Senate Bill sb2292

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2292

    By Senator Bennett





    21-1501-07

  1                      A bill to be entitled

  2         An act relating to affordable housing; creating

  3         s. 193.018, F.S.; providing for the assessment

  4         for tax purposes of certain property subject to

  5         99-year ground leases; amending s. 196.1978,

  6         F.S.; clarifying which types of property owned

  7         by certain nonprofit entities are exempt from

  8         ad valorem taxation; creating s. 196.1982,

  9         F.S.; providing for the assessment of certain

10         rent-restricted rental units; amending s.

11         420.5095, F.S.; providing for the Florida

12         Housing Finance Corporation to establish a

13         review and selection committee for the

14         Community Workforce Housing Innovation Pilot

15         Program loan process; requiring the corporation

16         to expedite that loan program; authorizing

17         local governments to use funds from the State

18         Housing Initiatives Partnership Program for

19         income levels included in workforce housing

20         projects; providing for expedited review of

21         certain local government amendments; revising

22         factors to be considered in awarding funding

23         for pilot programs; providing an effective

24         date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 193.018, Florida Statutes, is

29  created to read:

30         193.018  Property subject to 99-year leases;

31  assessments.--

                                  1

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1         (1)  Improvements used for permanently affordable

 2  housing subject to a 99-year ground lease shall be assessed

 3  under s. 193.011 pursuant to this section.

 4         (2)  The amount a willing purchaser would pay a willing

 5  seller is limited to the restricted resale price permitted

 6  under the 99-year ground lease.

 7         (3)  If a 99-year lease agreement or memorandum of such

 8  agreement containing a resale restriction to prove that the

 9  property is permanently affordable housing is filed in the

10  official records of the county in which the property is

11  located, the lease agreement and any amendment or supplement

12  thereto shall be considered a land use regulation and a

13  limitation on the highest and best use of the property during

14  the term of the lease or lease renewal.

15         Section 2.  Section 196.1978, Florida Statutes, is

16  amended to read:

17         196.1978  Affordable housing property exemption.--

18         (1)  Property used to provide affordable housing

19  serving eligible persons as defined by s. 159.603(7) and

20  persons meeting income limits specified in s. 420.0004(8),

21  (10), (11), and (15), which property is owned entirely by an a

22  nonprofit entity that is a corporation not for profit under

23  chapter 617 or a Florida limited partnership, the sole general

24  partner of which is a corporation not for profit under chapter

25  617, and which is qualified as charitable under s. 501(c)(3)

26  of the Internal Revenue Code and which complies with Rev.

27  Proc. 96-32, 1996-1 C.B. 717, shall be considered property

28  owned by an exempt entity and used for a charitable purpose,

29  and those portions of the affordable housing property which

30  provide housing to individuals with incomes as defined in s.

31  420.0004(10) and (15) shall be exempt from ad valorem taxation

                                  2

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1  to the extent authorized in s. 196.196. All property

 2  identified in this section shall comply with the criteria for

 3  determination of exempt status to be applied by property

 4  appraisers on an annual basis as defined in s. 196.195. The

 5  Legislature intends that any property owned by a limited

 6  liability company or limited liability partnership which is

 7  disregarded as an entity for federal income tax purposes

 8  pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be

 9  treated as owned by its sole member.

10         (2)  The exemption in this section also applies to land

11  that is owned by an exempt entity and subject to a 99-year

12  ground lease to provide permanently affordable housing.

13         Section 3.  Section 196.1982, Florida Statutes, is

14  created to read:

15         196.1982  Just valuation of affordable housing.--For

16  the purpose of assessing just valuation of affordable housing

17  properties serving persons having income limits defined as

18  low, moderate, and very low, as specified in ss. 420.0004(9),

19  (10), and (14), the actual rental income from rent-restricted

20  units in such a property shall be recognized by the property

21  appraiser for assessment purposes, and an income approach

22  shall be used for the assessment of property that is funded by

23  the United States Department of Housing and Urban Development

24  under s. 8 of the United States Housing Act of 1937, which is

25  used to provide affordable housing for eligible persons as

26  defined in s. 159.603(7), elderly persons as defined in s.

27  420.0004(7), and very-low-income persons as defined in s.

28  420.0004(14), and that has undergone financial restructuring

29  as provided in s. 501, Title V, Subtitle A of the Multifamily

30  Assisted Housing Reform and Affordability Act of 1997.

31  

                                  3

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1         Section 4.  Section 420.5095, Florida Statutes, is

 2  amended to read:

 3         420.5095  Community Workforce Housing Innovation Pilot

 4  Program.--

 5         (1)  The Legislature finds and declares that recent

 6  rapid increases in the median purchase price of a home and the

 7  cost of rental housing have far outstripped the increases in

 8  median income in the state, preventing essential services

 9  personnel from living in the communities where they serve and

10  thereby creating the need for innovative solutions for the

11  provision of housing opportunities for essential services

12  personnel.

13         (2)  The Community Workforce Housing Innovation Pilot

14  Program is created to provide affordable rental and home

15  ownership community workforce housing for essential services

16  personnel affected by the high cost of housing, using

17  regulatory incentives and state and local funds to promote

18  local public-private partnerships and leverage government and

19  private resources.

20         (3)  For purposes of this section, the following

21  definitions apply:

22         (a)  "Workforce housing" means housing affordable to

23  natural persons or families whose total annual household

24  income does not exceed 140 percent of the area median income,

25  adjusted for household size, or 150 percent of area median

26  income, adjusted for household size, in areas of critical

27  state concern designated under s. 380.05, for which the

28  Legislature has declared its intent to provide affordable

29  housing, and areas that were designated as areas of critical

30  state concern for at least 20 consecutive years prior to

31  removal of the designation.

                                  4

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1         (b)  "Essential services personnel" means persons in

 2  need of affordable housing who are employed in occupations or

 3  professions in which they are considered essential services

 4  personnel, as defined by each county and eligible municipality

 5  within its respective local housing assistance plan pursuant

 6  to s. 420.9075(3)(a).

 7         (c)  "Public-private partnership" means any form of

 8  business entity that includes substantial involvement of at

 9  least one county, one municipality, or one public sector

10  entity, such as a school district or other unit of local

11  government in which the project is to be located, and at least

12  one private sector for-profit or not-for-profit business or

13  charitable entity, and may be any form of business entity,

14  including a joint venture or contractual agreement.

15         (4)  The Florida Housing Finance Corporation is

16  authorized to provide Community Workforce Housing Innovation

17  Pilot Program loans to an applicant for construction or

18  rehabilitation of workforce housing in eligible areas. The

19  corporation shall establish a funding process and selection

20  criteria by rule or request for proposals. The corporation

21  shall establish a review and evaluation committee comprised of

22  three senior members of the corporation and three persons from

23  the private sector who are involved in housing or real estate

24  development, banking, community planning, or other areas

25  related to the development or financing of workforce

26  affordable housing. The review and selection process shall

27  include a process for curing minor errors in the applications.

28  This funding is intended to be used with other public and

29  private sector resources, including the corporation's other

30  housing program resources. The corporation shall expedite the

31  

                                  5

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1  application and selection process for this program starting

 2  July 1 of each fiscal year.

 3         (5)  The corporation shall provide incentives for local

 4  governments in eligible areas to use local affordable housing

 5  funds, such as those from the State Housing Initiatives

 6  Partnership Program, to assist in meeting the affordable

 7  housing needs of persons eligible under this program. Local

 8  governments may use funds from the State Housing Initiatives

 9  Partnership Program for income levels included in the

10  workforce housing projects.

11         (6)  Funding shall be targeted to projects in areas

12  where the disparity between the area median income and the

13  median sales price for a single-family home is greatest, and

14  for projects in areas where population growth as a percentage

15  rate of increase is greatest. The corporation may also fund

16  projects in areas where innovative regulatory and financial

17  incentives are made available. The corporation shall fund at

18  least one eligible project in as many counties as possible.

19         (7)  Projects shall receive priority consideration for

20  funding where:

21         (a)  The local jurisdiction adopts appropriate

22  regulatory incentives, local contributions or financial

23  strategies, or other funding sources to promote the

24  development and ongoing financial viability of such projects.

25  Local incentives include such actions as expediting review of

26  development orders and permits, supporting development near

27  transportation hubs and major employment centers, and adopting

28  land development regulations designed to allow flexibility in

29  densities, use of accessory units, mixed-use developments, and

30  flexible lot configurations. Financial strategies include such

31  

                                  6

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1  actions as promoting employer-assisted housing programs,

 2  providing tax increment financing, and providing land.

 3         (b)  Projects are innovative and include new

 4  construction or rehabilitation, mixed-income housing, or

 5  commercial and housing mixed-use elements and those that

 6  promote homeownership. The program funding shall not exceed

 7  the costs attributable to the portion of the project that is

 8  set aside to provide housing for the targeted population.

 9         (c)  Projects that set aside at least 80 percent of

10  units for workforce housing and at least 50 percent for

11  essential services personnel and for projects that require the

12  least amount of program funding compared to the overall

13  housing costs for the project.

14         (8)  Notwithstanding the provisions of s.

15  163.3184(3)-(6), any local government comprehensive plan

16  amendment to implement a Community Workforce Housing

17  Innovation Pilot Program project found consistent with the

18  provisions of this section shall be expedited as provided in

19  this subsection. At least 30 days prior to adopting a plan

20  amendment pursuant to this subsection, the local government

21  shall notify the state land planning agency of its intent to

22  adopt such an amendment, and the notice shall include its

23  evaluation related to site suitability and availability of

24  facilities and services. The public notice of the hearing

25  required by s. 163.3184(15)(e) shall include a statement that

26  the local government intends to utilize the expedited adoption

27  process authorized by this subsection. Such amendments shall

28  require only a single public hearing before the governing

29  board, which shall be an adoption hearing as described in s.

30  163.3184(7), and the state land planning agency shall issue

31  its notice of intent pursuant to s. 163.3184(8) within 30 days

                                  7

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1  after determining that the amendment package is complete. The

 2  Department of Community Affairs shall expedite review of any

 3  local government amendment designed to implement a Community

 4  Workforce Housing Innovation Pilot Program.

 5         (9)  The corporation shall award loans with interest

 6  rates set at 1 to 3 percent, which may be made forgivable when

 7  long-term affordability is provided and when at least 80

 8  percent of the units are set aside for workforce housing and

 9  at least 50 percent of the units are set aside for essential

10  services personnel.

11         (10)  All eligible applications shall:

12         (a)  For home ownership, limit the sales price of a

13  detached unit, townhome, or condominium unit to not more than

14  80 percent of the median sales price for that type of unit in

15  that county, or the statewide median sales price for that type

16  of unit, whichever is higher, and require that all eligible

17  purchasers of home ownership units occupy the homes as their

18  primary residence.

19         (b)  For rental units, restrict rents for all workforce

20  housing serving those with incomes at or below 120 percent of

21  area median income at the appropriate income level using the

22  restricted rents for the federal low-income housing tax credit

23  program and, for workforce housing units serving those with

24  incomes above 120 percent of area median income, restrict

25  rents to those established by the corporation, not to exceed

26  30 percent of the maximum household income adjusted to unit

27  size.

28         (c)  Demonstrate that the applicant is a public-private

29  partnership. The number of community partners and extent of

30  their involvement in the public-private partnership shall be a

31  factor considered in awarding funding.

                                  8

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1         (d)  Have grants, donations of land, or contributions

 2  from the public-private partnership or other sources

 3  collectively totaling at least 10 15 percent of the total

 4  development cost up to a maximum of $2 million. Such grants,

 5  donations of land, or contributions must be evidenced by a

 6  letter of commitment only at the time of application. Grants,

 7  donations of land, or contributions in excess of 10 15 percent

 8  of the development cost shall increase the application score.

 9         (e)  Demonstrate how the applicant will use the

10  regulatory incentives and financial strategies outlined in

11  paragraph (7)(a) from the local jurisdiction in which the

12  proposed project is to be located. The corporation may consult

13  with the Department of Community Affairs in evaluating the use

14  of regulatory incentives by applicants.

15         (f)  Demonstrate that the applicant possesses title to

16  or site control of land and evidences availability of required

17  infrastructure.

18         (g)  Demonstrate the applicant's affordable housing

19  development and management experience.

20         (h)  Provide any research or facts available supporting

21  the demand and need for rental or home ownership workforce

22  housing for eligible persons in the market in which the

23  project is proposed.

24         (11)  Projects may include manufactured housing

25  constructed after June 1994 and installed in accordance with

26  mobile home installation standards of the Department of

27  Highway Safety and Motor Vehicles.

28         (12)  The corporation may adopt rules pursuant to ss.

29  120.536(1) and 120.54 to implement the provisions of this

30  section.

31  

                                  9

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






    Florida Senate - 2007                                  SB 2292
    21-1501-07




 1         (13)  The corporation may use a maximum of 2 percent of

 2  the annual appropriation for administration and compliance

 3  monitoring.

 4         (14)  The corporation shall review the success of the

 5  Community Workforce Housing Innovation Pilot Program to

 6  ascertain whether the projects financed by the program are

 7  useful in meeting the housing needs of eligible areas. The

 8  corporation shall submit its report and any recommendations

 9  regarding the program to the Governor, the Speaker of the

10  House of Representatives, and the President of the Senate not

11  later than 2 months after the end of the corporation's fiscal

12  year.

13         Section 5.  This act shall take effect July 1, 2007.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Revises provisions related to programs that involve
      affordable housing. Revises certain assessments.
18    Clarifies that certain property is exempt from ad valorem
      taxes. Revises provisions related to the types of
19    assessments that are permitted. Provides for a review and
      selection committee to be appointed for Community
20    Workforce Housing Innovation Pilot Program loans.
      Requires that such loan applications be expedited.
21    Authorizes the use of State Housing Initiatives
      Partnership funds for income levels in certain projects.
22    Revises factors to be considered in awarding funds for
      such pilot programs. (See bill for details.)
23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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