CS/HB 1375

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	163.3177, F.S.; revising elements of local government
4	comprehensive plans relating to future land use and
5	housing; requiring certain counties to adopt a plan for
6	ensuring workforce housing by a specified date; providing
7	a definition; providing a penalty; amending s. 163.31771,
8	F.S.; authorizing local governments to elect not to apply
9	transportation concurrency and impact fee requirements on
10	accessory units on certain accessory dwelling units;
11	amending s. 163.3180, F.S.; authorizing local governments
12	to grant an exception from the concurrency requirement for
13	transportation facilities; authorizing local governments
14	to exempt certain trips from the concurrency requirement;
15	amending s. 163.3184, F.S.; authorizing certain local
16	government comprehensive plan amendments to be expedited;
17	providing requirements for amendment notices; requiring a
18	public hearing; amending s. 163.3187, F.S.; authorizing
19	certain local government comprehensive plan amendments to
20	be adopted more than twice a year; amending s. 163.3202,
21	F.S.; requiring a local government's land development
22	regulations to maintain density for certain types of
23	parcels zoned for residential use; creating s. 193.018,
24	F.S.; creating the Affordable Housing Property Tax Relief
25	Initiative; providing criteria to be used in assessing
26	just valuation of certain affordable housing properties;
27	providing assessment guidelines; authorizing certain
28	agreements to be considered a land use regulation and a
29	limitation on the highest and best use of the property;
30	creating s. 193.0185, F.S.; providing a definition;
31	providing assessment criteria for improvements used for
32	permanently affordable housing subject to a 99-year ground
33	lease; amending s. 196.1978, F.S.; revising an affordable
34	housing property exemption to require that the owner be a
35	corporation not for profit or a Florida limited
36	partnership the sole general partner of which is such a
37	corporation; expanding the scope of the exemption;
38	creating ss. 197.307, 197.3071, 197.3072, 197.3073,
39	197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and
40	197.3079, F.S.; authorizing a county commission or
41	municipality to adopt an ordinance providing for the
42	deferral of ad valorem taxes and non-ad valorem
43	assessments for affordable rental housing property under
44	certain conditions; requiring the tax collector to provide
45	certain notices to taxpayers about deferrals; providing
46	specifications for such ordinances; providing eligibility
47	requirements; authorizing a property owner to defer
48	payment of ad valorem taxes and certain assessments;
49	providing circumstances in which taxes and assessments may
50	not be deferred; specifying the rate for deferment;
51	providing that the taxes, assessments, and interest
52	deferred constitute a prior lien on the property;
53	providing an application process; providing notice
54	requirements for applications that are not approved for
55	deferment; providing an appeals process; requiring
56	applications for deferral to contain a list of outstanding
57	liens; providing the date for calculating taxes due and
58	payable; requiring that a property owner furnish proof of
59	certain insurance coverage under certain conditions;
60	requiring the tax collector and the property owner to
61	notify the property appraiser of parcels for which taxes
62	and assessments have been deferred; requiring the property
63	appraiser to notify the tax collector of changes in
64	ownership or use of tax-deferred properties; providing
65	requirements for tax certificates for deferred payment;
66	providing the rate of interest; providing circumstances in
67	which deferrals cease; requiring the property appraiser to
68	notify the tax collector of deferrals that have ceased;
69	requiring the tax collector to collect taxes, assessments
70	and interest due; requiring the tax collector to notify
71	the property owner of due taxes on tax-deferred property
72	under certain conditions; requiring the tax collector to
73	sell a tax certificate under certain circumstances;
74	specifying persons who may pay deferred taxes, assessments
75	and accrued interest; requiring the tax collector to
76	maintain a record of payment and to distribute payments;
77	providing for construction of provisions authorizing the
78	deferments; providing penalties; amending s. 380.06, F.S.;
79	providing that certain changes to permit the sale of
80	owner-occupied affordable housing units do not constitute
81	a substantial deviation; providing exemptions from
82	transportation concurrency regulations for certain
83	affordable workforce housing units; providing that certain
84	additional trips do not reduce development of regional
85	impact development order entitlements; amending s.
86	380.0651, F.S.; changing certain developments of regional
87	impact statewide guidelines and standards; amending s.
88	420.504, F.S.; providing that the corporation is a state
89	agency for purposes of the state allocation pool;
90	authorizing the corporation to provide notice of internal
91	review committee meetings by publication on an Internet
92	website; providing that the corporation is not governed by
93	certain provisions relating to corporations not for
94	profit; providing that a designee may represent the
95	Secretary of Community Affairs on the board of directors;
96	amending s. 420.506, F.S.; deleting a provision relating
97	to lease of certain state employees; amending s. 420.5061,
98	F.S.; deleting obsolete provisions; removing a provision
99	requiring all assets and liabilities and rights and
100	obligations of the Florida Housing Finance Agency to be
101	transferred to the corporation; providing that the
102	corporation is the legal successor to the agency; removing
103	a provision requiring the corporation to make transfers to
104	certain trust funds; removing a provision requiring all
105	state property in use by the agency to be transferred to
106	and become the property of the corporation; amending s.
107	420.507, F.S.; removing a requirement that the corporation
108	prepare and submit a budget request to the secretary of
109	the department; providing the corporation the power to
110	require that an agreement be recorded in the official
111	records of the county where the real property is located;
112	amending s. 420.5087, F.S.; authorizing the corporation to
113	forgive indebtedness for a share of certain loans to
114	nonprofit organizations that serve extremely-low-income
115	elderly tenants; amending s. 420.5095, F.S.; requiring the
116	corporation to establish a review committee for the
117	Community Workforce Housing Innovation Pilot Program;
118	providing for membership; requiring the corporation to
119	establish a scoring system for evaluation and competitive
120	ranking of applications; providing powers and duties of
121	the committee; requiring the corporation's board of
122	directors to make the final ranking and program
123	participant decision; revising which projects may receive
124	priority consideration for funding; requiring the
125	processing of certain approvals of development orders or
126	development permits to be expedited; providing applicant
127	requirements; authorizing certain incentives to be offered
128	by local governments for program participants; creating s.
129	420.5096, F.S.; creating the Florida Housing Preservation
130	Bridge Loan Program; providing legislative findings;
131	providing purpose; providing definitions; providing
132	eligibility criteria; providing agreement requirements;
133	providing reporting requirements; providing rulemaking
134	authority; authorizing use of funds for administration and
135	monitoring; amending s. 420.526, F.S.; increasing the
136	threshold that certain predevelopment loans may not
137	exceed; amending s. 420.606, F.S.; revising legislative
138	findings and purpose of the training and technical
139	assistance program; amending s. 420.9076, F.S.; increasing
140	affordable housing advisory committee membership;
141	providing membership criteria; authorizing the use of
142	fewer members under certain circumstances; revising and
143	providing duties of the advisory committee; providing that
144	the advisory committee shall be cooperatively staffed by
145	the local government planning and housing departments;
146	creating s. 624.46226, F.S.; authorizing certain public
147	housing authorities to create a self-insurance fund;
148	exempting such public housing authorities that create a
149	self-insurance fund from certain assessments; amending s.
150	1001.64, F.S.; providing for certain properties owned by
151	community colleges to be used for affordable housing for
152	community college faculty or other college personnel;
153	providing an effective date.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1.  Paragraphs (a) and (f) of subsection (6) of
158	section 163.3177, Florida Statutes, are amended to read:
159	163.3177  Required and optional elements of comprehensive
160	plan; studies and surveys.--
161	(6)  In addition to the requirements of subsections (1)-(5)
162	and (12), the comprehensive plan shall include the following
163	elements:
164	(a)  A future land use plan element designating proposed
165	future general distribution, location, and extent of the uses of
166	land for residential uses, commercial uses, industry,
167	agriculture, recreation, conservation, education, public
168	buildings and grounds, other public facilities, and other
169	categories of the public and private uses of land. Counties are
170	encouraged to designate rural land stewardship areas, pursuant
171	to the provisions of paragraph (11)(d), as overlays on the
172	future land use map. Each future land use category must be
173	defined in terms of uses included, and must include standards to
174	be followed in the control and distribution of population
175	densities and building and structure intensities. The proposed
176	distribution, location, and extent of the various categories of
177	land use shall be shown on a land use map or map series which
178	shall be supplemented by goals, policies, and measurable
179	objectives. The future land use plan shall be based upon
180	surveys, studies, and data regarding the area, including the
181	amount of land required to accommodate anticipated growth; the
182	projected population of the area; the character of undeveloped
183	land; the availability of water supplies, public facilities, and
184	services; the need for redevelopment, including the renewal of
185	blighted areas and the elimination of nonconforming uses which
186	are inconsistent with the character of the community; the
187	compatibility of uses on lands adjacent to or closely proximate
188	to military installations; the need for affordable housing
189	adjacent to or closely proximate to employment centers; and, in
190	rural communities, the need for job creation, capital
191	investment, and economic development that will strengthen and
192	diversify the community's economy. The future land use plan may
193	designate areas for future planned development use involving
194	combinations of types of uses for which special regulations may
195	be necessary to ensure development in accord with the principles
196	and standards of the comprehensive plan and this act. The future
197	land use plan element shall include criteria to be used to
198	achieve the compatibility of adjacent or closely proximate lands
199	with military installations. If the local government elects to
200	provide transportation concurrency exceptions for trips
201	associated with affordable housing, the future land use plan
202	element shall include criteria used to determine how the local
203	government will determine what qualifies as affordable housing
204	adjacent to or closely proximate to employment centers. In
205	addition, for rural communities, the amount of land designated
206	for future planned industrial use shall be based upon surveys
207	and studies that reflect the need for job creation, capital
208	investment, and the necessity to strengthen and diversify the
209	local economies, and shall not be limited solely by the
210	projected population of the rural community. The future land use
211	plan of a county may also designate areas for possible future
212	municipal incorporation. The land use maps or map series shall
213	generally identify and depict historic district boundaries and
214	shall designate historically significant properties meriting
215	protection. For coastal counties, the future land use element
216	must include, without limitation, regulatory incentives and
217	criteria that encourage the preservation of recreational and
218	commercial working waterfronts as defined in s. 342.07. The
219	future land use element must clearly identify the land use
220	categories in which public schools are an allowable use. When
221	delineating the land use categories in which public schools are
222	an allowable use, a local government shall include in the
223	categories sufficient land proximate to residential development
224	to meet the projected needs for schools in coordination with
225	public school boards and may establish differing criteria for
226	schools of different type or size. Each local government shall
227	include lands contiguous to existing school sites, to the
228	maximum extent possible, within the land use categories in which
229	public schools are an allowable use. The failure by a local
230	government to comply with these school siting requirements will
231	result in the prohibition of the local government's ability to
232	amend the local comprehensive plan, except for plan amendments
233	described in s. 163.3187(1)(b), until the school siting
234	requirements are met. Amendments proposed by a local government
235	for purposes of identifying the land use categories in which
236	public schools are an allowable use are exempt from the
237	limitation on the frequency of plan amendments contained in s.
238	163.3187. The future land use element shall include criteria
239	that encourage the location of schools proximate to urban
240	residential areas to the extent possible and shall require that
241	the local government seek to collocate public facilities, such
242	as parks, libraries, and community centers, with schools to the
243	extent possible and to encourage the use of elementary schools
244	as focal points for neighborhoods. For schools serving
245	predominantly rural counties, defined as a county with a
246	population of 100,000 or fewer, an agricultural land use
247	category shall be eligible for the location of public school
248	facilities if the local comprehensive plan contains school
249	siting criteria and the location is consistent with such
250	criteria. Local governments required to update or amend their
251	comprehensive plan to include criteria and address compatibility
252	of adjacent or closely proximate lands with existing military
253	installations in their future land use plan element shall
254	transmit the update or amendment to the department by June 30,
255	2006.
256	(f)1.  A housing element consisting of standards, plans,
257	and principles to be followed in:
258	a.  The provision of housing for all current and
259	anticipated future residents of the jurisdiction.
260	b.  The elimination of substandard dwelling conditions.
261	c.  The structural and aesthetic improvement of existing
262	housing.
263	d.  The provision of adequate sites for future housing,
264	including housing for low-income, very low-income, and moderate-
265	income families, affordable workforce housing as defined in s.
266	380.0651(3)(j), mobile homes, and group home facilities and
267	foster care facilities, with supporting infrastructure and
268	public facilities.
269	e.  The provision of for relocation housing and
270	identification of historically significant and other housing for
271	purposes of conservation, rehabilitation, or replacement.
272	f.  The formulation of housing implementation programs.
273	g.  The creation or preservation of affordable housing to
274	minimize the need for additional local services and avoid the
275	concentration of affordable housing units only in specific areas
276	of the jurisdiction.
277	h.  The provision of housing adjacent to or closely
278	proximate to employment centers that reduce trip lengths and is
279	affordable to the employees and persons served by the employment
280	center.
281	i.  By July 1, 2008, each county in which the gap between
282	the buying power of a family of four and the median county home
283	sale price exceeds $150,000, as determined by the Florida
284	Housing Finance Corporation, and which is not designated as an
285	area of critical state concern shall adopt a plan for ensuring
286	affordable workforce housing, as defined in s. 380.0651(3)(j).
287	At a minimum, the plan shall identify adequate sites for such
288	housing. For purposes of this sub-subparagraph, the term
289	"workforce housing" means housing that is affordable to natural
290	persons or families whose total household income does not exceed
291	140 percent of the area median income, adjusted for household
292	size.
293	j.  Failure by a local government to comply with the
294	requirement of sub-subparagraph i. will result in the local
295	government being ineligible to receive any state housing
296	assistance grants until the requirement of sub-subparagraph h.
297	is met.
298
299	The goals, objectives, and policies of the housing element must
300	be based on the data and analysis prepared on housing needs,
301	including the affordable housing needs assessment. State and
302	federal housing plans prepared on behalf of the local government
303	must be consistent with the goals, objectives, and policies of
304	the housing element. Local governments are encouraged to utilize
305	job training, job creation, and economic solutions to address a
306	portion of their affordable housing concerns.
307	2.  To assist local governments in housing data collection
308	and analysis and assure uniform and consistent information
309	regarding the state's housing needs, the state land planning
310	agency shall conduct an affordable housing needs assessment for
311	all local jurisdictions on a schedule that coordinates the
312	implementation of the needs assessment with the evaluation and
313	appraisal reports required by s. 163.3191. Each local government
314	shall utilize the data and analysis from the needs assessment as
315	one basis for the housing element of its local comprehensive
316	plan. The agency shall allow a local government the option to
317	perform its own needs assessment, if it uses the methodology
318	established by the agency by rule.
319	3.  The housing element shall contain goals and policies to
320	guide the local government in facilitating private and public
321	provision of affordable housing to serve the residents and
322	workforce with consideration given to recommendations by the
323	affordable housing advisory committee pursuant to s. 420.9076,
324	if applicable.
325	Section 2.  Subsection (5) of section 163.31771, Florida
326	Statutes, is amended to read:
327	163.31771  Accessory dwelling units.--
328	(5)  Each accessory dwelling unit allowed by an ordinance
329	adopted under this section shall apply toward satisfying the
330	affordable housing component of the housing element in the local
331	government's comprehensive plan under s. 163.3177(6)(f). The
332	local government may elect not to apply transportation
333	concurrency and impact fee requirements on accessory units that
334	are subject to a recorded land use restriction agreement
335	restricting the unit's use to affordable housing.
336	Section 3.  Subsection (5) of section 163.3180, Florida
337	Statutes, is amended to read:
338	163.3180  Concurrency.--
339	(5)(a)  The Legislature finds that under limited
340	circumstances dealing with transportation facilities,
341	countervailing planning and public policy goals may come into
342	conflict with the requirement that adequate public facilities
343	and services be available concurrent with the impacts of such
344	development. The Legislature further finds that often the
345	unintended result of the concurrency requirement for
346	transportation facilities is the discouragement of urban infill
347	development and redevelopment. Such unintended results directly
348	conflict with the goals and policies of the state comprehensive
349	plan and the intent of this part. Therefore, exceptions from the
350	concurrency requirement for transportation facilities may be
351	granted as provided by this subsection.
352	(b)  A local government may grant an exception from the
353	concurrency requirement for transportation facilities if the
354	proposed development is otherwise consistent with the adopted
355	local government comprehensive plan and is a project that
356	promotes public transportation, provides affordable housing in
357	close proximity to employment centers, or is located within an
358	area designated in the comprehensive plan for:
359	1.  Urban infill development,
360	2.  Urban redevelopment,
361	3.  Downtown revitalization, or
362	4.  Urban infill and redevelopment under s. 163.2517.
363	(c)  The Legislature also finds that developments located
364	within urban infill, urban redevelopment, existing urban
365	service, or downtown revitalization areas or areas designated as
366	urban infill and redevelopment areas under s. 163.2517 which
367	pose only special part-time demands on the transportation system
368	should be excepted from the concurrency requirement for
369	transportation facilities. A special part-time demand is one
370	that does not have more than 200 scheduled events during any
371	calendar year and does not affect the 100 highest traffic volume
372	hours.
373	(d)  The Legislature finds that where residential units are
374	placed in close proximity to places of employment to reduce the
375	burden on transportation facilities, and where the units are
376	developed in a manner to be affordable to the workforce of that
377	employment center, local governments should consider the
378	systemwide benefits to the transportation system and may exempt
379	trips associated with the residential units from concurrency if
380	locating additional residential units in specific areas will
381	reduce long trip length burdens on the larger transportation
382	system.
383	(e)(d)  A local government shall establish guidelines in
384	the comprehensive plan for granting the exceptions authorized in
385	paragraphs (b), and (c), and (d) and subsections (7) and (15)
386	which must be consistent with and support a comprehensive
387	strategy adopted in the plan to promote the purpose of the
388	exceptions.
389	(f)(e)  The local government shall adopt into the plan and
390	implement strategies to support and fund mobility within the
391	designated exception area, including alternative modes of
392	transportation. The plan amendment shall also demonstrate how
393	strategies will support the purpose of the exception and how
394	mobility within the designated exception area will be provided.
395	In addition, the strategies must address urban design;
396	appropriate land use mixes, including intensity and density; and
397	network connectivity plans needed to promote urban infill,
398	redevelopment, or downtown revitalization. The comprehensive
399	plan amendment designating the concurrency exception area shall
400	be accompanied by data and analysis justifying the size of the
401	area.
402	(g)(f)  Prior to the designation of a concurrency exception
403	area, the Department of Transportation shall be consulted by the
404	local government to assess the impact that the proposed
405	exception area is expected to have on the adopted level-of-
406	service standards established for Strategic Intermodal System
407	facilities, as defined in s. 339.64, and roadway facilities
408	funded in accordance with s. 339.2819. Further, the local
409	government shall, in cooperation with the Department of
410	Transportation, develop a plan to mitigate any impacts to the
411	Strategic Intermodal System, including, if appropriate, the
412	development of a long-term concurrency management system
413	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
414	may be available only within the specific geographic area of the
415	jurisdiction designated in the plan. Pursuant to s. 163.3184,
416	any affected person may challenge a plan amendment establishing
417	these guidelines and the areas within which an exception could
418	be granted.
419	(h)(g)  Transportation concurrency exception areas existing
420	prior to July 1, 2005, shall meet, at a minimum, the provisions
421	of this section by July 1, 2006, or at the time of the
422	comprehensive plan update pursuant to the evaluation and
423	appraisal report, whichever occurs last.
424	Section 4.  Subsection (19) is added to section 163.3184,
425	Florida Statutes, to read:
426	163.3184  Process for adoption of comprehensive plan or
427	plan amendment.--
428	(19)  Any local government that identifies in its
429	comprehensive plan the types of housing developments and
430	conditions for which it will consider plan amendments that are
431	consistent with the local housing incentive strategies
432	identified in s. 420.9076 and authorized by the local government
433	may expedite consideration of such plan amendments. At least 30
434	days prior to adopting a plan amendment pursuant to this
435	subsection, the local government shall provide notice to the
436	state land planning agency of its intent to adopt such an
437	amendment, and the notice shall include the local government's
438	evaluation related to site suitability and availability of
439	facilities and services. A plan amendment considered under this
440	subsection shall require only a single public hearing before the
441	local governmental body, which shall be a plan amendment
442	adoption hearing as described in subsection (7). The public
443	notice of the hearing required under subparagraph (15)(b)2.
444	shall include a statement that the local government intends to
445	utilize the expedited adoption process authorized by this
446	subsection. The state land planning agency shall issue its
447	notice of intent required under subsection (8) within 30 days
448	after determining that the amendment package is complete. Any
449	further proceedings shall be governed by subsections (9)-(16).
450	Section 5.  Paragraph (p) is added to subsection (1) of
451	section 163.3187, Florida Statutes, to read:
452	163.3187  Amendment of adopted comprehensive plan.--
453	(1)  Amendments to comprehensive plans adopted pursuant to
454	this part may be made not more than two times during any
455	calendar year, except:
456	(p)  Any local government comprehensive plan amendment that
457	is consistent with the local housing incentive strategies
458	identified in s. 420.9076 and is authorized by the local
459	government.
460	Section 6.  Paragraph (i) is added to subsection (2) of
461	section 163.3202, Florida Statutes, to read:
462	163.3202  Land development regulations.--
463	(2)  Local land development regulations shall contain
464	specific and detailed provisions necessary or desirable to
465	implement the adopted comprehensive plan and shall as a minimum:
466	(i)  Maintain the existing density of residential
467	properties or recreational vehicle parks when the properties are
468	intended for residential use and are located in unincorporated
469	areas with sufficient infrastructure, as determined by a local
470	governing authority.
471	Section 7.  Section 193.018, Florida Statutes, is created
472	to read:
473	193.018  Affordable Housing Property Tax Relief
474	Initiative.--
475	(1)  For the purpose of assessing just valuation of
476	affordable housing properties that have a land use restriction
477	recorded with the clerk of the county that requires
478	affordability, as provided in this subsection, for a period of
479	at least 20 years, the actual rental income from rent-restricted
480	units in each property shall be recognized by the property
481	appraiser for assessment purposes, and a rental income approach
482	pursuant to s. 193.011(7) shall be used for assessment of the
483	following affordable housing properties:
484	(a)  Properties that are funded and rent restricted by the
485	United States Department of Housing and Urban Development under
486	s. 8 of the United States Housing Act of 1937 that are used to
487	provide affordable housing serving eligible persons as defined
488	by s. 159.603(7) and elderly persons, extremely-low-income
489	persons, and very-low-income persons as defined by s.
490	420.0004(7), (8), and (15) and that has undergone financial
491	restructuring as provided in s. 501, Title V, Subtitle A of the
492	Multifamily Assisted Housing Reform and Affordability Act of
493	1997;
494	(b)  Multifamily, farmworker, or elderly rental properties
495	that are funded and rent restricted by the Florida Housing
496	Finance Corporation under ss. 420.5087, 420.5089, and 420.5095,
497	the State Housing Initiatives Partnership Program under ss.
498	420.9072 and 420.9075, and s. 42 of the Internal Revenue Code of
499	1986, as amended; the HOME Investment Partnership Program under
500	the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C.
501	ss. 12741 et seq.; or the Federal Home Loan Banks' Affordable
502	Housing Program established pursuant to the Financial
503	Institutions Reform, Recovery and Enforcement Act of 1989, Pub.
504	L. No. 101-73; or
505	(c)  Multifamily residential rental properties of 10 or
506	more units that are certified as being deed restricted by the
507	local public housing agency as having 100 percent of its units
508	providing affordable housing to extremely-low-income persons,
509	low-income persons, moderate-income persons, and very-low-income
510	persons, as defined by s. 420.0004(8), (10), (11), and (15).
511	(2)  Properties used for affordable housing which have
512	received a low-income housing tax credit from the Florida
513	Housing Finance Corporation, as authorized by s. 420.5099, shall
514	be assessed with the rental income approach under s. 193.011(7)
515	and, consistent with s. 420.5099(5) and (6), pursuant to this
516	section, the following assumptions shall apply:
517	(a)  The tax credits granted and the financing generated by
518	the tax credits may not be considered as income to the property.
519	(b)  The actual rental income from rent-restricted units in
520	each property shall be recognized by the property appraiser as
521	the real rents for assessing just value.
522	(c)  Any costs paid for by tax credits and costs paid for
523	by additional financing proceeds received under chapter 420 may
524	not be included in the valuation of the property.
525	(3)  If an extended low-income housing agreement is filed
526	in the official public records of the county in which an
527	affordable housing property serving extremely-low-income
528	persons, low-income persons, moderate-income persons, and very-
529	low-income persons, as defined in s. 420.0004(8), (10), (11),
530	and (15), is located, the agreement and any recorded amendment
531	or supplement thereto shall be considered a land use regulation
532	and a limitation on the highest and best use of the property
533	during the term of the agreement, amendment, or supplement.
534	Section 8.  Section 193.0185, Florida Statutes, is created
535	to read:
536	193.0185  Assessment of improvements on lands used by a
537	community land trust to provide affordable housing.--
538	(1)  As used in this section, the term "community land
539	trust" means a nonprofit entity that is qualified as charitable
540	under s. 501(c)(3) of the Internal Revenue Code and has as one
541	of its purposes the acquisition of land to be held in perpetuity
542	for the primary purpose of providing affordable homeownership
543	through the conveyance of structural improvements located on
544	such land, subject to a ground lease having a term of 99 years,
545	while retaining a preemptive option to purchase any structural
546	improvements on the land at a price determined by a formula that
547	is designed to ensure that the improvements remain affordable to
548	persons who meet the income limits in s. 420.0004(8), (10),
549	(11), or (15).
550	(2)  In assessing property for ad valorem taxation under s.
551	193.011, an improvement used for affordable housing on land
552	owned by a community land trust and subject to such a ground
553	lease shall be assessed according to the following criteria:
554	(a)  The amount a willing purchaser would pay a willing
555	seller shall be limited to the amount determined by the formula
556	in the ground lease.
557	(b)  If the ground lease and all amendments and supplements
558	to such lease, or a memorandum documenting how such lease and
559	amendments or supplements restrict the price at which the
560	improvements may be sold, is recorded and filed in the official
561	public records of the county in which the leased land is
562	located, the lease and any amendments or supplements shall be
563	deemed a land use regulation during the term of the lease as
564	amended or supplemented.
565	Section 9.  Section 196.1978, Florida Statutes, is amended
566	to read:
567	196.1978  Affordable housing property exemption.--Property
568	used to provide affordable housing serving eligible persons as
569	defined by s. 159.603(7) and persons meeting income limits
570	specified in s. 420.0004(8), (10), (11), and (15), which
571	property is owned entirely by a nonprofit entity that is a
572	corporation not for profit pursuant to chapter 617 or a Florida
573	limited partnership, the sole general partner of which is a
574	corporation not for profit pursuant to chapter 617, that which
575	is qualified as charitable under s. 501(c)(3) of the Internal
576	Revenue Code, and that and which complies with Rev. Proc. 96-32,
577	1996-1 C.B. 717, shall be considered property owned by an exempt
578	entity and used for a charitable purpose, and those portions of
579	the affordable housing property which provide housing to
580	individuals with incomes as defined in s. 420.0004(10) and (15)
581	shall be exempt from ad valorem taxation to the extent
582	authorized in s. 196.196. All property identified in this
583	section shall comply with the criteria for determination of
584	exempt status to be applied by property appraisers on an annual
585	basis as defined in s. 196.195. The Legislature intends that any
586	property owned by a limited liability company or limited
587	partnership which is disregarded as an entity for federal income
588	tax purposes pursuant to Treasury Regulation 301.7701-
589	3(b)(1)(ii) shall be treated as owned by its sole member.
590	Section 10.  Sections 197.307, 197.3071, 197.3072,
591	197.3073, 197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and
592	197.3079, Florida Statutes, are created to read:
593	197.307  Deferrals for ad valorem taxes and non-ad valorem
594	assessments on affordable rental housing property.--
595	(1)  A board of county commissioners or the governing
596	authority of a municipality may adopt an ordinance to allow for
597	ad valorem tax deferrals on affordable rental housing if the
598	owners are engaging in the operation, rehabilitation, or
599	renovation of such properties in accordance with the guidelines
600	provided in part VI of chapter 420.
601	(2)  The board of county commissioners or the governing
602	authority of a municipality may also, by ordinance, authorize
603	the deferral of non-ad valorem assessments, as defined in s.
604	197.3632, on affordable rental housing.
605	(3)  The ordinance must designate the percentage or amount
606	of the deferral and the type and location of affordable rental
607	housing property for which a deferral may be granted. The
608	ordinance may also require the property to be located within a
609	particular geographic area or areas of the county or
610	municipality.
611	(4)  The ordinance must specify that the deferral applies
612	only to taxes and assessments levied by the unit of government
613	granting the deferral. However, a deferral may not be granted
614	for taxes or non-ad valorem assessments levied for the payment
615	of bonds or for taxes authorized by a vote of the electors
616	pursuant to s. 9(b) or s. 12, Art. VII of the State
617	Constitution.
618	(5)  The ordinance must specify that any deferral granted
619	remains in effect for the period for which it is granted
620	regardless of any change in the authority of the county or
621	municipality to grant the deferral. In order to retain the
622	deferral, however, the use and ownership of the property as
623	affordable rental housing must be maintained over the period for
624	which the deferral is granted.
625	(6)  If an application for tax deferral is granted on
626	property that is located in a community redevelopment area as
627	defined in s. 163.340:
628	(a)  The amount of taxes eligible for deferral must be
629	reduced, as provided for in paragraph (b), if:
630	1.  The community redevelopment agency has previously
631	issued instruments of indebtedness which are secured by
632	increment revenues on deposit in the community redevelopment
633	trust fund; and
634	2.  The instruments of indebtedness are associated with the
635	real property applying for the deferral.
636	(b)  The tax deferral does not apply to an amount of taxes
637	equal to the amount that must be deposited into the community
638	redevelopment trust fund by the entity granting the deferral
639	based upon the taxable value of the property upon which the
640	deferral is being granted. Once all instruments of indebtedness
641	that existed at the time the deferral was originally granted are
642	no longer outstanding or have otherwise been defeased, this
643	paragraph no longer applies.
644	(c)  If a portion of the taxes on a property are not
645	eligible for deferral as provided under paragraph (b), the
646	community redevelopment agency shall notify the property owner
647	and the tax collector 1 year before the debt instruments that
648	prevented such taxes from being deferred are no longer
649	outstanding or otherwise defeased.
650	(d)  The tax collector shall notify a community
651	redevelopment agency of any tax deferral that has been granted
652	on property located within the agency's community redevelopment
653	area.
654	(e)  Issuance of debt obligation after the date a deferral
655	has been granted does not reduce the amount of taxes eligible
656	for deferral.
657	(7)  The tax collector shall notify:
658	(a)  The taxpayer of each parcel appearing on the real
659	property assessment roll of the law allowing the deferral of
660	taxes, non-ad valorem assessments, and interest under ss.
661	197.307-197.3079. Such notice shall be printed on the back of
662	envelopes used to mail the notice of taxes as provided under s.
663	197.322(3). Such notice shall read:
664
665	NOTICE TO TAXPAYERS OWNING
666
667	AFFORDABLE RENTAL HOUSING PROPERTY
668
669	If your property meets certain conditions you may qualify for a
670	deferred tax payment plan on your affordable rental housing
671	property.  An application to determine your eligibility is
672	available in the county tax collector's office.
673	(b)  On or before November 1 of each year, each taxpayer
674	for whom a tax deferral has been previously granted of the
675	accumulated sum of deferred taxes, non-ad valorem assessments,
676	and interest outstanding.
677	197.3071  Eligibility for tax deferral.--The tax deferral
678	authorized by this section is applicable only on a prorata basis
679	to the ad valorem taxes levied on residential units within a
680	property which meet the following conditions:
681	(1)  Units for which the monthly rent along with taxes,
682	insurance, and utilities does not exceed 30 percent of the
683	median adjusted gross annual income as defined in s. 420.0004
684	for the households described in subsection (2).
685	(2)  Units that are occupied by extremely-low-income
686	persons, very-low-income persons, low-income persons, or
687	moderate-income persons as these terms are defined in s.
688	420.0004.
689	197.3072  Deferral for affordable rental housing
690	properties.--
691	(1)  Any property owner in a jurisdiction that has adopted
692	an ad valorem tax-deferral ordinance or a deferral of non-ad
693	valorem assessments ordinance pursuant to s. 197.307 and who
694	owns an eligible affordable rental housing property as described
695	in s. 197.3071 may apply for a deferral of payment by filing an
696	annual application for deferral with the county tax collector on
697	or before January 31 following the year in which the taxes and
698	non-ad valorem assessments are assessed. The property owner has
699	the burden to affirmatively demonstrate compliance with the
700	requirements of this section.
701	(2)  Approval by the tax collector defers that portion of
702	the combined total of ad valorem taxes and any non-ad valorem
703	assessments plus interest that are authorized to be deferred by
704	an ordinance enacted pursuant to s. 197.307.
705	(3)  Deferral may not be granted if:
706	(a)  The total amount of deferred taxes, non-ad valorem
707	assessments, and interest plus the total amount of all other
708	unsatisfied liens on the property exceeds 85 percent of the
709	assessed value of the property; or
710	(b)  The primary financing on the affordable rental housing
711	property is for an amount that exceeds 70 percent of the
712	assessed value of the property.
713	(4)  The amount of taxes deferred, non-ad valorem
714	assessments, and interest shall accrue interest at a rate equal
715	to the annually compounded rate of 3 percent plus the Consumer
716	Price Index for All Urban Consumers; however, the interest rate
717	may not exceed 9.5 percent.
718	(5)  The deferred taxes, non-ad valorem assessments, and
719	interest constitute a prior lien on the affordable rental
720	housing property and shall attach as of the date and in the same
721	manner and be collected as other liens for taxes as provided for
722	under this chapter, but such deferred taxes, non-ad valorem
723	assessments, and interest are due, payable, and delinquent as
724	provided in ss. 197.307-197.3079.
725	197.3073  Deferral application.--
726	(1)  The application for a deferral of ad valorem taxes and
727	non-ad valorem assessments must be made annually upon a form
728	prescribed by the department and furnished by the county tax
729	collector. The application form must be signed under oath by the
730	property owner applying for the deferral before an officer
731	authorized by the state to administer oaths. The application
732	form must provide notice to the property owner of the manner in
733	which interest is computed. The application form must contain an
734	explanation of the conditions to be met for approval of the
735	deferral and the conditions under which deferred taxes, non-ad
736	valorem assessments, and interest become due, payable, and
737	delinquent. Each application must clearly state that all
738	deferrals pursuant to this section constitute a lien on the
739	property for which the deferral is granted. The tax collector
740	may require the property owner to submit any other evidence and
741	documentation considered necessary by the tax collector in
742	reviewing the application.
743	(2)  The tax collector shall consider and render his or her
744	findings, determinations, and decision on each annual
745	application for a deferral for affordable rental housing within
746	45 days after the date the application is filed. The tax
747	collector shall exercise reasonable discretion based upon
748	applicable information available under this section. The
749	determinations and findings of the tax collector are not quasi
750	judicial and are subject exclusively to review by the value
751	adjustment board as provided by this section. A tax collector
752	who finds that a property owner is entitled to the deferral
753	shall approve the application and file the application in the
754	permanent records.
755	(a)  A tax collector who finds that a property owner is not
756	entitled to the deferral shall send a notice of disapproval
757	within 45 days after the date the application is filed, giving
758	reasons for the disapproval. The notice must be sent by personal
759	delivery or registered mail to the mailing address given by the
760	property owner in the manner in which the original notice was
761	served upon the property owner and must be filed among the
762	permanent records of the tax collector's office. The original
763	notice of disapproval sent to the property owner shall advise
764	the property owner of the right to appeal the decision of the
765	tax collector to the value adjustment board and provide the
766	procedures for filing an appeal.
767	(b)  An appeal by the property owner of the decision of the
768	tax collector to deny the deferral must be submitted to the
769	value adjustment board on a form prescribed by the department
770	and furnished by the tax collector. The appeal must be filed
771	with the value adjustment board within 20 days after the
772	applicant's receipt of the notice of disapproval, and the board
773	must approve or disapprove the appeal within 30 days after
774	receipt of the appeal. The value adjustment board shall review
775	the application and the evidence presented to the tax collector
776	upon which the property owner based a claim for deferral and, at
777	the election of the property owner, shall hear the property
778	owner in person, or by agent on the property owner's behalf,
779	concerning his or her right to the deferral. The value
780	adjustment board shall reverse the decision of the tax collector
781	and grant a deferral to the property owner if, in its judgment,
782	the property owner is entitled to the deferral or shall affirm
783	the decision of the tax collector. Action by the value
784	adjustment board is final unless the property owner or tax
785	collector or other lienholder, within 15 days after the date of
786	disapproval of the application by the board, files for a de novo
787	proceeding for a declaratory judgment or other appropriate
788	proceeding in the circuit court of the county in which the
789	property is located.
790	(3)  Each application for deferral must contain a list of,
791	and the current value of, all outstanding liens on the property
792	for which a deferral is requested.
793	(4)  For approved applications, the date the deferral
794	application is received by the tax collector shall be the date
795	used in calculating taxes due and payable at the expiration of
796	the tax deferral net of discounts for early payment.
797	(5)  If proof has not been furnished with a prior
798	application, each property owner shall furnish proof of fire and
799	extended coverage insurance in an amount that is in excess of
800	the sum of all outstanding liens including a lien for the
801	deferred taxes, non-ad valorem assessments, and interest with a
802	loss payable clause to the county tax collector.
803	(6)  The tax collector shall notify the property appraiser
804	in writing of those parcels for which taxes or assessments have
805	been deferred.
806	(7)  The property appraiser shall promptly notify the tax
807	collector of changes in ownership or use of properties that have
808	been granted a deferral.
809	(8)  The property owner shall promptly notify the tax
810	collector of changes in ownership or use of properties that have
811	been granted tax deferrals.
812	197.3074  Deferred payment tax certificates.--
813	(1)  The tax collector shall notify each local governing
814	body of the amount of taxes and non-ad valorem assessments
815	deferred which would otherwise have been collected for the
816	governing body. The tax collector shall, at the time of the tax
817	certificate sale held under s. 197.432 strike each certificate
818	off to the county. Certificates issued under this section are
819	exempt from the public sale of tax certificates held pursuant to
820	s. 197.432.
821	(2)  The certificates held by the county shall bear
822	interest at a rate equal to the annually compounded rate of 3
823	percent plus the Consumer Price Index for All Urban Consumers;
824	however, the interest rate may not exceed 9.5 percent.
825	197.3075  Change in use or ownership of property.--
826	(1)  If there is a change in use or ownership of the
827	property that has been granted an ad valorem tax or non-ad
828	valorem assessment deferral such that the property owner is no
829	longer entitled to claim the property as an affordable rental
830	housing property, or if there is a change in the legal or
831	beneficial ownership of the property, or if the owner fails to
832	maintain the required fire and extended insurance coverage, the
833	total amount of deferred taxes, non-ad valorem assessments, and
834	interest for all previous years becomes due and payable November
835	1 of the year in which the change in use or ownership occurs or
836	on the date failure to maintain insurance occurs, and is
837	delinquent on April 1 of the year following the year in which
838	the change in use or ownership or failure to maintain insurance
839	occurs.
840	(2)  Whenever the property appraiser discovers that there
841	has been a change in the use or ownership of the property that
842	has been granted a deferral, the property appraiser shall notify
843	the tax collector in writing of the date such change occurs, and
844	the tax collector shall collect any taxes, non-ad valorem
845	assessments, and interest due or delinquent.
846	(3)  During any year in which the total amount of deferred
847	taxes, non-ad valorem assessments, interest, and all other
848	unsatisfied liens on the property exceeds 85 percent of the
849	assessed value of the property, the tax collector shall
850	immediately notify the property owner that the portion of taxes,
851	non-ad valorem assessments, and interest which exceeds 85
852	percent of the assessed value of the property is due and payable
853	within 30 days after receipt of the notice. Failure to pay the
854	amount due shall cause the total amount of deferred taxes, non-
855	ad valorem assessments, and interest to become delinquent.
856	(4)  If on or before June 1 following the date the taxes
857	deferred under this subsection become delinquent, the tax
858	collector shall sell a tax certificate for the delinquent taxes
859	and interest in the manner provided by s. 197.432.
860	197.3076  Prepayment of deferred taxes and non-ad valorem
861	assessments.--
862	(1)  All or part of the deferred taxes, non-ad valorem
863	assessments, and accrued interest may at any time be paid to the
864	tax collector by:
865	(a)  The property owner; or
866	(b)  The property owner's next of kin, heir, child, or any
867	person having or claiming a legal or equitable interest in the
868	property, if an objection is not made by the owner within 30
869	days after the tax collector notifies the property owner of the
870	fact that such payment has been tendered.
871	(2)  Any partial payment made pursuant to this section
872	shall be applied first to accrued interest.
873	197.3077  Distribution of payments.--When any deferred tax,
874	non-ad valorem assessment, or interest is collected, the tax
875	collector shall maintain a record of the payment, setting forth
876	a description of the property and the amount of taxes or
877	interest collected for the property. The tax collector shall
878	distribute payments received in accordance with the procedures
879	for distributing ad valorem taxes, non-ad valorem assessments,
880	or redemption moneys as prescribed in this chapter.
881	197.3078  Construction.--This section does not prevent the
882	collection of personal property taxes that become a lien against
883	tax-deferred property, or defer payment of special assessments
884	to benefited property other than those specifically allowed to
885	be deferred, or affect any provision of any mortgage or other
886	instrument relating to property requiring a person to pay ad
887	valorem taxes or non-ad valorem assessments.
888	197.3079  Penalties.--
889	(1)  The following penalties shall be imposed on any person
890	who willfully files information required under this section
891	which is incorrect:
892	(a)  The person shall pay the total amount of deferred
893	taxes, non-ad valorem assessments, and interest which shall
894	immediately become due;
895	(b)  The person shall be disqualified from filing a tax-
896	deferral application for the next 3 years; and
897	(c)  The person shall pay a penalty of 25 percent of the
898	total amount of taxes, non-ad valorem assessments, and interest
899	deferred.
900	(2)  Any person against whom penalties have been imposed
901	may appeal to the value adjustment board within 30 days after
902	the date the penalties were imposed.
903	Section 11.  Paragraphs (e) and (i) of subsection (19) of
904	section 380.06, Florida Statutes, are amended to read:
905	380.06  Developments of regional impact.--
906	(19)  SUBSTANTIAL DEVIATIONS.--
907	(e)1.  Except for a development order rendered pursuant to
908	subsection (22) or subsection (25), a proposed change to a
909	development order that individually or cumulatively with any
910	previous change is less than any numerical criterion contained
911	in subparagraphs (b)1.-13. and does not exceed any other
912	criterion, or that involves an extension of the buildout date of
913	a development, or any phase thereof, of less than 5 years is not
914	subject to the public hearing requirements of subparagraph
915	(f)3., and is not subject to a determination pursuant to
916	subparagraph (f)5. Notice of the proposed change shall be made
917	to the regional planning council and the state land planning
918	agency. Such notice shall include a description of previous
919	individual changes made to the development, including changes
920	previously approved by the local government, and shall include
921	appropriate amendments to the development order.
922	2.  The following changes, individually or cumulatively
923	with any previous changes, are not substantial deviations:
924	a.  Changes in the name of the project, developer, owner,
925	or monitoring official.
926	b.  Changes to a setback that do not affect noise buffers,
927	environmental protection or mitigation areas, or archaeological
928	or historical resources.
929	c.  Changes to minimum lot sizes.
930	d.  Changes in the configuration of internal roads that do
931	not affect external access points.
932	e.  Changes to the building design or orientation that stay
933	approximately within the approved area designated for such
934	building and parking lot, and which do not affect historical
935	buildings designated as significant by the Division of
936	Historical Resources of the Department of State.
937	f.  Changes to increase the acreage in the development,
938	provided that no development is proposed on the acreage to be
939	added.
940	g.  Changes to eliminate an approved land use, provided
941	that there are no additional regional impacts.
942	h.  Changes required to conform to permits approved by any
943	federal, state, or regional permitting agency, provided that
944	these changes do not create additional regional impacts.
945	i.  Any renovation or redevelopment of development within a
946	previously approved development of regional impact which does
947	not change land use or increase density or intensity of use.
948	j.  Changes that modify boundaries and configuration of
949	areas described in subparagraph (b)14. due to science-based
950	refinement of such areas by survey, by habitat evaluation, by
951	other recognized assessment methodology, or by an environmental
952	assessment. In order for changes to qualify under this sub-
953	subparagraph, the survey, habitat evaluation, or assessment must
954	occur prior to the time a conservation easement protecting such
955	lands is recorded and must not result in any net decrease in the
956	total acreage of the lands specifically set aside for permanent
957	preservation in the final development order.
958	k. Changes to permit the sale of owner-occupied affordable
959	housing units to the next higher income qualified class as
960	defined in the development order, provided that the developer
961	has actively marketed the unit for a minimum period of 6 months,
962	is unable to close a sale to a qualified buyer in the targeted
963	income class, the unit has been issued a certificate of
964	occupancy, and sells to a buyer qualified in the next higher
965	income qualified class at a price no greater than the price the
966	unit was originally marketed to the lower income qualified
967	class. This provision shall not be applied to residential units
968	approved pursuant to subparagraph (b)7. or paragraph (i).
969	l.k.  Any other change which the state land planning
970	agency, in consultation with the regional planning council,
971	agrees in writing is similar in nature, impact, or character to
972	the changes enumerated in sub-subparagraphs a.-j. and which does
973	not create the likelihood of any additional regional impact.
974
975	This subsection does not require the filing of a notice of
976	proposed change but shall require an application to the local
977	government to amend the development order in accordance with the
978	local government's procedures for amendment of a development
979	order. In accordance with the local government's procedures,
980	including requirements for notice to the applicant and the
981	public, the local government shall either deny the application
982	for amendment or adopt an amendment to the development order
983	which approves the application with or without conditions.
984	Following adoption, the local government shall render to the
985	state land planning agency the amendment to the development
986	order. The state land planning agency may appeal, pursuant to s.
987	380.07(3), the amendment to the development order if the
988	amendment involves sub-subparagraph g., sub-subparagraph h.,
989	sub-subparagraph j., or sub-subparagraph k., or sub-subparagraph
990	l., and it believes the change creates a reasonable likelihood
991	of new or additional regional impacts.
992	3.  Except for the change authorized by sub-subparagraph
993	2.f., any addition of land not previously reviewed or any change
994	not specified in paragraph (b) or paragraph (c) shall be
995	presumed to create a substantial deviation. This presumption may
996	be rebutted by clear and convincing evidence.
997	4.  Any submittal of a proposed change to a previously
998	approved development shall include a description of individual
999	changes previously made to the development, including changes
1000	previously approved by the local government. The local
1001	government shall consider the previous and current proposed
1002	changes in deciding whether such changes cumulatively constitute
1003	a substantial deviation requiring further development-of-
1004	regional-impact review.
1005	5.  The following changes to an approved development of
1006	regional impact shall be presumed to create a substantial
1007	deviation. Such presumption may be rebutted by clear and
1008	convincing evidence.
1009	a.  A change proposed for 15 percent or more of the acreage
1010	to a land use not previously approved in the development order.
1011	Changes of less than 15 percent shall be presumed not to create
1012	a substantial deviation.
1013	b.  Notwithstanding any provision of paragraph (b) to the
1014	contrary, a proposed change consisting of simultaneous increases
1015	and decreases of at least two of the uses within an authorized
1016	multiuse development of regional impact which was originally
1017	approved with three or more uses specified in s. 380.0651(3)(c),
1018	(d), (e), and (f) and residential use.
1019	(i)  An increase in the number of residential dwelling
1020	units shall not constitute a substantial deviation and shall not
1021	be subject to development-of-regional-impact review for
1022	additional impacts, provided that all the residential dwelling
1023	units are dedicated to affordable workforce housing and the
1024	total number of new residential units does not exceed 200
1025	percent of the substantial deviation threshold. The affordable
1026	workforce housing shall be subject to a recorded land use
1027	restriction that shall be for a period of not less than 20 years
1028	and that includes resale provisions to ensure long-term
1029	affordability for income-eligible homeowners and renters. For
1030	purposes of this paragraph, the term "affordable workforce
1031	housing" means housing that is affordable to a person who earns
1032	less than 120 percent of the area median income, or less than
1033	140 percent of the area median income if located in a county in
1034	which the median purchase price for a single-family existing
1035	home exceeds the statewide median purchase price of a single-
1036	family existing home. For purposes of this paragraph, the term
1037	"statewide median purchase price of a single-family existing
1038	home" means the statewide purchase price as determined in the
1039	Florida Sales Report, Single-Family Existing Homes, released
1040	each January by the Florida Association of Realtors and the
1041	University of Florida Real Estate Research Center. The
1042	affordable workforce housing units developed in accordance with
1043	these provisions which are in close proximity to employment
1044	centers, as determined by the local government in accordance
1045	with s. 163.3177(6)(a), may be exempted from transportation
1046	concurrency regulations of s. 163.3180 and the local government
1047	may determine that associated trips do not reduce any
1048	transportation trip generation entitlements of the approved
1049	development-of-regional-impact development order.
1050	Section 12.  Paragraph (f) of subsection (3) of section
1051	380.0651, Florida Statutes, is amended to read:
1052	380.0651  Statewide guidelines and standards.--
1053	(3)  The following statewide guidelines and standards shall
1054	be applied in the manner described in s. 380.06(2) to determine
1055	whether the following developments shall be required to undergo
1056	development-of-regional-impact review:
1057	(f)  Hotel or motel development.--
1058	1.  Any proposed hotel or motel development that is planned
1059	to create or accommodate 350 or more units; or
1060	2.  Any proposed hotel or motel development that is planned
1061	to create or accommodate 750 or more units, in a county with a
1062	population greater than 500,000, and only in a geographic area
1063	specifically designated as highly suitable for increased
1064	threshold intensity in the approved local comprehensive plan and
1065	in the strategic regional policy plan.
1066	Section 13.  Subsections (2) and (3) of section 420.504,
1067	Florida Statutes, are amended to read:
1068	420.504  Public corporation; creation, membership, terms,
1069	expenses.--
1070	(2)  The corporation is constituted as a public
1071	instrumentality, and the exercise by the corporation of the
1072	power conferred by this act is considered to be the performance
1073	of an essential public function. The corporation is shall
1074	constitute an agency for the purposes of s. 120.52. The
1075	corporation is a state agency for purposes of s. 159.807(4)(a).
1076	The corporation is subject to chapter 119, subject to exceptions
1077	applicable to the corporation, and to the provisions of chapter
1078	286; however, the corporation shall be entitled to provide
1079	notice of internal review committee meetings for competitive
1080	proposals or procurement to applicants by mail, or facsimile, or
1081	publication on an Internet website, rather than by means of
1082	publication. The corporation is not governed by chapter 607 or
1083	chapter 617, but by the provisions of this part. If for any
1084	reason the establishment of the corporation is deemed in
1085	violation of law, such provision is severable and the remainder
1086	of this act remains in full force and effect.
1087	(3)  The corporation is a separate budget entity and is not
1088	subject to control, supervision, or direction by the Department
1089	of Community Affairs in any manner, including, but not limited
1090	to, personnel, purchasing, transactions involving real or
1091	personal property, and budgetary matters. The corporation shall
1092	consist of a board of directors composed of the Secretary of
1093	Community Affairs, or the secretary's designee, as an ex officio
1094	and voting member and eight members appointed by the Governor
1095	subject to confirmation by the Senate from the following:
1096	(a)  One citizen actively engaged in the residential home
1097	building industry.
1098	(b)  One citizen actively engaged in the banking or
1099	mortgage banking industry.
1100	(c)  One citizen who is a representative of those areas of
1101	labor engaged in home building.
1102	(d)  One citizen with experience in housing development who
1103	is an advocate for low-income persons.
1104	(e)  One citizen actively engaged in the commercial
1105	building industry.
1106	(f)  One citizen who is a former local government elected
1107	official.
1108	(g)  Two citizens of the state who are not principally
1109	employed as members or representatives of any of the groups
1110	specified in paragraphs (a)-(f).
1111	Section 14.  Section 420.506, Florida Statutes, is amended
1112	to read:
1113	420.506  Executive director; agents and employees.--The
1114	appointment and removal of an executive director shall be by the
1115	Secretary of Community Affairs, with the advice and consent of
1116	the corporation's board of directors. The executive director
1117	shall employ legal and technical experts and such other agents
1118	and employees, permanent and temporary, as the corporation may
1119	require, and shall communicate with and provide information to
1120	the Legislature with respect to the corporation's activities.
1121	The board is authorized, notwithstanding the provisions of s.
1122	216.262, to develop and implement rules regarding the employment
1123	of employees of the corporation and service providers, including
1124	legal counsel. The corporation is authorized to enter into a
1125	lease agreement with the Department of Management Services or
1126	the Department of Community Affairs for the lease of state
1127	employees from such entities, wherein an employee shall retain
1128	his or her status as a state employee but shall work under the
1129	direct supervision of the corporation, and shall retain the
1130	right to participate in the Florida Retirement System. The board
1131	of directors of the corporation is entitled to establish travel
1132	procedures and guidelines for employees of the corporation. The
1133	executive director's office and the corporation's files and
1134	records must be located in Leon County.
1135	Section 15.  Section 420.5061, Florida Statutes, is amended
1136	to read:
1137	420.5061  Transfer of agency assets and
1138	liabilities.--Effective January 1, 1998, all assets and
1139	liabilities and rights and obligations, including any
1140	outstanding contractual obligations, of the agency shall be
1141	transferred to The corporation is the as legal successor in all
1142	respects to the agency, and. the corporation is shall thereupon
1143	become obligated to the same extent as the agency under any
1144	existing agreements existing on December 31, 1997, and is be
1145	entitled to any rights and remedies previously afforded the
1146	agency by law or contract, including specifically the rights of
1147	the agency under chapter 201 and part VI of chapter 159. The
1148	corporation is a state agency for purposes of s. 159.807(4)(a).
1149	Effective January 1, 1998, all references under Florida law to
1150	the agency are deemed to mean the corporation. The corporation
1151	shall transfer to the General Revenue Fund an amount which
1152	otherwise would have been deducted as a service charge pursuant
1153	to s. 215.20(1) if the Florida Housing Finance Corporation Fund
1154	established by s. 420.508(5), the State Apartment Incentive Loan
1155	Fund established by s. 420.5087(7), the Florida Homeownership
1156	Assistance Fund established by s. 420.5088(4), the HOME
1157	Investment Partnership Fund established by s. 420.5089(1), and
1158	the Housing Predevelopment Loan Fund established by s.
1159	420.525(1) were each trust funds. For purposes of s. 112.313,
1160	the corporation is deemed to be a continuation of the agency,
1161	and the provisions thereof are deemed to apply as if the same
1162	entity remained in place. Any employees of the agency and agency
1163	board members covered by s. 112.313(9)(a)6. shall continue to be
1164	entitled to the exemption in that subparagraph, notwithstanding
1165	being hired by the corporation or appointed as board members of
1166	the corporation. Effective January 1, 1998, all state property
1167	in use by the agency shall be transferred to and become the
1168	property of the corporation.
1169	Section 16.  Subsection (30) of section 420.507, Florida
1170	Statutes, is amended, and subsection (46) is added to that
1171	section, to read:
1172	420.507  Powers of the corporation.--The corporation shall
1173	have all the powers necessary or convenient to carry out and
1174	effectuate the purposes and provisions of this part, including
1175	the following powers which are in addition to all other powers
1176	granted by other provisions of this part:
1177	(30)  To prepare and submit to the Executive Office of the
1178	Governor, the President of the Senate, and the Speaker of the
1179	House of Representatives secretary of the department a budget
1180	request for purposes of the corporation, which request shall,
1181	notwithstanding the provisions of chapter 216 and in accordance
1182	with s. 216.351, contain a request for operational expenditures
1183	and separate requests for other authorized corporation programs.
1184	The request shall not be required to contain information on the
1185	number of employees, salaries, or any classification thereof,
1186	and the approved operating budget therefor need not comply with
1187	s. 216.181(8)-(10). The secretary is authorized to include
1188	within the department's budget request the corporation's budget
1189	request in the form as authorized by this section.
1190	(46)  To require, as a condition of financing a multifamily
1191	rental project, that an agreement be recorded in the official
1192	records of the county where the real property is located, which
1193	requires that the project be used for housing defined as
1194	affordable in s. 420.0004(3) by persons defined in 420.0004(8),
1195	(10), (11), and (15). Such an agreement is a state land use
1196	regulation that limits the highest and best use of the property
1197	within the meaning of s. 193.011(2).
1198	Section 17.  Paragraph (d) of subsection (3) of section
1199	420.5087, Florida Statutes, is amended to read:
1200	420.5087  State Apartment Incentive Loan Program.--There is
1201	hereby created the State Apartment Incentive Loan Program for
1202	the purpose of providing first, second, or other subordinated
1203	mortgage loans or loan guarantees to sponsors, including for-
1204	profit, nonprofit, and public entities, to provide housing
1205	affordable to very-low-income persons.
1206	(3)  During the first 6 months of loan or loan guarantee
1207	availability, program funds shall be reserved for use by
1208	sponsors who provide the housing set-aside required in
1209	subsection (2) for the tenant groups designated in this
1210	subsection. The reservation of funds to each of these groups
1211	shall be determined using the most recent statewide very-low-
1212	income rental housing market study available at the time of
1213	publication of each notice of fund availability required by
1214	paragraph (6)(b). The reservation of funds within each notice of
1215	fund availability to the tenant groups in paragraphs (a), (b),
1216	and (d) may not be less than 10 percent of the funds available
1217	at that time. Any increase in funding required to reach the 10-
1218	percent minimum shall be taken from the tenant group that has
1219	the largest reservation. The reservation of funds within each
1220	notice of fund availability to the tenant group in paragraph (c)
1221	may not be less than 5 percent of the funds available at that
1222	time. The tenant groups are:
1223	(d)  Elderly persons. Ten percent of the amount reserved
1224	for the elderly shall be reserved to provide loans to sponsors
1225	of housing for the elderly for the purpose of making building
1226	preservation, health, or sanitation repairs or improvements
1227	which are required by federal, state, or local regulation or
1228	code, or lifesafety or security-related repairs or improvements
1229	to such housing. Such a loan may not exceed $750,000 per housing
1230	community for the elderly. In order to receive the loan, the
1231	sponsor of the housing community must make a commitment to match
1232	at least 5 percent of the loan amount to pay the cost of such
1233	repair or improvement. The corporation shall establish the rate
1234	of interest on the loan, which may not exceed 3 percent, and the
1235	term of the loan, which may not exceed 15 years; however, if the
1236	lien of the corporation's encumbrance is subordinate to the lien
1237	of another mortgagee, then the term may be made coterminous with
1238	the longest term of the superior lien. The term of the loan
1239	shall be established on the basis of a credit analysis of the
1240	applicant. The corporation may forgive indebtedness for a share
1241	of the loan attributable to the units in a project reserved for
1242	extremely-low-income elderly for nonprofit organizations, as
1243	defined in s. 420.0004(5), where the project has provided
1244	affordable housing to the elderly for 15 years or more. The
1245	corporation shall establish, by rule, the procedure and criteria
1246	for receiving, evaluating, and competitively ranking all
1247	applications for loans under this paragraph. A loan application
1248	must include evidence of the first mortgagee's having reviewed
1249	and approved the sponsor's intent to apply for a loan. A
1250	nonprofit organization or sponsor may not use the proceeds of
1251	the loan to pay for administrative costs, routine maintenance,
1252	or new construction.
1253	Section 18.  Section 420.5095, Florida Statutes, is amended
1254	to read:
1255	420.5095  Community Workforce Housing Innovation Pilot
1256	Program.--
1257	(1)  The Legislature finds and declares that recent rapid
1258	increases in the median purchase price of a home and the cost of
1259	rental housing have far outstripped the increases in median
1260	income in the state, preventing essential services personnel
1261	from living in the communities where they serve and thereby
1262	creating the need for innovative solutions for the provision of
1263	housing opportunities for essential services personnel.
1264	(2)  The Community Workforce Housing Innovation Pilot
1265	Program is created to provide affordable rental and home
1266	ownership community workforce housing for essential services
1267	personnel affected by the high cost of housing, using regulatory
1268	incentives and state and local funds to promote local public-
1269	private partnerships and leverage government and private
1270	resources.
1271	(3)  For purposes of this section, the following
1272	definitions apply:
1273	(a)  "Workforce housing" means housing affordable to
1274	natural persons or families whose total annual household income
1275	does not exceed 140 percent of the area median income, adjusted
1276	for household size, or 150 percent of area median income,
1277	adjusted for household size, in areas of critical state concern
1278	designated under s. 380.05, for which the Legislature has
1279	declared its intent to provide affordable housing, and areas
1280	that were designated as areas of critical state concern for at
1281	least 20 consecutive years prior to removal of the designation.
1282	(b)  "Essential services personnel" means persons in need
1283	of affordable housing who are employed in occupations or
1284	professions in which they are considered essential services
1285	personnel, as defined by each county and eligible municipality
1286	within its respective local housing assistance plan pursuant to
1287	s. 420.9075(3)(a).
1288	(c)  "Public-private partnership" means any form of
1289	business entity that includes substantial involvement of at
1290	least one county, one municipality, or one public sector entity,
1291	such as a school district or other unit of local government in
1292	which the project is to be located, and at least one private
1293	sector for-profit or not-for-profit business or charitable
1294	entity, and may be any form of business entity, including a
1295	joint venture or contractual agreement.
1296	(4)  The Florida Housing Finance Corporation is authorized
1297	to provide Community Workforce Housing Innovation Pilot Program
1298	loans to an applicant for new construction or rehabilitation of
1299	workforce housing in eligible areas. The corporation shall
1300	establish a funding process and selection criteria by rule or
1301	request for proposals. This funding is intended to be used with
1302	other public and private sector resources.
1303	(5)(a)  The corporation shall provide by rule for the
1304	establishment of a review committee composed of corporation
1305	staff and, in addition, may include three private citizens
1306	representing the areas of housing or real estate development,
1307	banking, community planning, or other areas related to the
1308	development or financing of workforce affordable housing. The
1309	review and selection process shall include a process for curing
1310	minor errors in the applications. The corporation shall
1311	establish by rule a scoring system for evaluation and
1312	competitive ranking of applications submitted in this program,
1313	including, but not limited to, the following criteria:
1314	1.  Private and public sector entities' involvement as
1315	partners in the project.
1316	2.  The sponsor's agreement to reserve at least 50 percent
1317	of the units in the project for essential services personnel.
1318	3.  Projects requiring the most effective use of the
1319	community workforce housing loan.
1320	4.  Contributions to the project.
1321	5.  Local government comprehensive planning, zoning,
1322	permitting, and other regulatory and financial incentives that
1323	promote workforce housing or commitment to be innovative with
1324	existing regulatory incentive structures to promote workforce
1325	housing.
1326	6.  Proximity to employment centers and transportation
1327	facilities.
1328	7.  Project feasibility.
1329	8.  Economic viability of the project.
1330	9.  Commitment of first mortgage financing.
1331	10.  The sponsor's prior affordable housing development and
1332	management experience.
1333	11.  The sponsor's ability to proceed with construction.
1334	(b)  The corporation may reject any and all applications.
1335	(c)  The corporation may approve and reject applications
1336	for the purpose of achieving geographic and demographic
1337	targeting.
1338	(d)  The review committee established pursuant to this
1339	subsection shall make recommendations to the board of directors
1340	of the corporation regarding program participation under the
1341	Community Workforce Housing Innovation Pilot Program.
1342	(e)  The corporation's board of directors shall make the
1343	final ranking and the decisions regarding which applicants shall
1344	become program participants based on the scores received in the
1345	competitive ranking, further review of applications, and the
1346	recommendations of the review committee. The board shall approve
1347	or reject applications for loans and shall determine the
1348	tentative loan amount available to each applicant selected for
1349	participation in the program. The maximum loan amount shall be
1350	determined pursuant to rule adopted by the corporation.
1351	(6)(5)  The corporation shall provide incentives for local
1352	governments in eligible areas to use local affordable housing
1353	funds, such as those from the State Housing Initiatives
1354	Partnership Program, to assist in meeting the affordable housing
1355	needs of persons eligible under this program. For workforce
1356	housing projects funded under this program, local governments
1357	are authorized to utilize State Housing Initiatives Partnership
1358	Program funds for persons or families with incomes up to 140
1359	percent of the area median income and, in areas of critical
1360	state concern designated under s. 380.05, for which the
1361	Legislature has declared its intent to provide affordable
1362	housing, and in areas that were designated as areas of critical
1363	state concern for at least 20 consecutive years prior to removal
1364	of the designation, 150 percent of the area median income.
1365	(7)(6)  Funding shall be targeted to innovative projects in
1366	areas where:
1367	(a)  The disparity between the area median income and the
1368	median sales price for a single-family home is greatest;, and
1369	for projects in areas where
1370	(b)  The population growth as a percentage rate of increase
1371	is greatest; and
1372	(c)  There is a demonstrated need for workforce housing for
1373	essential services personnel and. The corporation may also fund
1374	projects in areas where innovative regulatory and financial
1375	incentives are made available or committed by the local
1376	government or private sector.
1377
1378	The corporation shall fund at least one eligible project in as
1379	many counties and regions of the state as is practicable,
1380	consistent with program goals as possible.
1381	(8)(7)  Projects shall receive priority consideration for
1382	funding where:
1383	(a)  The local jurisdiction or public-private partnership
1384	has adopted, or is committed to adopting or providing, adopts
1385	appropriate regulatory incentives, local contributions or
1386	financial strategies, or other funding sources to promote the
1387	development and ongoing financial viability of such projects.
1388	Local incentives include such actions as expediting review of
1389	development orders and permits, supporting development near
1390	transportation hubs and major employment centers, and adopting
1391	land development regulations designed to allow flexibility in
1392	densities, use of accessory units, mixed-use developments, and
1393	flexible lot configurations. Financial strategies include such
1394	actions as promoting employer-assisted housing programs,
1395	providing tax increment financing, and providing land.
1396	(b)  Projects are innovative and include new construction
1397	or rehabilitation, mixed-income housing, or commercial and
1398	housing mixed-use elements and those that promote homeownership.
1399	The program funding shall not exceed the costs attributable to
1400	the portion of the project that is set aside to provide housing
1401	for the targeted population.
1402	(c)  Projects that set aside at least 80 percent of units
1403	for workforce housing and at least 50 percent for essential
1404	services personnel and for projects that require the least
1405	amount of program funding compared to the overall housing costs
1406	for the project.
1407	(d)  Projects that utilize innovative design and techniques
1408	in order to reduce the future costs to the homeowner related to
1409	maintenance, utilities, or insurance.
1410	(9)(8)  Notwithstanding the provisions of s. 163.3184(3)-
1411	(6), any local government comprehensive plan amendment to
1412	implement a Community Workforce Housing Innovation Pilot Program
1413	project found consistent with the provisions of this section
1414	shall be expedited as provided in this subsection. At least 30
1415	days prior to adopting a plan amendment pursuant to this
1416	subsection, the local government shall notify the state land
1417	planning agency of its intent to adopt such an amendment, and
1418	the notice shall include its evaluation related to site
1419	suitability and availability of facilities and services. The
1420	public notice of the hearing required by s. 163.3184(15)(b)2.
1421	163.3184(15)(e) shall include a statement that the local
1422	government intends to utilize the expedited adoption process
1423	authorized by this subsection. Such amendments shall require
1424	only a single public hearing before the governing board, which
1425	shall be an adoption hearing as described in s. 163.3184(7), and
1426	the state land planning agency shall issue its notice of intent
1427	pursuant to s. 163.3184(8) within 30 days after determining that
1428	the amendment package is complete. Any further proceedings shall
1429	be governed by ss. 163.3184(9)-(16). Amendments proposed under
1430	this section are not subject to the restriction of s.
1431	163.3187(1) limiting the adoption of a comprehensive plan
1432	amendment to no more than two times during any calendar year.
1433	(10)  The processing of approvals of development orders or
1434	development permits, as defined in s. 163.3164(7) and (8), for
1435	affordable housing projects shall be expedited.
1436	(11)(9)  The corporation shall award loans with interest
1437	rates set at 1 to 3 percent, which may be made forgivable when
1438	long-term affordability is provided and when at least 80 percent
1439	of the units are set aside for workforce housing and at least 50
1440	percent of the units are set aside for essential services
1441	personnel.
1442	(12)(10)  All eligible applications shall:
1443	(a)  For home ownership, limit the sales price of a
1444	detached unit, townhome, or condominium unit to not more than 90
1445	80 percent of the median sales price for that type of unit in
1446	that county, or the statewide median sales price for that type
1447	of unit, whichever is higher, and require that all eligible
1448	purchasers of home ownership units occupy the homes as their
1449	primary residence.
1450	(b)  For rental units, restrict rents for all workforce
1451	housing serving those with incomes at or below 120 percent of
1452	area median income at the appropriate income level using the
1453	restricted rents for the federal low-income housing tax credit
1454	program and, for workforce housing units serving those with
1455	incomes above 120 percent of area median income, restrict rents
1456	to those established by the corporation, not to exceed 30
1457	percent of the maximum household income adjusted to unit size.
1458	(c)  Demonstrate that the applicant is a public-private
1459	partnership in an agreement, contract, partnership agreement,
1460	memorandum of understanding, or other written instrument signed
1461	by all the project partners.
1462	(d)  Have grants, donations of land, or contributions from
1463	the public-private partnership or other sources collectively
1464	totaling at least 10 15 percent of the total development cost or
1465	$2 million, whichever is less. Such grants, donations of land,
1466	or contributions must be evidenced by a letter of commitment, an
1467	agreement, contract, deed, memorandum of understanding, or other
1468	written instrument only at the time of application. Grants,
1469	donations of land, or contributions in excess of 10 15 percent
1470	of the development cost shall increase the application score.
1471	(e)  Demonstrate how the applicant will use the regulatory
1472	incentives and financial strategies outlined in paragraph (7)(a)
1473	and subsection (13) from the local jurisdiction in which the
1474	proposed project is to be located. The corporation may consult
1475	with the Department of Community Affairs in evaluating the use
1476	of regulatory incentives by applicants.
1477	(f)  Demonstrate that the applicant possesses title to or
1478	site control of land and evidences availability of required
1479	infrastructure.
1480	(g)  Demonstrate the applicant's affordable housing
1481	development and management experience.
1482	(h)  Provide any research or facts available supporting the
1483	demand and need for rental or home ownership workforce housing
1484	for eligible persons in the market in which the project is
1485	proposed.
1486	(13)  Local governments are authorized to make available to
1487	approved Community Workforce Housing Innovation Pilot Program
1488	projects workforce housing incentives to promote the financial
1489	viability, successful development, and ongoing maintenance of
1490	these housing developments, including, but not limited to:
1491	(a)  Impact fees may be reduced, may be waived entirely, or
1492	may be deferred by the local government, or an applicant may be
1493	provided with an alternative method of fee payment.
1494	(b)  Increased density levels or higher density per acre
1495	may be allowed.
1496	(c)  The infrastructure capacity in the local comprehensive
1497	plan for affordable housing may be reserved for these
1498	communities.
1499	(d)  Additional affordable residential units in residential
1500	zoning districts may be allowed.
1501	(e)  Open space and setback requirements for affordable
1502	housing may be reduced by 50 percent.
1503	(f)  Zero-lot-line configurations may be allowed.
1504	(g)  Trips associated with affordable housing in close
1505	proximity of employment centers may be exempt from
1506	transportation concurrency pursuant to s. 163.3180(5)(d).
1507	(h)  Local transportation infrastructure funding may be
1508	prioritized by local metropolitan planning organizations.
1509	(i)  Local State Housing Initiatives Partnership program
1510	funds may be used to support construction of workforce housing
1511	projects and down payment assistance for residents with incomes
1512	that do not exceed 140 percent of the area median income
1513	residing in such projects.
1514	(j)  Tax increment financing may be made available to
1515	workforce housing projects to assist in maintaining long-term
1516	affordability of the units.
1517	(14)(11)  Projects may include manufactured housing
1518	constructed after June 1994 and installed in accordance with
1519	mobile home installation standards of the Department of Highway
1520	Safety and Motor Vehicles.
1521	(15)(12)  The corporation may adopt rules pursuant to ss.
1522	120.536(1) and 120.54 to implement the provisions of this
1523	section.
1524	(16)(13)  The corporation may use a maximum of 2 percent of
1525	the annual program appropriation for administration and
1526	compliance monitoring.
1527	(17)(14)  The corporation shall review the success of the
1528	Community Workforce Housing Innovation Pilot Program to
1529	ascertain whether the projects financed by the program are
1530	useful in meeting the housing needs of eligible areas. The
1531	corporation shall submit its report and any recommendations
1532	regarding the program to the Governor, the Speaker of the House
1533	of Representatives, and the President of the Senate not later
1534	than 2 months after the end of the corporation's fiscal year.
1535	Section 19.  Section 420.5096, Florida Statutes, is created
1536	to read:
1537	420.5096  The Florida Housing Preservation Bridge Loan
1538	Program.--
1539	(1)  The Legislature finds and declares that preserving
1540	affordable multifamily rental and mobile home park housing for
1541	low-income families is essential to Florida's economy and the
1542	well-being of all of its citizens; that the state lacks
1543	sufficient resources to preserve substantial numbers of
1544	multifamily rental properties and mobile home parks that
1545	currently provide affordable housing to thousands of Floridians;
1546	and that there are state and national community development
1547	financial institutions with established experience in securing
1548	and deploying public, private, and philanthropic capital to
1549	preserve affordable housing; therefore, the Legislature finds a
1550	need to use state funds to leverage public, private, and
1551	philanthropic capital to preserve affordable rental housing and
1552	mobile home parks.
1553	(2)  There is created the Florida Housing Preservation
1554	Bridge Loan Program for the purpose of establishing a revolving
1555	bridge loan program to preserve mobile home parks and affordable
1556	multifamily rental housing for low-income persons and families.
1557	(3)  For purposes of this section, the following
1558	definitions apply:
1559	(a)  "Bridge loan" means short-term financing of up to 3
1560	years for acquisition, rehabilitation, or predevelopment costs
1561	necessary to stabilize or position a property for permanent
1562	financing.
1563	(b)  "Eligible project" means an expiring use property,
1564	mobile home park, or other nonregulated affordable multifamily
1565	property.
1566	(c)  "Expiring use property" means a property that has
1567	income restrictions on its use to benefit low-income persons and
1568	families, which restrictions will terminate within 2 years of
1569	the application for funding.
1570	(4)  To be eligible to receive funds under this program, an
1571	entity shall:
1572	(a)  Be certified by the United States Department of the
1573	Treasury as a community development financial institution.
1574	(b)  Be a qualified s. 501(c)(3) organization under the
1575	Internal Revenue Code.
1576	(c)  Possess a demonstrated record and ability to
1577	effectively deploy financing for community development purposes.
1578	(d)  Demonstrate knowledge and experience in lending to
1579	acquire, develop, and rehabilitate affordable housing.
1580	(e)  Demonstrate knowledge and experience in raising
1581	matching capital from private, public, and philanthropic
1582	sources.
1583	(f)  Have statewide lending operations.
1584	(g)  Demonstrate experience and capacity to provide,
1585	directly or through contracts with other entities, technical
1586	assistance to developers.
1587	(h)  Document established and proven underwriting policies,
1588	risk management ratings, portfolio management, and servicing
1589	systems.
1590	(i)  Have an independent financial audit for prior years.
1591	(j)  Meet requirements established by rule.
1592	(5)  A community development financial institution that
1593	receives state funds under this program shall create a revolving
1594	affordable housing preservation bridge loan fund to make loans
1595	to eligible projects. Multifamily rental properties that are
1596	affordable to low-income persons and families without rental
1597	restrictions, but which will institute rental restrictions as a
1598	condition of this funding, may be funded after expiring use
1599	properties and mobile home park projects are funded.
1600	(6)  The corporation shall establish a funding process and
1601	selection criteria by rule or by issuing a request for proposals
1602	to select entities for funding.
1603	(a)  The corporation may reject any and all applicants.
1604	(b)  The corporation may establish a review committee by
1605	rule and shall make recommendations to the board regarding
1606	program participation selection. The board shall determine the
1607	final ranking for participation based on the scores received in
1608	the ranking, further review of the applications, and the
1609	recommendations of the review committee. The board shall approve
1610	or reject applicants and shall determine the tentative funding
1611	amount available to each applicant. The final funding amount
1612	shall be determined by rule.
1613	(7)  Prior to providing any assistance, the corporation and
1614	the participant shall execute an agreement that requires the
1615	participant to comply with all other terms and conditions of
1616	assistance.
1617	(8)  In the event of fraud, mismanagement, or noncompliance
1618	with the applicable statutes, rules, or terms and conditions of
1619	the agreement on the part of the participant, the corporation
1620	may:
1621	(a)  Require changes in the agreement;
1622	(b)  Reduce or terminate funding;
1623	(c)  Require repayment of any funding that has been
1624	distributed;
1625	(d)  Revoke the participation in the program; or
1626	(e)  Take such other actions as the corporation deems
1627	appropriate.
1628	(9)  A participant shall submit such financial and activity
1629	reports and data at such times and in such forms as required by
1630	the corporation to ensure compliance and to evaluate the
1631	participant's performance in this program.
1632	(10)  The corporation may adopt rules pursuant to ss.
1633	120.536(1) and 120.54 to implement the provisions of this
1634	section.
1635	(11)  The corporation may use a maximum of 2 percent of the
1636	annual program appropriation for administration and compliance
1637	monitoring.
1638	Section 20.  Paragraph (b) of subsection (7) of section
1639	420.526, Florida Statutes, is amended to read:
1640	420.526  Predevelopment Loan Program; loans and grants
1641	authorized; activities eligible for support.--
1642	(7)  No predevelopment loan made under this section shall
1643	exceed the lesser of:
1644	(b)  Seven hundred and fifty Five hundred thousand dollars.
1645	Section 21.  Subsections (1) and (2) of section 420.606,
1646	Florida Statutes, are amended to read:
1647	420.606  Training and technical assistance program.--
1648	(1)  LEGISLATIVE FINDINGS.--In addition to the legislative
1649	findings set forth in s. 420.6015, the Legislature finds and
1650	declares that:
1651	(a)  Housing in economically declining or distressed areas
1652	is frequently substandard and is often unaffordable to very-low-
1653	income persons and low-income persons.;
1654	(b)  Recent rapid increases in the median purchase price of
1655	homes and the cost of rental housing have far outstripped the
1656	increases in median income in the state, preventing essential
1657	services personnel from living in the communities where they
1658	serve and thereby creating the need for innovative solutions for
1659	the provision of housing opportunities for essential services
1660	personnel.
1661	(c)(b)  Community-based organizations often have limited
1662	experience in development of quality housing for very-low-income
1663	persons and low-income persons in economically declining or
1664	distressed areas.; and
1665	(d)  The private market should be encouraged to provide
1666	affordable rental and home ownership housing for essential
1667	services personnel affected by the high cost of housing.
1668	Technical assistance should address development costs through
1669	promoting local public-private partnerships that leverage
1670	government and private resources.
1671	(e)(c)  The staffs and board members of community-based
1672	organizations need additional training in housing development as
1673	well as technical support to assist them in gaining the
1674	experience they need to better serve their communities.
1675	(f)(d)  The staffs of state and regional agencies and local
1676	governments, whether directly involved in the production of
1677	affordable housing or acting in a supportive role, can better
1678	serve the goals of state and local governments if their
1679	expertise in housing development is expanded.
1680	(2)  PURPOSE.--The purpose of this section is to provide
1681	community-based organizations and staff of state and local
1682	governments with the necessary training and technical assistance
1683	to meet the needs of very-low-income persons, low-income
1684	persons, and moderate-income persons for standard, affordable
1685	housing and for workforce housing in those areas where housing
1686	costs have severely limited housing affordability.
1687	Section 22.  Present subsections (5) through (7) of section
1688	420.9076, Florida Statutes, are redesignated as subjections (6)
1689	through (8), respectively, present subsections (2), (4), (5),
1690	and (6) are amended, and subsections (5) and (8) are added to
1691	that section, to read:
1692	420.9076  Adoption of affordable housing incentive
1693	strategies; committees.--
1694	(2)  The governing board of a county or municipality shall
1695	appoint the members of the affordable housing advisory committee
1696	by resolution. Pursuant to the terms of any interlocal
1697	agreement, a county and municipality may create and jointly
1698	appoint an advisory committee to prepare a joint plan. The
1699	ordinance adopted pursuant to s. 420.9072 which creates the
1700	advisory committee or the resolution appointing the advisory
1701	committee members must provide for 11 nine committee members and
1702	their terms. The committee must include:
1703	(a)  One citizen who is actively engaged in the residential
1704	home building industry in connection with affordable housing.
1705	(b)  One citizen who is actively engaged in the banking or
1706	mortgage banking industry in connection with affordable housing.
1707	(c)  One citizen who is a representative of those areas of
1708	labor actively engaged in home building in connection with
1709	affordable housing.
1710	(d)  One citizen who is actively engaged as an advocate for
1711	low-income persons in connection with affordable housing.
1712	(e)  One citizen who is actively engaged as a for-profit
1713	provider of affordable housing.
1714	(f)  One citizen who is actively engaged as a not-for-
1715	profit provider of affordable housing.
1716	(g)  One citizen who is actively engaged as a real estate
1717	professional in connection with affordable housing.
1718	(h)  One citizen who actively serves on the local planning
1719	agency pursuant to s. 163.3174.
1720	(i)  One citizen who resides within the jurisdiction of the
1721	local governing body making the appointments.
1722	(j)  One citizen who represents employers within the
1723	jurisdiction.
1724	(k)  One citizen who represents essential services
1725	personnel, as defined in the local housing assistance plan.
1726
1727	If a county or eligible municipality whether due to its small
1728	size, the presence of a conflict of interest by prospective
1729	appointees, or other reasonable factor, is unable to appoint a
1730	citizen actively engaged in these activities in connection with
1731	affordable housing, a citizen engaged in the activity without
1732	regard to affordable housing may be appointed. Local governments
1733	that receive the minimum allocation under the State Housing
1734	Initiatives Partnership Program may elect to appoint an
1735	affordable housing advisory committee with fewer than 11
1736	representatives if they are unable to find representatives that
1737	meet the criteria of paragraphs (a)-(k).
1738	(4)  Biennially, the advisory committee shall review the
1739	established policies and procedures, ordinances, land
1740	development regulations, and adopted local government
1741	comprehensive plan of the appointing local government and shall
1742	recommend specific actions or initiatives to encourage or
1743	facilitate affordable housing while protecting the ability of
1744	the property to appreciate in value. Such recommendations may
1745	include the modification or repeal of existing policies,
1746	procedures, ordinances, regulations, or plan provisions; the
1747	creation of exceptions applicable to affordable housing; or the
1748	adoption of new policies, procedures, regulations, ordinances,
1749	or plan provisions, including recommendations to amend the local
1750	government comprehensive plan and corresponding regulations,
1751	ordinances, and other policies. At a minimum, each advisory
1752	committee shall submit a report to the local governing body that
1753	includes make recommendations on, and every 2 years thereafter
1754	evaluates the implementation of, affordable housing incentives
1755	in the following areas:
1756	(a)  The processing of approvals of development orders or
1757	permits, as defined in s. 163.3164(7) and (8), for affordable
1758	housing projects is expedited to a greater degree than other
1759	projects.
1760	(b)  The modification of impact-fee requirements, including
1761	reduction or waiver of fees and alternative methods of fee
1762	payment for affordable housing.
1763	(c)  The allowance of flexibility in densities increased
1764	density levels for affordable housing.
1765	(d)  The reservation of infrastructure capacity for housing
1766	for very-low-income persons, and low-income persons, and
1767	moderate income persons.
1768	(e)  The allowance of affordable accessory residential
1769	units in residential zoning districts.
1770	(f)  The reduction of parking and setback requirements for
1771	affordable housing.
1772	(g)  The allowance of flexible lot configurations,
1773	including zero-lot-line configurations for affordable housing.
1774	(h)  The modification of street requirements for affordable
1775	housing.
1776	(i)  The establishment of a process by which a local
1777	government considers, before adoption, policies, procedures,
1778	ordinances, regulations, or plan provisions that increase the
1779	cost of housing.
1780	(j)  The preparation of a printed inventory of locally
1781	owned public lands suitable for affordable housing.
1782	(k)  The support of development near transportation hubs
1783	and major employment centers and mixed-use developments.
1784
1785	The advisory committee recommendations may must also include
1786	other affordable housing incentives identified by the advisory
1787	committee. Local governments that receive the minimum allocation
1788	under the State Housing Initiatives Partnership Program shall
1789	perform the initial review, but may elect to not perform the
1790	biennial review.
1791	(5)  The advisory committee shall be cooperatively staffed
1792	by the local government planning and housing departments to
1793	ensure that an integrated approach is brought to the committee's
1794	work.
1795	(6)(5)  The approval by the advisory committee of its local
1796	housing incentive strategies recommendations and its review of
1797	local government implementation of previously recommended
1798	strategies must be made by affirmative vote of a majority of the
1799	membership of the advisory committee taken at a public hearing.
1800	Notice of the time, date, and place of the public hearing of the
1801	advisory committee to adopt final local housing incentive
1802	strategies recommendations must be published in a newspaper of
1803	general paid circulation in the county. Such notice must contain
1804	a short and concise summary of the local housing incentives
1805	strategies recommendations to be considered by the advisory
1806	committee. The notice must state the public place where a copy
1807	of the tentative advisory committee recommendations can be
1808	obtained by interested persons.
1809	(7)(6)  Within 90 days after the date of receipt of the
1810	local housing incentive strategies recommendations from the
1811	advisory committee, the governing body of the appointing local
1812	government shall adopt an amendment to its local housing
1813	assistance plan to incorporate the local housing incentive
1814	strategies it will implement within its jurisdiction. The
1815	amendment must include, at a minimum, the local housing
1816	incentive strategies required in s. 420.9071(16). The local
1817	government must consider the strategies specified in paragraphs
1818	(4)(a)-(k) as recommended by the advisory committee (4)(a)-(j).
1819	(8)  The advisory committee may perform other
1820	responsibilities at the request of the local government,
1821	including:
1822	(a)  The provision of mentoring services to affordable
1823	housing partners, including developers, banking institutions,
1824	employers, and others to identify available incentives, assist
1825	with applications for funding requests, and develop partnerships
1826	between various parties.
1827	(b)  The creation of best practices for development of
1828	affordable housing in the community.
1829	Section 23.  Section 624.46226, Florida Statutes, is
1830	created to read:
1831	624.46226  Public housing authorities self-insurance funds;
1832	exemption for taxation and assessments.--
1833	(1)  Any two or more public housing authorities in the
1834	state as defined in chapter 421 may also create a self-insurance
1835	fund as defined in s. 624.4622 for the purpose of self-insuring
1836	real or personal property of every kind and every interest in
1837	such property against loss or damage from any hazard or cause
1838	and against any loss consequential to such loss or damage,
1839	provided all the provisions of s. 624.4622 are met.
1840	(2)  Any public housing authority in the state as defined
1841	in chapter 421 that is a member of a self-insurance fund
1842	pursuant to this section shall be exempt from the assessments
1843	imposed under ss. 627.351, 631.57, and 215.555.
1844	Section 24.  Subsections (38) through (46) of section
1845	1001.64, Florida Statutes, are renumbered as subsections (39)
1846	through (47), respectively, and a new subsection (38) is added
1847	to that section, to read:
1848	1001.64  Community college boards of trustees; powers and
1849	duties.--
1850	(38)  Each board of trustees may use portions of property
1851	sites purchased within the guidelines of the State Requirements
1852	for Educational Facilities, land deemed not usable for
1853	educational purposes because of location or other factors, or
1854	land declared surplus by the board to provide sites for
1855	affordable housing for community college faculty or other
1856	college personnel independently or in conjunction with local
1857	governments and planning authorities. Each board of trustees may
1858	enter into lease-purchase arrangements with private or not-for-
1859	profit entities or corporations to accomplish this objective.
1860	Section 25.  This act shall take effect July 1, 2007.

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