CS/HB 1375

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	163.3177, F.S., relating to the housing element of a local
4	government comprehensive plan; requiring certain counties
5	to adopt a plan for ensuring affordable workforce housing;
6	providing that a local government that fails to comply
7	with such requirement is ineligible to receive state
8	housing assistance grants; amending s. 163.3180, F.S.;
9	providing an exemption from transportation concurrency for
10	certain workforce housing units; amending s. 163.3184,
11	F.S.; authorizing certain local government comprehensive
12	plan amendments to be expedited; providing requirements
13	for amendment notices; requiring a public hearing;
14	amending s. 163.3187, F.S.; authorizing certain local
15	government comprehensive plan amendments to be made more
16	than twice a year; amending s. 163.3191, F.S.; authorizing
17	a local government to adopt amendments to the local
18	comprehensive plan in order to integrate a port master
19	plan with the local comprehensive plan; providing a
20	limitation; creating ss. 197.307, 197.3071, 197.3072,
21	197.3073, 197.3074, 197.3075, 197.3076, 197.3077,
22	197.3078, and 197.3079, F.S.; authorizing a county
23	commission or municipality to adopt an ordinance providing
24	for the deferral of ad valorem taxes and non-ad valorem
25	assessments for affordable rental housing property under
26	certain conditions; requiring the tax collector to provide
27	certain notices to taxpayers about deferrals; providing
28	specifications for such ordinances; providing eligibility
29	requirements; authorizing a property owner to defer
30	payment of ad valorem taxes and certain assessments;
31	providing circumstances in which taxes and assessments may
32	not be deferred; specifying the rate for deferment;
33	providing that the taxes, assessments, and interest
34	deferred constitute a prior lien on the property;
35	providing an application process; providing notice
36	requirements for applications that are not approved for
37	deferment; providing an appeals process; requiring
38	applications for deferral to contain a list of outstanding
39	liens; providing the date for calculating taxes due and
40	payable; requiring that a property owner furnish proof of
41	certain insurance coverage under certain conditions;
42	requiring the tax collector and the property owner to
43	notify the property appraiser of parcels for which taxes
44	and assessments have been deferred; requiring the property
45	appraiser to notify the tax collector of changes in
46	ownership or use of tax-deferred properties; providing
47	requirements for tax certificates for deferred payment;
48	providing the rate of interest; providing circumstances in
49	which deferrals cease; requiring the property appraiser to
50	notify the tax collector of deferrals that have ceased;
51	requiring the tax collector to collect taxes, assessments
52	and interest due; requiring the tax collector to notify
53	the property owner of due taxes on tax-deferred property
54	under certain conditions; requiring the tax collector to
55	sell a tax certificate under certain circumstances;
56	specifying persons who may pay deferred taxes, assessments
57	and accrued interest; requiring the tax collector to
58	maintain a record of payment and to distribute payments;
59	providing for construction of provisions authorizing the
60	deferments; providing penalties; amending s. 253.0341,
61	F.S., requiring the Board of Trustees of the Internal
62	Improvement Trust Fund to convey certain property;
63	restricting the use of property to be conveyed; providing
64	a consideration for conveyance; amending s. 380.06, F.S.;
65	providing that all phase, buildout, and expiration dates
66	for projects that are developments of regional impact and
67	under active construction on a specified date are extended
68	for 3 years; providing an exemption from further
69	development-of-regional-impact review; amending s.
70	380.0651, F.S.; revising certain developments of regional
71	impact statewide guidelines and standards; amending s.
72	420.504, F.S.; providing that the corporation is a state
73	agency for purposes of the state allocation pool;
74	authorizing the corporation to provide notice of internal
75	review committee meetings by publication on an Internet
76	website; providing that the corporation is not governed by
77	certain provisions relating to corporations not for
78	profit; amending s. 420.506, F.S.; deleting a provision
79	relating to lease of certain state employees; amending s.
80	420.5061, F.S.; deleting obsolete provisions; removing a
81	provision requiring all assets and liabilities and rights
82	and obligations of the Florida Housing Finance Agency to
83	be transferred to the corporation; providing that the
84	corporation is the legal successor to the agency; removing
85	a provision requiring all state property in use by the
86	agency to be transferred to and become the property of the
87	corporation; amending s. 420.507, F.S.; requiring that an
88	agreement financing affordable housing be recorded in the
89	official records of the county where the real property is
90	located; providing that such agreement is a state land use
91	regulation; amending s. 420.5087, F.S.; authorizing the
92	Florida Housing Finance Corporation to provide partially
93	forgivable loans to nonprofit organizations that serve
94	extremely-low-income elderly tenants; providing criteria;
95	amending s. 420.5095, F.S.; specifying the content of
96	rules for reviewing loan applications for workforce
97	housing projects; requiring the corporation to establish a
98	committee for reviewing loan applications; providing for
99	membership; providing powers and duties of the committee;
100	requiring the corporation's board of directors to make the
101	final decisions concerning ranking and program
102	participants; specifying areas where local governments may
103	use program funds; expanding the types of projects that
104	may receive priority funding; requiring that the
105	processing of certain approvals of development orders or
106	development permits be expedited; providing loan applicant
107	requirements; revising reporting requirements; amending s.
108	420.511, F.S.; requiring that the corporation's annual
109	report include information on the Community Workforce
110	Housing Innovation Pilot Program; amending s. 420.513,
111	F.S.; providing exemption from taxes for certain
112	instruments issued in connection with the financing of
113	certain housing; amending s. 420.526, F.S.; revising the
114	cap on predevelopment loans; amending s. 420.9076, F.S.;
115	increasing affordable housing advisory committee
116	membership; revising membership criteria; authorizing the
117	use of fewer members under certain circumstances; revising
118	and providing duties of the advisory committee; creating
119	s. 624.46226, F.S.; authorizing certain public housing
120	authorities to create a self-insurance fund; exempting
121	such public housing authorities that create a self-
122	insurance fund from certain assessments; providing an
123	effective date.
124
125	Be It Enacted by the Legislature of the State of Florida:
126
127	Section 1.  Paragraph (f) of subsection (6) of section
128	163.3177, Florida Statutes, is amended to read:
129	163.3177  Required and optional elements of comprehensive
130	plan; studies and surveys.--
131	(6)  In addition to the requirements of subsections (1)-(5)
132	and (12), the comprehensive plan shall include the following
133	elements:
134	(f)1.  A housing element consisting of standards, plans,
135	and principles to be followed in:
136	a.  The provision of housing for all current and
137	anticipated future residents of the jurisdiction.
138	b.  The elimination of substandard dwelling conditions.
139	c.  The structural and aesthetic improvement of existing
140	housing.
141	d.  The provision of adequate sites for future housing,
142	including affordable workforce housing as defined in s.
143	380.0651(3)(j), housing for low-income, very low-income, and
144	moderate-income families, mobile homes, and group home
145	facilities and foster care facilities, with supporting
146	infrastructure and public facilities.
147	e.  Provision for relocation housing and identification of
148	historically significant and other housing for purposes of
149	conservation, rehabilitation, or replacement.
150	f.  The formulation of housing implementation programs.
151	g.  The creation or preservation of affordable housing to
152	minimize the need for additional local services and avoid the
153	concentration of affordable housing units only in specific areas
154	of the jurisdiction.
155	h.  By July 1, 2008, each county in which the gap between
156	the buying power of a family of four and the median county home
157	sale price exceeds $170,000, as determined by the Florida
158	Housing Finance Corporation, and which is not designated as an
159	area of critical state concern shall adopt a plan for ensuring
160	affordable workforce housing. At a minimum, the plan shall
161	identify adequate sites for such housing. For purposes of this
162	sub-subparagraph, the term "workforce housing" means housing
163	that is affordable to natural persons or families whose total
164	household income does not exceed 140 percent of the area median
165	income, adjusted for household size.
166	i.  Failure by a local government to comply with the
167	requirement in sub-subparagraph h. will result in the local
168	government being ineligible to receive any state housing
169	assistance grants until the requirement of sub-subparagraph h.
170	is met.
171
172	The goals, objectives, and policies of the housing element must
173	be based on the data and analysis prepared on housing needs,
174	including the affordable housing needs assessment.  State and
175	federal housing plans prepared on behalf of the local government
176	must be consistent with the goals, objectives, and policies of
177	the housing element.  Local governments are encouraged to
178	utilize job training, job creation, and economic solutions to
179	address a portion of their affordable housing concerns.
180	2.  To assist local governments in housing data collection
181	and analysis and assure uniform and consistent information
182	regarding the state's housing needs, the state land planning
183	agency shall conduct an affordable housing needs assessment for
184	all local jurisdictions on a schedule that coordinates the
185	implementation of the needs assessment with the evaluation and
186	appraisal reports required by s. 163.3191.  Each local
187	government shall utilize the data and analysis from the needs
188	assessment as one basis for the housing element of its local
189	comprehensive plan.  The agency shall allow a local government
190	the option to perform its own needs assessment, if it uses the
191	methodology established by the agency by rule.
192	Section 2.  Subsection (17) is added to section 163.3180,
193	Florida Statutes, to read:
194	163.3180  Concurrency.--
195	(17)  A local government and the developer of affordable
196	workforce housing units developed in accordance with s.
197	380.06(19) or s. 380.0651(3) may identify an employment center
198	or centers in close proximity to the affordable workforce
199	housing units. If at least 50 percent of the units are occupied
200	by an employee or employees of an identified employment center
201	or centers, all of the affordable workforce housing units are
202	exempt from transportation concurrency requirements and the
203	local government may not reduce any transportation trip-
204	generation entitlements of an approved development-of-regional-
205	impact development order. As used in this subsection, the term
206	"close proximity" means 5 miles from the nearest point of the
207	development of regional impact to the nearest point of the
208	employment center and the term "employment center" means a place
209	of employment that employs at least 25 or more full-time
210	employees.
211	Section 3.  Subsection (19) is added to section 163.3184,
212	Florida Statutes, to read:
213	163.3184  Process for adoption of comprehensive plan or
214	plan amendment.--
215	(19)  Any local government that identifies in its
216	comprehensive plan the types of housing developments and
217	conditions for which it will consider plan amendments that are
218	consistent with the local housing incentive strategies
219	identified in s. 420.9076 and authorized by the local
220	government, may expedite consideration of such plan amendments.
221	At least 30 days prior to adopting a plan amendment pursuant to
222	this subsection, the local government shall notify the state
223	land planning agency of its intent to adopt such an amendment,
224	and the notice shall include the local government's evaluation
225	of site suitability and availability of facilities and services.
226	A plan amendment considered under this subsection shall require
227	only a single public hearing before the local governing body,
228	which shall be a plan amendment adoption hearing as described in
229	subsection (7). The public notice of the hearing required under
230	subparagraph (15)(b)2. must include a statement that the local
231	government intends to use the expedited adoption process
232	authorized under this subsection. The state land planning agency
233	shall issue its notice of intent required under subsection (8)
234	within 30 days after determining that the amendment package is
235	complete. Any further proceedings shall be governed by
236	subsections (9) through (16).
237	Section 4.  Paragraph (p) is added to subsection (1) of
238	section 163.3187, Florida Statutes, to read:
239	163.3187  Amendment of adopted comprehensive plan.--
240	(1)  Amendments to comprehensive plans adopted pursuant to
241	this part may be made not more than two times during any
242	calendar year, except:
243	(p)  Any local government comprehensive plan amendment that
244	is consistent with the local housing incentive strategies
245	identified in s. 420.9076 and authorized by the local
246	government.
247	Section 5.  Subsection (14) is added to section 163.3191,
248	Florida Statutes, to read:
249	163.3191  Evaluation and appraisal of comprehensive plan.--
250	(14)  The requirement of subsection (10) prohibiting a
251	local government from adopting amendments to the local
252	comprehensive plan until the evaluation and appraisal report
253	update amendments have been adopted and transmitted to the state
254	land planning agency does not apply to a plan amendment proposed
255	for adoption by the appropriate local government as defined in
256	s. 163.3178(2)(k) in order to integrate a port comprehensive
257	master plan with the coastal management element of the local
258	comprehensive plan as required by s. 163.3178(2)(k) if the port
259	comprehensive master plan or the proposed plan amendment does
260	not cause or contribute to the failure of the local government
261	to comply with the requirements of the evaluation and appraisal
262	report.
263	Section 6.  Sections 197.307, 197.3071, 197.3072, 197.3073,
264	197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and 197.3079,
265	Florida Statutes, are created to read:
266	197.307  Deferrals for ad valorem taxes and non-ad valorem
267	assessments on affordable rental housing property.--
268	(1)  A board of county commissioners or the governing
269	authority of a municipality may adopt an ordinance to allow for
270	ad valorem tax deferrals on affordable rental housing if the
271	owners are engaging in the operation, rehabilitation, or
272	renovation of such properties in accordance with the guidelines
273	provided in part VI of chapter 420.
274	(2)  The board of county commissioners or the governing
275	authority of a municipality may also, by ordinance, authorize
276	the deferral of non-ad valorem assessments, as defined in s.
277	197.3632, on affordable rental housing.
278	(3)  The ordinance must designate the percentage or amount
279	of the deferral and the type and location of affordable rental
280	housing property for which a deferral may be granted. The
281	ordinance may also require the property to be located within a
282	particular geographic area or areas of the county or
283	municipality.
284	(4)  The ordinance must specify that the deferral applies
285	only to taxes and assessments levied by the unit of government
286	granting the deferral. However, a deferral may not be granted
287	for taxes or non-ad valorem assessments levied for the payment
288	of bonds or for taxes authorized by a vote of the electors
289	pursuant to s. 9(b) or s. 12, Art. VII of the State
290	Constitution.
291	(5)  The ordinance must specify that any deferral granted
292	remains in effect for the period for which it is granted
293	regardless of any change in the authority of the county or
294	municipality to grant the deferral. In order to retain the
295	deferral, however, the use and ownership of the property as
296	affordable rental housing must be maintained over the period for
297	which the deferral is granted.
298	(6)  If an application for tax deferral is granted on
299	property that is located in a community redevelopment area as
300	defined in s. 163.340:
301	(a)  The amount of taxes eligible for deferral must be
302	reduced, as provided for in paragraph (b), if:
303	1.  The community redevelopment agency has previously
304	issued instruments of indebtedness which are secured by
305	increment revenues on deposit in the community redevelopment
306	trust fund; and
307	2.  The instruments of indebtedness are associated with the
308	real property applying for the deferral.
309	(b)  The tax deferral does not apply to an amount of taxes
310	equal to the amount that must be deposited into the community
311	redevelopment trust fund by the entity granting the deferral
312	based upon the taxable value of the property upon which the
313	deferral is being granted. Once all instruments of indebtedness
314	that existed at the time the deferral was originally granted are
315	no longer outstanding or have otherwise been defeased, this
316	paragraph no longer applies.
317	(c)  If a portion of the taxes on a property are not
318	eligible for deferral as provided under paragraph (b), the
319	community redevelopment agency shall notify the property owner
320	and the tax collector 1 year before the debt instruments that
321	prevented such taxes from being deferred are no longer
322	outstanding or otherwise defeased.
323	(d)  The tax collector shall notify a community
324	redevelopment agency of any tax deferral that has been granted
325	on property located within the agency's community redevelopment
326	area.
327	(e)  Issuance of debt obligation after the date a deferral
328	has been granted does not reduce the amount of taxes eligible
329	for deferral.
330	(7)  The tax collector shall notify:
331	(a)  The taxpayer of each parcel appearing on the real
332	property assessment roll of the law allowing the deferral of
333	taxes, non-ad valorem assessments, and interest under ss.
334	197.307-197.3079. Such notice shall be printed on the back of
335	envelopes used to mail the notice of taxes as provided under s.
336	197.322(3). Such notice shall read:
337
338	NOTICE TO TAXPAYERS OWNING
339	AFFORDABLE RENTAL HOUSING PROPERTY
340
341	If your property meets certain conditions you may
342	qualify for a deferred tax payment plan on your
343	affordable rental housing property.  An application
344	to determine your eligibility is available in the
345	county tax collector's office.
346
347	(b)  On or before November 1 of each year, the tax
348	collector shall notify each taxpayer for whom a tax deferral has
349	been previously granted of the accumulated sum of deferred
350	taxes, non-ad valorem assessments, and interest outstanding.
351	197.3071  Eligibility for tax deferral.--The tax deferral
352	authorized by this section is applicable only on a prorata basis
353	to the ad valorem taxes levied on residential units within a
354	property which meet the following conditions:
355	(1)  Units for which the monthly rent along with taxes,
356	insurance, and utilities does not exceed 30 percent of the
357	median adjusted gross annual income as defined in s. 420.0004
358	for the households described in subsection (2).
359	(2)  Units that are occupied by extremely-low-income
360	persons, very-low-income persons, low-income persons, or
361	moderate-income persons as these terms are defined in s.
362	420.0004.
363	197.3072  Deferral for affordable rental housing
364	properties.--
365	(1)  Any property owner in a jurisdiction that has adopted
366	an ad valorem tax-deferral ordinance or a deferral of non-ad
367	valorem assessments ordinance pursuant to s. 197.307 and who
368	owns an eligible affordable rental housing property as described
369	in s. 197.3071 may apply for a deferral of payment by filing an
370	annual application for deferral with the county tax collector on
371	or before January 31 following the year in which the taxes and
372	non-ad valorem assessments are assessed. The property owner has
373	the burden to affirmatively demonstrate compliance with the
374	requirements of this section.
375	(2)  Approval by the tax collector defers that portion of
376	the combined total of ad valorem taxes and any non-ad valorem
377	assessments plus interest that are authorized to be deferred by
378	an ordinance enacted pursuant to s. 197.307.
379	(3)  Deferral may not be granted if:
380	(a)  The total amount of deferred taxes, non-ad valorem
381	assessments, and interest plus the total amount of all other
382	unsatisfied liens on the property exceeds 85 percent of the
383	assessed value of the property; or
384	(b)  The primary financing on the affordable rental housing
385	property is for an amount that exceeds 70 percent of the
386	assessed value of the property.
387	(4)  The amount of taxes deferred, non-ad valorem
388	assessments, and interest shall accrue interest at a rate equal
389	to the annually compounded rate of 3 percent plus the Consumer
390	Price Index for All Urban Consumers; however, the interest rate
391	may not exceed 9.5 percent.
392	(5)  The deferred taxes, non-ad valorem assessments, and
393	interest constitute a prior lien on the affordable rental
394	housing property and shall attach as of the date and in the same
395	manner and be collected as other liens for taxes as provided for
396	under this chapter, but such deferred taxes, non-ad valorem
397	assessments, and interest are due, payable, and delinquent as
398	provided in ss. 197.307-197.3079.
399	197.3073  Deferral application.--
400	(1)  The application for a deferral of ad valorem taxes and
401	non-ad valorem assessments must be made annually upon a form
402	prescribed by the department and furnished by the county tax
403	collector. The application form must be signed under oath by the
404	property owner applying for the deferral before an officer
405	authorized by the state to administer oaths. The application
406	form must provide notice to the property owner of the manner in
407	which interest is computed. The application form must contain an
408	explanation of the conditions to be met for approval of the
409	deferral and the conditions under which deferred taxes, non-ad
410	valorem assessments, and interest become due, payable, and
411	delinquent. Each application must clearly state that all
412	deferrals pursuant to this section constitute a lien on the
413	property for which the deferral is granted. The tax collector
414	may require the property owner to submit any other evidence and
415	documentation considered necessary by the tax collector in
416	reviewing the application.
417	(2)  The tax collector shall consider and render his or her
418	findings, determinations, and decision on each annual
419	application for a deferral for affordable rental housing within
420	45 days after the date the application is filed. The tax
421	collector shall exercise reasonable discretion based upon
422	applicable information available under this section. The
423	determinations and findings of the tax collector are not quasi
424	judicial and are subject exclusively to review by the value
425	adjustment board as provided by this section. A tax collector
426	who finds that a property owner is entitled to the deferral
427	shall approve the application and file the application in the
428	permanent records.
429	(a)  A tax collector who finds that a property owner is not
430	entitled to the deferral shall send a notice of disapproval
431	within 45 days after the date the application is filed, giving
432	reasons for the disapproval. The notice must be sent by personal
433	delivery or registered mail to the mailing address given by the
434	property owner in the manner in which the original notice was
435	served upon the property owner and must be filed among the
436	permanent records of the tax collector's office. The original
437	notice of disapproval sent to the property owner shall advise
438	the property owner of the right to appeal the decision of the
439	tax collector to the value adjustment board and provide the
440	procedures for filing an appeal.
441	(b)  An appeal by the property owner of the decision of the
442	tax collector to deny the deferral must be submitted to the
443	value adjustment board on a form prescribed by the department
444	and furnished by the tax collector. The appeal must be filed
445	with the value adjustment board within 20 days after the
446	applicant's receipt of the notice of disapproval, and the board
447	must approve or disapprove the appeal within 30 days after
448	receipt of the appeal. The value adjustment board shall review
449	the application and the evidence presented to the tax collector
450	upon which the property owner based a claim for deferral and, at
451	the election of the property owner, shall hear the property
452	owner in person, or by agent on the property owner's behalf,
453	concerning his or her right to the deferral. The value
454	adjustment board shall reverse the decision of the tax collector
455	and grant a deferral to the property owner if, in its judgment,
456	the property owner is entitled to the deferral or shall affirm
457	the decision of the tax collector. Action by the value
458	adjustment board is final unless the property owner or tax
459	collector or other lienholder, within 15 days after the date of
460	disapproval of the application by the board, files for a de novo
461	proceeding for a declaratory judgment or other appropriate
462	proceeding in the circuit court of the county in which the
463	property is located.
464	(3)  Each application for deferral must contain a list of,
465	and the current value of, all outstanding liens on the property
466	for which a deferral is requested.
467	(4)  For approved applications, the date the deferral
468	application is received by the tax collector shall be the date
469	used in calculating taxes due and payable at the expiration of
470	the tax deferral net of discounts for early payment.
471	(5)  If proof has not been furnished with a prior
472	application, each property owner shall furnish proof of fire and
473	extended coverage insurance in an amount that is in excess of
474	the sum of all outstanding liens including a lien for the
475	deferred taxes, non-ad valorem assessments, and interest with a
476	loss payable clause to the county tax collector.
477	(6)  The tax collector shall notify the property appraiser
478	in writing of those parcels for which taxes or assessments have
479	been deferred.
480	(7)  The property appraiser shall promptly notify the tax
481	collector of changes in ownership or use of properties that have
482	been granted a deferral.
483	(8)  The property owner shall promptly notify the tax
484	collector of changes in ownership or use of properties that have
485	been granted tax deferrals.
486	197.3074  Deferred payment tax certificates.--
487	(1)  The tax collector shall notify each local governing
488	body of the amount of taxes and non-ad valorem assessments
489	deferred which would otherwise have been collected for the
490	governing body. The tax collector shall, at the time of the tax
491	certificate sale held under s. 197.432 strike each certificate
492	off to the county. Certificates issued under this section are
493	exempt from the public sale of tax certificates held pursuant to
494	s. 197.432.
495	(2)  The certificates held by the county shall bear
496	interest at a rate equal to the annually compounded rate of 3
497	percent plus the Consumer Price Index for All Urban Consumers;
498	however, the interest rate may not exceed 9.5 percent.
499	197.3075  Change in use or ownership of property.--
500	(1)  If there is a change in use or ownership of the
501	property that has been granted an ad valorem tax or non-ad
502	valorem assessment deferral such that the property owner is no
503	longer entitled to claim the property as an affordable rental
504	housing property, or if there is a change in the legal or
505	beneficial ownership of the property, or if the owner fails to
506	maintain the required fire and extended insurance coverage, the
507	total amount of deferred taxes, non-ad valorem assessments, and
508	interest for all previous years becomes due and payable November
509	1 of the year in which the change in use or ownership occurs or
510	on the date failure to maintain insurance occurs, and is
511	delinquent on April 1 of the year following the year in which
512	the change in use or ownership or failure to maintain insurance
513	occurs.
514	(2)  Whenever the property appraiser discovers that there
515	has been a change in the use or ownership of the property that
516	has been granted a deferral, the property appraiser shall notify
517	the tax collector in writing of the date such change occurs, and
518	the tax collector shall collect any taxes, non-ad valorem
519	assessments, and interest due or delinquent.
520	(3)  During any year in which the total amount of deferred
521	taxes, non-ad valorem assessments, interest, and all other
522	unsatisfied liens on the property exceeds 85 percent of the
523	assessed value of the property, the tax collector shall
524	immediately notify the property owner that the portion of taxes,
525	non-ad valorem assessments, and interest which exceeds 85
526	percent of the assessed value of the property is due and payable
527	within 30 days after receipt of the notice. Failure to pay the
528	amount due shall cause the total amount of deferred taxes, non-
529	ad valorem assessments, and interest to become delinquent.
530	(4)  If on or before June 1 following the date the taxes
531	deferred under this subsection become delinquent, the tax
532	collector shall sell a tax certificate for the delinquent taxes
533	and interest in the manner provided by s. 197.432.
534	197.3076  Prepayment of deferred taxes and non-ad valorem
535	assessments.--
536	(1)  All or part of the deferred taxes, non-ad valorem
537	assessments, and accrued interest may at any time be paid to the
538	tax collector by:
539	(a)  The property owner; or
540	(b)  The property owner's next of kin, heir, child, or any
541	person having or claiming a legal or equitable interest in the
542	property, if an objection is not made by the owner within 30
543	days after the tax collector notifies the property owner of the
544	fact that such payment has been tendered.
545	(2)  Any partial payment made pursuant to this section
546	shall be applied first to accrued interest.
547	197.3077  Distribution of payments.--When any deferred tax,
548	non-ad valorem assessment, or interest is collected, the tax
549	collector shall maintain a record of the payment, setting forth
550	a description of the property and the amount of taxes or
551	interest collected for the property. The tax collector shall
552	distribute payments received in accordance with the procedures
553	for distributing ad valorem taxes, non-ad valorem assessments,
554	or redemption moneys as prescribed in this chapter.
555	197.3078  Construction.--This section does not prevent the
556	collection of personal property taxes that become a lien against
557	tax-deferred property, or defer payment of special assessments
558	to benefited property other than those specifically allowed to
559	be deferred, or affect any provision of any mortgage or other
560	instrument relating to property requiring a person to pay ad
561	valorem taxes or non-ad valorem assessments.
562	197.3079  Penalties.--
563	(1)  The following penalties shall be imposed on any person
564	who willfully files information required under this section
565	which is incorrect:
566	(a)  The person shall pay the total amount of deferred
567	taxes, non-ad valorem assessments, and interest which shall
568	immediately become due;
569	(b)  The person shall be disqualified from filing a tax-
570	deferral application for the next 3 years; and
571	(c)  The person shall pay a penalty of 25 percent of the
572	total amount of taxes, non-ad valorem assessments, and interest
573	deferred.
574	(2)  Any person against whom penalties have been imposed
575	may appeal to the value adjustment board within 30 days after
576	the date the penalties were imposed.
577	Section 7.  Subsection (4) is added to section 253.0341,
578	Florida Statutes, to read:
579	253.0341  Surplus of state-owned lands to counties or local
580	governments.--Counties and local governments may submit
581	surplusing requests for state-owned lands directly to the board
582	of trustees. County or local government requests for the state
583	to surplus conservation or nonconservation lands, whether for
584	purchase or exchange, shall be expedited throughout the
585	surplusing process. Property jointly acquired by the state and
586	other entities shall not be surplused without the consent of all
587	joint owners.
588	(4)  Notwithstanding the requirements of this section and
589	the requirements of s. 253.034 which provides a surplus process
590	for the disposal of state lands, the board shall convey to
591	Miami-Dade County title to the property on which the Graham
592	Building, which houses the offices of the Miami-Dade State
593	Attorney, is located. By January 1, 2008, the board shall convey
594	fee simple title to the property to Miami-Dade County for a
595	consideration of one dollar. The deed conveying title to Miami-
596	Dade County must contain restrictions that limit the use of the
597	property for the purpose of providing workforce housing as
598	defined in s. 420.5095, and to house the offices of the Miami-
599	Dade State Attorney. Employees of the Miami-Dade State Attorney
600	and the Miami-Dade Public Defender who apply for and meet the
601	income qualifications for workforce housing shall receive
602	preference over other qualified applicants.
603	Section 8.  Paragraphs (c) and (e) of subsection (19) of
604	section 380.06, Florida Statutes, are amended to read:
605	380.06  Developments of regional impact.--
606	(19)  SUBSTANTIAL DEVIATIONS.--
607	(c)  An extension of the date of buildout of a development,
608	or any phase thereof, by more than 7 years shall be presumed to
609	create a substantial deviation subject to further development-
610	of-regional-impact review. An extension of the date of buildout,
611	or any phase thereof, of more than 5 years but not more than 7
612	years shall be presumed not to create a substantial deviation.
613	The extension of the date of buildout of an areawide development
614	of regional impact by more than 5 years but less than 10 years
615	is presumed not to create a substantial deviation. These
616	presumptions may be rebutted by clear and convincing evidence at
617	the public hearing held by the local government. An extension of
618	5 years or less is not a substantial deviation. For the purpose
619	of calculating when a buildout or phase date has been exceeded,
620	the time shall be tolled during the pendency of administrative
621	or judicial proceedings relating to development permits. Any
622	extension of the buildout date of a project or a phase thereof
623	shall automatically extend the commencement date of the project,
624	the termination date of the development order, the expiration
625	date of the development of regional impact, and the phases
626	thereof if applicable by a like period of time. In recognition
627	of the 2007 real estate market conditions, all phase, buildout,
628	and expiration dates for projects that are developments of
629	regional impact and under active construction on July 1, 2007,
630	are extended for 3 years regardless of any prior extension. The
631	3-year extension is not a substantial deviation, is not subject
632	to further development-of-regional-impact review, and must not
633	be considered when determining whether a subsequent extension is
634	a substantial deviation under this subsection.
635	Section 9.  Paragraph (f) of subsection (3) of section
636	380.0651, Florida Statutes, is amended to read:
637	380.0651  Statewide guidelines and standards.--
638	(3)  The following statewide guidelines and standards shall
639	be applied in the manner described in s. 380.06(2) to determine
640	whether the following developments shall be required to undergo
641	development-of-regional-impact review:
642	(f)  Hotel or motel development.--
643	1.  Any proposed hotel or motel development that is planned
644	to create or accommodate 350 or more units; or
645	2.  Any proposed hotel or motel development that is planned
646	to create or accommodate 750 or more units, in a county with a
647	population greater than 500,000, and only in a geographic area
648	specifically designated as highly suitable for increased
649	threshold intensity in the approved local comprehensive plan and
650	in the strategic regional policy plan.
651	(e)1.  Except for a development order rendered pursuant to
652	subsection (22) or subsection (25), a proposed change to a
653	development order that individually or cumulatively with any
654	previous change is less than any numerical criterion contained
655	in subparagraphs (b)1.-13. and does not exceed any other
656	criterion, or that involves an extension of the buildout date of
657	a development, or any phase thereof, of less than 5 years is not
658	subject to the public hearing requirements of subparagraph
659	(f)3., and is not subject to a determination pursuant to
660	subparagraph (f)5. Notice of the proposed change shall be made
661	to the regional planning council and the state land planning
662	agency. Such notice shall include a description of previous
663	individual changes made to the development, including changes
664	previously approved by the local government, and shall include
665	appropriate amendments to the development order.
666	2.  The following changes, individually or cumulatively
667	with any previous changes, are not substantial deviations:
668	a.  Changes in the name of the project, developer, owner,
669	or monitoring official.
670	b.  Changes to a setback that do not affect noise buffers,
671	environmental protection or mitigation areas, or archaeological
672	or historical resources.
673	c.  Changes to minimum lot sizes.
674	d.  Changes in the configuration of internal roads that do
675	not affect external access points.
676	e.  Changes to the building design or orientation that stay
677	approximately within the approved area designated for such
678	building and parking lot, and which do not affect historical
679	buildings designated as significant by the Division of
680	Historical Resources of the Department of State.
681	f.  Changes to increase the acreage in the development,
682	provided that no development is proposed on the acreage to be
683	added.
684	g.  Changes to eliminate an approved land use, provided
685	that there are no additional regional impacts.
686	h.  Changes required to conform to permits approved by any
687	federal, state, or regional permitting agency, provided that
688	these changes do not create additional regional impacts.
689	i.  Any renovation or redevelopment of development within a
690	previously approved development of regional impact which does
691	not change land use or increase density or intensity of use.
692	j.  Changes that modify boundaries and configuration of
693	areas described in subparagraph (b)14. due to science-based
694	refinement of such areas by survey, by habitat evaluation, by
695	other recognized assessment methodology, or by an environmental
696	assessment. In order for changes to qualify under this sub-
697	subparagraph, the survey, habitat evaluation, or assessment must
698	occur prior to the time a conservation easement protecting such
699	lands is recorded and must not result in any net decrease in the
700	total acreage of the lands specifically set aside for permanent
701	preservation in the final development order.
702	k.  Changes to permit the sale of an affordable housing
703	unit to a person who earns less than 120 percent of the area
704	median income, provided the developer actively markets the unit
705	for a minimum period of 6 months, is unable to close a sale to a
706	qualified buyer in a lower income qualified income class, a
707	certificate of occupancy is issued for the unit, and the
708	developer proposes to sell the unit to a person who earns less
709	than 120 percent of the area median income at a purchase price
710	that is no greater than the purchase price at which the unit was
711	originally marketed to a lower income qualified class. This
712	provision may not be applied to residential units approved
713	pursuant to subparagraph (b)7. or paragraph (i), and shall
714	expire on July 1, 2009.
715	l.k.  Any other change which the state land planning
716	agency, in consultation with the regional planning council,
717	agrees in writing is similar in nature, impact, or character to
718	the changes enumerated in sub-subparagraphs a.-j. and which does
719	not create the likelihood of any additional regional impact.
720
721	This subsection does not require the filing of a notice of
722	proposed change but shall require an application to the local
723	government to amend the development order in accordance with the
724	local government's procedures for amendment of a development
725	order. In accordance with the local government's procedures,
726	including requirements for notice to the applicant and the
727	public, the local government shall either deny the application
728	for amendment or adopt an amendment to the development order
729	which approves the application with or without conditions.
730	Following adoption, the local government shall render to the
731	state land planning agency the amendment to the development
732	order. The state land planning agency may appeal, pursuant to s.
733	380.07(3), the amendment to the development order if the
734	amendment involves sub-subparagraph g., sub-subparagraph h.,
735	sub-subparagraph j., or sub-subparagraph k. , or sub-
736	subparagraph l., and it believes the change creates a reasonable
737	likelihood of new or additional regional impacts.
738	3.  Except for the change authorized by sub-subparagraph
739	2.f., any addition of land not previously reviewed or any change
740	not specified in paragraph (b) or paragraph (c) shall be
741	presumed to create a substantial deviation. This presumption may
742	be rebutted by clear and convincing evidence.
743	4.  Any submittal of a proposed change to a previously
744	approved development shall include a description of individual
745	changes previously made to the development, including changes
746	previously approved by the local government. The local
747	government shall consider the previous and current proposed
748	changes in deciding whether such changes cumulatively constitute
749	a substantial deviation requiring further development-of-
750	regional-impact review.
751	5.  The following changes to an approved development of
752	regional impact shall be presumed to create a substantial
753	deviation. Such presumption may be rebutted by clear and
754	convincing evidence.
755	a.  A change proposed for 15 percent or more of the acreage
756	to a land use not previously approved in the development order.
757	Changes of less than 15 percent shall be presumed not to create
758	a substantial deviation.
759	b.  Notwithstanding any provision of paragraph (b) to the
760	contrary, a proposed change consisting of simultaneous increases
761	and decreases of at least two of the uses within an authorized
762	multiuse development of regional impact which was originally
763	approved with three or more uses specified in s. 380.0651(3)(c),
764	(d), (e), and (f) and residential use.
765	Section 10.  Subsection (2) of section 420.504, Florida
766	Statutes, is amended to read:
767	420.504  Public corporation; creation, membership, terms,
768	expenses.--
769	(2)  The corporation is constituted as a public
770	instrumentality, and the exercise by the corporation of the
771	power conferred by this act is considered to be the performance
772	of an essential public function. The corporation is shall
773	constitute an agency for the purposes of s. 120.52 and is a
774	state agency for purposes of s. 159.807(4). The corporation is
775	subject to chapter 119, subject to exceptions applicable to the
776	corporation, and to the provisions of chapter 286; however, the
777	corporation shall be entitled to provide notice of internal
778	review committee meetings for competitive proposals or
779	procurement to applicants by mail, or facsimile, or publication
780	on an Internet website, rather than by means of publication. The
781	corporation is not governed by chapter 607 or chapter 617, but
782	by the provisions of this part. If for any reason the
783	establishment of the corporation is deemed in violation of law,
784	such provision is severable and the remainder of this act
785	remains in full force and effect.
786	Section 11.  Section 420.506, Florida Statutes, is amended
787	to read:
788	420.506  Executive director; agents and employees.--The
789	appointment and removal of an executive director shall be by the
790	Secretary of Community Affairs, with the advice and consent of
791	the corporation's board of directors. The executive director
792	shall employ legal and technical experts and such other agents
793	and employees, permanent and temporary, as the corporation may
794	require, and shall communicate with and provide information to
795	the Legislature with respect to the corporation's activities.
796	The board is authorized, notwithstanding the provisions of s.
797	216.262, to develop and implement rules regarding the employment
798	of employees of the corporation and service providers, including
799	legal counsel. The corporation is authorized to enter into a
800	lease agreement with the Department of Management Services or
801	the Department of Community Affairs for the lease of state
802	employees from such entities, wherein an employee shall retain
803	his or her status as a state employee but shall work under the
804	direct supervision of the corporation, and shall retain the
805	right to participate in the Florida Retirement System. The board
806	of directors of the corporation is entitled to establish travel
807	procedures and guidelines for employees of the corporation. The
808	executive director's office and the corporation's files and
809	records must be located in Leon County.
810	Section 12.  Section 420.5061, Florida Statutes, is amended
811	to read:
812	420.5061  Transfer of agency assets and liabilities.--
813	Effective January 1, 1998, all assets and liabilities and rights
814	and obligations, including any outstanding contractual
815	obligations, of the agency shall be transferred to The
816	corporation is the as legal successor in all respects to the
817	agency, is. the corporation shall thereupon become obligated to
818	the same extent as the agency under any existing agreements
819	existing on December 31, 1997, and is be entitled to any rights
820	and remedies previously afforded the agency by law or contract,
821	including specifically the rights of the agency under chapter
822	201 and part VI of chapter 159. The corporation is a state
823	agency for purposes of s. 159.807(4)(a). Effective January 1,
824	1998, all references under Florida law to the agency are deemed
825	to mean the corporation. The corporation shall transfer to the
826	General Revenue Fund an amount which otherwise would have been
827	deducted as a service charge pursuant to s. 215.20(1) if the
828	Florida Housing Finance Corporation Fund established by s.
829	420.508(5), the State Apartment Incentive Loan Fund established
830	by s. 420.5087(7), the Florida Homeownership Assistance Fund
831	established by s. 420.5088(4), the HOME Investment Partnership
832	Fund established by s. 420.5089(1), and the Housing
833	Predevelopment Loan Fund established by s. 420.525(1) were each
834	trust funds. For purposes of s. 112.313, the corporation is
835	deemed to be a continuation of the agency, and the provisions
836	thereof are deemed to apply as if the same entity remained in
837	place. Any employees of the agency and agency board members
838	covered by s. 112.313(9)(a)6. shall continue to be entitled to
839	the exemption in that subparagraph, notwithstanding being hired
840	by the corporation or appointed as board members of the
841	corporation. Effective January 1, 1998, all state property in
842	use by the agency shall be transferred to and become the
843	property of the corporation.
844	Section 13.  Subsection (46) is added to section 420.507,
845	Florida Statutes, to read:
846	420.507  Powers of the corporation.--The corporation shall
847	have all the powers necessary or convenient to carry out and
848	effectuate the purposes and provisions of this part, including
849	the following powers which are in addition to all other powers
850	granted by other provisions of this part:
851	(46)  To require, as a condition of financing a multifamily
852	rental project, that an agreement be recorded in the official
853	records of the county where the real property is located, which
854	requires that the project be used for housing defined as
855	affordable in s. 420.0004(3) by persons defined in 420.0004(8),
856	(10), (11), and (15). Such an agreement is a state land use
857	regulation that limits the highest and best use of the property
858	within the meaning of s. 193.011(2).
859	Section 14.  Subsection (3) of section 420.5087, Florida
860	Statutes, is amended to read:
861	420.5087  State Apartment Incentive Loan Program.--There is
862	hereby created the State Apartment Incentive Loan Program for
863	the purpose of providing first, second, or other subordinated
864	mortgage loans or loan guarantees to sponsors, including for-
865	profit, nonprofit, and public entities, to provide housing
866	affordable to very-low-income persons.
867	(3)  During the first 6 months of loan or loan guarantee
868	availability, program funds shall be reserved for use by
869	sponsors who provide the housing set-aside required in
870	subsection (2) for the tenant groups designated in this
871	subsection. The reservation of funds to each of these groups
872	shall be determined using the most recent statewide very-low-
873	income rental housing market study available at the time of
874	publication of each notice of fund availability required by
875	paragraph (6)(b). The reservation of funds within each notice of
876	fund availability to the tenant groups in paragraphs (a), (b),
877	and (d) may not be less than 10 percent of the funds available
878	at that time. Any increase in funding required to reach the 10-
879	percent minimum must shall be taken from the tenant group that
880	has the largest reservation. The reservation of funds within
881	each notice of fund availability to the tenant group in
882	paragraph (c) may not be less than 5 percent of the funds
883	available at that time. The tenant groups are:
884	(a)  Commercial fishing workers and farmworkers;
885	(b)  Families;
886	(c)  Persons who are homeless; and
887	(d)  Elderly persons. Ten percent of the amount reserved
888	for the elderly shall be reserved to provide loans to sponsors
889	of housing for the elderly for the purpose of making building
890	preservation, health, or sanitation repairs or improvements
891	which are required by federal, state, or local regulation or
892	code, or lifesafety or security-related repairs or improvements
893	to such housing. Such a loan may not exceed $750,000 per housing
894	community for the elderly. In order to receive the loan, the
895	sponsor of the housing community must make a commitment to match
896	at least 5 percent of the loan amount to pay the cost of such
897	repair or improvement. The corporation shall establish the rate
898	of interest on the loan, which may not exceed 3 percent, and the
899	term of the loan, which may not exceed 15 years; however, if the
900	lien of the corporation's encumbrance is subordinate to the lien
901	of another mortgagee, then the term may be made coterminous with
902	the longest term of the superior lien. The term of the loan
903	shall be based on established on the basis of a credit analysis
904	of the applicant. The corporation may forgive indebtedness for a
905	share of the loan attributable to the units in a project
906	reserved for extremely-low-income elderly by nonprofit
907	organizations, as defined in s. 420.0004(5), where the project
908	has provided affordable housing to the elderly for 15 years or
909	more. The corporation shall establish, by rule, the procedure
910	and criteria for receiving, evaluating, and competitively
911	ranking all applications for loans under this paragraph. A loan
912	application must include evidence of the first mortgagee's
913	having reviewed and approved the sponsor's intent to apply for a
914	loan. A nonprofit organization or sponsor may not use the
915	proceeds of the loan to pay for administrative costs, routine
916	maintenance, or new construction.
917	Section 15.  Section 420.5095, Florida Statutes, is amended
918	to read:
919	420.5095  Community Workforce Housing Innovation Pilot
920	Program.--
921	(1)  The Legislature finds and declares that recent rapid
922	increases in the median purchase price of a home and the cost of
923	rental housing have far outstripped the increases in median
924	income in the state, preventing essential services personnel
925	from living in the communities where they serve and thereby
926	creating the need for innovative solutions for the provision of
927	housing opportunities for essential services personnel.
928	(2)  The Community Workforce Housing Innovation Pilot
929	Program is created to provide affordable rental and home
930	ownership community workforce housing for essential services
931	personnel affected by the high cost of housing, using regulatory
932	incentives and state and local funds to promote local public-
933	private partnerships and leverage government and private
934	resources.
935	(3)  For purposes of this section, the term following
936	definitions apply:
937	(a)  "Workforce housing" means housing affordable to
938	natural persons or families whose total annual household income
939	does not exceed 140 percent of the area median income, adjusted
940	for household size, or 150 percent of area median income,
941	adjusted for household size, in areas of critical state concern
942	designated under s. 380.05, for which the Legislature has
943	declared its intent to provide affordable housing, and areas
944	that were designated as areas of critical state concern for at
945	least 20 consecutive years prior to removal of the designation.
946	(b)  "Essential services personnel" means persons in need
947	of affordable housing who are employed in occupations or
948	professions in which they are considered essential services
949	personnel, as defined by each county and eligible municipality
950	within its respective local housing assistance plan pursuant to
951	s. 420.9075(3)(a).
952	(c)  "Public-private partnership" means any form of
953	business entity that includes substantial involvement of at
954	least one county, one municipality, or one public sector entity,
955	such as a school district or other unit of local government in
956	which the project is to be located, and at least one private
957	sector for-profit or not-for-profit business or charitable
958	entity, and may be any form of business entity, including a
959	joint venture or contractual agreement.
960	(4)  The Florida Housing Finance Corporation is authorized
961	to provide Community Workforce Housing Innovation Pilot Program
962	loans to an applicant for construction or rehabilitation of
963	workforce housing in eligible areas. The corporation shall
964	establish a funding process and selection criteria by rule or
965	request for proposals. This funding is intended to be used with
966	other public and private sector resources.
967	(5)  The corporation shall establish a loan application
968	process by rule which includes selection criteria, an
969	application review process, and a funding process. The
970	corporation shall also establish an application review committee
971	that may include up to three private citizens representing the
972	areas of housing or real estate development, banking, community
973	planning, or other areas related to the development or financing
974	of workforce and affordable housing.
975	(a)  The selection criteria and application review process
976	must include a procedure for curing errors in the loan
977	applications which do not make a substantial change to the
978	proposed project.
979	(b)  To achieve the goals of the pilot program, the
980	application review committee may approve or reject loan
981	applications or responses to questions raised during the review
982	of an application due to the insufficiency of information
983	provided.
984	(c)  The application review committee shall make
985	recommendations concerning program participation and funding to
986	the corporation's board of directors.
987	(d)  The board of directors shall approve or reject loan
988	applications, determine the tentative loan amount available to
989	each applicant, and rank all approved applications.
990	(e)  The board of directors shall decide which approved
991	applicants will become program participants and determine the
992	maximum loan amount for each program participant.
993	(6)(5)  The corporation shall provide incentives for local
994	governments in eligible areas to use local affordable housing
995	funds, such as those from the State Housing Initiatives
996	Partnership Program, to assist in meeting the affordable housing
997	needs of persons eligible under this program. Local governments
998	are authorized to use State Housing Initiative Partnership
999	Program funds for persons or families whose total annual
1000	household income does not exceed:
1001	(a)  One hundred and forty percent of the area median
1002	income, adjusted for household size; or
1003	(b)  One hundred and fifty percent of the area median
1004	income, adjusted for household size, in areas that were
1005	designated as areas of critical state concern for at least 20
1006	consecutive years prior to the removal of the designation and in
1007	areas of critical state concern, designated under s. 380.05, for
1008	which the Legislature has declared its intent to provide
1009	affordable housing.
1010	(7)(6)  Funding shall be targeted to innovative projects in
1011	areas where the disparity between the area median income and the
1012	median sales price for a single-family home is greatest, and for
1013	projects in areas where population growth as a percentage rate
1014	of increase is greatest. The corporation may also fund projects
1015	in areas where innovative regulatory and financial incentives
1016	are made available. The corporation shall fund at least one
1017	eligible project in as many counties and regions of the state as
1018	is practicable, consistent with program goals as possible.
1019	(8)(7)  Projects shall receive priority consideration for
1020	funding where:
1021	(a)  The local jurisdiction has adopted, or is committed to
1022	adopting, adopts appropriate regulatory incentives, or the local
1023	jurisdiction or public-private partnership has adopted or is
1024	committed to adopting local contributions or financial
1025	strategies, or other funding sources to promote the development
1026	and ongoing financial viability of such projects. Local
1027	incentives include such actions as expediting review of
1028	development orders and permits, supporting development near
1029	transportation hubs and major employment centers, and adopting
1030	land development regulations designed to allow flexibility in
1031	densities, use of accessory units, mixed-use developments, and
1032	flexible lot configurations. Financial strategies include such
1033	actions as promoting employer-assisted housing programs,
1034	providing tax increment financing, and providing land.
1035	(b)  Projects are innovative and include new construction
1036	or rehabilitation;, mixed-income housing;, or commercial and
1037	housing mixed-use elements; innovative design, green building
1038	principles; storm-resistant construction; or other elements that
1039	reduce long-term costs relating to maintenance, utilities, or
1040	insurance and those that promote homeownership. The program
1041	funding may shall not exceed the costs attributable to the
1042	portion of the project that is set aside to provide housing for
1043	the targeted population.
1044	(c)  Projects that set aside at least 80 percent of units
1045	for workforce housing and at least 50 percent for essential
1046	services personnel and for projects that require the least
1047	amount of program funding compared to the overall housing costs
1048	for the project.
1049	(9)(8)  Notwithstanding the provisions of s. 163.3184(3)-
1050	(6), any local government comprehensive plan amendment to
1051	implement a Community Workforce Housing Innovation Pilot Program
1052	project found consistent with the provisions of this section
1053	shall be expedited as provided in this subsection. At least 30
1054	days prior to adopting a plan amendment under pursuant to this
1055	subsection, the local government shall notify the state land
1056	planning agency of its intent to adopt such an amendment, and
1057	the notice shall include its evaluation related to site
1058	suitability and availability of facilities and services. The
1059	public notice of the hearing required by s. 163.3184(15)(b)2. s.
1060	163.3184(15)(e) shall include a statement that the local
1061	government intends to use utilize the expedited adoption process
1062	authorized by this subsection. Such amendments shall require
1063	only a single public hearing before the governing board, which
1064	shall be an adoption hearing as described in s. 163.3184(7).,
1065	and The state land planning agency shall issue its notice of
1066	intent pursuant to s. 163.3184(8) within 30 days after
1067	determining that the amendment package is complete. Any further
1068	proceedings shall be governed by ss. 163.3184(9)-(16).
1069	Amendments proposed under this section are not subject to s.
1070	163.3187(1), which limits the adoption of a comprehensive plan
1071	amendment to no more than two times during any calendar year.
1072	(10)  The processing of approvals of development orders or
1073	development permits, as defined in s. 163.3164(7) and (8), for
1074	innovative community workforce housing projects shall be
1075	expedited.
1076	(11)(9)  The corporation shall award loans with interest
1077	rates set at 1 to 3 percent, which may be made forgivable when
1078	long-term affordability is provided and when at least 80 percent
1079	of the units are set aside for workforce housing and at least 50
1080	percent of the units are set aside for essential services
1081	personnel.
1082	(12)(10)  All eligible applications shall:
1083	(a)  For home ownership, limit the sales price of a
1084	detached unit, townhome, or condominium unit to not more than 90
1085	80 percent of the median sales price for that type of unit in
1086	that county, or the statewide median sales price for that type
1087	of unit, whichever is higher, and require that all eligible
1088	purchasers of home ownership units occupy the homes as their
1089	primary residence.
1090	(b)  For rental units, restrict rents for all workforce
1091	housing serving those with incomes at or below 120 percent of
1092	area median income at the appropriate income level using the
1093	restricted rents for the federal low-income housing tax credit
1094	program and, for workforce housing units serving those with
1095	incomes above 120 percent of area median income, restrict rents
1096	to those established by the corporation, not to exceed 30
1097	percent of the maximum household income adjusted to unit size.
1098	(c)  Demonstrate that the applicant is a public-private
1099	partnership in an agreement, contract, partnership agreement,
1100	memorandum of understanding, or other written instrument signed
1101	by all the project partners.
1102	(d)  Have grants, donations of land, or contributions from
1103	the public-private partnership or other sources collectively
1104	totaling at least 10 15 percent of the total development cost or
1105	$2 million, whichever is less. Such grants, donations of land,
1106	or contributions must be evidenced by a letter of commitment, an
1107	agreement, contract, deed, memorandum of understanding, or other
1108	written instrument only at the time of application. Grants,
1109	donations of land, or contributions in excess of 10 15 percent
1110	of the development cost shall increase the application score.
1111	(e)  Demonstrate how the applicant will use the regulatory
1112	incentives and financial strategies outlined in subsection (8)
1113	paragraph (7)(a) from the local jurisdiction in which the
1114	proposed project is to be located. The corporation may consult
1115	with the Department of Community Affairs in evaluating the use
1116	of regulatory incentives by applicants.
1117	(f)  Demonstrate that the applicant possesses title to or
1118	site control of land and evidences availability of required
1119	infrastructure.
1120	(g)  Demonstrate the applicant's affordable housing
1121	development and management experience.
1122	(h)  Provide any research or facts available supporting the
1123	demand and need for rental or home ownership workforce housing
1124	for eligible persons in the market in which the project is
1125	proposed.
1126	(13)(11)  Projects may include manufactured housing
1127	constructed after June 1994 and installed in accordance with
1128	mobile home installation standards of the Department of Highway
1129	Safety and Motor Vehicles.
1130	(14)(12)  The corporation may adopt rules pursuant to ss.
1131	120.536(1) and 120.54 to implement the provisions of this
1132	section.
1133	(15)(13)  The corporation may use a maximum of 2 percent of
1134	the annual program appropriation for administration and
1135	compliance monitoring.
1136	(16)(14)  The corporation shall review the success of the
1137	Community Workforce Housing Innovation Pilot Program to
1138	ascertain whether the projects financed by the program are
1139	useful in meeting the housing needs of eligible areas and shall
1140	include its findings in the annual report required under s.
1141	420.511(3). The corporation shall submit its report and any
1142	recommendations regarding the program to the Governor, the
1143	Speaker of the House of Representatives, and the President of
1144	the Senate not later than 2 months after the end of the
1145	corporation's fiscal year.
1146	Section 16.  Subsection (3) of section 420.511, Florida
1147	Statutes, is amended to read:
1148	420.511  Business plan; strategic plan; annual report.--
1149	(3)(a)  The corporation shall submit to the Governor and
1150	the presiding officers of each house of the Legislature, within
1151	2 months after the end of its fiscal year, a complete and
1152	detailed report setting forth:
1153	1.(a)  Its operations and accomplishments;
1154	2.(b)  Its receipts and expenditures during its fiscal year
1155	in accordance with the categories or classifications established
1156	by the corporation for its operating and capital outlay
1157	purposes;
1158	3.(c)  Its assets and liabilities at the end of its fiscal
1159	year and the status of reserve, special, or other funds;
1160	4.(d)  A schedule of its bonds outstanding at the end of
1161	its fiscal year, together with a statement of the principal
1162	amounts of bonds issued and redeemed during the fiscal year; and
1163	5.(e)  Information relating to the corporation's activities
1164	in implementing the provisions of ss. 420.5087, and 420.5088,
1165	and 420.5095.
1166	(b)  The report required by this subsection shall include,
1167	but not be limited to:
1168	1.  The number of people served, delineated by income, age,
1169	family size, and racial characteristics.
1170	2.  The number of units produced under each program.
1171	3.  The average cost of producing units under each program.
1172	4.  The average sales price of single-family units financed
1173	under s. 420.5088.
1174	5.  The average amount of rent charged based on unit size
1175	on units financed under s. 420.5087.
1176	6.  The number of persons in rural communities served under
1177	each program.
1178	7.  The number of farmworkers served under each program.
1179	8.  The number of homeless persons served under each
1180	program.
1181	9.  The number of elderly persons served under each
1182	program.
1183	10.  The extent to which geographic distribution has been
1184	achieved in accordance with the provisions of s. 420.5087.
1185	11.  The success of the Community Workforce Housing
1186	Innovation Pilot Program in meeting the housing needs of
1187	eligible areas.
1188	12.11.  Any other information the corporation deems
1189	appropriate.
1190	Section 17.  Subsection (1) of section 420.513, Florida
1191	Statutes, is amended to read:
1192	420.513  Exemption from taxes and eligibility as
1193	investment.--
1194	(1)  The property of the corporation, the transactions and
1195	operations thereof, the income therefrom, and the bonds of the
1196	corporation issued under this act, together with all notes,
1197	mortgages, security agreements, letters of credit, or other
1198	instruments that arise out of or are given to secure the
1199	repayment of bonds issued in connection with the financing of
1200	any housing development under this part, and all notes,
1201	mortgages, security agreements, letters of credit, or other
1202	instruments that arise out of or are given to secure the
1203	repayment of loans issued in connection with the financing of
1204	any housing under this part, as well as the interest thereon and
1205	income therefrom, regardless of the status of any party thereto
1206	as a private party, shall be exempt from taxation by the state
1207	and its political subdivisions. The exemption granted by this
1208	subsection shall not apply to any tax imposed by chapter 220 on
1209	interest, income, or profits on debt obligations owned by
1210	corporations.
1211	Section 18.  Subsection (7) of section 420.526, Florida
1212	Statutes, is amended to read:
1213	420.526  Predevelopment Loan Program; loans and grants
1214	authorized; activities eligible for support.--
1215	(7)  No predevelopment loan made under this section shall
1216	exceed the lesser of:
1217	(a)  The development and acquisition costs for the project,
1218	as determined by rule of the corporation; or
1219	(b)  Seven hundred and fifty Five hundred thousand dollars.
1220	Section 19.  Subsections (2), (4), (5), and (6) of section
1221	420.9076, Florida Statutes, are amended, and subsections (8) and
1222	(9) are added to that section, to read:
1223	420.9076  Adoption of affordable housing incentive
1224	strategies; committees.--
1225	(2)  The governing board of a county or municipality shall
1226	appoint the members of the affordable housing advisory committee
1227	by resolution. Pursuant to the terms of any interlocal
1228	agreement, a county and municipality may create and jointly
1229	appoint an advisory committee to prepare a joint plan. The
1230	ordinance adopted pursuant to s. 420.9072 which creates the
1231	advisory committee or the resolution appointing the advisory
1232	committee members must provide for eleven nine committee members
1233	and their terms. The committee must include:
1234	(a)  One citizen who is actively engaged in the residential
1235	home building industry in connection with affordable housing.
1236	(b)  One citizen who is actively engaged in the banking or
1237	mortgage banking industry in connection with affordable housing.
1238	(c)  One citizen who is a representative of those areas of
1239	labor actively engaged in home building in connection with
1240	affordable housing.
1241	(d)  One citizen who is actively engaged as an advocate for
1242	low-income persons in connection with affordable housing.
1243	(e)  One citizen who is actively engaged as a for-profit
1244	provider of affordable housing.
1245	(f)  One citizen who is actively engaged as a not-for-
1246	profit provider of affordable housing.
1247	(g)  One citizen who is actively engaged as a real estate
1248	professional in connection with affordable housing.
1249	(h)  One citizen who actively serves on the local planning
1250	agency pursuant to s. 163.3174.
1251	(i)  One citizen who resides within the jurisdiction of the
1252	local governing body making the appointments.
1253	(j)  One citizen who represents employers within the
1254	jurisdiction.
1255	(k)  One citizen who represents essential services
1256	personnel, as defined in the local housing assistance plan.
1257
1258	If a county or eligible municipality whether due to its small
1259	size, the presence of a conflict of interest by prospective
1260	appointees, or other reasonable factor, is unable to appoint a
1261	citizen actively engaged in these activities in connection with
1262	affordable housing, a citizen engaged in the activity without
1263	regard to affordable housing may be appointed. Local governments
1264	that receive the minimum allocation under the State Housing
1265	Initiatives Partnership Program may elect to appoint an
1266	affordable housing advisory committee with fewer than eleven
1267	representatives if they are unable to find representatives that
1268	meet the criteria of paragraphs (a)-(k).
1269	(4)  Triennially, the advisory committee shall review the
1270	established policies and procedures, ordinances, land
1271	development regulations, and adopted local government
1272	comprehensive plan of the appointing local government and shall
1273	recommend specific actions or initiatives to encourage or
1274	facilitate affordable housing while protecting the ability of
1275	the property to appreciate in value. The Such recommendations
1276	may include the modification or repeal of existing policies,
1277	procedures, ordinances, regulations, or plan provisions; the
1278	creation of exceptions applicable to affordable housing; or the
1279	adoption of new policies, procedures, regulations, ordinances,
1280	or plan provisions, including recommendations to amend the local
1281	government comprehensive plan and corresponding regulations,
1282	ordinances, and other policies. At a minimum, each advisory
1283	committee shall submit a report to the local governing body that
1284	includes make recommendations on, and triennially thereafter
1285	evaluates the implementation of, affordable housing incentives
1286	in the following areas:
1287	(a)  The processing of approvals of development orders or
1288	permits, as defined in s. 163.3164(7) and (8), for affordable
1289	housing projects is expedited to a greater degree than other
1290	projects.
1291	(b)  The modification of impact-fee requirements, including
1292	reduction or waiver of fees and alternative methods of fee
1293	payment for affordable housing.
1294	(c)  The allowance of flexibility in densities increased
1295	density levels for affordable housing.
1296	(d)  The reservation of infrastructure capacity for housing
1297	for very-low-income persons, and low-income persons, and
1298	moderate-income persons.
1299	(e)  The allowance of affordable accessory residential
1300	units in residential zoning districts.
1301	(f)  The reduction of parking and setback requirements for
1302	affordable housing.
1303	(g)  The allowance of flexible lot configurations,
1304	including zero-lot-line configurations for affordable housing.
1305	(h)  The modification of street requirements for affordable
1306	housing.
1307	(i)  The establishment of a process by which a local
1308	government considers, before adoption, policies, procedures,
1309	ordinances, regulations, or plan provisions that increase the
1310	cost of housing.
1311	(j)  The preparation of a printed inventory of locally
1312	owned public lands suitable for affordable housing.
1313	(k)  The support of development near transportation hubs
1314	and major employment centers and mixed-use developments.
1315
1316	The advisory committee recommendations may must also include
1317	other affordable housing incentives identified by the advisory
1318	committee. Local governments that receive the minimum allocation
1319	under the State Housing Initiatives Partnership Program shall
1320	perform the initial review, but may elect to not perform the
1321	triennial review.
1322	(5)  The approval by the advisory committee of its local
1323	housing incentive strategies recommendations and its review of
1324	local government implementation of previously recommended
1325	strategies must be made by affirmative vote of a majority of the
1326	membership of the advisory committee taken at a public hearing.
1327	Notice of the time, date, and place of the public hearing of the
1328	advisory committee to adopt final local housing incentive
1329	strategies recommendations must be published in a newspaper of
1330	general paid circulation in the county. The Such notice must
1331	contain a short and concise summary of the local housing
1332	incentives strategies recommendations to be considered by the
1333	advisory committee. The notice must state the public place where
1334	a copy of the tentative advisory committee recommendations can
1335	be obtained by interested persons.
1336	(6)  Within 90 days after the date of receipt of the local
1337	housing incentive strategies recommendations from the advisory
1338	committee, the governing body of the appointing local government
1339	shall adopt an amendment to its local housing assistance plan to
1340	incorporate the local housing incentive strategies it will
1341	implement within its jurisdiction. The amendment must include,
1342	at a minimum, the local housing incentive strategies required
1343	under s. 420.9071(16). The local government must consider the
1344	strategies specified in paragraphs (4)(a)-(k) as recommended by
1345	the advisory committee (4)(a)-(j).
1346	(8)  The advisory committee may perform other duties at the
1347	request of the local government, including:
1348	(a)  The provision of mentoring services to affordable
1349	housing partners including developers, banking institutions,
1350	employers, and others to identify available incentives, assist
1351	with applications for funding requests, and develop partnerships
1352	between various parties.
1353	(b)  The creation of best practices for the development of
1354	affordable housing in the community.
1355	(9)  The advisory committee shall be cooperatively staffed
1356	by the local government department or division having authority
1357	to administer local planning or housing programs to ensure an
1358	integrated approach to the work of the advisory committee.
1359	Section 20.  Section 624.46226, Florida Statutes, is
1360	created to read:
1361	624.46226  Public housing authorities self-insurance funds;
1362	exemption for taxation and assessments.--
1363	(1)  Any two or more public housing authorities in the
1364	state as defined in chapter 421 may also create a self-insurance
1365	fund for the purpose of self-insuring real or personal property
1366	of every kind and every interest in such property against loss
1367	or damage from any hazard or cause and against any loss
1368	consequential to such loss or damage, provided all the
1369	provisions of s. 624.4622 are met.
1370	(2)  Any public housing authority in the state as defined
1371	in chapter 421 that is a member of a self-insurance fund
1372	pursuant to this section shall be exempt from the assessments
1373	imposed under ss. 627.351, 631.57, and 215.555.
1374	Section 21.  This act shall take effect July 1, 2007.

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