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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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 2 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 3 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 4 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 5 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 6 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 7 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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: 8 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 9 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 10 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 11 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 12 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 13 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 14 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 15 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 16 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 17 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 18 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 19 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 20 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 21 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 22 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 23 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 24 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 25 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 26 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 27 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 28 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 29 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 30 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 31 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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), 32 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 33 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 34 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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; 35 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 36 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 37 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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. 38 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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, 39 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 40 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 41 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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, 42 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 43 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 44 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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, 45 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 46 1:12 PM 05/02/07 h1375e2d-seg1-ec9
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1375, 2nd Eng. Barcode 722114 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 47 1:12 PM 05/02/07 h1375e2d-seg1-ec9
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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 48 1:12 PM 05/02/07 h1375e2d-seg1-ec9