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. |