Senate Bill sb0780c3

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    Florida Senate - 2007              CS for CS for CS for SB 780

    By the Committees on Transportation and Economic Development
    Appropriations; Finance and Tax; Community Affairs; and
    Senator Garcia



    606-2685-07

  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 163.3177, F.S., relating to the housing

  4         element of a local government comprehensive

  5         plan; requiring certain counties to adopt a

  6         plan for ensuring affordable workforce housing;

  7         providing that a local government that fails to

  8         comply with such requirement is ineligible to

  9         receive state housing assistance grants;

10         amending s. 163.3184, F.S.; authorizing certain

11         local government comprehensive plan amendments

12         to be expedited; providing requirements for

13         amendment notices; requiring a public hearing;

14         amending s. 163.3187, F.S.; authorizing certain

15         local government comprehensive plan amendments

16         to be made more than twice a year; amending s.

17         163.3191, F.S.; authorizing a local government

18         to adopt amendments to the local comprehensive

19         plan in order to integrate a port master plan

20         with the local comprehensive plan; providing a

21         limitation; creating ss. 197.307, 197.3071,

22         197.3072, 197.3073, 197.3074, 197.3075,

23         197.3076, 197.3077, 197.3078, and 197.3079,

24         F.S.; authorizing a county commission or

25         municipality to adopt an ordinance providing

26         for the deferral of ad valorem taxes and non-ad

27         valorem assessments for affordable rental

28         housing property under certain conditions;

29         requiring the tax collector to provide certain

30         notices to taxpayers about deferrals; providing

31         specifications for such ordinances; providing

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 1         eligibility requirements; authorizing a

 2         property owner to defer payment of ad valorem

 3         taxes and certain assessments; providing

 4         circumstances in which taxes and assessments

 5         may not be deferred; specifying the rate for

 6         deferment; providing that the taxes,

 7         assessments, and interest deferred constitute a

 8         prior lien on the property; providing an

 9         application process; providing notice

10         requirements for applications that are not

11         approved for deferment; providing an appeals

12         process; requiring applications for deferral to

13         contain a list of outstanding liens; providing

14         the date for calculating taxes due and payable;

15         requiring that a property owner furnish proof

16         of certain insurance coverage under certain

17         conditions; requiring the tax collector and the

18         property owner to notify the property appraiser

19         of parcels for which taxes and assessments have

20         been deferred; requiring the property appraiser

21         to notify the tax collector of changes in

22         ownership or use of tax-deferred properties;

23         providing requirements for tax certificates for

24         deferred payment; providing the rate of

25         interest; providing circumstances in which

26         deferrals cease; requiring the property

27         appraiser to notify the tax collector of

28         deferrals that have ceased; requiring the tax

29         collector to collect taxes, assessments and

30         interest due; requiring the tax collector to

31         notify the property owner of due taxes on

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 1         tax-deferred property under certain conditions;

 2         requiring the tax collector to sell a tax

 3         certificate under certain circumstances;

 4         specifying persons who may pay deferred taxes,

 5         assessments and accrued interest; requiring the

 6         tax collector to maintain a record of payment

 7         and to distribute payments; providing for

 8         construction of provisions authorizing the

 9         deferments; providing penalties; amending s.

10         380.06, F.S.; providing that all phase,

11         buildout, and expiration dates for projects

12         that are developments of regional impact and

13         under active construction on a specified date

14         are extended for 3 years; providing an

15         exemption from further

16         development-of-regional-impact review; amending

17         s. 420.504, F.S.; providing that the

18         corporation is a state agency for purposes of

19         the state allocation pool; authorizing the

20         corporation to provide notice of internal

21         review committee meetings by publication on an

22         Internet website; providing that the

23         corporation is not governed by certain

24         provisions relating to corporations not for

25         profit; amending s. 420.506, F.S.; deleting a

26         provision relating to lease of certain state

27         employees; amending s. 420.5061, F.S.; deleting

28         obsolete provisions; removing a provision

29         requiring all assets and liabilities and rights

30         and obligations of the Florida Housing Finance

31         Agency to be transferred to the corporation;

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 1         providing that the corporation is the legal

 2         successor to the agency; removing a provision

 3         requiring all state property in use by the

 4         agency to be transferred to and become the

 5         property of the corporation; amending s.

 6         420.507, F.S.; requiring that an agreement

 7         financing affordable housing be recorded in the

 8         official records of the county where the real

 9         property is located; providing that such

10         agreement is a state land use regulation;

11         amending s. 420.5087, F.S.; authorizing the

12         Florida Housing Finance Corporation to provide

13         partially forgivable loans to nonprofit

14         organizations that serve extremely-low-income

15         elderly tenants; providing criteria; amending

16         s. 420.5095, F.S.; specifying the content of

17         rules for reviewing loan applications for

18         workforce housing projects; requiring the

19         corporation to establish a committee for

20         reviewing loan applications; providing for

21         membership; providing powers and duties of the

22         committee; requiring the corporation's board of

23         directors to make the final decisions

24         concerning ranking and program participants;

25         specifying areas where local governments may

26         use program funds; expanding the types of

27         projects that may receive priority funding;

28         requiring that the processing of certain

29         approvals of development orders or development

30         permits be expedited; providing loan applicant

31         requirements; revising reporting requirements;

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 1         amending s. 420.511, F.S.; requiring that the

 2         corporation's annual report include information

 3         on the Community Workforce Housing Innovation

 4         Pilot Program; amending s. 420.513, F.S.;

 5         providing exemption from taxes for certain

 6         instruments issued in connection with the

 7         financing of certain housing; amending s.

 8         420.526, F.S.; revising the cap on

 9         predevelopment loans; amending s. 420.9076,

10         F.S.; increasing affordable housing advisory

11         committee membership; revising membership

12         criteria; authorizing the use of fewer members

13         under certain circumstances; revising and

14         providing duties of the advisory committee;

15         providing an effective date.

16  

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

18  

19         Section 1.  Paragraph (f) of subsection (6) of section

20  163.3177, Florida Statutes, is amended to read:

21         163.3177  Required and optional elements of

22  comprehensive plan; studies and surveys.--

23         (6)  In addition to the requirements of subsections

24  (1)-(5) and (12), the comprehensive plan shall include the

25  following elements:

26         (f)1.  A housing element consisting of standards,

27  plans, and principles to be followed in:

28         a.  The provision of housing for all current and

29  anticipated future residents of the jurisdiction.

30         b.  The elimination of substandard dwelling conditions.

31  

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 1         c.  The structural and aesthetic improvement of

 2  existing housing.

 3         d.  The provision of adequate sites for future housing,

 4  including affordable workforce housing as defined in s.

 5  380.0651(3)(j), housing for low-income, very low-income, and

 6  moderate-income families, mobile homes, and group home

 7  facilities and foster care facilities, with supporting

 8  infrastructure and public facilities.

 9         e.  Provision for relocation housing and identification

10  of historically significant and other housing for purposes of

11  conservation, rehabilitation, or replacement.

12         f.  The formulation of housing implementation programs.

13         g.  The creation or preservation of affordable housing

14  to minimize the need for additional local services and avoid

15  the concentration of affordable housing units only in specific

16  areas of the jurisdiction.

17         h.  By July 1, 2008, each county in which the gap

18  between the buying power of a family of four and the median

19  county home sale price exceeds $150,000, as determined by the

20  Florida Housing Finance Corporation, and which is not

21  designated as an area of critical state concern shall adopt a

22  plan for ensuring affordable workforce housing, as defined in

23  s. 380.0651(3)(j). At a minimum, the plan shall identify

24  adequate sites for such housing. For purposes of this

25  sub-subparagraph, the term "workforce housing" means housing

26  that is affordable to natural persons or families whose total

27  household income does not exceed 140 percent of the area

28  median income, adjusted for household size.

29         i.  Failure by a local government to comply with the

30  requirement in sub-subparagraph h. will result in the local

31  government being ineligible to receive any state housing

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 1  assistance grants until the requirement of sub-subparagraph h.

 2  is met.

 3  

 4  The goals, objectives, and policies of the housing element

 5  must be based on the data and analysis prepared on housing

 6  needs, including the affordable housing needs assessment.

 7  State and federal housing plans prepared on behalf of the

 8  local government must be consistent with the goals,

 9  objectives, and policies of the housing element.  Local

10  governments are encouraged to utilize job training, job

11  creation, and economic solutions to address a portion of their

12  affordable housing concerns.

13         2.  To assist local governments in housing data

14  collection and analysis and assure uniform and consistent

15  information regarding the state's housing needs, the state

16  land planning agency shall conduct an affordable housing needs

17  assessment for all local jurisdictions on a schedule that

18  coordinates the implementation of the needs assessment with

19  the evaluation and appraisal reports required by s. 163.3191.

20  Each local government shall utilize the data and analysis from

21  the needs assessment as one basis for the housing element of

22  its local comprehensive plan.  The agency shall allow a local

23  government the option to perform its own needs assessment, if

24  it uses the methodology established by the agency by rule.

25         Section 2.  Subsection (19) is added to section

26  163.3184, Florida Statutes, to read:

27         163.3184  Process for adoption of comprehensive plan or

28  plan amendment.--

29         (19)  Any local government that identifies in its

30  comprehensive plan the types of housing developments and

31  conditions for which it will consider plan amendments that are

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 1  consistent with the local housing incentive strategies

 2  identified in s. 420.9076 and authorized by the local

 3  government, may expedite consideration of such plan

 4  amendments. At least 30 days prior to adopting a plan

 5  amendment pursuant to this subsection, the local government

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

 7  adopt such an amendment, and the notice shall include the

 8  local government's evaluation of site suitability and

 9  availability of facilities and services. A plan amendment

10  considered under this subsection shall require only a single

11  public hearing before the local governing body, which shall be

12  a plan amendment adoption hearing as described in subsection

13  (7). The public notice of the hearing required under

14  subparagraph (15)(b)2. must include a statement that the local

15  government intends to use the expedited adoption process

16  authorized under this subsection. The state land planning

17  agency shall issue its notice of intent required under

18  subsection (8) within 30 days after determining that the

19  amendment package is complete. Any further proceedings shall

20  be governed by subsections (9) through (16).

21         Section 3.  Paragraph (p) is added to subsection (1) of

22  section 163.3187, Florida Statutes, to read:

23         163.3187  Amendment of adopted comprehensive plan.--

24         (1)  Amendments to comprehensive plans adopted pursuant

25  to this part may be made not more than two times during any

26  calendar year, except:

27         (p)  Any local government comprehensive plan amendment

28  that is consistent with the local housing incentive strategies

29  identified in s. 420.9076 and authorized by the local

30  government.

31  

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 1         Section 4.  Subsection (14) is added to section

 2  163.3191, Florida Statutes, to read:

 3         163.3191  Evaluation and appraisal of comprehensive

 4  plan.--

 5         (14)  The provision prohibiting a local government from

 6  adopting amendments to its comprehensive plan until the update

 7  amendments to the evaluation and appraisal report have been

 8  adopted and transmitted to the state land planning agency as

 9  set forth in subsection (10) does not apply to a proposed

10  comprehensive plan amendment adopted by a local government in

11  order to integrate a port master plan with the local

12  comprehensive plan pursuant to s. 163.3178(2) if the port

13  master plan and the proposed amendment to the comprehensive

14  plan do not cause or contribute to the local government's

15  failure to comply with the requirements of the evaluation or

16  appraisal report.

17         Section 5.  Sections 197.307, 197.3071, 197.3072,

18  197.3073, 197.3074, 197.3075, 197.3076, 197.3077, 197.3078,

19  and 197.3079, Florida Statutes, are created to read:

20         197.307  Deferrals for ad valorem taxes and non-ad

21  valorem assessments on affordable rental housing property.--

22         (1)  A board of county commissioners or the governing

23  authority of a municipality may adopt an ordinance to allow

24  for ad valorem tax deferrals on affordable rental housing if

25  the owners are engaging in the operation, rehabilitation, or

26  renovation of such properties in accordance with the

27  guidelines provided in part VI of chapter 420.

28         (2)  The board of county commissioners or the governing

29  authority of a municipality may also, by ordinance, authorize

30  the deferral of non-ad valorem assessments, as defined in s.

31  197.3632, on affordable rental housing.

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 1         (3)  The ordinance must designate the percentage or

 2  amount of the deferral and the type and location of affordable

 3  rental housing property for which a deferral may be granted.

 4  The ordinance may also require the property to be located

 5  within a particular geographic area or areas of the county or

 6  municipality.

 7         (4)  The ordinance must specify that the deferral

 8  applies only to taxes and assessments levied by the unit of

 9  government granting the deferral. However, a deferral may not

10  be granted for taxes or non-ad valorem assessments levied for

11  the payment of bonds or for taxes authorized by a vote of the

12  electors pursuant to s. 9(b) or s. 12, Art. VII of the State

13  Constitution.

14         (5)  The ordinance must specify that any deferral

15  granted remains in effect for the period for which it is

16  granted regardless of any change in the authority of the

17  county or municipality to grant the deferral. In order to

18  retain the deferral, however, the use and ownership of the

19  property as affordable rental housing must be maintained over

20  the period for which the deferral is granted.

21         (6)  If an application for tax deferral is granted on

22  property that is located in a community redevelopment area as

23  defined in s. 163.340:

24         (a)  The amount of taxes eligible for deferral must be

25  reduced, as provided for in paragraph (b), if:

26         1.  The community redevelopment agency has previously

27  issued instruments of indebtedness which are secured by

28  increment revenues on deposit in the community redevelopment

29  trust fund; and

30         2.  The instruments of indebtedness are associated with

31  the real property applying for the deferral.

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 1         (b)  The tax deferral does not apply to an amount of

 2  taxes equal to the amount that must be deposited into the

 3  community redevelopment trust fund by the entity granting the

 4  deferral based upon the taxable value of the property upon

 5  which the deferral is being granted. Once all instruments of

 6  indebtedness that existed at the time the deferral was

 7  originally granted are no longer outstanding or have otherwise

 8  been defeased, this paragraph no longer applies.

 9         (c)  If a portion of the taxes on a property are not

10  eligible for deferral as provided under paragraph (b), the

11  community redevelopment agency shall notify the property owner

12  and the tax collector 1 year before the debt instruments that

13  prevented such taxes from being deferred are no longer

14  outstanding or otherwise defeased.

15         (d)  The tax collector shall notify a community

16  redevelopment agency of any tax deferral that has been granted

17  on property located within the agency's community

18  redevelopment area.

19         (e)  Issuance of debt obligation after the date a

20  deferral has been granted does not reduce the amount of taxes

21  eligible for deferral.

22         (7)  The tax collector shall notify:

23         (a)  The taxpayer of each parcel appearing on the real

24  property assessment roll of the law allowing the deferral of

25  taxes, non-ad valorem assessments, and interest under ss.

26  197.307-197.3079. Such notice shall be printed on the back of

27  envelopes used to mail the notice of taxes as provided under

28  s. 197.322(3). Such notice shall read:

29  

30                    NOTICE TO TAXPAYERS OWNING

31                AFFORDABLE RENTAL HOUSING PROPERTY

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 1  

 2         If your property meets certain conditions you

 3         may qualify for a deferred tax payment plan on

 4         your affordable rental housing property.  An

 5         application to determine your eligibility is

 6         available in the county tax collector's office.

 7  

 8         (b)  On or before November 1 of each year, each

 9  taxpayer for whom a tax deferral has been previously granted

10  of the accumulated sum of deferred taxes, non-ad valorem

11  assessments, and interest outstanding.

12         197.3071  Eligibility for tax deferral.--The tax

13  deferral authorized by this section is applicable only on a

14  prorata basis to the ad valorem taxes levied on residential

15  units within a property which meet the following conditions:

16         (1)  Units for which the monthly rent along with taxes,

17  insurance, and utilities does not exceed 30 percent of the

18  median adjusted gross annual income as defined in s. 420.0004

19  for the households described in subsection (2).

20         (2)  Units that are occupied by extremely-low-income

21  persons, very-low-income persons, low-income persons, or

22  moderate-income persons as these terms are defined in s.

23  420.0004.

24         197.3072  Deferral for affordable rental housing

25  properties.--

26         (1)  Any property owner in a jurisdiction that has

27  adopted an ad valorem tax-deferral ordinance or a deferral of

28  non-ad valorem assessments ordinance pursuant to s. 197.307

29  and who owns an eligible affordable rental housing property as

30  described in s. 197.3071 may apply for a deferral of payment

31  by filing an annual application for deferral with the county

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 1  tax collector on or before January 31 following the year in

 2  which the taxes and non-ad valorem assessments are assessed.

 3  The property owner has the burden to affirmatively demonstrate

 4  compliance with the requirements of this section.

 5         (2)  Approval by the tax collector defers that portion

 6  of the combined total of ad valorem taxes and any non-ad

 7  valorem assessments plus interest that are authorized to be

 8  deferred by an ordinance enacted pursuant to s. 197.307.

 9         (3)  Deferral may not be granted if:

10         (a)  The total amount of deferred taxes, non-ad valorem

11  assessments, and interest plus the total amount of all other

12  unsatisfied liens on the property exceeds 85 percent of the

13  assessed value of the property; or

14         (b)  The primary financing on the affordable rental

15  housing property is for an amount that exceeds 70 percent of

16  the assessed value of the property.

17         (4)  The amount of taxes deferred, non-ad valorem

18  assessments, and interest shall accrue interest at a rate

19  equal to the annually compounded rate of 3 percent plus the

20  Consumer Price Index for All Urban Consumers; however, the

21  interest rate may not exceed 9.5 percent.

22         (5)  The deferred taxes, non-ad valorem assessments,

23  and interest constitute a prior lien on the affordable rental

24  housing property and shall attach as of the date and in the

25  same manner and be collected as other liens for taxes as

26  provided for under this chapter, but such deferred taxes,

27  non-ad valorem assessments, and interest are due, payable, and

28  delinquent as provided in ss. 197.307-197.3079.

29         197.3073  Deferral application.--

30         (1)  The application for a deferral of ad valorem taxes

31  and non-ad valorem assessments must be made annually upon a

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 1  form prescribed by the department and furnished by the county

 2  tax collector. The application form must be signed under oath

 3  by the property owner applying for the deferral before an

 4  officer authorized by the state to administer oaths. The

 5  application form must provide notice to the property owner of

 6  the manner in which interest is computed. The application form

 7  must contain an explanation of the conditions to be met for

 8  approval of the deferral and the conditions under which

 9  deferred taxes, non-ad valorem assessments, and interest

10  become due, payable, and delinquent. Each application must

11  clearly state that all deferrals pursuant to this section

12  constitute a lien on the property for which the deferral is

13  granted. The tax collector may require the property owner to

14  submit any other evidence and documentation considered

15  necessary by the tax collector in reviewing the application.

16         (2)  The tax collector shall consider and render his or

17  her findings, determinations, and decision on each annual

18  application for a deferral for affordable rental housing

19  within 45 days after the date the application is filed. The

20  tax collector shall exercise reasonable discretion based upon

21  applicable information available under this section. The

22  determinations and findings of the tax collector are not quasi

23  judicial and are subject exclusively to review by the value

24  adjustment board as provided by this section. A tax collector

25  who finds that a property owner is entitled to the deferral

26  shall approve the application and file the application in the

27  permanent records.

28         (a)  A tax collector who finds that a property owner is

29  not entitled to the deferral shall send a notice of

30  disapproval within 45 days after the date the application is

31  filed, giving reasons for the disapproval. The notice must be

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 1  sent by personal delivery or registered mail to the mailing

 2  address given by the property owner in the manner in which the

 3  original notice was served upon the property owner and must be

 4  filed among the permanent records of the tax collector's

 5  office. The original notice of disapproval sent to the

 6  property owner shall advise the property owner of the right to

 7  appeal the decision of the tax collector to the value

 8  adjustment board and provide the procedures for filing an

 9  appeal.

10         (b)  An appeal by the property owner of the decision of

11  the tax collector to deny the deferral must be submitted to

12  the value adjustment board on a form prescribed by the

13  department and furnished by the tax collector. The appeal must

14  be filed with the value adjustment board within 20 days after

15  the applicant's receipt of the notice of disapproval, and the

16  board must approve or disapprove the appeal within 30 days

17  after receipt of the appeal. The value adjustment board shall

18  review the application and the evidence presented to the tax

19  collector upon which the property owner based a claim for

20  deferral and, at the election of the property owner, shall

21  hear the property owner in person, or by agent on the property

22  owner's behalf, concerning his or her right to the deferral.

23  The value adjustment board shall reverse the decision of the

24  tax collector and grant a deferral to the property owner if,

25  in its judgment, the property owner is entitled to the

26  deferral or shall affirm the decision of the tax collector.

27  Action by the value adjustment board is final unless the

28  property owner or tax collector or other lienholder, within 15

29  days after the date of disapproval of the application by the

30  board, files for a de novo proceeding for a declaratory

31  

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 1  judgment or other appropriate proceeding in the circuit court

 2  of the county in which the property is located.

 3         (3)  Each application for deferral must contain a list

 4  of, and the current value of, all outstanding liens on the

 5  property for which a deferral is requested.

 6         (4)  For approved applications, the date the deferral

 7  application is received by the tax collector shall be the date

 8  used in calculating taxes due and payable at the expiration of

 9  the tax deferral net of discounts for early payment.

10         (5)  If proof has not been furnished with a prior

11  application, each property owner shall furnish proof of fire

12  and extended coverage insurance in an amount that is in excess

13  of the sum of all outstanding liens including a lien for the

14  deferred taxes, non-ad valorem assessments, and interest with

15  a loss payable clause to the county tax collector.

16         (6)  The tax collector shall notify the property

17  appraiser in writing of those parcels for which taxes or

18  assessments have been deferred.

19         (7)  The property appraiser shall promptly notify the

20  tax collector of changes in ownership or use of properties

21  that have been granted a deferral.

22         (8)  The property owner shall promptly notify the tax

23  collector of changes in ownership or use of properties that

24  have been granted tax deferrals.

25         197.3074  Deferred payment tax certificates.--

26         (1)  The tax collector shall notify each local

27  governing body of the amount of taxes and non-ad valorem

28  assessments deferred which would otherwise have been collected

29  for the governing body. The tax collector shall, at the time

30  of the tax certificate sale held under s. 197.432 strike each

31  certificate off to the county. Certificates issued under this

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 1  section are exempt from the public sale of tax certificates

 2  held pursuant to s. 197.432.

 3         (2)  The certificates held by the county shall bear

 4  interest at a rate equal to the annually compounded rate of 3

 5  percent plus the Consumer Price Index for All Urban Consumers;

 6  however, the interest rate may not exceed 9.5 percent.

 7         197.3075  Change in use or ownership of property.--

 8         (1)  If there is a change in use or ownership of the

 9  property that has been granted an ad valorem tax or non-ad

10  valorem assessment deferral such that the property owner is no

11  longer entitled to claim the property as an affordable rental

12  housing property, or if there is a change in the legal or

13  beneficial ownership of the property, or if the owner fails to

14  maintain the required fire and extended insurance coverage,

15  the total amount of deferred taxes, non-ad valorem

16  assessments, and interest for all previous years becomes due

17  and payable November 1 of the year in which the change in use

18  or ownership occurs or on the date failure to maintain

19  insurance occurs, and is delinquent on April 1 of the year

20  following the year in which the change in use or ownership or

21  failure to maintain insurance occurs.

22         (2)  Whenever the property appraiser discovers that

23  there has been a change in the use or ownership of the

24  property that has been granted a deferral, the property

25  appraiser shall notify the tax collector in writing of the

26  date such change occurs, and the tax collector shall collect

27  any taxes, non-ad valorem assessments, and interest due or

28  delinquent.

29         (3)  During any year in which the total amount of

30  deferred taxes, non-ad valorem assessments, interest, and all

31  other unsatisfied liens on the property exceeds 85 percent of

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 1  the assessed value of the property, the tax collector shall

 2  immediately notify the property owner that the portion of

 3  taxes, non-ad valorem assessments, and interest which exceeds

 4  85 percent of the assessed value of the property is due and

 5  payable within 30 days after receipt of the notice. Failure to

 6  pay the amount due shall cause the total amount of deferred

 7  taxes, non-ad valorem assessments, and interest to become

 8  delinquent.

 9         (4)  If on or before June 1 following the date the

10  taxes deferred under this subsection become delinquent, the

11  tax collector shall sell a tax certificate for the delinquent

12  taxes and interest in the manner provided by s. 197.432.

13         197.3076  Prepayment of deferred taxes and non-ad

14  valorem assessments.--

15         (1)  All or part of the deferred taxes, non-ad valorem

16  assessments, and accrued interest may at any time be paid to

17  the tax collector by:

18         (a)  The property owner; or

19         (b)  The property owner's next of kin, heir, child, or

20  any person having or claiming a legal or equitable interest in

21  the property, if an objection is not made by the owner within

22  30 days after the tax collector notifies the property owner of

23  the fact that such payment has been tendered.

24         (2)  Any partial payment made pursuant to this section

25  shall be applied first to accrued interest.

26         197.3077  Distribution of payments.--When any deferred

27  tax, non-ad valorem assessment, or interest is collected, the

28  tax collector shall maintain a record of the payment, setting

29  forth a description of the property and the amount of taxes or

30  interest collected for the property. The tax collector shall

31  distribute payments received in accordance with the procedures

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 1  for distributing ad valorem taxes, non-ad valorem assessments,

 2  or redemption moneys as prescribed in this chapter.

 3         197.3078  Construction.--This section does not prevent

 4  the collection of personal property taxes that become a lien

 5  against tax-deferred property, or defer payment of special

 6  assessments to benefited property other than those

 7  specifically allowed to be deferred, or affect any provision

 8  of any mortgage or other instrument relating to property

 9  requiring a person to pay ad valorem taxes or non-ad valorem

10  assessments.

11         197.3079  Penalties.--

12         (1)  The following penalties shall be imposed on any

13  person who willfully files information required under this

14  section which is incorrect:

15         (a)  The person shall pay the total amount of deferred

16  taxes, non-ad valorem assessments, and interest which shall

17  immediately become due;

18         (b)  The person shall be disqualified from filing a

19  tax-deferral application for the next 3 years; and

20         (c)  The person shall pay a penalty of 25 percent of

21  the total amount of taxes, non-ad valorem assessments, and

22  interest deferred.

23         (2)  Any person against whom penalties have been

24  imposed may appeal to the value adjustment board within 30

25  days after the date the penalties were imposed.

26         Section 6.  Paragraph (c) of subsection (19) of section

27  380.06, Florida Statutes, is amended to read:

28         380.06  Developments of regional impact.--

29         (19)  SUBSTANTIAL DEVIATIONS.--

30         (c)  An extension of the date of buildout of a

31  development, or any phase thereof, by more than 7 years shall

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 1  be presumed to create a substantial deviation subject to

 2  further development-of-regional-impact review. An extension of

 3  the date of buildout, or any phase thereof, of more than 5

 4  years but not more than 7 years shall be presumed not to

 5  create a substantial deviation. The extension of the date of

 6  buildout of an areawide development of regional impact by more

 7  than 5 years but less than 10 years is presumed not to create

 8  a substantial deviation. These presumptions may be rebutted by

 9  clear and convincing evidence at the public hearing held by

10  the local government. An extension of 5 years or less is not a

11  substantial deviation. For the purpose of calculating when a

12  buildout or phase date has been exceeded, the time shall be

13  tolled during the pendency of administrative or judicial

14  proceedings relating to development permits. Any extension of

15  the buildout date of a project or a phase thereof shall

16  automatically extend the commencement date of the project, the

17  termination date of the development order, the expiration date

18  of the development of regional impact, and the phases thereof

19  if applicable by a like period of time. In recognition of the

20  2007 real estate market conditions, all phase, buildout, and

21  expiration dates for projects that are developments of

22  regional impact and under active construction on July 1, 2007,

23  are extended for 3 years regardless of any prior extension.

24  The 3-year extension is not a substantial deviation, is not

25  subject to further development-of-regional-impact review, and

26  must not be considered when determining whether a subsequent

27  extension is a substantial deviation under this subsection.

28         Section 7.  Subsection (2) of section 420.504, Florida

29  Statutes, is amended to read:

30         420.504  Public corporation; creation, membership,

31  terms, expenses.--

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 1         (2)  The corporation is constituted as a public

 2  instrumentality, and the exercise by the corporation of the

 3  power conferred by this act is considered to be the

 4  performance of an essential public function. The corporation

 5  is shall constitute an agency for the purposes of s. 120.52

 6  and is a state agency for purposes of s. 159.807(4). The

 7  corporation is subject to chapter 119, subject to exceptions

 8  applicable to the corporation, and to the provisions of

 9  chapter 286; however, the corporation shall be entitled to

10  provide notice of internal review committee meetings for

11  competitive proposals or procurement to applicants by mail, or

12  facsimile, or publication on an Internet website, rather than

13  by means of publication. The corporation is not governed by

14  chapter 607 or chapter 617, but by the provisions of this

15  part. If for any reason the establishment of the corporation

16  is deemed in violation of law, such provision is severable and

17  the remainder of this act remains in full force and effect.

18         Section 8.  Section 420.506, Florida Statutes, is

19  amended to read:

20         420.506  Executive director; agents and employees.--The

21  appointment and removal of an executive director shall be by

22  the Secretary of Community Affairs, with the advice and

23  consent of the corporation's board of directors. The executive

24  director shall employ legal and technical experts and such

25  other agents and employees, permanent and temporary, as the

26  corporation may require, and shall communicate with and

27  provide information to the Legislature with respect to the

28  corporation's activities. The board is authorized,

29  notwithstanding the provisions of s. 216.262, to develop and

30  implement rules regarding the employment of employees of the

31  corporation and service providers, including legal counsel.

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 1  The corporation is authorized to enter into a lease agreement

 2  with the Department of Management Services or the Department

 3  of Community Affairs for the lease of state employees from

 4  such entities, wherein an employee shall retain his or her

 5  status as a state employee but shall work under the direct

 6  supervision of the corporation, and shall retain the right to

 7  participate in the Florida Retirement System. The board of

 8  directors of the corporation is entitled to establish travel

 9  procedures and guidelines for employees of the corporation.

10  The executive director's office and the corporation's files

11  and records must be located in Leon County.

12         Section 9.  Section 420.5061, Florida Statutes, is

13  amended to read:

14         420.5061  Transfer of agency assets and

15  liabilities.--Effective January 1, 1998, all assets and

16  liabilities and rights and obligations, including any

17  outstanding contractual obligations, of the agency shall be

18  transferred to The corporation is the as legal successor in

19  all respects to the agency, is. the corporation shall

20  thereupon become obligated to the same extent as the agency

21  under any existing agreements existing on December 31, 1997,

22  and is be entitled to any rights and remedies previously

23  afforded the agency by law or contract, including specifically

24  the rights of the agency under chapter 201 and part VI of

25  chapter 159. The corporation is a state agency for purposes of

26  s. 159.807(4)(a). Effective January 1, 1998, all references

27  under Florida law to the agency are deemed to mean the

28  corporation. The corporation shall transfer to the General

29  Revenue Fund an amount which otherwise would have been

30  deducted as a service charge pursuant to s. 215.20(1) if the

31  Florida Housing Finance Corporation Fund established by s.

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 1  420.508(5), the State Apartment Incentive Loan Fund

 2  established by s. 420.5087(7), the Florida Homeownership

 3  Assistance Fund established by s. 420.5088(4), the HOME

 4  Investment Partnership Fund established by s. 420.5089(1), and

 5  the Housing Predevelopment Loan Fund established by s.

 6  420.525(1) were each trust funds. For purposes of s. 112.313,

 7  the corporation is deemed to be a continuation of the agency,

 8  and the provisions thereof are deemed to apply as if the same

 9  entity remained in place. Any employees of the agency and

10  agency board members covered by s. 112.313(9)(a)6. shall

11  continue to be entitled to the exemption in that subparagraph,

12  notwithstanding being hired by the corporation or appointed as

13  board members of the corporation. Effective January 1, 1998,

14  all state property in use by the agency shall be transferred

15  to and become the property of the corporation.

16         Section 10.  Subsection (46) is added to section

17  420.507, Florida Statutes, to read:

18         420.507  Powers of the corporation.--The corporation

19  shall have all the powers necessary or convenient to carry out

20  and effectuate the purposes and provisions of this part,

21  including the following powers which are in addition to all

22  other powers granted by other provisions of this part:

23         (46)  To require, as a condition of financing a

24  multifamily rental project, that an agreement be recorded in

25  the official records of the county where the real property is

26  located, which requires that the project be used for housing

27  defined as affordable in s. 420.0004(3) by persons defined in

28  420.0004(8), (10), (11), and (15). Such an agreement is a

29  state land use regulation that limits the highest and best use

30  of the property within the meaning of s. 193.011(2).

31  

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 1         Section 11.  Subsection (3) of section 420.5087,

 2  Florida Statutes, is amended to read:

 3         420.5087  State Apartment Incentive Loan

 4  Program.--There is hereby created the State Apartment

 5  Incentive Loan Program for the purpose of providing first,

 6  second, or other subordinated mortgage loans or loan

 7  guarantees to sponsors, including for-profit, nonprofit, and

 8  public entities, to provide housing affordable to

 9  very-low-income persons.

10         (3)  During the first 6 months of loan or loan

11  guarantee availability, program funds shall be reserved for

12  use by sponsors who provide the housing set-aside required in

13  subsection (2) for the tenant groups designated in this

14  subsection. The reservation of funds to each of these groups

15  shall be determined using the most recent statewide

16  very-low-income rental housing market study available at the

17  time of publication of each notice of fund availability

18  required by paragraph (6)(b). The reservation of funds within

19  each notice of fund availability to the tenant groups in

20  paragraphs (a), (b), and (d) may not be less than 10 percent

21  of the funds available at that time. Any increase in funding

22  required to reach the 10-percent minimum must shall be taken

23  from the tenant group that has the largest reservation. The

24  reservation of funds within each notice of fund availability

25  to the tenant group in paragraph (c) may not be less than 5

26  percent of the funds available at that time. The tenant groups

27  are:

28         (a)  Commercial fishing workers and farmworkers;

29         (b)  Families;

30         (c)  Persons who are homeless; and

31  

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 1         (d)  Elderly persons. Ten percent of the amount

 2  reserved for the elderly shall be reserved to provide loans to

 3  sponsors of housing for the elderly for the purpose of making

 4  building preservation, health, or sanitation repairs or

 5  improvements which are required by federal, state, or local

 6  regulation or code, or lifesafety or security-related repairs

 7  or improvements to such housing. Such a loan may not exceed

 8  $750,000 per housing community for the elderly. In order to

 9  receive the loan, the sponsor of the housing community must

10  make a commitment to match at least 5 percent of the loan

11  amount to pay the cost of such repair or improvement. The

12  corporation shall establish the rate of interest on the loan,

13  which may not exceed 3 percent, and the term of the loan,

14  which may not exceed 15 years; however, if the lien of the

15  corporation's encumbrance is subordinate to the lien of

16  another mortgagee, then the term may be made coterminous with

17  the longest term of the superior lien. The term of the loan

18  shall be based on established on the basis of a credit

19  analysis of the applicant. The corporation may forgive

20  indebtedness for a share of the loan attributable to the units

21  in a project reserved for extremely-low-income elderly by

22  nonprofit organizations, as defined in s. 420.0004(5), where

23  the project has provided affordable housing to the elderly for

24  15 years or more. The corporation shall establish, by rule,

25  the procedure and criteria for receiving, evaluating, and

26  competitively ranking all applications for loans under this

27  paragraph. A loan application must include evidence of the

28  first mortgagee's having reviewed and approved the sponsor's

29  intent to apply for a loan. A nonprofit organization or

30  sponsor may not use the proceeds of the loan to pay for

31  

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 1  administrative costs, routine maintenance, or new

 2  construction.

 3         Section 12.  Section 420.5095, Florida Statutes, is

 4  amended to read:

 5         420.5095  Community Workforce Housing Innovation Pilot

 6  Program.--

 7         (1)  The Legislature finds and declares that recent

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

 9  cost of rental housing have far outstripped the increases in

10  median income in the state, preventing essential services

11  personnel from living in the communities where they serve and

12  thereby creating the need for innovative solutions for the

13  provision of housing opportunities for essential services

14  personnel.

15         (2)  The Community Workforce Housing Innovation Pilot

16  Program is created to provide affordable rental and home

17  ownership community workforce housing for essential services

18  personnel affected by the high cost of housing, using

19  regulatory incentives and state and local funds to promote

20  local public-private partnerships and leverage government and

21  private resources.

22         (3)  For purposes of this section, the term following

23  definitions apply:

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

25  natural persons or families whose total annual household

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

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

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

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

30  Legislature has declared its intent to provide affordable

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

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 1  state concern for at least 20 consecutive years prior to

 2  removal of the designation.

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

 4  need of affordable housing who are employed in occupations or

 5  professions in which they are considered essential services

 6  personnel, as defined by each county and eligible municipality

 7  within its respective local housing assistance plan pursuant

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

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

10  business entity that includes substantial involvement of at

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

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

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

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

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

16  including a joint venture or contractual agreement.

17         (4)  The Florida Housing Finance Corporation is

18  authorized to provide Community Workforce Housing Innovation

19  Pilot Program loans to an applicant for construction or

20  rehabilitation of workforce housing in eligible areas. The

21  corporation shall establish a funding process and selection

22  criteria by rule or request for proposals. This funding is

23  intended to be used with other public and private sector

24  resources.

25         (5)  The corporation shall establish a loan application

26  process by rule which includes selection criteria, an

27  application review process, and a funding process. The

28  corporation shall also establish an application review

29  committee that may include up to three private citizens

30  representing the areas of housing or real estate development,

31  

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 1  banking, community planning, or other areas related to the

 2  development or financing of workforce and affordable housing.

 3         (a)  The selection criteria and application review

 4  process must include a procedure for curing errors in the loan

 5  applications which do not make a substantial change to the

 6  proposed project.

 7         (b)  To achieve the goals of the pilot program, the

 8  application review committee may approve or reject loan

 9  applications or responses to questions raised during the

10  review of an application due to the insufficiency of

11  information provided.

12         (c)  The application review committee shall make

13  recommendations concerning program participation and funding

14  to the corporation's board of directors.

15         (d)  The board of directors shall approve or reject

16  loan applications, determine the tentative loan amount

17  available to each applicant, and rank all approved

18  applications.

19         (e)  The board of directors shall decide which approved

20  applicants will become program participants and determine the

21  maximum loan amount for each program participant.

22         (6)(5)  The corporation shall provide incentives for

23  local governments in eligible areas to use local affordable

24  housing funds, such as those from the State Housing

25  Initiatives Partnership Program, to assist in meeting the

26  affordable housing needs of persons eligible under this

27  program. Local governments are authorized to use State Housing

28  Initiative Partnership Program funds for persons or families

29  whose total annual household income does not exceed:

30         (a)  One hundred and forty percent of the area median

31  income, adjusted for household size; or

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 1         (b)  One hundred and fifty percent of the area median

 2  income, adjusted for household size, in areas that were

 3  designated as areas of critical state concern for at least 20

 4  consecutive years prior to the removal of the designation and

 5  in areas of critical state concern, designated under s.

 6  380.05, for which the Legislature has declared its intent to

 7  provide affordable housing.

 8         (7)(6)  Funding shall be targeted to innovative

 9  projects in areas where the disparity between the area median

10  income and the median sales price for a single-family home is

11  greatest, and for projects in areas where population growth as

12  a percentage rate of increase is greatest. The corporation may

13  also fund projects in areas where innovative regulatory and

14  financial incentives are made available. The corporation shall

15  fund at least one eligible project in as many counties and

16  regions of the state as is practicable, consistent with

17  program goals as possible.

18         (8)(7)  Projects shall receive priority consideration

19  for funding where:

20         (a)  The local jurisdiction has adopted, or is

21  committed to adopting, adopts appropriate regulatory

22  incentives, local contributions or financial strategies, or

23  other funding sources to promote the development and ongoing

24  financial viability of such projects. Local incentives include

25  such actions as expediting review of development orders and

26  permits, supporting development near transportation hubs and

27  major employment centers, and adopting land development

28  regulations designed to allow flexibility in densities, use of

29  accessory units, mixed-use developments, and flexible lot

30  configurations. Financial strategies include such actions as

31  

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 1  promoting employer-assisted housing programs, providing tax

 2  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; innovative design,

 6  green building principles; storm-resistant construction; or

 7  other elements that reduce long-term costs relating to

 8  maintenance, utilities, or insurance and those that promote

 9  homeownership. The program funding may shall not exceed the

10  costs attributable to the portion of the project that is set

11  aside to provide housing for the targeted population.

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

13  units for workforce housing and at least 50 percent for

14  essential services personnel and for projects that require the

15  least amount of program funding compared to the overall

16  housing costs for the project.

17         (9)(8)  Notwithstanding the provisions of s.

18  163.3184(3)-(6), any local government comprehensive plan

19  amendment to implement a Community Workforce Housing

20  Innovation Pilot Program project found consistent with the

21  provisions of this section shall be expedited as provided in

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

23  amendment under pursuant to this subsection, the local

24  government shall notify the state land planning agency of its

25  intent to adopt such an amendment, and the notice shall

26  include its evaluation related to site suitability and

27  availability of facilities and services. The public notice of

28  the hearing required by s. 163.3184(15)(b)2. s.

29  163.3184(15)(e) shall include a statement that the local

30  government intends to use utilize the expedited adoption

31  process authorized by this subsection. Such amendments shall

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 1  require only a single public hearing before the governing

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

 3  163.3184(7)., and The state land planning agency shall issue

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

 5  after determining that the amendment package is complete. Any

 6  further proceedings shall be governed by ss. 163.3184(9)-(16).

 7  Amendments proposed under this section are not subject to s.

 8  163.3187(1), which limits the adoption of a comprehensive plan

 9  amendment to no more than two times during any calendar year.

10         (10)  The processing of approvals of development orders

11  or development permits, as defined in s. 163.3164(7) and (8),

12  for innovative community workforce housing projects shall be

13  expedited.

14         (11)(9)  The corporation shall award loans with

15  interest rates set at 1 to 3 percent, which may be made

16  forgivable when long-term affordability is provided and when

17  at least 80 percent of the units are set aside for workforce

18  housing and at least 50 percent of the units are set aside for

19  essential services personnel.

20         (12)(10)  All eligible applications shall:

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

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

23  90 80 percent of the median sales price for that type of unit

24  in that county, or the statewide median sales price for that

25  type of unit, whichever is higher, and require that all

26  eligible purchasers of home ownership units occupy the homes

27  as their primary residence.

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

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

30  area median income at the appropriate income level using the

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

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 1  program and, for workforce housing units serving those with

 2  incomes above 120 percent of area median income, restrict

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

 4  30 percent of the maximum household income adjusted to unit

 5  size.

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

 7  partnership in an agreement, contract, partnership agreement,

 8  memorandum of understanding, or other written instrument

 9  signed by all the project partners.

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

11  from the public-private partnership or other sources

12  collectively totaling at least 15 percent of the total

13  development cost. Such grants, donations of land, or

14  contributions must be evidenced by a letter of commitment, an

15  agreement, contract, deed, memorandum of understanding, or

16  other written instrument only at the time of application.

17  Grants, donations of land, or contributions in excess of 15

18  percent of the development cost shall increase the application

19  score.

20         (e)  Demonstrate how the applicant will use the

21  regulatory incentives and financial strategies outlined in

22  subsection (8) paragraph (7)(a) from the local jurisdiction in

23  which the proposed project is to be located. The corporation

24  may consult with the Department of Community Affairs in

25  evaluating the use of regulatory incentives by applicants.

26         (f)  Demonstrate that the applicant possesses title to

27  or site control of land and evidences availability of required

28  infrastructure.

29         (g)  Demonstrate the applicant's affordable housing

30  development and management experience.

31  

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 1         (h)  Provide any research or facts available supporting

 2  the demand and need for rental or home ownership workforce

 3  housing for eligible persons in the market in which the

 4  project is proposed.

 5         (13)(11)  Projects may include manufactured housing

 6  constructed after June 1994 and installed in accordance with

 7  mobile home installation standards of the Department of

 8  Highway Safety and Motor Vehicles.

 9         (14)(12)  The corporation may adopt rules pursuant to

10  ss. 120.536(1) and 120.54 to implement the provisions of this

11  section.

12         (15)(13)  The corporation may use a maximum of 2

13  percent of the annual program appropriation for administration

14  and compliance monitoring.

15         (16)(14)  The corporation shall review the success of

16  the Community Workforce Housing Innovation Pilot Program to

17  ascertain whether the projects financed by the program are

18  useful in meeting the housing needs of eligible areas and

19  shall include its findings in the annual report required under

20  s. 420.511(3). The corporation shall submit its report and any

21  recommendations regarding the program to the Governor, the

22  Speaker of the House of Representatives, and the President of

23  the Senate not later than 2 months after the end of the

24  corporation's fiscal year.

25         Section 13.  Subsection (3) of section 420.511, Florida

26  Statutes, is amended to read:

27         420.511  Business plan; strategic plan; annual

28  report.--

29         (3)(a)  The corporation shall submit to the Governor

30  and the presiding officers of each house of the Legislature,

31  

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 1  within 2 months after the end of its fiscal year, a complete

 2  and detailed report setting forth:

 3         1.(a)  Its operations and accomplishments;

 4         2.(b)  Its receipts and expenditures during its fiscal

 5  year in accordance with the categories or classifications

 6  established by the corporation for its operating and capital

 7  outlay purposes;

 8         3.(c)  Its assets and liabilities at the end of its

 9  fiscal year and the status of reserve, special, or other

10  funds;

11         4.(d)  A schedule of its bonds outstanding at the end

12  of its fiscal year, together with a statement of the principal

13  amounts of bonds issued and redeemed during the fiscal year;

14  and

15         5.(e)  Information relating to the corporation's

16  activities in implementing the provisions of ss. 420.5087, and

17  420.5088, and 420.5095.

18         (b)  The report required by this subsection shall

19  include, but not be limited to:

20         1.  The number of people served, delineated by income,

21  age, family size, and racial characteristics.

22         2.  The number of units produced under each program.

23         3.  The average cost of producing units under each

24  program.

25         4.  The average sales price of single-family units

26  financed under s. 420.5088.

27         5.  The average amount of rent charged based on unit

28  size on units financed under s. 420.5087.

29         6.  The number of persons in rural communities served

30  under each program.

31  

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 1         7.  The number of farmworkers served under each

 2  program.

 3         8.  The number of homeless persons served under each

 4  program.

 5         9.  The number of elderly persons served under each

 6  program.

 7         10.  The extent to which geographic distribution has

 8  been achieved in accordance with the provisions of s.

 9  420.5087.

10         11.  The success of the Community Workforce Housing

11  Innovation Pilot Program in meeting the housing needs of

12  eligible areas.

13         12.11.  Any other information the corporation deems

14  appropriate.

15         Section 14.  Subsection (1) of section 420.513, Florida

16  Statutes, is amended to read:

17         420.513  Exemption from taxes and eligibility as

18  investment.--

19         (1)  The property of the corporation, the transactions

20  and operations thereof, the income therefrom, and the bonds of

21  the corporation issued under this act, together with all

22  notes, mortgages, security agreements, letters of credit, or

23  other instruments that arise out of or are given to secure the

24  repayment of bonds issued in connection with the financing of

25  any housing development under this part, and all notes,

26  mortgages, security agreements, letters of credit, or other

27  instruments that arise out of or are given to secure the

28  repayment of loans issued in connection with the financing of

29  any housing under this part, as well as the interest thereon

30  and income therefrom, regardless of the status of any party

31  thereto as a private party, shall be exempt from taxation by

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 1  the state and its political subdivisions. The exemption

 2  granted by this subsection shall not apply to any tax imposed

 3  by chapter 220 on interest, income, or profits on debt

 4  obligations owned by corporations.

 5         Section 15.  Subsection (7) of section 420.526, Florida

 6  Statutes, is amended to read:

 7         420.526  Predevelopment Loan Program; loans and grants

 8  authorized; activities eligible for support.--

 9         (7)  No predevelopment loan made under this section

10  shall exceed the lesser of:

11         (a)  The development and acquisition costs for the

12  project, as determined by rule of the corporation; or

13         (b)  Seven hundred and fifty Five hundred thousand

14  dollars.

15         Section 16.  Subsections (2), (4), (5), and (6) of

16  section 420.9076, Florida Statutes, are amended, and

17  subsections (8) and (9) are added to that section, to read:

18         420.9076  Adoption of affordable housing incentive

19  strategies; committees.--

20         (2)  The governing board of a county or municipality

21  shall appoint the members of the affordable housing advisory

22  committee by resolution. Pursuant to the terms of any

23  interlocal agreement, a county and municipality may create and

24  jointly appoint an advisory committee to prepare a joint plan.

25  The ordinance adopted pursuant to s. 420.9072 which creates

26  the advisory committee or the resolution appointing the

27  advisory committee members must provide for eleven nine

28  committee members and their terms. The committee must include:

29         (a)  One citizen who is actively engaged in the

30  residential home building industry in connection with

31  affordable housing.

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 1         (b)  One citizen who is actively engaged in the banking

 2  or mortgage banking industry in connection with affordable

 3  housing.

 4         (c)  One citizen who is a representative of those areas

 5  of labor actively engaged in home building in connection with

 6  affordable housing.

 7         (d)  One citizen who is actively engaged as an advocate

 8  for low-income persons in connection with affordable housing.

 9         (e)  One citizen who is actively engaged as a

10  for-profit provider of affordable housing.

11         (f)  One citizen who is actively engaged as a

12  not-for-profit provider of affordable housing.

13         (g)  One citizen who is actively engaged as a real

14  estate professional in connection with affordable housing.

15         (h)  One citizen who actively serves on the local

16  planning agency pursuant to s. 163.3174.

17         (i)  One citizen who resides within the jurisdiction of

18  the local governing body making the appointments.

19         (j)  One citizen who represents employers within the

20  jurisdiction.

21         (k)  One citizen who represents essential services

22  personnel, as defined in the local housing assistance plan.

23  

24  If a county or eligible municipality whether due to its small

25  size, the presence of a conflict of interest by prospective

26  appointees, or other reasonable factor, is unable to appoint a

27  citizen actively engaged in these activities in connection

28  with affordable housing, a citizen engaged in the activity

29  without regard to affordable housing may be appointed. Local

30  governments that receive the minimum allocation under the

31  State Housing Initiatives Partnership Program may elect to

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 1  appoint an affordable housing advisory committee with fewer

 2  than eleven representatives if they are unable to find

 3  representatives that meet the criteria of paragraphs (a)-(k).

 4         (4)  Triennially, the advisory committee shall review

 5  the established policies and procedures, ordinances, land

 6  development regulations, and adopted local government

 7  comprehensive plan of the appointing local government and

 8  shall recommend specific actions or initiatives to encourage

 9  or facilitate affordable housing while protecting the ability

10  of the property to appreciate in value. The Such

11  recommendations may include the modification or repeal of

12  existing policies, procedures, ordinances, regulations, or

13  plan provisions; the creation of exceptions applicable to

14  affordable housing; or the adoption of new policies,

15  procedures, regulations, ordinances, or plan provisions,

16  including recommendations to amend the local government

17  comprehensive plan and corresponding regulations, ordinances,

18  and other policies. At a minimum, each advisory committee

19  shall submit a report to the local governing body that

20  includes make recommendations on, and triennially thereafter

21  evaluates the implementation of, affordable housing incentives

22  in the following areas:

23         (a)  The processing of approvals of development orders

24  or permits, as defined in s. 163.3164(7) and (8), for

25  affordable housing projects is expedited to a greater degree

26  than other projects.

27         (b)  The modification of impact-fee requirements,

28  including reduction or waiver of fees and alternative methods

29  of fee payment for affordable housing.

30         (c)  The allowance of flexibility in densities

31  increased density levels for affordable housing.

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 1         (d)  The reservation of infrastructure capacity for

 2  housing for very-low-income persons, and low-income persons,

 3  and moderate-income persons.

 4         (e)  The allowance of affordable accessory residential

 5  units in residential zoning districts.

 6         (f)  The reduction of parking and setback requirements

 7  for affordable housing.

 8         (g)  The allowance of flexible lot configurations,

 9  including zero-lot-line configurations for affordable housing.

10         (h)  The modification of street requirements for

11  affordable housing.

12         (i)  The establishment of a process by which a local

13  government considers, before adoption, policies, procedures,

14  ordinances, regulations, or plan provisions that increase the

15  cost of housing.

16         (j)  The preparation of a printed inventory of locally

17  owned public lands suitable for affordable housing.

18         (k)  The support of development near transportation

19  hubs and major employment centers and mixed-use developments.

20  

21  The advisory committee recommendations may must also include

22  other affordable housing incentives identified by the advisory

23  committee. Local governments that receive the minimum

24  allocation under the State Housing Initiatives Partnership

25  Program shall perform the initial review, but may elect to not

26  perform the triennial review.

27         (5)  The approval by the advisory committee of its

28  local housing incentive strategies recommendations and its

29  review of local government implementation of previously

30  recommended strategies must be made by affirmative vote of a

31  majority of the membership of the advisory committee taken at

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 1  a public hearing. Notice of the time, date, and place of the

 2  public hearing of the advisory committee to adopt final local

 3  housing incentive strategies recommendations must be published

 4  in a newspaper of general paid circulation in the county. The

 5  Such notice must contain a short and concise summary of the

 6  local housing incentives strategies recommendations to be

 7  considered by the advisory committee. The notice must state

 8  the public place where a copy of the tentative advisory

 9  committee recommendations can be obtained by interested

10  persons.

11         (6)  Within 90 days after the date of receipt of the

12  local housing incentive strategies recommendations from the

13  advisory committee, the governing body of the appointing local

14  government shall adopt an amendment to its local housing

15  assistance plan to incorporate the local housing incentive

16  strategies it will implement within its jurisdiction. The

17  amendment must include, at a minimum, the local housing

18  incentive strategies required under s. 420.9071(16). The local

19  government must consider the strategies specified in

20  paragraphs (4)(a)-(k) as recommended by the advisory committee

21  (4)(a)-(j).

22         (8)  The advisory committee may perform other duties at

23  the request of the local government, including:

24         (a)  The provision of mentoring services to affordable

25  housing partners including developers, banking institutions,

26  employers, and others to identify available incentives, assist

27  with applications for funding requests, and develop

28  partnerships between various parties.

29         (b)  The creation of best practices for the development

30  of affordable housing in the community.

31  

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 1         (9)  The advisory committee shall be cooperatively

 2  staffed by the local government department or division having

 3  authority to administer local planning or housing programs to

 4  ensure an integrated approach to the work of the advisory

 5  committee.

 6         Section 17.  This act shall take effect July 1, 2007.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                      CS/CS Senate Bill 780

10                                 

11  The committee substitute continues existing statutory language
    regarding the Service Charge to General Revenue assessment on
12  certain Florida Housing Finance Corporation programs and
    allows a local government to adopt amendments to the local
13  comprehensive plan in order to integrate a port master plan
    with the local comprehensive plan.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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