| 1 | A bill to be entitled |
| 2 | An act relating to affordable housing; amending s. |
| 3 | 420.5061, F.S.; removing a provision requiring the Florida |
| 4 | Housing Finance Corporation to transfer certain funds to |
| 5 | the General Revenue Fund; amending s. 420.9071, F.S.; |
| 6 | revising definitions; amending s. 420.9072, F.S.; |
| 7 | conforming a cross-reference; amending s. 420.9073, F.S.; |
| 8 | revising the frequency with which local housing |
| 9 | distributions are to be made by the corporation; revising |
| 10 | calculations used to determine the guaranteed distribution |
| 11 | amounts; authorizing the corporation to withhold funds |
| 12 | from the total distribution annually for specified |
| 13 | purposes; requiring counties and eligible municipalities |
| 14 | that receive local housing distributions to expend those |
| 15 | funds in a specified manner; amending s. 420.9075, F.S.; |
| 16 | requiring local housing assistance plans to include |
| 17 | persons with disabilities; authorizing certain high-cost |
| 18 | areas to include strategies to assist persons and |
| 19 | households whose annual incomes are not more than 140 |
| 20 | percent of area median income; requiring local housing |
| 21 | assistance plans to describe specified initiatives; |
| 22 | extending the expiration date for an exemption of certain |
| 23 | counties and municipalities that provide affordable |
| 24 | housing from certain tenant-income requirements; |
| 25 | authorizing counties and eligible municipalities to award |
| 26 | funds as a grant for certain purposes; increasing the |
| 27 | threshold amount used to determine which counties and |
| 28 | municipalities may use up to 10 percent of program income |
| 29 | for administrative costs; requiring the corporation to |
| 30 | provide training for certain purposes; revising reporting |
| 31 | requirements for counties and eligible municipalities; |
| 32 | conforming cross-references; providing that the |
| 33 | corporation shall require expended funds for an ineligible |
| 34 | activity to be repaid into the local housing assistance |
| 35 | trust fund; prohibiting repayment from being made with |
| 36 | certain funds; amending s. 420.9076, F.S.; revising |
| 37 | membership criteria for affordable housing advisory |
| 38 | committees; revising notice requirements for public |
| 39 | hearings of the advisory committee; requiring the |
| 40 | committee's final report, evaluation, and recommendations |
| 41 | to be submitted to the corporation; conforming a cross- |
| 42 | reference; repealing s. 420.9078, F.S., relating to state |
| 43 | administration of remaining local housing distribution |
| 44 | funds; providing an effective date. |
| 45 |
|
| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
|
| 48 | Section 1. Section 420.5061, Florida Statutes, is amended |
| 49 | to read: |
| 50 | 420.5061 Transfer of agency assets and liabilities.--The |
| 51 | corporation is the legal successor in all respects to the |
| 52 | agency, is obligated to the same extent as the agency under any |
| 53 | agreements existing on December 31, 1997, and is entitled to any |
| 54 | rights and remedies previously afforded the agency by law or |
| 55 | contract, including specifically the rights of the agency under |
| 56 | chapter 201 and part VI of chapter 159. Effective January 1, |
| 57 | 1998, all references under Florida law to the agency are deemed |
| 58 | to mean the corporation. The corporation shall transfer to the |
| 59 | General Revenue Fund an amount which otherwise would have been |
| 60 | deducted as a service charge pursuant to s. 215.20(1) if the |
| 61 | Florida Housing Finance Corporation Fund established by s. |
| 62 | 420.508(5), the State Apartment Incentive Loan Fund established |
| 63 | by s. 420.5087(7), the Florida Homeownership Assistance Fund |
| 64 | established by s. 420.5088(4), the HOME Investment Partnership |
| 65 | Fund established by s. 420.5089(1), and the Housing |
| 66 | Predevelopment Loan Fund established by s. 420.525(1) were each |
| 67 | trust funds. For purposes of s. 112.313, the corporation is |
| 68 | deemed to be a continuation of the agency, and the provisions |
| 69 | thereof are deemed to apply as if the same entity remained in |
| 70 | place. Any employees of the agency and agency board members |
| 71 | covered by s. 112.313(9)(a)6. shall continue to be entitled to |
| 72 | the exemption in that subparagraph, notwithstanding being hired |
| 73 | by the corporation or appointed as board members of the |
| 74 | corporation. |
| 75 | Section 2. Subsections (4), (8), (16), and (25) of section |
| 76 | 420.9071, Florida Statutes, are amended to read: |
| 77 | 420.9071 Definitions.--As used in ss. 420.907-420.9079, |
| 78 | the term: |
| 79 | (4) "Annual gross income" means annual income as defined |
| 80 | under the Section 8 housing assistance payments programs in 24 |
| 81 | C.F.R. part 5; annual income as reported under the census long |
| 82 | form for the recent available decennial census; or adjusted |
| 83 | gross income as defined for purposes of reporting under Internal |
| 84 | Revenue Service Form 1040 for individual federal annual income |
| 85 | tax purposes; or other methods of verifying income provided by |
| 86 | rule of the corporation. Counties and eligible municipalities |
| 87 | shall calculate income by annualizing verified sources of income |
| 88 | for the household as the amount of income to be received in a |
| 89 | household during the 12 months following the effective date of |
| 90 | the determination. |
| 91 | (8) "Eligible housing" means any real and personal |
| 92 | property located within the county or the eligible municipality |
| 93 | which is designed and intended for the primary purpose of |
| 94 | providing decent, safe, and sanitary residential units that are |
| 95 | designed to meet the standards of the Florida Building Code |
| 96 | adopted under chapter 553, or manufactured housing constructed |
| 97 | after June 1994 and installed in accordance with mobile home |
| 98 | installation standards of the Department of Highway Safety and |
| 99 | Motor Vehicles, for home ownership or rental for eligible |
| 100 | persons as designated by each county or eligible municipality |
| 101 | participating in the State Housing Initiatives Partnership |
| 102 | Program. |
| 103 | (16) "Local housing incentive strategies" means local |
| 104 | regulatory reform or incentive programs to encourage or |
| 105 | facilitate affordable housing production, which include at a |
| 106 | minimum, assurance that permits as defined in s. 163.3164(7) and |
| 107 | (8) for affordable housing projects are expedited to a greater |
| 108 | degree than other projects; an ongoing process for review of |
| 109 | local policies, ordinances, regulations, and plan provisions |
| 110 | that increase the cost of housing prior to their adoption; and a |
| 111 | schedule for implementing the incentive strategies. Local |
| 112 | housing incentive strategies may also include other regulatory |
| 113 | reforms, such as those enumerated in s. 420.9076 or those |
| 114 | recommended by the affordable housing advisory committee in its |
| 115 | triennial evaluation and adopted by the local governing body. |
| 116 | (25) "Recaptured funds" means funds that are recouped by a |
| 117 | county or eligible municipality in accordance with the recapture |
| 118 | provisions of its local housing assistance plan pursuant to s. |
| 119 | 420.9075(5)(g) from eligible persons or eligible sponsors, which |
| 120 | funds were not used for assistance to an eligible household for |
| 121 | an eligible activity, when there is a who default on the terms |
| 122 | of a grant award or loan award. |
| 123 | Section 3. Subsection (6) of section 420.9072, Florida |
| 124 | Statutes, is amended to read: |
| 125 | 420.9072 State Housing Initiatives Partnership |
| 126 | Program.--The State Housing Initiatives Partnership Program is |
| 127 | created for the purpose of providing funds to counties and |
| 128 | eligible municipalities as an incentive for the creation of |
| 129 | local housing partnerships, to expand production of and preserve |
| 130 | affordable housing, to further the housing element of the local |
| 131 | government comprehensive plan specific to affordable housing, |
| 132 | and to increase housing-related employment. |
| 133 | (6) The moneys that otherwise would be distributed |
| 134 | pursuant to s. 420.9073 to a local government that does not meet |
| 135 | the program's requirements for receipts of such distributions |
| 136 | shall remain in the Local Government Housing Trust Fund to be |
| 137 | administered by the corporation pursuant to s. 420.9078. |
| 138 | Section 4. Section 420.9073, Florida Statutes, is amended |
| 139 | to read: |
| 140 | 420.9073 Local housing distributions.-- |
| 141 | (1) Distributions calculated in this section shall be |
| 142 | disbursed on a quarterly or more frequent monthly basis by the |
| 143 | corporation beginning the first day of the month after program |
| 144 | approval pursuant to s. 420.9072, subject to availability of |
| 145 | funds. Each county's share of the funds to be distributed from |
| 146 | the portion of the funds in the Local Government Housing Trust |
| 147 | Fund received pursuant to s. 201.15(9) shall be calculated by |
| 148 | the corporation for each fiscal year as follows: |
| 149 | (a) Each county other than a county that has implemented |
| 150 | the provisions of chapter 83-220, Laws of Florida, as amended by |
| 151 | chapters 84-270, 86-152, and 89-252, Laws of Florida, shall |
| 152 | receive the guaranteed amount for each fiscal year. |
| 153 | (b) Each county other than a county that has implemented |
| 154 | the provisions of chapter 83-220, Laws of Florida, as amended by |
| 155 | chapters 84-270, 86-152, and 89-252, Laws of Florida, may |
| 156 | receive an additional share calculated as follows: |
| 157 | 1. Multiply each county's percentage of the total state |
| 158 | population excluding the population of any county that has |
| 159 | implemented the provisions of chapter 83-220, Laws of Florida, |
| 160 | as amended by chapters 84-270, 86-152, and 89-252, Laws of |
| 161 | Florida, by the total funds to be distributed. |
| 162 | 2. If the result in subparagraph 1. is less than the |
| 163 | guaranteed amount as determined in subsection (3), that county's |
| 164 | additional share shall be zero. |
| 165 | 3. For each county in which the result in subparagraph 1. |
| 166 | is greater than the guaranteed amount as determined in |
| 167 | subsection (3), the amount calculated in subparagraph 1. shall |
| 168 | be reduced by the guaranteed amount. The result for each such |
| 169 | county shall be expressed as a percentage of the amounts so |
| 170 | determined for all counties. Each such county shall receive an |
| 171 | additional share equal to such percentage multiplied by the |
| 172 | total funds received by the Local Government Housing Trust Fund |
| 173 | pursuant to s. 201.15(9) reduced by the guaranteed amount paid |
| 174 | to all counties. |
| 175 | (2) Effective July 1, 1995, Distributions calculated in |
| 176 | this section shall be disbursed on a quarterly or more frequent |
| 177 | monthly basis by the corporation beginning the first day of the |
| 178 | month after program approval pursuant to s. 420.9072, subject to |
| 179 | availability of funds. Each county's share of the funds to be |
| 180 | distributed from the portion of the funds in the Local |
| 181 | Government Housing Trust Fund received pursuant to s. 201.15(10) |
| 182 | shall be calculated by the corporation for each fiscal year as |
| 183 | follows: |
| 184 | (a) Each county shall receive the guaranteed amount for |
| 185 | each fiscal year. |
| 186 | (b) Each county may receive an additional share calculated |
| 187 | as follows: |
| 188 | 1. Multiply each county's percentage of the total state |
| 189 | population, by the total funds to be distributed. |
| 190 | 2. If the result in subparagraph 1. is less than the |
| 191 | guaranteed amount as determined in subsection (3), that county's |
| 192 | additional share shall be zero. |
| 193 | 3. For each county in which the result in subparagraph 1. |
| 194 | is greater than the guaranteed amount, the amount calculated in |
| 195 | subparagraph 1. shall be reduced by the guaranteed amount. The |
| 196 | result for each such county shall be expressed as a percentage |
| 197 | of the amounts so determined for all counties. Each such county |
| 198 | shall receive an additional share equal to this percentage |
| 199 | multiplied by the total funds received by the Local Government |
| 200 | Housing Trust Fund pursuant to s. 201.15(10) as reduced by the |
| 201 | guaranteed amount paid to all counties. |
| 202 | (3) Calculation of guaranteed amounts: |
| 203 | (a) The guaranteed amount under subsection (1) shall be |
| 204 | calculated for each state fiscal year by multiplying $500,000 |
| 205 | $350,000 by a fraction, the numerator of which is the amount of |
| 206 | funds distributed to the Local Government Housing Trust Fund |
| 207 | pursuant to s. 201.15(9) and the denominator of which is the |
| 208 | total amount of funds distributed to the Local Government |
| 209 | Housing Trust Fund pursuant to s. 201.15. |
| 210 | (b) The guaranteed amount under subsection (2) shall be |
| 211 | calculated for each state fiscal year by multiplying $500,000 |
| 212 | $350,000 by a fraction, the numerator of which is the amount of |
| 213 | funds distributed to the Local Government Housing Trust Fund |
| 214 | pursuant to s. 201.15(10) and the denominator of which is the |
| 215 | total amount of funds distributed to the Local Government |
| 216 | Housing Trust Fund pursuant to s. 201.15. |
| 217 | (4) Funds distributed pursuant to this section may not be |
| 218 | pledged to pay debt service on any bonds. |
| 219 | (5) Notwithstanding subsections (1)-(4), the corporation |
| 220 | is authorized to withhold up to $5 million from the total |
| 221 | distribution each fiscal year to provide additional funding to |
| 222 | counties and eligible municipalities in which a state of |
| 223 | emergency has been declared by the Governor pursuant to chapter |
| 224 | 252. Any portion of such funds not distributed under this |
| 225 | subsection by the end of the fiscal year shall be distributed as |
| 226 | provided in this section. |
| 227 | (6) Notwithstanding subsections (1)-(4), the corporation |
| 228 | is authorized to withhold up to $5 million from the total |
| 229 | distribution each fiscal year to provide funding to counties and |
| 230 | eligible municipalities to purchase properties subject to a |
| 231 | State Housing Initiative Partnership Program lien and on which |
| 232 | foreclosure proceedings have been initiated by any mortgagee. |
| 233 | Each county and eligible municipality that receives funds under |
| 234 | this subsection shall repay such funds to the corporation not |
| 235 | later than the expenditure deadline for the fiscal year in which |
| 236 | the funds were awarded. Amounts not repaid shall be withheld |
| 237 | from the subsequent year's distribution. Any portion of such |
| 238 | funds not distributed under this subsection by the end of the |
| 239 | fiscal year shall be distributed as provided in this section. |
| 240 | (7) A county or eligible municipality that receives local |
| 241 | housing distributions pursuant to this section shall expend |
| 242 | those funds in accordance with the provisions of ss. 420.907- |
| 243 | 420.9079, corporation rule, and its local housing assistance |
| 244 | plan. |
| 245 | Section 5. Paragraph (a) of subsection (1), paragraph (d) |
| 246 | of subsection (5), subsections (7) and (8), paragraphs (a) and |
| 247 | (h) of subsection (10), and paragraph (b) of subsection (13) of |
| 248 | section 420.9075, Florida Statutes, are amended, paragraph (d) |
| 249 | is added to subsection (3), paragraph (l) is added to subsection |
| 250 | (5), and subsection (14) is added to that section, to read: |
| 251 | 420.9075 Local housing assistance plans; partnerships.-- |
| 252 | (1)(a) Each county or eligible municipality participating |
| 253 | in the State Housing Initiatives Partnership Program shall |
| 254 | develop and implement a local housing assistance plan created to |
| 255 | make affordable residential units available to persons of very |
| 256 | low income, low income, or moderate income and to persons who |
| 257 | have special housing needs, including, but not limited to, |
| 258 | homeless people, the elderly, and migrant farmworkers, and |
| 259 | persons with disabilities. High-cost counties, as defined by |
| 260 | corporation rule, and eligible municipalities within such |
| 261 | counties, may include strategies to assist persons and |
| 262 | households whose annual incomes are not more than 140 percent of |
| 263 | area median income. The plans are intended to increase the |
| 264 | availability of affordable residential units by combining local |
| 265 | resources and cost-saving measures into a local housing |
| 266 | partnership and using private and public funds to reduce the |
| 267 | cost of housing. |
| 268 | (3) |
| 269 | (d) Each county and each eligible municipality shall |
| 270 | describe initiatives in the local housing assistance plan that |
| 271 | encourage or require innovative design, green building |
| 272 | principles, storm-resistant construction, or other elements that |
| 273 | reduce long-term costs relating to maintenance, utilities, or |
| 274 | insurance. |
| 275 | (5) The following criteria apply to awards made to |
| 276 | eligible sponsors or eligible persons for the purpose of |
| 277 | providing eligible housing: |
| 278 | (d)1. All units constructed, rehabilitated, or otherwise |
| 279 | assisted with the funds provided from the local housing |
| 280 | assistance trust fund must be occupied by very-low-income |
| 281 | persons, low-income persons, and moderate-income persons, except |
| 282 | as otherwise provided in this section. |
| 283 | 2. At least 30 percent of the funds deposited into the |
| 284 | local housing assistance trust fund must be reserved for awards |
| 285 | to very-low-income persons or eligible sponsors who will serve |
| 286 | very-low-income persons and at least an additional 30 percent of |
| 287 | the funds deposited into the local housing assistance trust fund |
| 288 | must be reserved for awards to low-income persons or eligible |
| 289 | sponsors who will serve low-income persons. This subparagraph |
| 290 | does not apply to a county or an eligible municipality that |
| 291 | includes, or has included within the previous 5 years, an area |
| 292 | of critical state concern designated or ratified by the |
| 293 | Legislature for which the Legislature has declared its intent to |
| 294 | provide affordable housing. The exemption created by this |
| 295 | subparagraph act expires on July 1, 2013 2008. |
| 296 | (l) Each county and eligible municipality may award funds |
| 297 | as a grant for construction, rehabilitation, or repair as part |
| 298 | of disaster recovery or emergency repairs or to remedy |
| 299 | accessibility or health and safety deficiencies. Any other |
| 300 | grants must be approved as part of the local housing assistance |
| 301 | plan. |
| 302 |
|
| 303 | If both an award under the local housing assistance plan and |
| 304 | federal low-income housing tax credits are used to assist a |
| 305 | project and there is a conflict between the criteria prescribed |
| 306 | in this subsection and the requirements of s. 42 of the Internal |
| 307 | Revenue Code of 1986, as amended, the county or eligible |
| 308 | municipality may resolve the conflict by giving precedence to |
| 309 | the requirements of s. 42 of the Internal Revenue Code of 1986, |
| 310 | as amended, in lieu of following the criteria prescribed in this |
| 311 | subsection with the exception of paragraphs (a) and (d) of this |
| 312 | subsection. |
| 313 | (7) The moneys deposited in the local housing assistance |
| 314 | trust fund shall be used to administer and implement the local |
| 315 | housing assistance plan. The cost of administering the plan may |
| 316 | not exceed 5 percent of the local housing distribution moneys |
| 317 | and program income deposited into the trust fund. A county or an |
| 318 | eligible municipality may not exceed the 5-percent limitation on |
| 319 | administrative costs, unless its governing body finds, by |
| 320 | resolution, that 5 percent of the local housing distribution |
| 321 | plus 5 percent of program income is insufficient to adequately |
| 322 | pay the necessary costs of administering the local housing |
| 323 | assistance plan. The cost of administering the program may not |
| 324 | exceed 10 percent of the local housing distribution plus 5 |
| 325 | percent of program income deposited into the trust fund, except |
| 326 | that small counties, as defined in s. 120.52(17), and eligible |
| 327 | municipalities receiving a local housing distribution of up to |
| 328 | $500,000 $350,000 may use up to 10 percent of program income for |
| 329 | administrative costs. |
| 330 | (8) Pursuant to s. 420.531, the corporation shall provide |
| 331 | training and technical assistance to local governments regarding |
| 332 | the creation of partnerships, the design of local housing |
| 333 | assistance strategies, the implementation of local housing |
| 334 | incentive strategies, and the provision of support services. |
| 335 | (10) Each county or eligible municipality shall submit to |
| 336 | the corporation by September 15 of each year a report of its |
| 337 | affordable housing programs and accomplishments through June 30 |
| 338 | immediately preceding submittal of the report. The report shall |
| 339 | be certified as accurate and complete by the local government's |
| 340 | chief elected official or his or her designee. Transmittal of |
| 341 | the annual report by a county's or eligible municipality's chief |
| 342 | elected official, or his or her designee, certifies that the |
| 343 | local housing incentive strategies, or, if applicable, the local |
| 344 | housing incentive plan, have been implemented or are in the |
| 345 | process of being implemented pursuant to the adopted schedule |
| 346 | for implementation. The report must include, but is not limited |
| 347 | to: |
| 348 | (a) The number of households served by income category, |
| 349 | age, family size, and race, and data regarding any special needs |
| 350 | populations such as farmworkers, homeless persons, and the |
| 351 | elderly, and persons with disabilities. Counties shall report |
| 352 | this information separately for households served in the |
| 353 | unincorporated area and each municipality within the county. |
| 354 | (h) Such other data or affordable housing accomplishments |
| 355 | considered significant by the reporting county or eligible |
| 356 | municipality or the corporation. |
| 357 | (13) |
| 358 | (b) If, as a result of its review of the annual report, |
| 359 | the corporation determines that a county or eligible |
| 360 | municipality has failed to implement a local housing incentive |
| 361 | strategy, or, if applicable, a local housing incentive plan, it |
| 362 | shall send a notice of termination of the local government's |
| 363 | share of the local housing distribution by certified mail to the |
| 364 | affected county or eligible municipality. |
| 365 | 1. The notice must specify a date of termination of the |
| 366 | funding if the affected county or eligible municipality does not |
| 367 | implement the plan or strategy and provide for a local response. |
| 368 | A county or eligible municipality shall respond to the |
| 369 | corporation within 30 days after receipt of the notice of |
| 370 | termination. |
| 371 | 2. The corporation shall consider the local response that |
| 372 | extenuating circumstances precluded implementation and grant an |
| 373 | extension to the timeframe for implementation. Such an extension |
| 374 | shall be made in the form of an extension agreement that |
| 375 | provides a timeframe for implementation. The chief elected |
| 376 | official of a county or eligible municipality or his or her |
| 377 | designee shall have the authority to enter into the agreement on |
| 378 | behalf of the local government. |
| 379 | 3. If the county or the eligible municipality has not |
| 380 | implemented the incentive strategy or entered into an extension |
| 381 | agreement by the termination date specified in the notice, the |
| 382 | local housing distribution share terminates, and any uncommitted |
| 383 | local housing distribution funds held by the affected county or |
| 384 | eligible municipality in its local housing assistance trust fund |
| 385 | shall be transferred to the Local Government Housing Trust Fund |
| 386 | to the credit of the corporation to administer pursuant to s. |
| 387 | 420.9078. |
| 388 | 4.a. If the affected local government fails to meet the |
| 389 | timeframes specified in the agreement, the corporation shall |
| 390 | terminate funds. The corporation shall send a notice of |
| 391 | termination of the local government's share of the local housing |
| 392 | distribution by certified mail to the affected local government. |
| 393 | The notice shall specify the termination date, and any |
| 394 | uncommitted funds held by the affected local government shall be |
| 395 | transferred to the Local Government Housing Trust Fund to the |
| 396 | credit of the corporation to administer pursuant to s. 420.9078. |
| 397 | b. If the corporation terminates funds to a county, but an |
| 398 | eligible municipality receiving a local housing distribution |
| 399 | pursuant to an interlocal agreement maintains compliance with |
| 400 | program requirements, the corporation shall thereafter |
| 401 | distribute directly to the participating eligible municipality |
| 402 | its share calculated in the manner provided in s. 420.9072. |
| 403 | c. Any county or eligible municipality whose local |
| 404 | distribution share has been terminated may subsequently elect to |
| 405 | receive directly its local distribution share by adopting the |
| 406 | ordinance, resolution, and local housing assistance plan in the |
| 407 | manner and according to the procedures provided in ss. 420.907- |
| 408 | 420.9079. |
| 409 | (14) If the corporation determines that a county or |
| 410 | eligible municipality has expended program funds for an |
| 411 | ineligible activity, the corporation shall require such funds to |
| 412 | be repaid to the local housing assistance trust fund. Such |
| 413 | repayment shall not be made from State Housing Initiative |
| 414 | Partnership Program funds. |
| 415 | Section 6. Paragraph (h) of subsection (2), subsections |
| 416 | (5) and (6), and paragraph (a) of subsection (7) of section |
| 417 | 420.9076, Florida Statutes, are amended to read: |
| 418 | 420.9076 Adoption of affordable housing incentive |
| 419 | strategies; committees.-- |
| 420 | (2) The governing board of a county or municipality shall |
| 421 | appoint the members of the affordable housing advisory committee |
| 422 | by resolution. Pursuant to the terms of any interlocal |
| 423 | agreement, a county and municipality may create and jointly |
| 424 | appoint an advisory committee to prepare a joint plan. The |
| 425 | ordinance adopted pursuant to s. 420.9072 which creates the |
| 426 | advisory committee or the resolution appointing the advisory |
| 427 | committee members must provide for 11 committee members and |
| 428 | their terms. The committee must include: |
| 429 | (h) One citizen who actively serves on the local planning |
| 430 | agency pursuant to s. 163.3174. When the local planning agency |
| 431 | is comprised of the governing board of the county or |
| 432 | municipality, the governing board may appoint a designee who is |
| 433 | knowledgeable in the local planning process. |
| 434 |
|
| 435 | If a county or eligible municipality whether due to its small |
| 436 | size, the presence of a conflict of interest by prospective |
| 437 | appointees, or other reasonable factor, is unable to appoint a |
| 438 | citizen actively engaged in these activities in connection with |
| 439 | affordable housing, a citizen engaged in the activity without |
| 440 | regard to affordable housing may be appointed. Local governments |
| 441 | that receive the minimum allocation under the State Housing |
| 442 | Initiatives Partnership Program may elect to appoint an |
| 443 | affordable housing advisory committee with fewer than 11 |
| 444 | representatives if they are unable to find representatives who |
| 445 | meet the criteria of paragraphs (a)-(k). |
| 446 | (5) The approval by the advisory committee of its local |
| 447 | housing incentive strategies recommendations and its review of |
| 448 | local government implementation of previously recommended |
| 449 | strategies must be made by affirmative vote of a majority of the |
| 450 | membership of the advisory committee taken at a public hearing. |
| 451 | Notice of the time, date, and place of the public hearing of the |
| 452 | advisory committee to adopt its evaluation and final local |
| 453 | housing incentive strategies recommendations must be published |
| 454 | in a newspaper of general paid circulation in the county. The |
| 455 | notice must contain a short and concise summary of the |
| 456 | evaluation and local housing incentives strategies |
| 457 | recommendations to be considered by the advisory committee. The |
| 458 | notice must state the public place where a copy of the tentative |
| 459 | advisory committee recommendations can be obtained by interested |
| 460 | persons. The final report, evaluation, and recommendations shall |
| 461 | be submitted to the corporation. |
| 462 | (6) Within 90 days after the date of receipt of the |
| 463 | evaluation and local housing incentive strategies |
| 464 | recommendations from the advisory committee, the governing body |
| 465 | of the appointing local government shall adopt an amendment to |
| 466 | its local housing assistance plan to incorporate the local |
| 467 | housing incentive strategies it will implement within its |
| 468 | jurisdiction. The amendment must include, at a minimum, the |
| 469 | local housing incentive strategies required under s. |
| 470 | 420.9071(16). The local government must consider the strategies |
| 471 | specified in paragraphs (4)(a)-(k) as recommended by the |
| 472 | advisory committee. |
| 473 | (7) The governing board of the county or the eligible |
| 474 | municipality shall notify the corporation by certified mail of |
| 475 | its adoption of an amendment of its local housing assistance |
| 476 | plan to incorporate local housing incentive strategies. The |
| 477 | notice must include a copy of the approved amended plan. |
| 478 | (a) If the corporation fails to receive timely the |
| 479 | approved amended local housing assistance plan to incorporate |
| 480 | local housing incentive strategies, a notice of termination of |
| 481 | its share of the local housing distribution shall be sent by |
| 482 | certified mail by the corporation to the affected county or |
| 483 | eligible municipality. The notice of termination must specify a |
| 484 | date of termination of the funding if the affected county or |
| 485 | eligible municipality has not adopted an amended local housing |
| 486 | assistance plan to incorporate local housing incentive |
| 487 | strategies. If the county or the eligible municipality has not |
| 488 | adopted an amended local housing assistance plan to incorporate |
| 489 | local housing incentive strategies by the termination date |
| 490 | specified in the notice of termination, the local distribution |
| 491 | share terminates; and any uncommitted local distribution funds |
| 492 | held by the affected county or eligible municipality in its |
| 493 | local housing assistance trust fund shall be transferred to the |
| 494 | Local Government Housing Trust Fund to the credit of the |
| 495 | corporation to administer the local government housing program |
| 496 | pursuant to s. 420.9078. |
| 497 | Section 7. Section 420.9078, Florida Statutes, is |
| 498 | repealed. |
| 499 | Section 8. This act shall take effect July 1, 2008. |