-ad valorem assessments, and interest with
30  a loss payable clause to the county tax collector.
31         (6)  The tax collector shall notify the property
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 1  appraiser in writing of those parcels for which taxes or
 2  assessments have been deferred.
 3         (7)  The property appraiser shall promptly notify the
 4  tax collector of changes in ownership or use of properties
 5  that have been granted a deferral.
 6         (8)  The property owner shall promptly notify the tax
 7  collector of changes in ownership or use of properties that
 8  have been granted tax deferrals.
 9         197.3074  Deferred payment tax certificates.--
10         (1)  The tax collector shall notify each local
11  governing body of the amount of taxes and non-ad valorem
12  assessments deferred which would otherwise have been collected
13  for the governing body. The tax collector shall, at the time
14  of the tax certificate sale held under s. 197.432 strike each
15  certificate off to the county. Certificates issued under this
16  section are exempt from the public sale of tax certificates
17  held pursuant to s. 197.432.
18         (2)  The certificates held by the county shall bear
19  interest at a rate equal to the annually compounded rate of 3
20  percent plus the Consumer Price Index for All Urban Consumers;
21  however, the interest rate may not exceed 9.5 percent.
22         197.3075  Change in use or ownership of property.--
23         (1)  If there is a change in use or ownership of the
24  property that has been granted an ad valorem tax or non-ad
25  valorem assessment deferral such that the property owner is no
26  longer entitled to claim the property as an affordable rental
27  housing property, or if there is a change in the legal or
28  beneficial ownership of the property, or if the owner fails to
29  maintain the required fire and extended insurance coverage,
30  the total amount of deferred taxes, non-ad valorem
31  assessments, and interest for all previous years becomes due
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 1  and payable November 1 of the year in which the change in use
 2  or ownership occurs or on the date failure to maintain
 3  insurance occurs, and is delinquent on April 1 of the year
 4  following the year in which the change in use or ownership or
 5  failure to maintain insurance occurs.
 6         (2)  Whenever the property appraiser discovers that
 7  there has been a change in the use or ownership of the
 8  property that has been granted a deferral, the property
 9  appraiser shall notify the tax collector in writing of the
10  date such change occurs, and the tax collector shall collect
11  any taxes, non-ad valorem assessments, and interest due or
12  delinquent.
13         (3)  During any year in which the total amount of
14  deferred taxes, non-ad valorem assessments, interest, and all
15  other unsatisfied liens on the property exceeds 85 percent of
16  the assessed value of the property, the tax collector shall
17  immediately notify the property owner that the portion of
18  taxes, non-ad valorem assessments, and interest which exceeds
19  85 percent of the assessed value of the property is due and
20  payable within 30 days after receipt of the notice. Failure to
21  pay the amount due shall cause the total amount of deferred
22  taxes, non-ad valorem assessments, and interest to become
23  delinquent.
24         (4)  If on or before June 1 following the date the
25  taxes deferred under this subsection become delinquent, the
26  tax collector shall sell a tax certificate for the delinquent
27  taxes and interest in the manner provided by s. 197.432.
28         197.3076  Prepayment of deferred taxes and non-ad
29  valorem assessments.--
30         (1)  All or part of the deferred taxes, non-ad valorem
31  assessments, and accrued interest may at any time be paid to
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 1  the tax collector by:
 2         (a)  The property owner; or
 3         (b)  The property owner's next of kin, heir, child, or
 4  any person having or claiming a legal or equitable interest in
 5  the property, if an objection is not made by the owner within
 6  30 days after the tax collector notifies the property owner of
 7  the fact that such payment has been tendered.
 8         (2)  Any partial payment made pursuant to this section
 9  shall be applied first to accrued interest.
10         197.3077  Distribution of payments.--When any deferred
11  tax, non-ad valorem assessment, or interest is collected, the
12  tax collector shall maintain a record of the payment, setting
13  forth a description of the property and the amount of taxes or
14  interest collected for the property. The tax collector shall
15  distribute payments received in accordance with the procedures
16  for distributing ad valorem taxes, non-ad valorem assessments,
17  or redemption moneys as prescribed in this chapter.
18         197.3078  Construction.--This section does not prevent
19  the collection of personal property taxes that become a lien
20  against tax-deferred property, or defer payment of special
21  assessments to benefited property other than those
22  specifically allowed to be deferred, or affect any provision
23  of any mortgage or other instrument relating to property
24  requiring a person to pay ad valorem taxes or non-ad valorem
25  assessments.
26         197.3079  Penalties.--
27         (1)  The following penalties shall be imposed on any
28  person who willfully files information required under this
29  section which is incorrect:
30         (a)  The person shall pay the total amount of deferred
31  taxes, non-ad valorem assessments, and interest which shall
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 1  immediately become due;
 2         (b)  The person shall be disqualified from filing a
 3  tax-deferral application for the next 3 years; and
 4         (c)  The person shall pay a penalty of 25 percent of
 5  the total amount of taxes, non-ad valorem assessments, and
 6  interest deferred.
 7         (2)  Any person against whom penalties have been
 8  imposed may appeal to the value adjustment board within 30
 9  days after the date the penalties were imposed.
10         Section 7.  Subsection (4) is added to section
11  253.0341, Florida Statutes, to read:
12         253.0341  Surplus of state-owned lands to counties or
13  local governments.--Counties and local governments may submit
14  surplusing requests for state-owned lands directly to the
15  board of trustees. County or local government requests for the
16  state to surplus conservation or nonconservation lands,
17  whether for purchase or exchange, shall be expedited
18  throughout the surplusing process. Property jointly acquired
19  by the state and other entities shall not be surplused without
20  the consent of all joint owners.
21         (4)  Notwithstanding the requirements of this section
22  and the requirements of s. 253.034 which provides a surplus
23  process for the disposal of state lands, the board shall
24  convey to Miami-Dade County title to the property on which the
25  Graham Building, which houses the offices of the Miami-Dade
26  State Attorney, is located. By January 1, 2008, the board
27  shall convey fee simple title to the property to Miami-Dade
28  County for a consideration of one dollar. The deed conveying
29  title to Miami-Dade County must contain restrictions that
30  limit the use of the property for the purpose of providing
31  workforce housing as defined in s. 420.5095, and to house the
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 1  offices of the Miami-Dade State Attorney. Employees of the
 2  Miami-Dade State Attorney and the Miami-Dade Public Defender
 3  who apply for and meet the income qualifications for workforce
 4  housing shall receive preference over other qualified
 5  applicants.
 6         Section 8.  Paragraphs (c) and (e) of subsection (19)
 7  of section 380.06, Florida Statutes, are amended to read:
 8         380.06  Developments of regional impact.--
 9         (19)  SUBSTANTIAL DEVIATIONS.--
10         (c)  An extension of the date of buildout of a
11  development, or any phase thereof, by more than 7 years shall
12  be presumed to create a substantial deviation subject to
13  further development-of-regional-impact review. An extension of
14  the date of buildout, or any phase thereof, of more than 5
15  years but not more than 7 years shall be presumed not to
16  create a substantial deviation. The extension of the date of
17  buildout of an areawide development of regional impact by more
18  than 5 years but less than 10 years is presumed not to create
19  a substantial deviation. These presumptions may be rebutted by
20  clear and convincing evidence at the public hearing held by
21  the local government. An extension of 5 years or less is not a
22  substantial deviation. For the purpose of calculating when a
23  buildout or phase date has been exceeded, the time shall be
24  tolled during the pendency of administrative or judicial
25  proceedings relating to development permits. Any extension of
26  the buildout date of a project or a phase thereof shall
27  automatically extend the commencement date of the project, the
28  termination date of the development order, the expiration date
29  of the development of regional impact, and the phases thereof
30  if applicable by a like period of time. In recognition of the
31  2007 real estate market conditions, all phase, buildout, and
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 1  expiration dates for projects that are developments of
 2  regional impact and under active construction on July 1, 2007,
 3  are extended for 3 years regardless of any prior extension.
 4  The 3-year extension is not a substantial deviation, is not
 5  subject to further development-of-regional-impact review, and
 6  must not be considered when determining whether a subsequent
 7  extension is a substantial deviation under this subsection.
 8         Section 9.  Paragraph (f) of subsection (3) of section
 9  380.0651, Florida Statutes, is amended to read:
10         380.0651  Statewide guidelines and standards.--
11         (3)  The following statewide guidelines and standards
12  shall be applied in the manner described in s. 380.06(2) to
13  determine whether the following developments shall be required
14  to undergo development-of-regional-impact review:
15         (f)  Hotel or motel development.--
16         1.  Any proposed hotel or motel development that is
17  planned to create or accommodate 350 or more units; or
18         2.  Any proposed hotel or motel development that is
19  planned to create or accommodate 750 or more units, in a
20  county with a population greater than 500,000, and only in a
21  geographic area specifically designated as highly suitable for
22  increased threshold intensity in the approved local
23  comprehensive plan and in the strategic regional policy plan.
24         (e)1.  Except for a development order rendered pursuant
25  to subsection (22) or subsection (25), a proposed change to a
26  development order that individually or cumulatively with any
27  previous change is less than any numerical criterion contained
28  in subparagraphs (b)1.-13. and does not exceed any other
29  criterion, or that involves an extension of the buildout date
30  of a development, or any phase thereof, of less than 5 years
31  is not subject to the public hearing requirements of
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 1  subparagraph (f)3., and is not subject to a determination
 2  pursuant to subparagraph (f)5. Notice of the proposed change
 3  shall be made to the regional planning council and the state
 4  land planning agency. Such notice shall include a description
 5  of previous individual changes made to the development,
 6  including changes previously approved by the local government,
 7  and shall include appropriate amendments to the development
 8  order.
 9         2.  The following changes, individually or cumulatively
10  with any previous changes, are not substantial deviations:
11         a.  Changes in the name of the project, developer,
12  owner, or monitoring official.
13         b.  Changes to a setback that do not affect noise
14  buffers, environmental protection or mitigation areas, or
15  archaeological or historical resources.
16         c.  Changes to minimum lot sizes.
17         d.  Changes in the configuration of internal roads that
18  do not affect external access points.
19         e.  Changes to the building design or orientation that
20  stay approximately within the approved area designated for
21  such building and parking lot, and which do not affect
22  historical buildings designated as significant by the Division
23  of Historical Resources of the Department of State.
24         f.  Changes to increase the acreage in the development,
25  provided that no development is proposed on the acreage to be
26  added.
27         g.  Changes to eliminate an approved land use, provided
28  that there are no additional regional impacts.
29         h.  Changes required to conform to permits approved by
30  any federal, state, or regional permitting agency, provided
31  that these changes do not create additional regional impacts.
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 1         i.  Any renovation or redevelopment of development
 2  within a previously approved development of regional impact
 3  which does not change land use or increase density or
 4  intensity of use.
 5         j.  Changes that modify boundaries and configuration of
 6  areas described in subparagraph (b)14. due to science-based
 7  refinement of such areas by survey, by habitat evaluation, by
 8  other recognized assessment methodology, or by an
 9  environmental assessment. In order for changes to qualify
10  under this sub-subparagraph, the survey, habitat evaluation,
11  or assessment must occur prior to the time a conservation
12  easement protecting such lands is recorded and must not result
13  in any net decrease in the total acreage of the lands
14  specifically set aside for permanent preservation in the final
15  development order.
16         k.  Changes to permit the sale of an affordable housing
17  unit to a person who earns less than 120 percent of the area
18  median income, provided the developer actively markets the
19  unit for a minimum period of 6 months, is unable to close a
20  sale to a qualified buyer in a lower income qualified income
21  class, a certificate of occupancy is issued for the unit, and
22  the developer proposes to sell the unit to a person who earns
23  less than 120 percent of the area median income at a purchase
24  price that is no greater than the purchase price at which the
25  unit was originally marketed to a lower income qualified
26  class. This provision may not be applied to residential units
27  approved pursuant to subparagraph (b)7. or paragraph (i), and
28  shall expire on July 1, 2009.
29         l.k.  Any other change which the state land planning
30  agency, in consultation with the regional planning council,
31  agrees in writing is similar in nature, impact, or character
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 1  to the changes enumerated in sub-subparagraphs a.-j. and which
 2  does not create the likelihood of any additional regional
 3  impact.
 4  
 5  This subsection does not require the filing of a notice of
 6  proposed change but shall require an application to the local
 7  government to amend the development order in accordance with
 8  the local government's procedures for amendment of a
 9  development order. In accordance with the local government's
10  procedures, including requirements for notice to the applicant
11  and the public, the local government shall either deny the
12  application for amendment or adopt an amendment to the
13  development order which approves the application with or
14  without conditions. Following adoption, the local government
15  shall render to the state land planning agency the amendment
16  to the development order. The state land planning agency may
17  appeal, pursuant to s. 380.07(3), the amendment to the
18  development order if the amendment involves sub-subparagraph
19  g., sub-subparagraph h., sub-subparagraph j., or
20  sub-subparagraph k. , or sub-subparagraph l., and it believes
21  the change creates a reasonable likelihood of new or
22  additional regional impacts.
23         3.  Except for the change authorized by
24  sub-subparagraph 2.f., any addition of land not previously
25  reviewed or any change not specified in paragraph (b) or
26  paragraph (c) shall be presumed to create a substantial
27  deviation. This presumption may be rebutted by clear and
28  convincing evidence.
29         4.  Any submittal of a proposed change to a previously
30  approved development shall include a description of individual
31  changes previously made to the development, including changes
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 1  previously approved by the local government. The local
 2  government shall consider the previous and current proposed
 3  changes in deciding whether such changes cumulatively
 4  constitute a substantial deviation requiring further
 5  development-of-regional-impact review.
 6         5.  The following changes to an approved development of
 7  regional impact shall be presumed to create a substantial
 8  deviation. Such presumption may be rebutted by clear and
 9  convincing evidence.
10         a.  A change proposed for 15 percent or more of the
11  acreage to a land use not previously approved in the
12  development order. Changes of less than 15 percent shall be
13  presumed not to create a substantial deviation.
14         b.  Notwithstanding any provision of paragraph (b) to
15  the contrary, a proposed change consisting of simultaneous
16  increases and decreases of at least two of the uses within an
17  authorized multiuse development of regional impact which was
18  originally approved with three or more uses specified in s.
19  380.0651(3)(c), (d), (e), and (f) and residential use.
20         Section 10.  Subsection (2) of section 420.504, Florida
21  Statutes, is amended to read:
22         420.504  Public corporation; creation, membership,
23  terms, expenses.--
24         (2)  The corporation is constituted as a public
25  instrumentality, and the exercise by the corporation of the
26  power conferred by this act is considered to be the
27  performance of an essential public function. The corporation
28  is shall constitute an agency for the purposes of s. 120.52
29  and is a state agency for purposes of s. 159.807(4). The
30  corporation is subject to chapter 119, subject to exceptions
31  applicable to the corporation, and to the provisions of
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 1  chapter 286; however, the corporation shall be entitled to
 2  provide notice of internal review committee meetings for
 3  competitive proposals or procurement to applicants by mail, or
 4  facsimile, or publication on an Internet website, rather than
 5  by means of publication. The corporation is not governed by
 6  chapter 607 or chapter 617, but by the provisions of this
 7  part. If for any reason the establishment of the corporation
 8  is deemed in violation of law, such provision is severable and
 9  the remainder of this act remains in full force and effect.
10         Section 11.  Section 420.506, Florida Statutes, is
11  amended to read:
12         420.506  Executive director; agents and employees.--The
13  appointment and removal of an executive director shall be by
14  the Secretary of Community Affairs, with the advice and
15  consent of the corporation's board of directors. The executive
16  director shall employ legal and technical experts and such
17  other agents and employees, permanent and temporary, as the
18  corporation may require, and shall communicate with and
19  provide information to the Legislature with respect to the
20  corporation's activities. The board is authorized,
21  notwithstanding the provisions of s. 216.262, to develop and
22  implement rules regarding the employment of employees of the
23  corporation and service providers, including legal counsel.
24  The corporation is authorized to enter into a lease agreement
25  with the Department of Management Services or the Department
26  of Community Affairs for the lease of state employees from
27  such entities, wherein an employee shall retain his or her
28  status as a state employee but shall work under the direct
29  supervision of the corporation, and shall retain the right to
30  participate in the Florida Retirement System. The board of
31  directors of the corporation is entitled to establish travel
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 1  procedures and guidelines for employees of the corporation.
 2  The executive director's office and the corporation's files
 3  and records must be located in Leon County.
 4         Section 12.  Section 420.5061, Florida Statutes, is
 5  amended to read:
 6         420.5061  Transfer of agency assets and
 7  liabilities.--Effective January 1, 1998, all assets and
 8  liabilities and rights and obligations, including any
 9  outstanding contractual obligations, of the agency shall be
10  transferred to The corporation is the as legal successor in
11  all respects to the agency, is. the corporation shall
12  thereupon become obligated to the same extent as the agency
13  under any existing agreements existing on December 31, 1997,
14  and is be entitled to any rights and remedies previously
15  afforded the agency by law or contract, including specifically
16  the rights of the agency under chapter 201 and part VI of
17  chapter 159. The corporation is a state agency for purposes of
18  s. 159.807(4)(a). Effective January 1, 1998, all references
19  under Florida law to the agency are deemed to mean the
20  corporation. The corporation shall transfer to the General
21  Revenue Fund an amount which otherwise would have been
22  deducted as a service charge pursuant to s. 215.20(1) if the
23  Florida Housing Finance Corporation Fund established by s.
24  420.508(5), the State Apartment Incentive Loan Fund
25  established by s. 420.5087(7), the Florida Homeownership
26  Assistance Fund established by s. 420.5088(4), the HOME
27  Investment Partnership Fund established by s. 420.5089(1), and
28  the Housing Predevelopment Loan Fund established by s.
29  420.525(1) were each trust funds. For purposes of s. 112.313,
30  the corporation is deemed to be a continuation of the agency,
31  and the provisions thereof are deemed to apply as if the same
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 1  entity remained in place. Any employees of the agency and
 2  agency board members covered by s. 112.313(9)(a)6. shall
 3  continue to be entitled to the exemption in that subparagraph,
 4  notwithstanding being hired by the corporation or appointed as
 5  board members of the corporation. Effective January 1, 1998,
 6  all state property in use by the agency shall be transferred
 7  to and become the property of the corporation.
 8         Section 13.  Subsection (46) is added to section
 9  420.507, Florida Statutes, to read:
10         420.507  Powers of the corporation.--The corporation
11  shall have all the powers necessary or convenient to carry out
12  and effectuate the purposes and provisions of this part,
13  including the following powers which are in addition to all
14  other powers granted by other provisions of this part:
15         (46)  To require, as a condition of financing a
16  multifamily rental project, that an agreement be recorded in
17  the official records of the county where the real property is
18  located, which requires that the project be used for housing
19  defined as affordable in s. 420.0004(3) by persons defined in
20  420.0004(8), (10), (11), and (15). Such an agreement is a
21  state land use regulation that limits the highest and best use
22  of the property within the meaning of s. 193.011(2).
23         Section 14.  Subsection (3) of section 420.5087,
24  Florida Statutes, is amended to read:
25         420.5087  State Apartment Incentive Loan
26  Program.--There is hereby created the State Apartment
27  Incentive Loan Program for the purpose of providing first,
28  second, or other subordinated mortgage loans or loan
29  guarantees to sponsors, including for-profit, nonprofit, and
30  public entities, to provide housing affordable to
31  very-low-income persons.
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 1         (3)  During the first 6 months of loan or loan
 2  guarantee availability, program funds shall be reserved for
 3  use by sponsors who provide the housing set-aside required in
 4  subsection (2) for the tenant groups designated in this
 5  subsection. The reservation of funds to each of these groups
 6  shall be determined using the most recent statewide
 7  very-low-income rental housing market study available at the
 8  time of publication of each notice of fund availability
 9  required by paragraph (6)(b). The reservation of funds within
10  each notice of fund availability to the tenant groups in
11  paragraphs (a), (b), and (d) may not be less than 10 percent
12  of the funds available at that time. Any increase in funding
13  required to reach the 10-percent minimum must shall be taken
14  from the tenant group that has the largest reservation. The
15  reservation of funds within each notice of fund availability
16  to the tenant group in paragraph (c) may not be less than 5
17  percent of the funds available at that time. The tenant groups
18  are:
19         (a)  Commercial fishing workers and farmworkers;
20         (b)  Families;
21         (c)  Persons who are homeless; and
22         (d)  Elderly persons. Ten percent of the amount
23  reserved for the elderly shall be reserved to provide loans to
24  sponsors of housing for the elderly for the purpose of making
25  building preservation, health, or sanitation repairs or
26  improvements which are required by federal, state, or local
27  regulation or code, or lifesafety or security-related repairs
28  or improvements to such housing. Such a loan may not exceed
29  $750,000 per housing community for the elderly. In order to
30  receive the loan, the sponsor of the housing community must
31  make a commitment to match at least 5 percent of the loan
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 1  amount to pay the cost of such repair or improvement. The
 2  corporation shall establish the rate of interest on the loan,
 3  which may not exceed 3 percent, and the term of the loan,
 4  which may not exceed 15 years; however, if the lien of the
 5  corporation's encumbrance is subordinate to the lien of
 6  another mortgagee, then the term may be made coterminous with
 7  the longest term of the superior lien. The term of the loan
 8  shall be based on established on the basis of a credit
 9  analysis of the applicant. The corporation may forgive
10  indebtedness for a share of the loan attributable to the units
11  in a project reserved for extremely-low-income elderly by
12  nonprofit organizations, as defined in s. 420.0004(5), where
13  the project has provided affordable housing to the elderly for
14  15 years or more. The corporation shall establish, by rule,
15  the procedure and criteria for receiving, evaluating, and
16  competitively ranking all applications for loans under this
17  paragraph. A loan application must include evidence of the
18  first mortgagee's having reviewed and approved the sponsor's
19  intent to apply for a loan. A nonprofit organization or
20  sponsor may not use the proceeds of the loan to pay for
21  administrative costs, routine maintenance, or new
22  construction.
23         Section 15.  Section 420.5095, Florida Statutes, is
24  amended to read:
25         420.5095  Community Workforce Housing Innovation Pilot
26  Program.--
27         (1)  The Legislature finds and declares that recent
28  rapid increases in the median purchase price of a home and the
29  cost of rental housing have far outstripped the increases in
30  median income in the state, preventing essential services
31  personnel from living in the communities where they serve and
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 1  thereby creating the need for innovative solutions for the
 2  provision of housing opportunities for essential services
 3  personnel.
 4         (2)  The Community Workforce Housing Innovation Pilot
 5  Program is created to provide affordable rental and home
 6  ownership community workforce housing for essential services
 7  personnel affected by the high cost of housing, using
 8  regulatory incentives and state and local funds to promote
 9  local public-private partnerships and leverage government and
10  private resources.
11         (3)  For purposes of this section, the term following
12  definitions apply:
13         (a)  "Workforce housing" means housing affordable to
14  natural persons or families whose total annual household
15  income does not exceed 140 percent of the area median income,
16  adjusted for household size, or 150 percent of area median
17  income, adjusted for household size, in areas of critical
18  state concern designated under s. 380.05, for which the
19  Legislature has declared its intent to provide affordable
20  housing, and areas that were designated as areas of critical
21  state concern for at least 20 consecutive years prior to
22  removal of the designation.
23         (b)  "Essential services personnel" means persons in
24  need of affordable housing who are employed in occupations or
25  professions in which they are considered essential services
26  personnel, as defined by each county and eligible municipality
27  within its respective local housing assistance plan pursuant
28  to s. 420.9075(3)(a).
29         (c)  "Public-private partnership" means any form of
30  business entity that includes substantial involvement of at
31  least one county, one municipality, or one public sector
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 1  entity, such as a school district or other unit of local
 2  government in which the project is to be located, and at least
 3  one private sector for-profit or not-for-profit business or
 4  charitable entity, and may be any form of business entity,
 5  including a joint venture or contractual agreement.
 6         (4)  The Florida Housing Finance Corporation is
 7  authorized to provide Community Workforce Housing Innovation
 8  Pilot Program loans to an applicant for construction or
 9  rehabilitation of workforce housing in eligible areas. The
10  corporation shall establish a funding process and selection
11  criteria by rule or request for proposals. This funding is
12  intended to be used with other public and private sector
13  resources.
14         (5)  The corporation shall establish a loan application
15  process by rule which includes selection criteria, an
16  application review process, and a funding process. The
17  corporation shall also establish an application review
18  committee that may include up to three private citizens
19  representing the areas of housing or real estate development,
20  banking, community planning, or other areas related to the
21  development or financing of workforce and affordable housing.
22         (a)  The selection criteria and application review
23  process must include a procedure for curing errors in the loan
24  applications which do not make a substantial change to the
25  proposed project.
26         (b)  To achieve the goals of the pilot program, the
27  application review committee may approve or reject loan
28  applications or responses to questions raised during the
29  review of an application due to the insufficiency of
30  information provided.
31         (c)  The application review committee shall make
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 1  recommendations concerning program participation and funding
 2  to the corporation's board of directors.
 3         (d)  The board of directors shall approve or reject
 4  loan applications, determine the tentative loan amount
 5  available to each applicant, and rank all approved
 6  applications.
 7         (e)  The board of directors shall decide which approved
 8  applicants will become program participants and determine the
 9  maximum loan amount for each program participant.
10         (6)(5)  The corporation shall provide incentives for
11  local governments in eligible areas to use local affordable
12  housing funds, such as those from the State Housing
13  Initiatives Partnership Program, to assist in meeting the
14  affordable housing needs of persons eligible under this
15  program. Local governments are authorized to use State Housing
16  Initiative Partnership Program funds for persons or families
17  whose total annual household income does not exceed:
18         (a)  One hundred and forty percent of the area median
19  income, adjusted for household size; or
20         (b)  One hundred and fifty percent of the area median
21  income, adjusted for household size, in areas that were
22  designated as areas of critical state concern for at least 20
23  consecutive years prior to the removal of the designation and
24  in areas of critical state concern, designated under s.
25  380.05, for which the Legislature has declared its intent to
26  provide affordable housing.
27         (7)(6)  Funding shall be targeted to innovative
28  projects in areas where the disparity between the area median
29  income and the median sales price for a single-family home is
30  greatest, and for projects in areas where population growth as
31  a percentage rate of increase is greatest. The corporation may
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 1  also fund projects in areas where innovative regulatory and
 2  financial incentives are made available. The corporation shall
 3  fund at least one eligible project in as many counties and
 4  regions of the state as is practicable, consistent with
 5  program goals as possible.
 6         (8)(7)  Projects shall receive priority consideration
 7  for funding where:
 8         (a)  The local jurisdiction has adopted, or is
 9  committed to adopting, adopts appropriate regulatory
10  incentives, or the local jurisdiction or public-private
11  partnership has adopted or is committed to adopting local
12  contributions or financial strategies, or other funding
13  sources to promote the development and ongoing financial
14  viability of such projects. Local incentives include such
15  actions as expediting review of development orders and
16  permits, supporting development near transportation hubs and
17  major employment centers, and adopting land development
18  regulations designed to allow flexibility in densities, use of
19  accessory units, mixed-use developments, and flexible lot
20  configurations. Financial strategies include such actions as
21  promoting employer-assisted housing programs, providing tax
22  increment financing, and providing land.
23         (b)  Projects are innovative and include new
24  construction or rehabilitation;, mixed-income housing;, or
25  commercial and housing mixed-use elements; innovative design,
26  green building principles; storm-resistant construction; or
27  other elements that reduce long-term costs relating to
28  maintenance, utilities, or insurance and those that promote
29  homeownership. The program funding may shall not exceed the
30  costs attributable to the portion of the project that is set
31  aside to provide housing for the targeted population.
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 1         (c)  Projects that set aside at least 80 percent of
 2  units for workforce housing and at least 50 percent for
 3  essential services personnel and for projects that require the
 4  least amount of program funding compared to the overall
 5  housing costs for the project.
 6         (9)(8)  Notwithstanding the provisions of s.
 7  163.3184(3)-(6), any local government comprehensive plan
 8  amendment to implement a Community Workforce Housing
 9  Innovation Pilot Program project found consistent with the
10  provisions of this section shall be expedited as provided in
11  this subsection. At least 30 days prior to adopting a plan
12  amendment under pursuant to this subsection, the local
13  government shall notify the state land planning agency of its
14  intent to adopt such an amendment, and the notice shall
15  include its evaluation related to site suitability and
16  availability of facilities and services. The public notice of
17  the hearing required by s. 163.3184(15)(b)2. s.
18  163.3184(15)(e) shall include a statement that the local
19  government intends to use utilize the expedited adoption
20  process authorized by this subsection. Such amendments shall
21  require only a single public hearing before the governing
22  board, which shall be an adoption hearing as described in s.
23  163.3184(7)., and The state land planning agency shall issue
24  its notice of intent pursuant to s. 163.3184(8) within 30 days
25  after determining that the amendment package is complete. Any
26  further proceedings shall be governed by ss. 163.3184(9)-(16).
27  Amendments proposed under this section are not subject to s.
28  163.3187(1), which limits the adoption of a comprehensive plan
29  amendment to no more than two times during any calendar year.
30         (10)  The processing of approvals of development orders
31  or development permits, as defined in s. 163.3164(7) and (8),
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 1  for innovative community workforce housing projects shall be
 2  expedited.
 3         (11)(9)  The corporation shall award loans with
 4  interest rates set at 1 to 3 percent, which may be made
 5  forgivable when long-term affordability is provided and when
 6  at least 80 percent of the units are set aside for workforce
 7  housing and at least 50 percent of the units are set aside for
 8  essential services personnel.
 9         (12)(10)  All eligible applications shall:
10         (a)  For home ownership, limit the sales price of a
11  detached unit, townhome, or condominium unit to not more than
12  90 80 percent of the median sales price for that type of unit
13  in that county, or the statewide median sales price for that
14  type of unit, whichever is higher, and require that all
15  eligible purchasers of home ownership units occupy the homes
16  as their primary residence.
17         (b)  For rental units, restrict rents for all workforce
18  housing serving those with incomes at or below 120 percent of
19  area median income at the appropriate income level using the
20  restricted rents for the federal low-income housing tax credit
21  program and, for workforce housing units serving those with
22  incomes above 120 percent of area median income, restrict
23  rents to those established by the corporation, not to exceed
24  30 percent of the maximum household income adjusted to unit
25  size.
26         (c)  Demonstrate that the applicant is a public-private
27  partnership in an agreement, contract, partnership agreement,
28  memorandum of understanding, or other written instrument
29  signed by all the project partners.
30         (d)  Have grants, donations of land, or contributions
31  from the public-private partnership or other sources
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 1  collectively totaling at least 10 15 percent of the total
 2  development cost or $2 million, whichever is less. Such
 3  grants, donations of land, or contributions must be evidenced
 4  by a letter of commitment, an agreement, contract, deed,
 5  memorandum of understanding, or other written instrument only
 6  at the time of application. Grants, donations of land, or
 7  contributions in excess of 10 15 percent of the development
 8  cost shall increase the application score.
 9         (e)  Demonstrate how the applicant will use the
10  regulatory incentives and financial strategies outlined in
11  subsection (8) paragraph (7)(a) from the local jurisdiction in
12  which the proposed project is to be located. The corporation
13  may consult with the Department of Community Affairs in
14  evaluating the use of regulatory incentives by applicants.
15         (f)  Demonstrate that the applicant possesses title to
16  or site control of land and evidences availability of required
17  infrastructure.
18         (g)  Demonstrate the applicant's affordable housing
19  development and management experience.
20         (h)  Provide any research or facts available supporting
21  the demand and need for rental or home ownership workforce
22  housing for eligible persons in the market in which the
23  project is proposed.
24         (13)(11)  Projects may include manufactured housing
25  constructed after June 1994 and installed in accordance with
26  mobile home installation standards of the Department of
27  Highway Safety and Motor Vehicles.
28         (14)(12)  The corporation may adopt rules pursuant to
29  ss. 120.536(1) and 120.54 to implement the provisions of this
30  section.
31         (15)(13)  The corporation may use a maximum of 2
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 1  percent of the annual program appropriation for administration
 2  and compliance monitoring.
 3         (16)(14)  The corporation shall review the success of
 4  the Community Workforce Housing Innovation Pilot Program to
 5  ascertain whether the projects financed by the program are
 6  useful in meeting the housing needs of eligible areas and
 7  shall include its findings in the annual report required under
 8  s. 420.511(3). The corporation shall submit its report and any
 9  recommendations regarding the program to the Governor, the
10  Speaker of the House of Representatives, and the President of
11  the Senate not later than 2 months after the end of the
12  corporation's fiscal year.
13         Section 16.  Subsection (3) of section 420.511, Florida
14  Statutes, is amended to read:
15         420.511  Business plan; strategic plan; annual
16  report.--
17         (3)(a)  The corporation shall submit to the Governor
18  and the presiding officers of each house of the Legislature,
19  within 2 months after the end of its fiscal year, a complete
20  and detailed report setting forth:
21         1.(a)  Its operations and accomplishments;
22         2.(b)  Its receipts and expenditures during its fiscal
23  year in accordance with the categories or classifications
24  established by the corporation for its operating and capital
25  outlay purposes;
26         3.(c)  Its assets and liabilities at the end of its
27  fiscal year and the status of reserve, special, or other
28  funds;
29         4.(d)  A schedule of its bonds outstanding at the end
30  of its fiscal year, together with a statement of the principal
31  amounts of bonds issued and redeemed during the fiscal year;
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 1  and
 2         5.(e)  Information relating to the corporation's
 3  activities in implementing the provisions of ss. 420.5087, and
 4  420.5088, and 420.5095.
 5         (b)  The report required by this subsection shall
 6  include, but not be limited to:
 7         1.  The number of people served, delineated by income,
 8  age, family size, and racial characteristics.
 9         2.  The number of units produced under each program.
10         3.  The average cost of producing units under each
11  program.
12         4.  The average sales price of single-family units
13  financed under s. 420.5088.
14         5.  The average amount of rent charged based on unit
15  size on units financed under s. 420.5087.
16         6.  The number of persons in rural communities served
17  under each program.
18         7.  The number of farmworkers served under each
19  program.
20         8.  The number of homeless persons served under each
21  program.
22         9.  The number of elderly persons served under each
23  program.
24         10.  The extent to which geographic distribution has
25  been achieved in accordance with the provisions of s.
26  420.5087.
27         11.  The success of the Community Workforce Housing
28  Innovation Pilot Program in meeting the housing needs of
29  eligible areas.
30         12.11.  Any other information the corporation deems
31  appropriate.
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 1         Section 17.  Subsection (1) of section 420.513, Florida
 2  Statutes, is amended to read:
 3         420.513  Exemption from taxes and eligibility as
 4  investment.--
 5         (1)  The property of the corporation, the transactions
 6  and operations thereof, the income therefrom, and the bonds of
 7  the corporation issued under this act, together with all
 8  notes, mortgages, security agreements, letters of credit, or
 9  other instruments that arise out of or are given to secure the
10  repayment of bonds issued in connection with the financing of
11  any housing development under this part, and all notes,
12  mortgages, security agreements, letters of credit, or other
13  instruments that arise out of or are given to secure the
14  repayment of loans issued in connection with the financing of
15  any housing under this part, as well as the interest thereon
16  and income therefrom, regardless of the status of any party
17  thereto as a private party, shall be exempt from taxation by
18  the state and its political subdivisions. The exemption
19  granted by this subsection shall not apply to any tax imposed
20  by chapter 220 on interest, income, or profits on debt
21  obligations owned by corporations.
22         Section 18.  Subsection (7) of section 420.526, Florida
23  Statutes, is amended to read:
24         420.526  Predevelopment Loan Program; loans and grants
25  authorized; activities eligible for support.--
26         (7)  No predevelopment loan made under this section
27  shall exceed the lesser of:
28         (a)  The development and acquisition costs for the
29  project, as determined by rule of the corporation; or
30         (b)  Seven hundred and fifty Five hundred thousand
31  dollars.
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 1         Section 19.  Subsections (2), (4), (5), and (6) of
 2  section 420.9076, Florida Statutes, are amended, and
 3  subsections (8) and (9) are added to that section, to read:
 4         420.9076  Adoption of affordable housing incentive
 5  strategies; committees.--
 6         (2)  The governing board of a county or municipality
 7  shall appoint the members of the affordable housing advisory
 8  committee by resolution. Pursuant to the terms of any
 9  interlocal agreement, a county and municipality may create and
10  jointly appoint an advisory committee to prepare a joint plan.
11  The ordinance adopted pursuant to s. 420.9072 which creates
12  the advisory committee or the resolution appointing the
13  advisory committee members must provide for eleven nine
14  committee members and their terms. The committee must include:
15         (a)  One citizen who is actively engaged in the
16  residential home building industry in connection with
17  affordable housing.
18         (b)  One citizen who is actively engaged in the banking
19  or mortgage banking industry in connection with affordable
20  housing.
21         (c)  One citizen who is a representative of those areas
22  of labor actively engaged in home building in connection with
23  affordable housing.
24         (d)  One citizen who is actively engaged as an advocate
25  for low-income persons in connection with affordable housing.
26         (e)  One citizen who is actively engaged as a
27  for-profit provider of affordable housing.
28         (f)  One citizen who is actively engaged as a
29  not-for-profit provider of affordable housing.
30         (g)  One citizen who is actively engaged as a real
31  estate professional in connection with affordable housing.
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 1         (h)  One citizen who actively serves on the local
 2  planning agency pursuant to s. 163.3174.
 3         (i)  One citizen who resides within the jurisdiction of
 4  the local governing body making the appointments.
 5         (j)  One citizen who represents employers within the
 6  jurisdiction.
 7         (k)  One citizen who represents essential services
 8  personnel, as defined in the local housing assistance plan.
 9  
10  If a county or eligible municipality whether due to its small
11  size, the presence of a conflict of interest by prospective
12  appointees, or other reasonable factor, is unable to appoint a
13  citizen actively engaged in these activities in connection
14  with affordable housing, a citizen engaged in the activity
15  without regard to affordable housing may be appointed. Local
16  governments that receive the minimum allocation under the
17  State Housing Initiatives Partnership Program may elect to
18  appoint an affordable housing advisory committee with fewer
19  than eleven representatives if they are unable to find
20  representatives that meet the criteria of paragraphs (a)-(k).
21         (4)  Triennially, the advisory committee shall review
22  the established policies and procedures, ordinances, land
23  development regulations, and adopted local government
24  comprehensive plan of the appointing local government and
25  shall recommend specific actions or initiatives to encourage
26  or facilitate affordable housing while protecting the ability
27  of the property to appreciate in value. The Such
28  recommendations may include the modification or repeal of
29  existing policies, procedures, ordinances, regulations, or
30  plan provisions; the creation of exceptions applicable to
31  affordable housing; or the adoption of new policies,
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 1  procedures, regulations, ordinances, or plan provisions,
 2  including recommendations to amend the local government
 3  comprehensive plan and corresponding regulations, ordinances,
 4  and other policies. At a minimum, each advisory committee
 5  shall submit a report to the local governing body that
 6  includes make recommendations on, and triennially thereafter
 7  evaluates the implementation of, affordable housing incentives
 8  in the following areas:
 9         (a)  The processing of approvals of development orders
10  or permits, as defined in s. 163.3164(7) and (8), for
11  affordable housing projects is expedited to a greater degree
12  than other projects.
13         (b)  The modification of impact-fee requirements,
14  including reduction or waiver of fees and alternative methods
15  of fee payment for affordable housing.
16         (c)  The allowance of flexibility in densities
17  increased density levels for affordable housing.
18         (d)  The reservation of infrastructure capacity for
19  housing for very-low-income persons, and low-income persons,
20  and moderate-income persons.
21         (e)  The allowance of affordable accessory residential
22  units in residential zoning districts.
23         (f)  The reduction of parking and setback requirements
24  for affordable housing.
25         (g)  The allowance of flexible lot configurations,
26  including zero-lot-line configurations for affordable housing.
27         (h)  The modification of street requirements for
28  affordable housing.
29         (i)  The establishment of a process by which a local
30  government considers, before adoption, policies, procedures,
31  ordinances, regulations, or plan provisions that increase the
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 1  cost of housing.
 2         (j)  The preparation of a printed inventory of locally
 3  owned public lands suitable for affordable housing.
 4         (k)  The support of development near transportation
 5  hubs and major employment centers and mixed-use developments.
 6  
 7  The advisory committee recommendations may must also include
 8  other affordable housing incentives identified by the advisory
 9  committee. Local governments that receive the minimum
10  allocation under the State Housing Initiatives Partnership
11  Program shall perform the initial review, but may elect to not
12  perform the triennial review.
13         (5)  The approval by the advisory committee of its
14  local housing incentive strategies recommendations and its
15  review of local government implementation of previously
16  recommended strategies must be made by affirmative vote of a
17  majority of the membership of the advisory committee taken at
18  a public hearing. Notice of the time, date, and place of the
19  public hearing of the advisory committee to adopt final local
20  housing incentive strategies recommendations must be published
21  in a newspaper of general paid circulation in the county. The
22  Such notice must contain a short and concise summary of the
23  local housing incentives strategies recommendations to be
24  considered by the advisory committee. The notice must state
25  the public place where a copy of the tentative advisory
26  committee recommendations can be obtained by interested
27  persons.
28         (6)  Within 90 days after the date of receipt of the
29  local housing incentive strategies recommendations from the
30  advisory committee, the governing body of the appointing local
31  government shall adopt an amendment to its local housing
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 1  assistance plan to incorporate the local housing incentive
 2  strategies it will implement within its jurisdiction. The
 3  amendment must include, at a minimum, the local housing
 4  incentive strategies required under s. 420.9071(16). The local
 5  government must consider the strategies specified in
 6  paragraphs (4)(a)-(k) as recommended by the advisory committee
 7  (4)(a)-(j).
 8         (8)  The advisory committee may perform other duties at
 9  the request of the local government, including:
10         (a)  The provision of mentoring services to affordable
11  housing partners including developers, banking institutions,
12  employers, and others to identify available incentives, assist
13  with applications for funding requests, and develop
14  partnerships between various parties.
15         (b)  The creation of best practices for the development
16  of affordable housing in the community.
17         (9)  The advisory committee shall be cooperatively
18  staffed by the local government department or division having
19  authority to administer local planning or housing programs to
20  ensure an integrated approach to the work of the advisory
21  committee.
22         Section 20.  Section 624.46226, Florida Statutes, is
23  created to read:
24         624.46226  Public housing authorities self-insurance
25  funds; exemption for taxation and assessments.--
26         (1)  Any two or more public housing authorities in the
27  state as defined in chapter 421 may also create a
28  self-insurance fund for the purpose of self-insuring real or
29  personal property of every kind and every interest in such
30  property against loss or damage from any hazard or cause and
31  against any loss consequential to such loss or damage,
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 1  provided all the provisions of s. 624.4622 are met.
 2         (2)  Any public housing authority in the state as
 3  defined in chapter 421 that is a member of a self-insurance
 4  fund pursuant to this section shall be exempt from the
 5  assessments imposed under ss. 627.351, 631.57, and 215.555.
 6         Section 21.  This act shall take effect July 1, 2007.
 7  
 8  
 9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         Delete everything before the enacting clause
12  
13  and insert:  
14                      A bill to be entitled
15         An act relating to affordable housing; amending
16         s. 163.3177, F.S., relating to the housing
17         element of a local government comprehensive
18         plan; requiring certain counties to adopt a
19         plan for ensuring affordable workforce housing;
20         providing that a local government that fails to
21         comply with such requirement is ineligible to
22         receive state housing assistance grants;
23         amending s. 163.3180, F.S.; providing an
24         exemption from transportation concurrency for
25         certain workforce housing units; amending s.
26         163.3184, F.S.; authorizing certain local
27         government comprehensive plan amendments to be
28         expedited; providing requirements for amendment
29         notices; requiring a public hearing; amending
30         s. 163.3187, F.S.; authorizing certain local
31         government comprehensive plan amendments to be
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 1         made more than twice a year; amending s.
 2         163.3191, F.S.; authorizing a local government
 3         to adopt amendments to the local comprehensive
 4         plan in order to integrate a port master plan
 5         with the local comprehensive plan; providing a
 6         limitation; creating ss. 197.307, 197.3071,
 7         197.3072, 197.3073, 197.3074, 197.3075,
 8         197.3076, 197.3077, 197.3078, and 197.3079,
 9         F.S.; authorizing a county commission or
10         municipality to adopt an ordinance providing
11         for the deferral of ad valorem taxes and non-ad
12         valorem assessments for affordable rental
13         housing property under certain conditions;
14         requiring the tax collector to provide certain
15         notices to taxpayers about deferrals; providing
16         specifications for such ordinances; providing
17         eligibility requirements; authorizing a
18         property owner to defer payment of ad valorem
19         taxes and certain assessments; providing
20         circumstances in which taxes and assessments
21         may not be deferred; specifying the rate for
22         deferment; providing that the taxes,
23         assessments, and interest deferred constitute a
24         prior lien on the property; providing an
25         application process; providing notice
26         requirements for applications that are not
27         approved for deferment; providing an appeals
28         process; requiring applications for deferral to
29         contain a list of outstanding liens; providing
30         the date for calculating taxes due and payable;
31         requiring that a property owner furnish proof
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 1         of certain insurance coverage under certain
 2         conditions; requiring the tax collector and the
 3         property owner to notify the property appraiser
 4         of parcels for which taxes and assessments have
 5         been deferred; requiring the property appraiser
 6         to notify the tax collector of changes in
 7         ownership or use of tax-deferred properties;
 8         providing requirements for tax certificates for
 9         deferred payment; providing the rate of
10         interest; providing circumstances in which
11         deferrals cease; requiring the property
12         appraiser to notify the tax collector of
13         deferrals that have ceased; requiring the tax
14         collector to collect taxes, assessments and
15         interest due; requiring the tax collector to
16         notify the property owner of due taxes on
17         tax-deferred property under certain conditions;
18         requiring the tax collector to sell a tax
19         certificate under certain circumstances;
20         specifying persons who may pay deferred taxes,
21         assessments and accrued interest; requiring the
22         tax collector to maintain a record of payment
23         and to distribute payments; providing for
24         construction of provisions authorizing the
25         deferments; providing penalties; amending s.
26         253.0341, F.S., requiring the Board of Trustees
27         of the Internal Improvement Trust Fund to
28         convey certain property; restricting the use of
29         property to be conveyed; providing a
30         consideration for conveyance; amending s.
31         380.06, F.S.; providing that all phase,
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 1         buildout, and expiration dates for projects
 2         that are developments of regional impact and
 3         under active construction on a specified date
 4         are extended for 3 years; providing an
 5         exemption from further
 6         development-of-regional-impact review; amending
 7         s. 380.0651, F.S.; revising certain
 8         developments of regional impact statewide
 9         guidelines and standards; amending s. 420.504,
10         F.S.; providing that the corporation is a state
11         agency for purposes of the state allocation
12         pool; authorizing the corporation to provide
13         notice of internal review committee meetings by
14         publication on an Internet website; providing
15         that the corporation is not governed by certain
16         provisions relating to corporations not for
17         profit; amending s. 420.506, F.S.; deleting a
18         provision relating to lease of certain state
19         employees; amending s. 420.5061, F.S.; deleting
20         obsolete provisions; removing a provision
21         requiring all assets and liabilities and rights
22         and obligations of the Florida Housing Finance
23         Agency to be transferred to the corporation;
24         providing that the corporation is the legal
25         successor to the agency; removing a provision
26         requiring all state property in use by the
27         agency to be transferred to and become the
28         property of the corporation; amending s.
29         420.507, F.S.; requiring that an agreement
30         financing affordable housing be recorded in the
31         official records of the county where the real
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 1         property is located; providing that such
 2         agreement is a state land use regulation;
 3         amending s. 420.5087, F.S.; authorizing the
 4         Florida Housing Finance Corporation to provide
 5         partially forgivable loans to nonprofit
 6         organizations that serve extremely-low-income
 7         elderly tenants; providing criteria; amending
 8         s. 420.5095, F.S.; specifying the content of
 9         rules for reviewing loan applications for
10         workforce housing projects; requiring the
11         corporation to establish a committee for
12         reviewing loan applications; providing for
13         membership; providing powers and duties of the
14         committee; requiring the corporation's board of
15         directors to make the final decisions
16         concerning ranking and program participants;
17         specifying areas where local governments may
18         use program funds; expanding the types of
19         projects that may receive priority funding;
20         requiring that the processing of certain
21         approvals of development orders or development
22         permits be expedited; providing loan applicant
23         requirements; revising reporting requirements;
24         amending s. 420.511, F.S.; requiring that the
25         corporation's annual report include information
26         on the Community Workforce Housing Innovation
27         Pilot Program; amending s. 420.513, F.S.;
28         providing exemption from taxes for certain
29         instruments issued in connection with the
30         financing of certain housing; amending s.
31         420.526, F.S.; revising the cap on
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 1375, 2nd Eng.
                        Barcode 722114
 1         predevelopment loans; amending s. 420.9076,
 2         F.S.; increasing affordable housing advisory
 3         committee membership; revising membership
 4         criteria; authorizing the use of fewer members
 5         under certain circumstances; revising and
 6         providing duties of the advisory committee;
 7         creating s. 624.46226, F.S.; authorizing
 8         certain public housing authorities to create a
 9         self-insurance fund; exempting such public
10         housing authorities that create a
11         self-insurance fund from certain assessments;
12         providing an effective date.
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