HB 1375

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	159.807, F.S.; removes prohibition on the state allocation
4	pool from being used to provide written confirmations for
5	private activity bonds that are to be issued by the
6	Florida Housing Finance Corporation; amending s. 163.3177,
7	F.S.; revising elements of local government comprehensive
8	plans relating to future land use, transportation, and
9	housing; amending s. 163.3180, F.S.; authorizing local
10	governments to grant an exception from the concurrency
11	requirement for transportation facilities; authorizing
12	local governments to exempt certain trips from the
13	concurrency requirement; amending s. 163.3187, F.S.;
14	authorizing local governments to identify the types of
15	housing development and conditions under which it will
16	expedite consideration of amendments to comprehensive
17	plans; providing amendment notice requirements; requiring
18	a public hearing; creating s. 193.018, F.S.; creating the
19	Affordable Housing Property Tax Relief Initiative;
20	providing criteria to be used in assessing just valuation
21	of certain affordable housing properties serving
22	extremely-low-income persons, low-income persons,
23	moderate-income persons, and very-low-income persons;
24	providing assessment guidelines; authorizing certain
25	agreements to be considered a land use regulation and a
26	limitation on the highest and best use of the property;
27	creating s. 193.0185, F.S.; providing assessment criteria
28	for improvements used for permanently affordable housing
29	subject to a 99-year ground lease; amending s. 196.1978,
30	F.S.; revising an affordable housing property exemption to
31	require that the owner be a corporation not for profit or
32	a limited partnership the sole general partner of which is
33	such a corporation; expanding scope of exemption; amending
34	s. 420.0006, F.S.; removing a provision requiring the
35	Department of Community Affairs inspector general to
36	perform certain functions; removing a provision deeming
37	the Florida Housing Finance Corporation to be an agency
38	for certain purposes; amending s. 420.504, F.S.; providing
39	that the corporation is a state agency for purposes of the
40	state allocation pool; authorizing the corporation to
41	provide notice of internal review committee meetings by
42	publication on an Internet website; providing that the
43	corporation is not governed by certain provisions relating
44	to corporations not for profit; amending s. 420.506, F.S.;
45	deleting a provision relating to lease of certain state
46	employees; providing for the appointment of an inspector
47	general by the executive director of the corporation;
48	providing powers of the inspector general; providing
49	educational and experience requirements for the inspector
50	general; providing that the scope and assignment of the
51	audits shall be determined by the inspector general;
52	authorizing the executive director to direct the inspector
53	general to perform audits of special programs; providing
54	that audit workpapers and reports shall be public records;
55	providing reporting requirements for the inspector
56	general; amending s. 420.5061, F.S.; deleting obsolete
57	provisions; removing a provision requiring all assets and
58	liabilities and rights and obligations of the Florida
59	Housing Finance Agency to be transferred to the
60	corporation; providing that the corporation is the legal
61	successor to the agency; removing a provision requiring
62	the corporation to make transfers to certain trust funds;
63	removing a provision requiring all state property in use
64	by the agency to be transferred to and become the property
65	of the corporation; amending s. 420.507, F.S.; providing
66	the corporation the power to require that an agreement be
67	recorded in the official records of the county where the
68	real property is located; amending s. 420.5095, F.S.;
69	removing pilot status of the Community Workforce Housing
70	Innovation Program; requiring the corporation to establish
71	a review committee for the program; providing for
72	membership; requiring the corporation to establish a
73	scoring system for evaluation and competitive ranking of
74	applications; providing powers and duties of the
75	committee; requiring the corporation board to make the
76	final ranking and program participant decision; revising
77	which projects may receive priority consideration for
78	funding; requiring the processing of certain approvals of
79	development orders or development permits to be expedited;
80	providing applicant requirements; authorizing certain
81	incentives to be offered by local governments for program
82	participants; removing a requirement that the corporation
83	review the success of the pilot program; amending s.
84	420.513, F.S.; providing exemption from taxes for certain
85	instruments issued in connection with the financing of
86	certain housing; amending s. 420.606, F.S.; revising
87	legislative findings and purpose of the training and
88	technical assistance program; amending s. 420.9076, F.S.;
89	increasing affordable housing advisory committee
90	membership; providing membership criteria; authorizing the
91	use of fewer members under certain circumstances; revising
92	and providing duties of the advisory committee; creating
93	s. 624.46226, F.S.; authorizing certain public housing
94	authorities to create a self-insurance fund; exempting
95	such authorities from certain taxes and assessments;
96	providing an effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Subsection (4) of section 159.807, Florida
101	Statutes, is amended to read:
102	159.807  State allocation pool.--
103	(4)(a)  The state allocation pool shall also be used to
104	provide written confirmations for private activity bonds that
105	are to be issued by state agencies, which bonds, notwithstanding
106	any other provisions of this part, shall receive priority in the
107	use of the pool available at the time the notice of intent to
108	issue such bonds is filed with the division.
109	(b)  This subsection does not apply to the Florida Housing
110	Finance Corporation:
111	1.  Until its allocation pursuant to s. 159.804(3) has been
112	exhausted, is unavailable, or is inadequate to provide an
113	allocation pursuant to s. 159.804(3) and any carryforwards of
114	volume limitation from prior years for the same carryforward
115	purpose, as that term is defined in s. 146 of the Code, as the
116	bonds it intends to issue have been completely utilized or have
117	expired.
118	2.  Prior to July 1 of any year, when housing bonds for
119	which the Florida Housing Finance Corporation has made an
120	assignment of its allocation permitted by s. 159.804(3)(c) have
121	not been issued.
122	Section 2.  Paragraphs (a), (b), (f), and (j) of subsection
123	(6) of section 163.3177, Florida Statutes, are amended to read:
124	163.3177  Required and optional elements of comprehensive
125	plan; studies and surveys.--
126	(6)  In addition to the requirements of subsections (1)-(5)
127	and (12), the comprehensive plan shall include the following
128	elements:
129	(a)  A future land use plan element designating proposed
130	future general distribution, location, and extent of the uses of
131	land for residential uses, commercial uses, industry,
132	agriculture, recreation, conservation, education, public
133	buildings and grounds, other public facilities, and other
134	categories of the public and private uses of land. Counties are
135	encouraged to designate rural land stewardship areas, pursuant
136	to the provisions of paragraph (11)(d), as overlays on the
137	future land use map. Each future land use category must be
138	defined in terms of uses included, and must include standards to
139	be followed in the control and distribution of population
140	densities and building and structure intensities. The proposed
141	distribution, location, and extent of the various categories of
142	land use shall be shown on a land use map or map series which
143	shall be supplemented by goals, policies, and measurable
144	objectives. The future land use plan shall be based upon
145	surveys, studies, and data regarding the area, including the
146	amount of land required to accommodate anticipated growth; the
147	projected population of the area; the character of undeveloped
148	land; the availability of water supplies, public facilities, and
149	services; the need for redevelopment, including the renewal of
150	blighted areas and the elimination of nonconforming uses which
151	are inconsistent with the character of the community; the
152	compatibility of uses on lands adjacent to or closely proximate
153	to military installations; the need for affordable housing
154	adjacent to or closely proximate to employment centers; and, in
155	rural communities, the need for job creation, capital
156	investment, and economic development that will strengthen and
157	diversify the community's economy. The future land use plan may
158	designate areas for future planned development use involving
159	combinations of types of uses for which special regulations may
160	be necessary to ensure development in accord with the principles
161	and standards of the comprehensive plan and this act. The future
162	land use plan element shall include criteria to be used to
163	achieve the compatibility of adjacent or closely proximate lands
164	with military installations. If the local government elects to
165	provide transportation concurrency exceptions for trips
166	associated with affordable housing, the future land use plan
167	element shall include criteria used to determine how the local
168	government will determine what qualifies as affordable housing
169	adjacent to or closely proximate to employment centers. In
170	addition, for rural communities, the amount of land designated
171	for future planned industrial use shall be based upon surveys
172	and studies that reflect the need for job creation, capital
173	investment, and the necessity to strengthen and diversify the
174	local economies, and shall not be limited solely by the
175	projected population of the rural community. The future land use
176	plan of a county may also designate areas for possible future
177	municipal incorporation. The land use maps or map series shall
178	generally identify and depict historic district boundaries and
179	shall designate historically significant properties meriting
180	protection. For coastal counties, the future land use element
181	must include, without limitation, regulatory incentives and
182	criteria that encourage the preservation of recreational and
183	commercial working waterfronts as defined in s. 342.07. The
184	future land use element must clearly identify the land use
185	categories in which public schools are an allowable use. When
186	delineating the land use categories in which public schools are
187	an allowable use, a local government shall include in the
188	categories sufficient land proximate to residential development
189	to meet the projected needs for schools in coordination with
190	public school boards and may establish differing criteria for
191	schools of different type or size. Each local government shall
192	include lands contiguous to existing school sites, to the
193	maximum extent possible, within the land use categories in which
194	public schools are an allowable use. The failure by a local
195	government to comply with these school siting requirements will
196	result in the prohibition of the local government's ability to
197	amend the local comprehensive plan, except for plan amendments
198	described in s. 163.3187(1)(b), until the school siting
199	requirements are met. Amendments proposed by a local government
200	for purposes of identifying the land use categories in which
201	public schools are an allowable use are exempt from the
202	limitation on the frequency of plan amendments contained in s.
203	163.3187. The future land use element shall include criteria
204	that encourage the location of schools proximate to urban
205	residential areas to the extent possible and shall require that
206	the local government seek to collocate public facilities, such
207	as parks, libraries, and community centers, with schools to the
208	extent possible and to encourage the use of elementary schools
209	as focal points for neighborhoods. For schools serving
210	predominantly rural counties, defined as a county with a
211	population of 100,000 or fewer, an agricultural land use
212	category shall be eligible for the location of public school
213	facilities if the local comprehensive plan contains school
214	siting criteria and the location is consistent with such
215	criteria. Local governments required to update or amend their
216	comprehensive plan to include criteria and address compatibility
217	of adjacent or closely proximate lands with existing military
218	installations in their future land use plan element shall
219	transmit the update or amendment to the department by June 30,
220	2006.
221	(b)1.  A traffic circulation element consisting of the
222	types, locations, and extent of existing and proposed major
223	thoroughfares and transportation routes, including bicycle and
224	pedestrian ways. The traffic circulation element shall reflect
225	how the pattern of development of the future land use element
226	and map impact the transportation system. This may include, but
227	is not limited to, consideration of appropriate land use mixes
228	that will affect trip lengths, such as impact of housing
229	locations to employment centers.
230	2.  Transportation corridors, as defined in s. 334.03, may
231	be designated in the traffic circulation element pursuant to s.
232	337.273. If the transportation corridors are designated, the
233	local government may adopt a transportation corridor management
234	ordinance.
235	(f)1.  A housing element consisting of standards, plans,
236	and principles to be followed in:
237	a.  The provision of housing for all current and
238	anticipated future residents of the jurisdiction.
239	b.  The elimination of substandard dwelling conditions.
240	c.  The structural and aesthetic improvement of existing
241	housing.
242	d.  The provision of adequate sites for future housing,
243	including housing for low-income, very low-income, and moderate-
244	income families, mobile homes, and group home facilities and
245	foster care facilities, with supporting infrastructure and
246	public facilities.
247	e.  The provision of for relocation housing and
248	identification of historically significant and other housing for
249	purposes of conservation, rehabilitation, or replacement.
250	f.  The formulation of housing implementation programs.
251	g.  The creation or preservation of affordable housing to
252	minimize the need for additional local services and avoid the
253	concentration of affordable housing units only in specific areas
254	of the jurisdiction.
255	h.  The provision of housing adjacent to or closely
256	proximate to employment centers that reduce trip lengths and is
257	affordable to the employees and persons served by the employment
258	center.
259
260	The goals, objectives, and policies of the housing element must
261	be based on the data and analysis prepared on housing needs,
262	including the affordable housing needs assessment. State and
263	federal housing plans prepared on behalf of the local government
264	must be consistent with the goals, objectives, and policies of
265	the housing element. Local governments are encouraged to utilize
266	job training, job creation, and economic solutions to address a
267	portion of their affordable housing concerns.
268	2.  To assist local governments in housing data collection
269	and analysis and assure uniform and consistent information
270	regarding the state's housing needs, the state land planning
271	agency shall conduct an affordable housing needs assessment for
272	all local jurisdictions on a schedule that coordinates the
273	implementation of the needs assessment with the evaluation and
274	appraisal reports required by s. 163.3191. Each local government
275	shall utilize the data and analysis from the needs assessment as
276	one basis for the housing element of its local comprehensive
277	plan. The agency shall allow a local government the option to
278	perform its own needs assessment, if it uses the methodology
279	established by the agency by rule.
280	3.  The housing element shall contain goals and policies to
281	guide the local government in facilitating private and public
282	provision of affordable housing to serve the residents and
283	workforce with consideration given to recommendations by the
284	affordable housing advisory committee pursuant to s. 420.9076,
285	if applicable.
286	(j)  For each unit of local government within an urbanized
287	area designated for purposes of s. 339.175, a transportation
288	element, which shall be prepared and adopted in lieu of the
289	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
290	and (d) and which shall address the following issues:
291	1.  Traffic circulation, including major thoroughfares and
292	other routes, including bicycle and pedestrian ways.
293	2.  All alternative modes of travel, such as public
294	transportation, pedestrian, and bicycle travel.
295	3.  Parking facilities.
296	4.  Aviation, rail, seaport facilities, access to those
297	facilities, and intermodal terminals.
298	5.  The availability of facilities and services to serve
299	existing land uses and the compatibility between future land use
300	and transportation elements.
301	6.  The capability to evacuate the coastal population prior
302	to an impending natural disaster.
303	7.  Airports, projected airport and aviation development,
304	and land use compatibility around airports.
305	8.  An identification of land use densities, building
306	intensities, and transportation management programs to promote
307	public transportation systems in designated public
308	transportation corridors so as to encourage population densities
309	sufficient to support such systems.
310	9.  An identification of how the pattern of development of
311	the future land use element and map impact the transportation
312	system. This may include, but not be limited to, consideration
313	of appropriate land use mixes that will affect trip lengths,
314	such as impact of housing locations to employment centers.
315	10.9.  May include transportation corridors, as defined in
316	s. 334.03, intended for future transportation facilities
317	designated pursuant to s. 337.273. If transportation corridors
318	are designated, the local government may adopt a transportation
319	corridor management ordinance.
320	Section 3.  Subsection (5) of section 163.3180, Florida
321	Statutes, is amended to read:
322	163.3180  Concurrency.--
323	(5)(a)  The Legislature finds that under limited
324	circumstances dealing with transportation facilities,
325	countervailing planning and public policy goals may come into
326	conflict with the requirement that adequate public facilities
327	and services be available concurrent with the impacts of such
328	development. The Legislature further finds that often the
329	unintended result of the concurrency requirement for
330	transportation facilities is the discouragement of urban infill
331	development and redevelopment. Such unintended results directly
332	conflict with the goals and policies of the state comprehensive
333	plan and the intent of this part. Therefore, exceptions from the
334	concurrency requirement for transportation facilities may be
335	granted as provided by this subsection.
336	(b)  A local government may grant an exception from the
337	concurrency requirement for transportation facilities if the
338	proposed development is otherwise consistent with the adopted
339	local government comprehensive plan and is a project that
340	promotes public transportation, provides affordable housing in
341	close proximity to employment centers, or is located within an
342	area designated in the comprehensive plan for:
343	1.  Urban infill development,
344	2.  Urban redevelopment,
345	3.  Downtown revitalization, or
346	4.  Urban infill and redevelopment under s. 163.2517.
347	(c)  The Legislature also finds that developments located
348	within urban infill, urban redevelopment, existing urban
349	service, or downtown revitalization areas or areas designated as
350	urban infill and redevelopment areas under s. 163.2517 which
351	pose only special part-time demands on the transportation system
352	should be excepted from the concurrency requirement for
353	transportation facilities. A special part-time demand is one
354	that does not have more than 200 scheduled events during any
355	calendar year and does not affect the 100 highest traffic volume
356	hours.
357	(d)  The Legislature finds that where residential units are
358	placed in close proximity to places of employment to reduce the
359	burden on transportation facilities, and where the units are
360	developed in a manner to be affordable to the workforce of that
361	employment center, local governments should consider the
362	systemwide benefits to the transportation system and may exempt
363	trips associated with the residential units from concurrency if
364	locating additional residential units in specific areas will
365	reduce long trip length burdens on the larger transportation
366	system.
367	(e)(d)  A local government shall establish guidelines in
368	the comprehensive plan for granting the exceptions authorized in
369	paragraphs (b), and (c), and (d) and subsections (7) and (15)
370	which must be consistent with and support a comprehensive
371	strategy adopted in the plan to promote the purpose of the
372	exceptions.
373	(f)(e)  The local government shall adopt into the plan and
374	implement strategies to support and fund mobility within the
375	designated exception area, including alternative modes of
376	transportation. The plan amendment shall also demonstrate how
377	strategies will support the purpose of the exception and how
378	mobility within the designated exception area will be provided.
379	In addition, the strategies must address urban design;
380	appropriate land use mixes, including intensity and density; and
381	network connectivity plans needed to promote urban infill,
382	redevelopment, or downtown revitalization. The comprehensive
383	plan amendment designating the concurrency exception area shall
384	be accompanied by data and analysis justifying the size of the
385	area.
386	(g)(f)  Prior to the designation of a concurrency exception
387	area, the Department of Transportation shall be consulted by the
388	local government to assess the impact that the proposed
389	exception area is expected to have on the adopted level-of-
390	service standards established for Strategic Intermodal System
391	facilities, as defined in s. 339.64, and roadway facilities
392	funded in accordance with s. 339.2819. Further, the local
393	government shall, in cooperation with the Department of
394	Transportation, develop a plan to mitigate any impacts to the
395	Strategic Intermodal System, including, if appropriate, the
396	development of a long-term concurrency management system
397	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
398	may be available only within the specific geographic area of the
399	jurisdiction designated in the plan. Pursuant to s. 163.3184,
400	any affected person may challenge a plan amendment establishing
401	these guidelines and the areas within which an exception could
402	be granted.
403	(h)(g)  Transportation concurrency exception areas existing
404	prior to July 1, 2005, shall meet, at a minimum, the provisions
405	of this section by July 1, 2006, or at the time of the
406	comprehensive plan update pursuant to the evaluation and
407	appraisal report, whichever occurs last.
408	Section 4.  Paragraph (p) is added to subsection (1) of
409	section 163.3187, Florida Statutes, to read:
410	163.3187  Amendment of adopted comprehensive plan.--
411	(1)  Amendments to comprehensive plans adopted pursuant to
412	this part may be made not more than two times during any
413	calendar year, except:
414	(p)  Notwithstanding the provisions of s. 163.3184(3)-(6),
415	any local government may identify in its comprehensive plan the
416	types of housing development and conditions under which it will
417	expedite consideration of amendments consistent with the local
418	housing incentive strategies identified in s. 420.9076 and
419	authorized by the local government. At least 30 days prior to
420	adopting a plan amendment pursuant to this subsection, the local
421	government shall notify the state land planning agency of its
422	intent to adopt such an amendment, and the notice shall include
423	the local government's evaluation related to site suitability
424	and availability of facilities and services. The public notice
425	of the hearing required by s. 163.3184(15)(e) shall include a
426	statement that the local government intends to utilize the
427	expedited adoption process authorized by this subsection. Such
428	amendments shall require only a single public hearing before the
429	governing board, which shall be an adoption hearing as described
430	in s. 163.3184(7), and the state land planning agency shall
431	issue its notice of intent pursuant to s. 163.3184(8) within 30
432	days after determining that the amendment package is complete.
433	Any further proceedings shall be governed by ss. 163.3184(9)-
434	(16).
435	Section 5.  Section 193.018, Florida Statutes, is created
436	to read:
437	193.018  Affordable Housing Property Tax Relief
438	Initiative.--
439	(1)  For the purpose of assessing just valuation of
440	affordable housing properties serving extremely-low-income
441	persons, low-income persons, moderate-income persons, and very-
442	low-income persons, as defined in s. 420.0004(8), (10), (11),
443	and (15), the actual rental income from rent-restricted units in
444	such a property shall be recognized by the property appraiser
445	for assessment purposes, and a rental income approach pursuant
446	to s. 193.011(7) shall be used for assessment of the following
447	affordable housing properties:
448	(a)  Properties that are funded by the United States
449	Department of Housing and Urban Development under s. 8 of the
450	United States Housing Act of 1937 that is used to provide
451	affordable housing serving eligible persons as defined by s.
452	159.603(7) and elderly persons, extremely-low-income persons,
453	and very-low-income persons as defined by s. 420.0004(7), (8),
454	and (15) and that has undergone financial restructuring as
455	provided in s. 501, Title V, Subtitle A of the Multifamily
456	Assisted Housing Reform and Affordability Act of 1997;
457	(b)  Multifamily, farmworker, or elderly rental properties
458	that are funded by the Florida Housing Finance Corporation under
459	ss. 420.5087 and 420.5089 and the State Housing Initiatives
460	Partnership Program under ss. 420.9072 and 420.9075, s. 42 of
461	the Internal Revenue Code, 26 U.S.C. s. 42; the HOME Investment
462	Partnership Program under the Cranston-Gonzalez National
463	Affordable Housing Act, 42 U.S.C. ss. 12741 et seq.; or the
464	Federal Home Loan Banks' Affordable Housing Program established
465	pursuant to the Financial Institutions Reform, Recovery and
466	Enforcement Act of 1989, Pub. L. No. 101-73; or
467	(c)  Multifamily residential rental properties of 10 or
468	more units that are deed restricted as affordable housing and
469	certified by the local housing agency as having 100 percent of
470	its units providing affordable housing to extremely-low-income
471	persons, low-income persons, moderate-income persons, and very-
472	low-income persons, as defined by s. 420.0004(8), (10), (11),
473	and (15).
474	(2)  Properties used for affordable housing which have
475	received a low-income housing tax credit from the Florida
476	Housing Finance Corporation, as authorized by s. 420.5099, shall
477	be assessed with the rental income approach under s. 193.011(7)
478	and, consistent with s. 420.5099(5) and (6), pursuant to this
479	section, the following assumptions shall apply:
480	(a)  The tax credits granted and the financing generated by
481	the tax credits may not be considered as income to the property.
482	(b)  The actual rental income from rent-restricted units in
483	such a property shall be recognized by the property appraiser as
484	the real rents for assessing just value.
485	(c)  Any costs paid for by tax credits and costs paid for
486	by additional financing proceeds received under chapter 420 may
487	not be included in the valuation of the property.
488	(3)  If an extended low-income housing agreement is filed
489	in the official public records of the county in which an
490	affordable housing property serving  extremely-low-income
491	persons, low-income persons, moderate-income persons, and very-
492	low-income persons, as defined in s. 420.0004(8), (10), (11),
493	and (15), is located, the agreement and any recorded amendment
494	or supplement thereto shall be considered a land use regulation
495	and a limitation on the highest and best use of the property
496	during the term of the agreement, amendment, or supplement.
497	Section 6.  Section 193.0185, Florida Statutes, is created
498	to read:
499	193.0185  Community land trusts.--Improvements used for
500	permanently affordable housing subject to a 99-year ground lease
501	shall be assessed under s. 193.011 as follows:
502	(1)  The amount a willing purchaser would pay a willing
503	seller is limited to the restricted resale price permitted under
504	the 99-year ground lease.
505	(2)  If a 99-year ground lease agreement or memorandum of
506	such agreement containing a resale restriction for the purpose
507	of proving permanently affordable housing is filed in the
508	official records of the county in which the property is located,
509	the lease agreement and any amendment or supplement thereto
510	shall be considered a land use regulation and a limitation on
511	the highest and best use of the property during the term of the
512	lease or lease renewal.
513	Section 7.  Section 196.1978, Florida Statutes, is amended
514	to read:
515	196.1978  Affordable housing property exemption.--Property
516	used to provide affordable housing serving eligible persons as
517	defined by s. 159.603(7) and persons meeting income limits
518	specified in s. 420.0004(8), (10), (11), and (15), which
519	property is owned entirely by a nonprofit entity that which is
520	qualified as charitable under s. 501(c)(3) of the Internal
521	Revenue Code, that and which complies with Rev. Proc. 96-32,
522	1996-1 C.B. 717, and that must be a corporation not for profit
523	pursuant to chapter 617 or a limited partnership formed under
524	the laws of this state the sole general partner of which is a
525	corporation not for profit pursuant to chapter 617, shall be
526	considered property owned by an exempt entity and used for a
527	charitable purpose, and those portions of the affordable housing
528	property which provide housing to individuals with incomes as
529	defined in s. 420.0004(10) and (15) shall be exempt from ad
530	valorem taxation to the extent authorized in s. 196.196. All
531	property identified in this section shall comply with the
532	criteria for determination of exempt status to be applied by
533	property appraisers on an annual basis as defined in s. 196.195.
534	The Legislature intends that any property owned by a limited
535	liability company or limited liability partnership which is
536	disregarded as an entity for federal income tax purposes
537	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
538	treated as owned by its sole member. The exemption provided in
539	this section shall also extend to land that is owned by an
540	exempt entity subject to a 99-year ground lease for the purpose
541	of providing permanently affordable housing.
542	Section 8.  Section 420.0006, Florida Statutes, is amended
543	to read:
544	420.0006  Authority to contract with corporation; contract
545	requirements; nonperformance.--The secretary of the department
546	shall contract, notwithstanding the provisions of part I of
547	chapter 287, with the Florida Housing Finance Corporation on a
548	multiyear basis to stimulate, provide, and foster affordable
549	housing in the state. The contract must incorporate the
550	performance measures required by s. 420.511 and must be
551	consistent with the provisions of the corporation's strategic
552	plan prepared in accordance with s. 420.511 and compatible with
553	s. 216.0166. The contract must provide that, in the event the
554	corporation fails to comply with any of the performance measures
555	required by s. 420.511, the secretary shall notify the Governor
556	and shall refer the nonperformance to the department's inspector
557	general for review and determination as to whether such failure
558	is due to forces beyond the corporation's control or whether
559	such failure is due to inadequate management of the
560	corporation's resources. Advances shall continue to be made
561	pursuant to s. 420.0005 during the pendency of the review by the
562	department's inspector general. If such failure is due to
563	outside forces, it shall not be deemed a violation of the
564	contract. If such failure is due to inadequate management, the
565	department's inspector general shall provide recommendations
566	regarding solutions. The Governor is authorized to resolve any
567	differences of opinion with respect to performance under the
568	contract and may request that advances continue in the event of
569	a failure under the contract due to inadequate management. The
570	Chief Financial Officer shall approve the request absent a
571	finding by the Chief Financial Officer that continuing such
572	advances would adversely impact the state; however, in any event
573	the Chief Financial Officer shall provide advances sufficient to
574	meet the debt service requirements of the corporation and
575	sufficient to fund contracts committing funds from the State
576	Housing Trust Fund so long as such contracts are in accordance
577	with the laws of this state. The department inspector general
578	shall perform for the corporation the functions set forth in s.
579	20.055 and report to the secretary of the department. The
580	corporation shall be deemed an agency for the purposes of s.
581	20.055.
582	Section 9.  Subsection (2) of section 420.504, Florida
583	Statutes, is amended to read:
584	420.504  Public corporation; creation, membership, terms,
585	expenses.--
586	(2)  The corporation is constituted as a public
587	instrumentality, and the exercise by the corporation of the
588	power conferred by this act is considered to be the performance
589	of an essential public function. The corporation shall
590	constitute an agency for the purposes of s. 120.52. The
591	corporation is a state agency for purposes of s. 159.807(4). The
592	corporation is subject to chapter 119, subject to exceptions
593	applicable to the corporation, and to the provisions of chapter
594	286; however, the corporation shall be entitled to provide
595	notice of internal review committee meetings for competitive
596	proposals or procurement to applicants by mail, or facsimile, or
597	publication on an Internet website, rather than by means of
598	publication. The corporation is not governed by chapter 607 or
599	chapter 617, but by the provisions of this part. If for any
600	reason the establishment of the corporation is deemed in
601	violation of law, such provision is severable and the remainder
602	of this act remains in full force and effect.
603	Section 10.  Section 420.506, Florida Statutes, is amended
604	to read:
605	420.506  Executive director; inspector general; agents and
606	employees.--
607	(1)  The appointment and removal of an executive director
608	shall be by the Secretary of Community Affairs, with the advice
609	and consent of the corporation's board of directors. The
610	executive director shall employ legal and technical experts and
611	such other agents and employees, permanent and temporary, as the
612	corporation may require, and shall communicate with and provide
613	information to the Legislature with respect to the corporation's
614	activities. The board is authorized, notwithstanding the
615	provisions of s. 216.262, to develop and implement rules
616	regarding the employment of employees of the corporation and
617	service providers, including legal counsel. The corporation is
618	authorized to enter into a lease agreement with the Department
619	of Management Services or the Department of Community Affairs
620	for the lease of state employees from such entities, wherein an
621	employee shall retain his or her status as a state employee but
622	shall work under the direct supervision of the corporation, and
623	shall retain the right to participate in the Florida Retirement
624	System.
625	(2)(a)  The inspector general shall be appointed by the
626	executive director. Such appointment shall be without regard to
627	political affiliation.
628	(b)  The inspector general shall report to and be under the
629	general supervision of the executive director and shall not be
630	subject to supervision by any other employee of the corporation.
631	(c)  The inspector general may be removed from office by
632	the board of directors.
633	(d)  The executive director, employees, or board of
634	directors shall not prevent or prohibit the inspector general
635	from initiating, carrying out, or completing any audit or
636	investigation.
637	(e)  To ensure that corporation audits are performed in
638	accordance with applicable auditing standards, the inspector
639	general shall possess the following education and experience
640	qualifications:
641	1.  A bachelor's degree from an accredited college or
642	university with a major in accounting and 5 years of experience;
643	2.  A master's degree in accounting from an accredited
644	college or university and 4 years of experience; or
645	3.  A certified public accountant license issued pursuant
646	to chapter 473 or a certified internal audit certificate issued
647	by the Institute of Internal Auditors or earned by examination,
648	and 4 years of experience.
649
650	Experience shall be as an internal auditor or independent
651	postauditor, information systems auditor, or any combination
652	thereof and shall at a minimum consist of audits of units of
653	government or private business enterprises, operating for profit
654	or not for profit.
655	(f)  The scope and assignment of the audits shall be
656	determined by the inspector general; however, the executive
657	director or the board of directors may at any time direct the
658	inspector general to perform an audit of a special program,
659	function, or organizational unit.
660	(g)  Audit workpapers and reports shall be public records
661	to the extent that they do not include information that has been
662	made confidential and exempt from the provisions of s. 119.07(1)
663	pursuant to law. However, when the inspector general or a member
664	of the staff receives from an individual a complaint or
665	information that falls within the definition provided in s.
666	112.3187(5), the name or identity of the individual shall not be
667	disclosed to anyone without the written consent of the
668	individual as provided in s. 112.3188, unless the inspector
669	general determines that such disclosure is unavoidable during
670	the course of the audit or investigation.
671	(h)  The inspector general and his or her staff shall have
672	access to any records, data, and other information of the
673	corporation he or she deems necessary to carry out his or her
674	duties. The inspector general is also authorized to request such
675	information or assistance as may be necessary from the
676	corporation or from any federal, state, or local governmental
677	entity.
678	(i)  At the conclusion of each audit, the inspector general
679	shall submit preliminary findings and recommendations to the
680	person responsible for supervision of the program function or
681	operational unit who shall respond to any adverse findings
682	within 20 working days after receipt of the tentative findings.
683	Such response and the inspector general's rebuttal to the
684	response shall be included in the final audit report.
685	(j)  The inspector general shall submit the final report to
686	the executive director and to the board of directors.
687	(3)  The board of directors of the corporation is entitled
688	to establish travel procedures and guidelines for employees of
689	the corporation. The executive director's office and the
690	corporation's files and records must be located in Leon County.
691	Section 11.  Section 420.5061, Florida Statutes, is amended
692	to read:
693	420.5061  Transfer of agency assets and
694	liabilities.--Effective January 1, 1998, all assets and
695	liabilities and rights and obligations, including any
696	outstanding contractual obligations, of the agency shall be
697	transferred to The corporation is the as legal successor in all
698	respects to the agency, and. the corporation is shall thereupon
699	become obligated to the same extent as the agency under any
700	existing agreements existing on December 31, 1997, and is be
701	entitled to any rights and remedies previously afforded the
702	agency by law or contract, including specifically the rights of
703	the agency under chapter 201 and part VI of chapter 159. The
704	corporation is a state agency for purposes of s. 159.807(4)(a).
705	Effective January 1, 1998, all references under Florida law to
706	the agency are deemed to mean the corporation. The corporation
707	shall transfer to the General Revenue Fund an amount which
708	otherwise would have been deducted as a service charge pursuant
709	to s. 215.20(1) if the Florida Housing Finance Corporation Fund
710	established by s. 420.508(5), the State Apartment Incentive Loan
711	Fund established by s. 420.5087(7), the Florida Homeownership
712	Assistance Fund established by s. 420.5088(4), the HOME
713	Investment Partnership Fund established by s. 420.5089(1), and
714	the Housing Predevelopment Loan Fund established by s.
715	420.525(1) were each trust funds. For purposes of s. 112.313,
716	the corporation is deemed to be a continuation of the agency,
717	and the provisions thereof are deemed to apply as if the same
718	entity remained in place. Any employees of the agency and agency
719	board members covered by s. 112.313(9)(a)6. shall continue to be
720	entitled to the exemption in that subparagraph, notwithstanding
721	being hired by the corporation or appointed as board members of
722	the corporation. Effective January 1, 1998, all state property
723	in use by the agency shall be transferred to and become the
724	property of the corporation.
725	Section 12.  Subsection (46) is added to section 420.507,
726	Florida Statutes, to read:
727	420.507  Powers of the corporation.--The corporation shall
728	have all the powers necessary or convenient to carry out and
729	effectuate the purposes and provisions of this part, including
730	the following powers which are in addition to all other powers
731	granted by other provisions of this part:
732	(46)  To require, as a condition of financing a multifamily
733	rental project, that an agreement be recorded in the official
734	records of the county where the real property is located, which
735	requires that the project be used for housing defined as
736	affordable in s. 420.0004(3) by persons defined in 420.0004(8),
737	(10), (11), and (15). Such an agreement is a state land use
738	regulation that limits the highest and best use of the property
739	within the meaning of s. 193.011(2).
740	Section 13.  Section 420.5095, Florida Statutes, is amended
741	to read:
742	420.5095  Community Workforce Housing Innovation Pilot
743	Program.--
744	(1)  The Legislature finds and declares that recent rapid
745	increases in the median purchase price of a home and the cost of
746	rental housing have far outstripped the increases in median
747	income in the state, preventing essential services personnel
748	from living in the communities where they serve and thereby
749	creating the need for innovative solutions for the provision of
750	housing opportunities for essential services personnel.
751	(2)  The Community Workforce Housing Innovation Pilot
752	Program is created to provide affordable rental and home
753	ownership community workforce housing for essential services
754	personnel affected by the high cost of housing, using regulatory
755	incentives and state and local funds to promote local public-
756	private partnerships and leverage government and private
757	resources.
758	(3)  For purposes of this section, the following
759	definitions apply:
760	(a)  "Workforce housing" means housing affordable to
761	natural persons or families whose total annual household income
762	does not exceed 140 percent of the area median income, adjusted
763	for household size, or 150 percent of area median income,
764	adjusted for household size, in areas of critical state concern
765	designated under s. 380.05, for which the Legislature has
766	declared its intent to provide affordable housing, and areas
767	that were designated as areas of critical state concern for at
768	least 20 consecutive years prior to removal of the designation.
769	(b)  "Essential services personnel" means persons in need
770	of affordable housing who are employed in occupations or
771	professions in which they are considered essential services
772	personnel, as defined by each county and eligible municipality
773	within its respective local housing assistance plan pursuant to
774	s. 420.9075(3)(a).
775	(c)  "Public-private partnership" means any form of
776	business entity that includes substantial involvement of at
777	least one county, one municipality, or one public sector entity,
778	such as a school district or other unit of local government in
779	which the project is to be located, and at least one private
780	sector for-profit or not-for-profit business or charitable
781	entity, and may be any form of business entity, including a
782	joint venture or contractual agreement.
783	(4)  The Florida Housing Finance Corporation is authorized
784	to provide Community Workforce Housing Innovation Pilot Program
785	loans to an applicant for new construction or rehabilitation of
786	workforce housing in eligible areas. The corporation shall
787	establish a funding process and selection criteria by rule or
788	request for proposals. This funding is intended to be used with
789	other public and private sector resources.
790	(5)(a)  The corporation shall provide by rule for the
791	establishment of a review committee composed of corporation
792	staff and, in addition, may include three private citizens
793	representing the areas of housing or real estate development,
794	banking, community planning, or other areas related to the
795	development or financing of workforce affordable housing. The
796	review and selection process shall include a process for curing
797	minor errors in the applications. The corporation shall
798	establish by rule a scoring system for evaluation and
799	competitive ranking of applications submitted in this program,
800	including, but not limited to, the following criteria:
801	1.  Private and public sector entities' involvement as
802	partners in the project.
803	2.  The sponsor's agreement to reserve more than:
804	a.  Eighty percent of the units in the project for persons
805	or families who have incomes that do not exceed 140 percent of
806	the area median income adjusted for household size. In areas of
807	critical state concern designated under s. 380.05, for which the
808	Legislature has declared its intent to provide affordable
809	housing, and in areas that were designated as areas of critical
810	state concern for at least 20 consecutive years prior to removal
811	of the designation, the area median income served may not exceed
812	150 percent of area median income, adjusted for household size;
813	or
814	b.  Fifty percent of the units in the project for essential
815	services personnel.
816	3.  Projects requiring the least amount of a community
817	workforce housing loan compared to overall project cost.
818	4.  Contributions to the project.
819	5.  Local government comprehensive planning, zoning,
820	permitting, and other regulatory and financial incentives that
821	promote workforce housing.
822	6.  Proximity to employment centers and transportation
823	facilities.
824	7.  Project feasibility.
825	8.  Economic viability of the project.
826	9.  Commitment of first mortgage financing.
827	10.  The sponsor's prior affordable housing development and
828	management experience.
829	11.  The sponsor's ability to proceed with construction.
830	(b)  The corporation may reject any and all applications.
831	(c)  The corporation may approve and reject applications
832	for the purpose of achieving geographic and demographic
833	targeting.
834	(d)  The review committee established pursuant to this
835	subsection shall make recommendations to the board of directors
836	of the corporation regarding program participation under the
837	Community Workforce Housing Innovation Program.
838	(e)  The corporation board shall make the final ranking and
839	the decisions regarding which applicants shall become program
840	participants based on the scores received in the competitive
841	ranking, further review of applications, and the recommendations
842	of the review committee. The corporation board shall approve or
843	reject applications for loans and shall determine the tentative
844	loan amount available to each applicant selected for
845	participation in the program. The maximum loan amount shall be
846	determined pursuant to rule adopted by the corporation.
847	(6)(5)  The corporation shall provide incentives for local
848	governments in eligible areas to use local affordable housing
849	funds, such as those from the State Housing Initiatives
850	Partnership Program, to assist in meeting the affordable housing
851	needs of persons eligible under this program. Local governments
852	are authorized to utilize State Housing Initiatives Partnership
853	Program funds for residents with incomes up to 120 percent of
854	the area median income in workforce housing projects funded
855	under this program.
856	(7)(6)  Funding shall be targeted to innovative projects in
857	areas where:
858	(a)  The disparity between the area median income and the
859	median sales price for a single-family home is greatest;, and
860	for projects in areas where
861	(b)  The population growth as a percentage rate of increase
862	is greatest; and
863	(c)  There is a demonstrated need for workforce housing for
864	essential services personnel and . The corporation may also fund
865	projects in areas where innovative regulatory and financial
866	incentives are made available.
867
868	The corporation shall fund at least one eligible project in as
869	many counties as possible and make every effort to fund projects
870	in every region of the state.
871	(8)(7)  Projects shall receive priority consideration for
872	funding where:
873	(a)  The local jurisdiction has adopted, or is committed to
874	adopting, adopts appropriate regulatory incentives, local
875	contributions or financial strategies, or other funding sources
876	to promote the development and ongoing financial viability of
877	such projects. Local incentives include such actions as
878	expediting review of development orders and permits, supporting
879	development near transportation hubs and major employment
880	centers, and adopting land development regulations designed to
881	allow flexibility in densities, use of accessory units, mixed-
882	use developments, and flexible lot configurations. Financial
883	strategies include such actions as promoting employer-assisted
884	housing programs, providing tax increment financing, and
885	providing land.
886	(b)  Projects are innovative and include new construction
887	or rehabilitation, mixed-income housing, or commercial and
888	housing mixed-use elements and those that promote homeownership.
889	The program funding shall not exceed the costs attributable to
890	the portion of the project that is set aside to provide housing
891	for the targeted population.
892	(c)  Projects that set aside at least 80 percent of units
893	for workforce housing and at least 50 percent for essential
894	services personnel and for projects that require the least
895	amount of program funding compared to the overall housing costs
896	for the project.
897	(9)(8)  Notwithstanding the provisions of s. 163.3184(3)-
898	(6), any local government comprehensive plan amendment to
899	implement a Community Workforce Housing Innovation Pilot Program
900	project found consistent with the provisions of this section
901	shall be expedited as provided in this subsection. At least 30
902	days prior to adopting a plan amendment pursuant to this
903	subsection, the local government shall notify the state land
904	planning agency of its intent to adopt such an amendment, and
905	the notice shall include its evaluation related to site
906	suitability and availability of facilities and services. The
907	public notice of the hearing required by s. 163.3184(15)(e)
908	shall include a statement that the local government intends to
909	utilize the expedited adoption process authorized by this
910	subsection. Such amendments shall require only a single public
911	hearing before the governing board, which shall be an adoption
912	hearing as described in s. 163.3184(7), and the state land
913	planning agency shall issue its notice of intent pursuant to s.
914	163.3184(8) within 30 days after determining that the amendment
915	package is complete. Any further proceedings shall be governed
916	by ss. 163.3184(9)-(16). Amendments proposed under this section
917	are not subject to the restriction of s. 163.3187(1) limiting
918	the adoption of a comprehensive plan amendment to no more than
919	two times during any calendar year.
920	(10)  The processing of approvals of development orders or
921	development permits, as defined in s. 163.3164(7) and (8), for
922	affordable housing projects shall be expedited.
923	(11)(9)  The corporation shall award loans with interest
924	rates set at 1 to 3 percent, which may be made forgivable when
925	long-term affordability is provided and when at least 80 percent
926	of the units are set aside for workforce housing and at least 50
927	percent of the units are set aside for essential services
928	personnel.
929	(12)(10)  All eligible applications shall:
930	(a)  For home ownership, limit the sales price of a
931	detached unit, townhome, or condominium unit to not more than 90
932	80 percent of the median sales price for that type of unit in
933	that county, or the statewide median sales price for that type
934	of unit, whichever is higher, and require that all eligible
935	purchasers of home ownership units occupy the homes as their
936	primary residence.
937	(b)  For rental units, restrict rents for all workforce
938	housing serving those with incomes at or below 120 percent of
939	area median income at the appropriate income level using the
940	restricted rents for the federal low-income housing tax credit
941	program and, for workforce housing units serving those with
942	incomes above 120 percent of area median income, restrict rents
943	to those established by the corporation, not to exceed 30
944	percent of the maximum household income adjusted to unit size.
945	(c)  Demonstrate that the applicant is a public-private
946	partnership in an agreement, contract, partnership agreement,
947	memorandum of understanding, or other written instrument signed
948	by all the project partners.
949	(d)  Have grants, donations of land, or contributions from
950	the public-private partnership or other sources collectively
951	totaling at least 10 15 percent of the total development cost or
952	$2 million, whichever is less. Such grants, donations of land,
953	or contributions must be evidenced by a letter of commitment, an
954	agreement, contract, deed, memorandum of understanding, or other
955	written instrument only at the time of application. Grants,
956	donations of land, or contributions in excess of 10 15 percent
957	of the development cost shall increase the application score.
958	(e)  Demonstrate how the applicant will use the regulatory
959	incentives and financial strategies outlined in paragraph (7)(a)
960	and subsection (13) from the local jurisdiction in which the
961	proposed project is to be located. The corporation may consult
962	with the Department of Community Affairs in evaluating the use
963	of regulatory incentives by applicants.
964	(f)  Demonstrate that the applicant possesses title to or
965	site control of land and evidences availability of required
966	infrastructure.
967	(g)  Demonstrate the applicant's affordable housing
968	development and management experience.
969	(h)  Provide any research or facts available supporting the
970	demand and need for rental or home ownership workforce housing
971	for eligible persons in the market in which the project is
972	proposed.
973	(13)  Local governments are authorized to make available to
974	approved Community Workforce Housing Innovation Program projects
975	workforce housing incentives to promote the financial viability,
976	successful development, and ongoing maintenance of these housing
977	developments, including, but not limited to:
978	(a)  Impact fees may be reduced by 50 percent, may be
979	waived entirely, or may be deferred by the local government, or
980	an applicant shall be provided with an alternative method of fee
981	payment by the local government in which the proposed project is
982	to be located.
983	(b)  Increased density levels or higher density per acre
984	may be allowed.
985	(c)  The infrastructure capacity in the local comprehensive
986	plan for affordable housing may be reserved for these
987	communities.
988	(d)  Additional affordable residential units in residential
989	zoning districts may be allowed.
990	(e)  Open space and setback requirements for affordable
991	housing may be reduced by 50 percent.
992	(f)  Zero-lot-line configurations may be allowed.
993	(g)  Trips associated with affordable housing in close
994	proximity of employment centers may be exempt from
995	transportation concurrency pursuant to s. 163.3180(5)(d).
996	(h)  Local transportation infrastructure funding may be
997	prioritized by local metropolitan planning organizations.
998	(i)  Local State Housing Initiatives Partnership program
999	funds may be used to support construction of workforce housing
1000	projects and down payment assistance for residents with incomes
1001	that do not exceed 120 percent of the area median income
1002	residing in such projects.
1003	(j)  Tax increment financing may be made available to
1004	workforce housing projects to assist in maintaining long term
1005	affordability of the units.
1006	(14)(11)  Projects may include manufactured housing
1007	constructed after June 1994 and installed in accordance with
1008	mobile home installation standards of the Department of Highway
1009	Safety and Motor Vehicles.
1010	(15)(12)  The corporation may adopt rules pursuant to ss.
1011	120.536(1) and 120.54 to implement the provisions of this
1012	section.
1013	(16)(13)  The corporation may use a maximum of 2 percent of
1014	the annual program appropriation for administration and
1015	compliance monitoring.
1016	(14)  The corporation shall review the success of the
1017	Community Workforce Housing Innovation Pilot Program to
1018	ascertain whether the projects financed by the program are
1019	useful in meeting the housing needs of eligible areas. The
1020	corporation shall submit its report and any recommendations
1021	regarding the program to the Governor, the Speaker of the House
1022	of Representatives, and the President of the Senate not later
1023	than 2 months after the end of the corporation's fiscal year.
1024	Section 14.  Subsection (1) of section 420.513, Florida
1025	Statutes, is amended to read:
1026	420.513  Exemption from taxes and eligibility as
1027	investment.--
1028	(1)  The property of the corporation, the transactions and
1029	operations thereof, the income therefrom, and the bonds of the
1030	corporation issued under this act, together with all notes,
1031	mortgages, security agreements, letters of credit, or other
1032	instruments that arise out of or are given to secure the
1033	repayment of bonds issued in connection with the financing of
1034	any housing development under this part, and all notes,
1035	mortgages, security agreements, letters of credit, or other
1036	instruments that arise out of or are given to secure the
1037	repayment of loans issued in connection with the financing of
1038	any housing under this part, as well as the interest thereon and
1039	income therefrom, regardless of the status of any party thereto
1040	as a private party, shall be exempt from taxation by the state
1041	and its political subdivisions. The exemption granted by this
1042	subsection shall not apply to any tax imposed by chapter 220 on
1043	interest, income, or profits on debt obligations owned by
1044	corporations.
1045	Section 15.  Subsections (1) and (2) of section 420.606,
1046	Florida Statutes, are amended to read:
1047	420.606  Training and technical assistance program.--
1048	(1)  LEGISLATIVE FINDINGS.--In addition to the legislative
1049	findings set forth in s. 420.6015, the Legislature finds and
1050	declares that:
1051	(a)  Housing in economically declining or distressed areas
1052	is frequently substandard and is often unaffordable to very-low-
1053	income persons and low-income persons.;
1054	(b)  Recent rapid increases in the median purchase price of
1055	homes and the cost of rental housing have far outstripped the
1056	increases in median income in the state, preventing essential
1057	services personnel from living in the communities where they
1058	serve and thereby creating the need for innovative solutions for
1059	the provision of housing opportunities for essential services
1060	personnel.
1061	(c)(b)  Community-based organizations often have limited
1062	experience in development of quality housing for very-low-income
1063	persons and low-income persons in economically declining or
1064	distressed areas.; and
1065	(d)  The private market should be encouraged to provide
1066	affordable rental and home ownership housing for essential
1067	services personnel affected by the high cost of housing.
1068	Technical assistance should address development costs through
1069	promoting local public-private partnerships that leverage
1070	government and private resources.
1071	(e)(c)  The staffs and board members of community-based
1072	organizations need additional training in housing development as
1073	well as technical support to assist them in gaining the
1074	experience they need to better serve their communities.
1075	(f)(d)  The staffs of state and regional agencies and local
1076	governments, whether directly involved in the production of
1077	affordable housing or acting in a supportive role, can better
1078	serve the goals of state and local governments if their
1079	expertise in housing development is expanded.
1080	(2)  PURPOSE.--The purpose of this section is to provide
1081	community-based organizations and staff of state and local
1082	governments with the necessary training and technical assistance
1083	to meet the needs of very-low-income persons, low-income
1084	persons, and moderate-income persons for standard, affordable
1085	housing and for workforce housing in those areas where housing
1086	costs have severely limited housing affordability.
1087	Section 16.  Subsections (2), (4), and (5) of section
1088	420.9076, Florida Statutes, are amended, and subsection (8) is
1089	added to that section, to read:
1090	420.9076  Adoption of affordable housing incentive
1091	strategies; committees.--
1092	(2)  The governing board of a county or municipality shall
1093	appoint the members of the affordable housing advisory committee
1094	by resolution. Pursuant to the terms of any interlocal
1095	agreement, a county and municipality may create and jointly
1096	appoint an advisory committee to prepare a joint plan. The
1097	ordinance adopted pursuant to s. 420.9072 which creates the
1098	advisory committee or the resolution appointing the advisory
1099	committee members must provide for eleven nine committee members
1100	and their terms. The committee must include:
1101	(a)  One citizen who is actively engaged in the residential
1102	home building industry in connection with affordable housing.
1103	(b)  One citizen who is actively engaged in the banking or
1104	mortgage banking industry in connection with affordable housing.
1105	(c)  One citizen who is a representative of those areas of
1106	labor actively engaged in home building in connection with
1107	affordable housing.
1108	(d)  One citizen who is actively engaged as an advocate for
1109	low-income persons in connection with affordable housing.
1110	(e)  One citizen who is actively engaged as a for-profit
1111	provider of affordable housing.
1112	(f)  One citizen who is actively engaged as a not-for-
1113	profit provider of affordable housing.
1114	(g)  One citizen who is actively engaged as a real estate
1115	professional in connection with affordable housing.
1116	(h)  One citizen who actively serves on the local planning
1117	agency pursuant to s. 163.3174.
1118	(i)  One citizen who resides within the jurisdiction of the
1119	local governing body making the appointments.
1120	(j)  One citizen who represents employers within the
1121	jurisdiction.
1122	(k)  One citizen who represents essential services
1123	personnel, as defined in the local housing assistance plan.
1124
1125	If a county or eligible municipality whether due to its small
1126	size, the presence of a conflict of interest by prospective
1127	appointees, or other reasonable factor, is unable to appoint a
1128	citizen actively engaged in these activities in connection with
1129	affordable housing, a citizen engaged in the activity without
1130	regard to affordable housing may be appointed. Local governments
1131	that receive the minimum allocation under the State Housing
1132	Initiatives Partnership Program may elect to appoint an
1133	affordable housing advisory committee with fewer than eleven
1134	representatives if they are unable to find representatives that
1135	meet the criteria of paragraphs (a)-(k).
1136	(4)  Biennially, the advisory committee shall review the
1137	established policies and procedures, ordinances, land
1138	development regulations, and adopted local government
1139	comprehensive plan of the appointing local government and shall
1140	recommend specific actions or initiatives to encourage or
1141	facilitate affordable housing while protecting the ability of
1142	the property to appreciate in value. Such recommendations may
1143	include the modification or repeal of existing policies,
1144	procedures, ordinances, regulations, or plan provisions; the
1145	creation of exceptions applicable to affordable housing; or the
1146	adoption of new policies, procedures, regulations, ordinances,
1147	or plan provisions. At a minimum, each advisory committee shall
1148	submit a report to the local governing body that includes make
1149	recommendations on, and biennially evaluates the implementation
1150	of, affordable housing incentives in the following areas:
1151	(a)  The processing of approvals of development orders or
1152	permits, as defined in s. 163.3164(7) and (8), for affordable
1153	housing projects is expedited to a greater degree than other
1154	projects.
1155	(b)  The modification of impact-fee requirements, including
1156	reduction or waiver of fees and alternative methods of fee
1157	payment for affordable housing.
1158	(c)  The allowance of flexibility in densities increased
1159	density levels for affordable housing.
1160	(d)  The reservation of infrastructure capacity for housing
1161	for very-low-income persons and low-income persons.
1162	(e)  The allowance of affordable accessory residential
1163	units in residential zoning districts.
1164	(f)  The reduction of parking and setback requirements for
1165	affordable housing.
1166	(g)  The allowance of flexible lot configurations,
1167	including zero-lot-line configurations for affordable housing.
1168	(h)  The modification of street requirements for affordable
1169	housing.
1170	(i)  The establishment of a process by which a local
1171	government considers, before adoption, policies, procedures,
1172	ordinances, regulations, or plan provisions that increase the
1173	cost of housing.
1174	(j)  The preparation of a printed inventory of locally
1175	owned public lands suitable for affordable housing.
1176	(k)  The support of development near transportation hubs
1177	and major employment centers and mixed-use developments.
1178
1179	The advisory committee recommendations may must also include
1180	other affordable housing incentives identified by the advisory
1181	committee. Local governments that receive the minimum allocation
1182	under the State Housing Initiatives Partnership Program shall
1183	perform the initial review, but may elect to not perform the
1184	biennial review.
1185	(5)  The approval by the advisory committee of its local
1186	housing incentive strategies recommendations and its review of
1187	local government implementation of previously recommended
1188	strategies must be made by affirmative vote of a majority of the
1189	membership of the advisory committee taken at a public hearing.
1190	Notice of the time, date, and place of the public hearing of the
1191	advisory committee to adopt final local housing incentive
1192	strategies recommendations must be published in a newspaper of
1193	general paid circulation in the county. Such notice must contain
1194	a short and concise summary of the local housing incentives
1195	strategies recommendations to be considered by the advisory
1196	committee. The notice must state the public place where a copy
1197	of the tentative advisory committee recommendations can be
1198	obtained by interested persons.
1199	(8)  The advisory committee may perform other
1200	responsibilities at the request of the local government,
1201	including:
1202	(a)  The provision of mentoring services to affordable
1203	housing partners, including developers, banking institutions,
1204	employers, and others to identify available incentives, assist
1205	with applications for funding requests, and develop partnerships
1206	between various parties.
1207	(b)  The creation of best practices for development of
1208	affordable housing in the community.
1209	Section 17.  Section 624.46226, Florida Statutes, is
1210	created to read:
1211	624.46226  Public housing authorities self-insurance funds;
1212	exemption for taxation and assessments.--
1213	(1)  Any two or more public housing authorities in this
1214	state as defined in chapter 421 may also create a self-insurance
1215	fund pursuant to s. 624.4622 for the purpose of self-insuring
1216	real or personal property of every kind and every interest in
1217	such property against loss or damage from any hazard or cause
1218	and against any loss consequential to such loss or damage,
1219	provided all the provisions of s. 624.4622 are met.
1220	(2)  Any public housing authority as defined in chapter 421
1221	in the state that is a member of a self-insurance fund pursuant
1222	to this section shall be exempt from the taxes and assessments
1223	imposed under ss. 624.509 and 627.351.
1224	Section 18.  This act shall take effect July 1, 2007.

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