CS/CS/HB 699

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	125.0104, F.S.; allowing certain counties to use certain
4	tax revenues for workforce, affordable, and employee
5	housing; amending s. 159.807, F.S.; deleting a provision
6	exempting the Florida Housing Finance Corporation from the
7	applicability of certain uses of the state allocation
8	pool; amending s. 196.196, F.S.; providing additional
9	criteria for determining whether certain affordable
10	housing property owned by certain exempt organizations is
11	entitled to an exemption from ad valorem taxation;
12	providing a definition; amending s. 196.1978, F.S.;
13	providing that property owned by certain nonprofit
14	entities or Florida-based limited partnerships and used or
15	held for the purpose of providing affordable housing to
16	certain income-qualified persons is exempt from ad valorem
17	taxation; revising legislative intent; subjecting
18	organizations owning certain property to ad valorem
19	taxation under certain circumstances; providing for tax
20	liens; providing for penalties and interest; providing an
21	exception; providing notice requirements; amending s.
22	212.055, F.S.; redefining the term "infrastructure" to
23	allow the proceeds of a local government infrastructure
24	surtax to be used to purchase land for certain purposes
25	relating to construction of affordable housing; amending
26	s. 420.503, F.S.; defining the term "moderate
27	rehabilitation" for purposes of the Florida Housing
28	Finance Corporation Act; amending s. 420.5061, F.S.;
29	removing a provision requiring the Florida Housing Finance
30	Corporation to transfer certain funds to the General
31	Revenue Fund; amending s. 420.507, F.S.; providing the
32	corporation with certain powers relating to developing and
33	administering a grant program; amending s. 420.5087, F.S.;
34	revising purposes for which state apartment incentive
35	loans may be used; amending s. 420.5095, F.S.; providing
36	for the disbursement of certain Community Workforce
37	Housing Innovation Pilot Program funds that were awarded
38	but have been declined or returned; amending s. 420.615,
39	F.S.; revising provisions relating to comprehensive plan
40	amendments; authorizing certain persons to challenge the
41	compliance of an amendment; creating s. 420.628, F.S.;
42	providing legislative findings and intent; requiring
43	certain governmental entities to develop and implement
44	strategies and procedures designed to increase affordable
45	housing opportunities for young adults who are leaving the
46	child welfare system; amending s. 420.9071, F.S.; revising
47	and providing definitions; amending s. 420.9072, F.S.;
48	conforming a cross-reference; amending s. 420.9073, F.S.;
49	revising the frequency with which local housing
50	distributions are to be made by the corporation;
51	authorizing the corporation to withhold funds from the
52	total distribution annually for specified purposes;
53	requiring counties and eligible municipalities that
54	receive local housing distributions to expend those funds
55	in a specified manner; amending s. 420.9075, F.S.;
56	requiring that local housing assistance plans address the
57	special housing needs of persons with disabilities;
58	authorizing the corporation to define high-cost counties
59	and eligible municipalities by rule; authorizing high-cost
60	counties and certain municipalities to assist persons and
61	households meeting specific income requirements; revising
62	requirements to be included in the local housing
63	assistance plan; requiring counties and certain
64	municipalities to include certain initiatives and
65	strategies in the local housing assistance plan; revising
66	criteria that applies to awards made for the purpose of
67	providing eligible housing; authorizing and limiting the
68	percentage of funds from the local housing distribution
69	that may be used for manufactured housing; extending the
70	expiration date of an exemption from certain income
71	requirements in specified areas; authorizing the use of
72	certain funds for preconstruction activities; providing
73	that certain costs are a program expense; authorizing
74	counties and certain municipalities to award grant funds
75	under certain conditions; providing for the repayment of
76	funds by the local housing assistance trust fund; amending
77	s. 420.9076, F.S.; revising appointments to a local
78	affordable housing advisory committee; revising notice
79	requirements for public hearings of the advisory
80	committee; requiring the committee's final report,
81	evaluation, and recommendations to be submitted to the
82	corporation; deleting cross-references to conform to
83	changes made by the act; repealing s. 420.9078, F.S.,
84	relating to state administration of funds remaining in the
85	Local Government Housing Trust Fund; amending s. 420.9079,
86	F.S.; conforming cross-references; amending s. 1001.43,
87	F.S.; revising district school board powers and duties in
88	relation to use of land for affordable housing in certain
89	areas for certain personnel; providing an effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Paragraph (m) of subsection (3) of section
94	125.0104, Florida Statutes, is amended to read:
95	125.0104  Tourist development tax; procedure for levying;
96	authorized uses; referendum; enforcement.--
97	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
98	(m)1.  In addition to any other tax which is imposed
99	pursuant to this section, a high tourism impact county may
100	impose an additional 1-percent tax on the exercise of the
101	privilege described in paragraph (a) by extraordinary vote of
102	the governing board of the county. The tax revenues received
103	pursuant to this paragraph shall be used for one or more of the
104	authorized uses pursuant to subsection (5). In addition, any
105	high tourism impact county that is designated as an area of
106	critical state concern pursuant to chapter 380 may also utilize
107	revenues received pursuant to this paragraph for affordable or
108	workforce housing as defined in chapter 420, or for affordable,
109	workforce, or employee housing as defined in any adopted
110	comprehensive plan, land development regulation, or local
111	housing assistance plan. Such authority for the use of revenues
112	for workforce, affordable, or employee housing shall extend for
113	10 years after the date of any de-designation of a location as
114	an area of critical state concern, or for the period of time
115	required under any bond or other financing issued in accordance
116	with or based upon the authority granted pursuant to the
117	provisions of this section. Revenues derived pursuant to this
118	paragraph shall be bondable in accordance with other laws
119	regarding revenue bonding. Should a high tourism impact county
120	designated as an area of critical state concern enact the tax
121	specified in this paragraph, the revenue generated shall be
122	distributed among incorporated and unincorporated areas based on
123	the location of the living quarters or accommodations that are
124	leased or rented. However, nothing in this paragraph shall
125	preclude an interlocal agreement between local governments for
126	the use of funds received pursuant to this paragraph in a manner
127	that addresses the provision of affordable and workforce housing
128	opportunities on a regional basis or in accordance with a
129	multijurisdictional housing strategy, program, or policy.
130	2.  A county is considered to be a high tourism impact
131	county after the Department of Revenue has certified to such
132	county that the sales subject to the tax levied pursuant to this
133	section exceeded $600 million during the previous calendar year,
134	or were at least 18 percent of the county's total taxable sales
135	under chapter 212 where the sales subject to the tax levied
136	pursuant to this section were a minimum of $200 million, except
137	that no county authorized to levy a convention development tax
138	pursuant to s. 212.0305 shall be considered a high tourism
139	impact county. Once a county qualifies as a high tourism impact
140	county, it shall retain this designation for the period the tax
141	is levied pursuant to this paragraph.
142	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
143	to the adoption of the additional tax authorized in this
144	paragraph. The effective date of the levy and imposition of the
145	tax authorized under this paragraph shall be the first day of
146	the second month following approval of the ordinance by the
147	governing board or the first day of any subsequent month as may
148	be specified in the ordinance. A certified copy of such
149	ordinance shall be furnished by the county to the Department of
150	Revenue within 10 days after approval of such ordinance.
151	Section 2.  Subsection (4) of section 159.807, Florida
152	Statutes, is amended to read:
153	159.807  State allocation pool.--
154	(4)(a)  The state allocation pool shall also be used to
155	provide written confirmations for private activity bonds that
156	are to be issued by state agencies after June 1, which bonds,
157	notwithstanding any other provisions of this part, shall receive
158	priority in the use of the pool available at the time the notice
159	of intent to issue such bonds is filed with the division.
160	(b)  This subsection does not apply to the Florida Housing
161	Finance Corporation:
162	1.  Until its allocation pursuant to s. 159.804(3) has been
163	exhausted, is unavailable, or is inadequate to provide an
164	allocation pursuant to s. 159.804(3) and any carryforwards of
165	volume limitation from prior years for the same carryforward
166	purpose, as that term is defined in s. 146 of the Code, as the
167	bonds it intends to issue have been completely utilized or have
168	expired.
169	2.  Prior to July 1 of any year, when housing bonds for
170	which the Florida Housing Finance Corporation has made an
171	assignment of its allocation permitted by s. 159.804(3)(c) have
172	not been issued.
173	Section 3.  Subsection (5) is added to section 196.196,
174	Florida Statutes, to read:
175	196.196  Determining whether property is entitled to
176	charitable, religious, scientific, or literary exemption.--
177	(5)  Property owned by an exempt organization qualified as
178	charitable under s. 501(c)(3) of the Internal Revenue Code is
179	used for a charitable purpose if the organization has taken
180	affirmative steps to prepare the property to provide affordable
181	housing to persons or families that meet the extremely-low-
182	income, very-low-income, low-income, or moderate-income limits,
183	as specified in s. 420.0004. The term "affirmative steps" means
184	environmental or land use permitting activities, creation of
185	architectural plans or schematic drawings, land clearing or site
186	preparation, construction or renovation activities, or other
187	similar activities that demonstrate a commitment of the property
188	to providing affordable housing.
189	Section 4.  Section 196.1978, Florida Statutes, is amended
190	to read:
191	196.1978  Affordable housing property exemption.--
192	(1)  Property used to provide affordable housing serving
193	eligible persons as defined by s. 159.603(7) and natural persons
194	or families meeting the extremely-low-income, very-low-income,
195	low-income, or moderate-income persons meeting income limits
196	specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),
197	which property is owned entirely by a nonprofit entity that is a
198	corporation not for profit, qualified as charitable under s.
199	501(c)(3) of the Internal Revenue Code and in compliance with
200	Rev. Proc. 96-32, 1996-1 C.B. 717, or a Florida-based limited
201	partnership, the sole general partner of which is a corporation
202	not for profit which is qualified as charitable under s.
203	501(c)(3) of the Internal Revenue Code and which complies with
204	Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
205	owned by an exempt entity and used for a charitable purpose, and
206	those portions of the affordable housing property which provide
207	housing to natural persons or families classified as extremely
208	low income, very low income, low income, or moderate income
209	under s. 420.0004 individuals with incomes as defined in s.
210	420.0004(10) and (15) shall be exempt from ad valorem taxation
211	to the extent authorized in s. 196.196. All property identified
212	in this section shall comply with the criteria for determination
213	of exempt status to be applied by property appraisers on an
214	annual basis as defined in s. 196.195. The Legislature intends
215	that any property owned by a limited liability company or
216	limited partnership which is disregarded as an entity for
217	federal income tax purposes pursuant to Treasury Regulation
218	301.7701-3(b)(1)(ii) shall be treated as owned by its sole
219	member or sole general partner.
220	(2)  If property owned by an organization granted an
221	exemption under s. 196.196(5) is transferred for a purpose other
222	than directly providing affordable homeownership or rental
223	housing to persons or families who meet the extremely-low-
224	income, very-low-income, low-income, or moderate-income limits,
225	as specified in s. 420.0004, or is not in actual use to provide
226	such affordable housing within 5 years after the date the
227	organization is granted the exemption, the property appraiser
228	making such determination shall serve upon the organization that
229	illegally or improperly received the exemption a notice of
230	intent to record in the public records of the county a notice of
231	tax lien against any property owned by that organization in the
232	county, and such property shall be identified in the notice of
233	tax lien. The organization owning such property is subject to
234	the taxes otherwise due and owing as a result of the failure to
235	use the property to provide affordable housing plus 15 percent
236	interest per annum and a penalty of 50 percent of the taxes
237	owed. Such lien, when filed, attaches to any property identified
238	in the notice of tax lien owned by the organization that
239	illegally or improperly received the exemption. If such
240	organization no longer owns property in the county but owns
241	property in any other county in the state, the property
242	appraiser shall record in each such other county a notice of tax
243	lien identifying the property owned by such organization in such
244	county which shall become a lien against the identified
245	property. If an exemption is improperly granted as a result of a
246	clerical mistake or an omission by the property appraiser, the
247	organization improperly receiving the exemption shall not be
248	assessed penalty and interest. Before any such lien may be
249	filed, the organization so notified must be given 30 days to pay
250	the taxes, penalties, and interest. The 5-year limitation
251	specified in this subsection may be extended provided the holder
252	of the exemption continues to take affirmative steps to develop
253	the property for the purposes specified in this subsection.
254	Section 5.  Paragraph (d) of subsection (2) of section
255	212.055, Florida Statutes, is amended to read:
256	212.055  Discretionary sales surtaxes; legislative intent;
257	authorization and use of proceeds.--It is the legislative intent
258	that any authorization for imposition of a discretionary sales
259	surtax shall be published in the Florida Statutes as a
260	subsection of this section, irrespective of the duration of the
261	levy. Each enactment shall specify the types of counties
262	authorized to levy; the rate or rates which may be imposed; the
263	maximum length of time the surtax may be imposed, if any; the
264	procedure which must be followed to secure voter approval, if
265	required; the purpose for which the proceeds may be expended;
266	and such other requirements as the Legislature may provide.
267	Taxable transactions and administrative procedures shall be as
268	provided in s. 212.054.
269	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
270	(d)1.  The proceeds of the surtax authorized by this
271	subsection and any accrued interest accrued thereto shall be
272	expended by the school district, or within the county and
273	municipalities within the county, or, in the case of a
274	negotiated joint county agreement, within another county, to
275	finance, plan, and construct infrastructure; and to acquire land
276	for public recreation, or conservation, or protection of natural
277	resources; or and to finance the closure of county-owned or
278	municipally owned solid waste landfills that have been are
279	already closed or are required to be closed close by order of
280	the Department of Environmental Protection. Any use of the such
281	proceeds or interest for purposes of landfill closure before
282	prior to July 1, 1993, is ratified. Neither The proceeds and nor
283	any interest may not accrued thereto shall be used for the
284	operational expenses of any infrastructure, except that a any
285	county that has with a population of fewer less than 75,000 and
286	that is required to close a landfill by order of the Department
287	of Environmental Protection may use the proceeds or any interest
288	accrued thereto for long-term maintenance costs associated with
289	landfill closure. Counties, as defined in s. 125.011 s.
290	125.011(1), and charter counties may, in addition, use the
291	proceeds or and any interest accrued thereto to retire or
292	service indebtedness incurred for bonds issued before prior to
293	July 1, 1987, for infrastructure purposes, and for bonds
294	subsequently issued to refund such bonds. Any use of the such
295	proceeds or interest for purposes of retiring or servicing
296	indebtedness incurred for such refunding bonds before prior to
297	July 1, 1999, is ratified.
298	1.2.  For the purposes of this paragraph, the term
299	"infrastructure" means:
300	a.  Any fixed capital expenditure or fixed capital outlay
301	associated with the construction, reconstruction, or improvement
302	of public facilities that have a life expectancy of 5 or more
303	years and any related land acquisition, land improvement,
304	design, and engineering costs related thereto.
305	b.  A fire department vehicle, an emergency medical service
306	vehicle, a sheriff's office vehicle, a police department
307	vehicle, or any other vehicle, and the such equipment necessary
308	to outfit the vehicle for its official use or equipment that has
309	a life expectancy of at least 5 years.
310	c.  Any expenditure for the construction, lease, or
311	maintenance of, or provision of utilities or security for,
312	facilities, as defined in s. 29.008.
313	d.  Any fixed capital expenditure or fixed capital outlay
314	associated with the improvement of private facilities that have
315	a life expectancy of 5 or more years and that the owner agrees
316	to make available for use on a temporary basis as needed by a
317	local government as a public emergency shelter or a staging area
318	for emergency response equipment during an emergency officially
319	declared by the state or by the local government under s.
320	252.38. Such improvements under this sub-subparagraph are
321	limited to those necessary to comply with current standards for
322	public emergency evacuation shelters. The owner must shall enter
323	into a written contract with the local government providing the
324	improvement funding to make the such private facility available
325	to the public for purposes of emergency shelter at no cost to
326	the local government for a minimum period of 10 years after
327	completion of the improvement, with the provision that the such
328	obligation will transfer to any subsequent owner until the end
329	of the minimum period.
330	e.  Any land expenditure acquisition for a residential
331	housing project in which at least 30 percent of the units are
332	affordable to individuals or families whose total annual
333	household income does not exceed 120 percent of the area median
334	income adjusted for household size, if the land is owned by a
335	local government or by a special district that enters into a
336	written agreement with the local government to provide such
337	housing. The local government or special district may enter into
338	a ground lease with a public or private person or entity for
339	nominal or other consideration for the construction of the
340	residential housing project on land acquired pursuant to this
341	sub-subparagraph.
342	2.3.  Notwithstanding any other provision of this
343	subsection, a local government infrastructure discretionary
344	sales surtax imposed or extended after July 1, 1998, the
345	effective date of this act may allocate up to provide for an
346	amount not to exceed 15 percent of the local option sales surtax
347	proceeds to be allocated for deposit in to a trust fund within
348	the county's accounts created for the purpose of funding
349	economic development projects having of a general public purpose
350	of improving targeted to improve local economies, including the
351	funding of operational costs and incentives related to such
352	economic development. The ballot statement must indicate the
353	intention to make an allocation under the authority of this
354	subparagraph.
355	Section 6.  Present subsections (25) through (41) of
356	section 420.503, Florida Statutes, are redesignated as
357	subsections (26) through (42), respectively, and a new
358	subsection (25) is added to that section to read:
359	420.503  Definitions.--As used in this part, the term:
360	(25)  "Moderate rehabilitation" means repair or restoration
361	of a dwelling unit when the value of such repair or restoration
362	is 40 percent or less of the value of the dwelling but not less
363	than $10,000 per dwelling unit.
364	Section 7.  Section 420.5061, Florida Statutes, is amended
365	to read:
366	420.5061  Transfer of agency assets and liabilities.--The
367	corporation is the legal successor in all respects to the
368	agency, is obligated to the same extent as the agency under any
369	agreements existing on December 31, 1997, and is entitled to any
370	rights and remedies previously afforded the agency by law or
371	contract, including specifically the rights of the agency under
372	chapter 201 and part VI of chapter 159. Effective January 1,
373	1998, all references under Florida law to the agency are deemed
374	to mean the corporation. The corporation shall transfer to the
375	General Revenue Fund an amount which otherwise would have been
376	deducted as a service charge pursuant to s. 215.20(1) if the
377	Florida Housing Finance Corporation Fund established by s.
378	420.508(5), the State Apartment Incentive Loan Fund established
379	by s. 420.5087(7), the Florida Homeownership Assistance Fund
380	established by s. 420.5088(4), the HOME Investment Partnership
381	Fund established by s. 420.5089(1), and the Housing
382	Predevelopment Loan Fund established by s. 420.525(1) were each
383	trust funds. For purposes of s. 112.313, the corporation is
384	deemed to be a continuation of the agency, and the provisions
385	thereof are deemed to apply as if the same entity remained in
386	place. Any employees of the agency and agency board members
387	covered by s. 112.313(9)(a)6. shall continue to be entitled to
388	the exemption in that subparagraph, notwithstanding being hired
389	by the corporation or appointed as board members of the
390	corporation.
391	Section 8.  Subsection (47) is added to section 420.507,
392	Florida Statutes, to read:
393	420.507  Powers of the corporation.--The corporation shall
394	have all the powers necessary or convenient to carry out and
395	effectuate the purposes and provisions of this part, including
396	the following powers which are in addition to all other powers
397	granted by other provisions of this part:
398	(47)  To develop and administer the Florida Public Housing
399	Authority Preservation Grant Program. In developing and
400	administering the program, the corporation may:
401	(a)  Develop criteria for determining the priority for
402	expending grants to preserve and rehabilitate 30-year and older
403	buildings and units under public housing authority control as
404	defined in chapter 421.
405	(b)  Adopt rules for the grant program and exercise the
406	powers authorized in this section.
407	Section 9.  Paragraphs (c) and (l) of subsection (6) of
408	section 420.5087, Florida Statutes, are amended to read:
409	420.5087  State Apartment Incentive Loan Program.--There is
410	hereby created the State Apartment Incentive Loan Program for
411	the purpose of providing first, second, or other subordinated
412	mortgage loans or loan guarantees to sponsors, including for-
413	profit, nonprofit, and public entities, to provide housing
414	affordable to very-low-income persons.
415	(6)  On all state apartment incentive loans, except loans
416	made to housing communities for the elderly to provide for
417	lifesafety, building preservation, health, sanitation, or
418	security-related repairs or improvements, the following
419	provisions shall apply:
420	(c)  The corporation shall provide by rule for the
421	establishment of a review committee composed of the department
422	and corporation staff and shall establish by rule a scoring
423	system for evaluation and competitive ranking of applications
424	submitted in this program, including, but not limited to, the
425	following criteria:
426	1.  Tenant income and demographic targeting objectives of
427	the corporation.
428	2.  Targeting objectives of the corporation which will
429	ensure an equitable distribution of loans between rural and
430	urban areas.
431	3.  Sponsor's agreement to reserve the units for persons or
432	families who have incomes below 50 percent of the state or local
433	median income, whichever is higher, for a time period to exceed
434	the minimum required by federal law or the provisions of this
435	part.
436	4.  Sponsor's agreement to reserve more than:
437	a.  Twenty percent of the units in the project for persons
438	or families who have incomes that do not exceed 50 percent of
439	the state or local median income, whichever is higher; or
440	b.  Forty percent of the units in the project for persons
441	or families who have incomes that do not exceed 60 percent of
442	the state or local median income, whichever is higher, without
443	requiring a greater amount of the loans as provided in this
444	section.
445	5.  Provision for tenant counseling.
446	6.  Sponsor's agreement to accept rental assistance
447	certificates or vouchers as payment for rent.
448	7.  Projects requiring the least amount of a state
449	apartment incentive loan compared to overall project cost except
450	that the share of the loan attributable to units serving
451	extremely-low-income persons shall be excluded from this
452	requirement.
453	8.  Local government contributions and local government
454	comprehensive planning and activities that promote affordable
455	housing.
456	9.  Project feasibility.
457	10.  Economic viability of the project.
458	11.  Commitment of first mortgage financing.
459	12.  Sponsor's prior experience.
460	13.  Sponsor's ability to proceed with construction.
461	14.  Projects that directly implement or assist welfare-to-
462	work transitioning.
463	15.  Projects that reserve units for extremely-low-income
464	persons.
465	16.  Projects that include green building principles,
466	storm-resistant construction, or other elements that reduce
467	long-term costs relating to maintenance, utilities, or
468	insurance.
469	(l)  The proceeds of all loans shall be used for new
470	construction, moderate rehabilitation, or substantial
471	rehabilitation which creates or preserves affordable, safe, and
472	sanitary housing units.
473	Section 10.  Subsection (17) is added to section 420.5095,
474	Florida Statutes, to read:
475	420.5095  Community Workforce Housing Innovation Pilot
476	Program.--
477	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
478	of Florida, that were awarded but have been declined or returned
479	shall be made available for projects that otherwise comply with
480	the provisions of this section and that are created to provide
481	workforce housing for teachers and instructional personnel
482	employed by the school district in the county in which the
483	project is located.
484	(b)  Projects shall be given priority for funding when the
485	school district provides the property for the project pursuant
486	to s. 1001.43.
487	(c)  Projects shall be given priority for funding when the
488	public-private partnership includes the school district and a
489	national nonprofit organization to provide financial support,
490	technical assistance, and training for community-based
491	revitalization efforts.
492	(d)  Projects in counties which had a project selected for
493	funding that declined or returned funds shall be given priority
494	for funding.
495	(e)  Projects shall be selected for funding by requests for
496	proposals.
497	Section 11.  Subsection (5) of section 420.615, Florida
498	Statutes, is amended to read:
499	420.615  Affordable housing land donation density bonus
500	incentives.--
501	(5)  The local government, as part of the approval process,
502	shall adopt a comprehensive plan amendment, pursuant to part II
503	of chapter 163, for the receiving land that incorporates the
504	density bonus. Such amendment shall be deemed by operation of
505	law a small scale amendment, shall be subject only to the
506	requirements of adopted in the manner as required for small-
507	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
508	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
509	is exempt from s. 163.3187(1)(c)1. and the limitation on the
510	frequency of plan amendments as provided in s. 163.3187. An
511	affected person, as defined in s. 163.3184(1), may file a
512	petition for administrative review pursuant to the requirements
513	of s. 163.3187(3) to challenge the compliance of an adopted plan
514	amendment.
515	Section 12.  Section 420.628, Florida Statutes, is created
516	to read:
517	420.628  Affordable housing for children and young adults
518	leaving foster care; legislative findings and intent.--
519	(1)  The Legislature finds that there are many young adults
520	who, through no fault of their own, live in foster families,
521	group homes, and institutions and who face numerous barriers to
522	a successful transition to adulthood.
523	(2)  These youth in foster care are among those who may
524	enter adulthood without the knowledge, skills, attitudes,
525	habits, and relationships that will enable them to be productive
526	members of society.
527	(3)  The main barriers to safe and affordable housing for
528	youth aging out of the foster care system are cost, lack of
529	availability, the unwillingness of many landlords to rent to
530	them, and their own lack of knowledge about how to be good
531	tenants.
532	(4)  The Legislature also finds that young adults who
533	emancipate from the child welfare system are at risk of becoming
534	homeless and those who were formerly in foster care are
535	disproportionately represented in the homeless population.
536	Without the stability of safe housing, all other services,
537	training, and opportunities may not be effective.
538	(5)  The Legislature further finds that making affordable
539	housing available for young adults who transition from foster
540	care decreases their chance of homelessness and may increase
541	their ability to live independently in the future.
542	(6)  The Legislature affirms that young adults
543	transitioning out of foster care are to be considered eligible
544	persons, as defined in ss. 420.503(17) and 420.9071(10), for
545	affordable housing purposes and shall be encouraged to
546	participate in state, federal, and local affordable housing
547	programs.
548	(7)  It is therefore the intent of the Legislature to
549	encourage the Florida Housing Finance Corporation, State Housing
550	Initiative Partnership Program agencies, local housing finance
551	agencies, public housing authorities and their agents,
552	developers, and other providers of affordable housing to make
553	affordable housing available to youth transitioning out of
554	foster care whenever and wherever possible.
555	(8)  The Florida Housing Finance Corporation, State Housing
556	Initiative Partnership Program agencies, local housing finance
557	agencies, and public housing authorities shall coordinate with
558	the Department of Children and Family Services and their agents
559	and community-based care providers who are operating pursuant to
560	s. 409.1671 to develop and implement strategies and procedures
561	designed to increase affordable housing opportunities for young
562	adults who are leaving the child welfare system.
563	Section 13.  Subsections (4), (8), (16), and (25) of
564	section 420.9071, Florida Statutes, are amended, and subsections
565	(29) and (30) are added to that section, to read:
566	420.9071  Definitions.--As used in ss. 420.907-420.9079,
567	the term:
568	(4)  "Annual gross income" means annual income as defined
569	under the Section 8 housing assistance payments programs in 24
570	C.F.R. part 5; annual income as reported under the census long
571	form for the recent available decennial census; or adjusted
572	gross income as defined for purposes of reporting under Internal
573	Revenue Service Form 1040 for individual federal annual income
574	tax purposes or as defined by standard practices used in the
575	lending industry as detailed in the local housing assistance
576	plan and approved by the corporation. Counties and eligible
577	municipalities shall calculate income by annualizing verified
578	sources of income for the household as the amount of income to
579	be received in a household during the 12 months following the
580	effective date of the determination.
581	(8)  "Eligible housing" means any real and personal
582	property located within the county or the eligible municipality
583	which is designed and intended for the primary purpose of
584	providing decent, safe, and sanitary residential units that are
585	designed to meet the standards of the Florida Building Code or a
586	predecessor building code adopted under chapter 553, or
587	manufactured housing constructed after June 1994 and installed
588	in accordance with mobile home installation standards of the
589	Department of Highway Safety and Motor Vehicles, for home
590	ownership or rental for eligible persons as designated by each
591	county or eligible municipality participating in the State
592	Housing Initiatives Partnership Program.
593	(16)  "Local housing incentive strategies" means local
594	regulatory reform or incentive programs to encourage or
595	facilitate affordable housing production, which include at a
596	minimum, assurance that permits as defined in s. 163.3164(7) and
597	(8) for affordable housing projects are expedited to a greater
598	degree than other projects; an ongoing process for review of
599	local policies, ordinances, regulations, and plan provisions
600	that increase the cost of housing prior to their adoption; and a
601	schedule for implementing the incentive strategies. Local
602	housing incentive strategies may also include other regulatory
603	reforms, such as those enumerated in s. 420.9076 or those
604	recommended by the affordable housing advisory committee in its
605	triennial evaluation and adopted by the local governing body.
606	(25)  "Recaptured funds" means funds that are recouped by a
607	county or eligible municipality in accordance with the recapture
608	provisions of its local housing assistance plan pursuant to s.
609	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
610	which funds were not used for assistance to an eligible
611	household for an eligible activity, when there is a who default
612	on the terms of a grant award or loan award.
613	(29)  "Assisted housing" or "assisted housing development"
614	means a rental housing development, including rental housing in
615	a mixed-use development, that received or currently receives
616	funding from any federal or state housing program.
617	(30)  "Preservation" means actions taken to keep rents in
618	existing assisted housing affordable for extremely-low-income,
619	very-low-income, low-income, and moderate-income households
620	while ensuring that the property stays in good physical and
621	financial condition for an extended period.
622	Section 14.  Subsection (6) of section 420.9072, Florida
623	Statutes, is amended to read:
624	420.9072  State Housing Initiatives Partnership
625	Program.--The State Housing Initiatives Partnership Program is
626	created for the purpose of providing funds to counties and
627	eligible municipalities as an incentive for the creation of
628	local housing partnerships, to expand production of and preserve
629	affordable housing, to further the housing element of the local
630	government comprehensive plan specific to affordable housing,
631	and to increase housing-related employment.
632	(6)  The moneys that otherwise would be distributed
633	pursuant to s. 420.9073 to a local government that does not meet
634	the program's requirements for receipts of such distributions
635	shall remain in the Local Government Housing Trust Fund to be
636	administered by the corporation pursuant to s. 420.9078.
637	Section 15.  Subsections (1) and (2) of section 420.9073,
638	Florida Statutes, are amended, and subsections (5), (6), and (7)
639	are added to that section, to read:
640	420.9073  Local housing distributions.--
641	(1)  Distributions calculated in this section shall be
642	disbursed on a quarterly or more frequent monthly basis by the
643	corporation beginning the first day of the month after program
644	approval pursuant to s. 420.9072, subject to availability of
645	funds. Each county's share of the funds to be distributed from
646	the portion of the funds in the Local Government Housing Trust
647	Fund received pursuant to s. 201.15(9) shall be calculated by
648	the corporation for each fiscal year as follows:
649	(a)  Each county other than a county that has implemented
650	the provisions of chapter 83-220, Laws of Florida, as amended by
651	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
652	receive the guaranteed amount for each fiscal year.
653	(b)  Each county other than a county that has implemented
654	the provisions of chapter 83-220, Laws of Florida, as amended by
655	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
656	receive an additional share calculated as follows:
657	1.  Multiply each county's percentage of the total state
658	population excluding the population of any county that has
659	implemented the provisions of chapter 83-220, Laws of Florida,
660	as amended by chapters 84-270, 86-152, and 89-252, Laws of
661	Florida, by the total funds to be distributed.
662	2.  If the result in subparagraph 1. is less than the
663	guaranteed amount as determined in subsection (3), that county's
664	additional share shall be zero.
665	3.  For each county in which the result in subparagraph 1.
666	is greater than the guaranteed amount as determined in
667	subsection (3), the amount calculated in subparagraph 1. shall
668	be reduced by the guaranteed amount. The result for each such
669	county shall be expressed as a percentage of the amounts so
670	determined for all counties. Each such county shall receive an
671	additional share equal to such percentage multiplied by the
672	total funds received by the Local Government Housing Trust Fund
673	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
674	to all counties.
675	(2)  Effective July 1, 1995, Distributions calculated in
676	this section shall be disbursed on a quarterly or more frequent
677	monthly basis by the corporation beginning the first day of the
678	month after program approval pursuant to s. 420.9072, subject to
679	availability of funds. Each county's share of the funds to be
680	distributed from the portion of the funds in the Local
681	Government Housing Trust Fund received pursuant to s. 201.15(10)
682	shall be calculated by the corporation for each fiscal year as
683	follows:
684	(a)  Each county shall receive the guaranteed amount for
685	each fiscal year.
686	(b)  Each county may receive an additional share calculated
687	as follows:
688	1.  Multiply each county's percentage of the total state
689	population, by the total funds to be distributed.
690	2.  If the result in subparagraph 1. is less than the
691	guaranteed amount as determined in subsection (3), that county's
692	additional share shall be zero.
693	3.  For each county in which the result in subparagraph 1.
694	is greater than the guaranteed amount, the amount calculated in
695	subparagraph 1. shall be reduced by the guaranteed amount. The
696	result for each such county shall be expressed as a percentage
697	of the amounts so determined for all counties. Each such county
698	shall receive an additional share equal to this percentage
699	multiplied by the total funds received by the Local Government
700	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
701	guaranteed amount paid to all counties.
702	(5)  Notwithstanding subsections (1)-(4), the corporation
703	is authorized to withhold up to $5 million from the total
704	distribution each fiscal year to provide additional funding to
705	counties and eligible municipalities in which a state of
706	emergency has been declared by the Governor pursuant to chapter
707	252. Any portion of such funds not distributed under this
708	subsection by the end of the fiscal year shall be distributed as
709	provided in this section.
710	(6)  Notwithstanding subsections (1)-(4), the corporation
711	is authorized to withhold up to $5 million from the total
712	distribution each fiscal year to provide funding to counties and
713	eligible municipalities to purchase properties subject to a
714	State Housing Initiative Partnership Program lien and on which
715	foreclosure proceedings have been initiated by any mortgagee.
716	Each county and eligible municipality that receives funds under
717	this subsection shall repay such funds to the corporation not
718	later than the expenditure deadline for the fiscal year in which
719	the funds were awarded. Amounts not repaid shall be withheld
720	from the subsequent year's distribution. Any portion of such
721	funds not distributed under this subsection by the end of the
722	fiscal year shall be distributed as provided in this section.
723	(7)  A county or eligible municipality that receives local
724	housing distributions pursuant to this section shall expend
725	those funds in accordance with the provisions of ss. 420.907-
726	420.9079, corporation rule, and its local housing assistance
727	plan.
728	Section 16.  Subsections (1), (3), (5), and (8), paragraphs
729	(a) and (h) of subsection (10), and paragraph (b) of subsection
730	(13) of section 420.9075, Florida Statutes, are amended, and
731	subsection (14) is added to that section, to read:
732	420.9075  Local housing assistance plans; partnerships.--
733	(1)(a)  Each county or eligible municipality participating
734	in the State Housing Initiatives Partnership Program shall
735	develop and implement a local housing assistance plan created to
736	make affordable residential units available to persons of very
737	low income, low income, or moderate income and to persons who
738	have special housing needs, including, but not limited to,
739	homeless people, the elderly, and migrant farmworkers, and
740	persons with disabilities. High-cost counties or eligible
741	municipalities as defined by rule of the corporation may include
742	strategies to assist persons and households having annual
743	incomes of not more than 140 percent of area median income. The
744	plans are intended to increase the availability of affordable
745	residential units by combining local resources and cost-saving
746	measures into a local housing partnership and using private and
747	public funds to reduce the cost of housing.
748	(b)  Local housing assistance plans may allocate funds to:
749	1.  Implement local housing assistance strategies for the
750	provision of affordable housing.
751	2.  Supplement funds available to the corporation to
752	provide enhanced funding of state housing programs within the
753	county or the eligible municipality.
754	3.  Provide the local matching share of federal affordable
755	housing grants or programs.
756	4.  Fund emergency repairs, including, but not limited to,
757	repairs performed by existing service providers under
758	weatherization assistance programs under ss. 409.509-409.5093.
759	5.  Further the housing element of the local government
760	comprehensive plan adopted pursuant to s. 163.3184, specific to
761	affordable housing.
762	(3)(a)  Each local housing assistance plan shall include a
763	definition of essential service personnel for the county or
764	eligible municipality, including, but not limited to, teachers
765	and educators, other school district, community college, and
766	university employees, police and fire personnel, health care
767	personnel, skilled building trades personnel, and other job
768	categories.
769	(b)  Each county and each eligible municipality is
770	encouraged to develop a strategy within its local housing
771	assistance plan that emphasizes the recruitment and retention of
772	essential service personnel. The local government is encouraged
773	to involve public and private sector employers. Compliance with
774	the eligibility criteria established under this strategy shall
775	be verified by the county or eligible municipality.
776	(c)  Each county and each eligible municipality is
777	encouraged to develop a strategy within its local housing
778	assistance plan that addresses the needs of persons who are
779	deprived of affordable housing due to the closure of a mobile
780	home park or the conversion of affordable rental units to
781	condominiums.
782	(d)  Each county and each eligible municipality shall
783	describe initiatives in the local housing assistance plan to
784	encourage or require innovative design, green building
785	principles, storm-resistant construction, or other elements that
786	reduce long-term costs relating to maintenance, utilities, or
787	insurance.
788	(e)  Each county and each eligible municipality is
789	encouraged to develop a strategy within its local housing
790	assistance plan that provides program funds for the preservation
791	of assisted housing.
792	(5)  The following criteria apply to awards made to
793	eligible sponsors or eligible persons for the purpose of
794	providing eligible housing:
795	(a)  At least 65 percent of the funds made available in
796	each county and eligible municipality from the local housing
797	distribution must be reserved for home ownership for eligible
798	persons.
799	(b)  At least 75 percent of the funds made available in
800	each county and eligible municipality from the local housing
801	distribution must be reserved for construction, rehabilitation,
802	or emergency repair of affordable, eligible housing.
803	(c)  Not more than 15 percent of the funds made available
804	in each county and eligible municipality from the local housing
805	distribution may be used for manufactured housing.
806	(d)(c)  The sales price or value of new or existing
807	eligible housing may not exceed 90 percent of the average area
808	purchase price in the statistical area in which the eligible
809	housing is located. Such average area purchase price may be that
810	calculated for any 12-month period beginning not earlier than
811	the fourth calendar year prior to the year in which the award
812	occurs or as otherwise established by the United States
813	Department of the Treasury.
814	(e)(d)1.  All units constructed, rehabilitated, or
815	otherwise assisted with the funds provided from the local
816	housing assistance trust fund must be occupied by very-low-
817	income persons, low-income persons, and moderate-income persons
818	except as otherwise provided in this section.
819	2.  At least 30 percent of the funds deposited into the
820	local housing assistance trust fund must be reserved for awards
821	to very-low-income persons or eligible sponsors who will serve
822	very-low-income persons and at least an additional 30 percent of
823	the funds deposited into the local housing assistance trust fund
824	must be reserved for awards to low-income persons or eligible
825	sponsors who will serve low-income persons. This subparagraph
826	does not apply to a county or an eligible municipality that
827	includes, or has included within the previous 5 years, an area
828	of critical state concern designated or ratified by the
829	Legislature for which the Legislature has declared its intent to
830	provide affordable housing. The exemption created by this act
831	expires on July 1, 2013 2008.
832	(f)(e)  Loans shall be provided for periods not exceeding
833	30 years, except for deferred payment loans or loans that extend
834	beyond 30 years which continue to serve eligible persons.
835	(g)(f)  Loans or grants for eligible rental housing
836	constructed, rehabilitated, or otherwise assisted from the local
837	housing assistance trust fund must be subject to recapture
838	requirements as provided by the county or eligible municipality
839	in its local housing assistance plan unless reserved for
840	eligible persons for 15 years or the term of the assistance,
841	whichever period is longer. Eligible sponsors that offer rental
842	housing for sale before 15 years or that have remaining
843	mortgages funded under this program must give a first right of
844	refusal to eligible nonprofit organizations for purchase at the
845	current market value for continued occupancy by eligible
846	persons.
847	(h)(g)  Loans or grants for eligible owner-occupied housing
848	constructed, rehabilitated, or otherwise assisted from proceeds
849	provided from the local housing assistance trust fund shall be
850	subject to recapture requirements as provided by the county or
851	eligible municipality in its local housing assistance plan.
852	(i)(h)  The total amount of monthly mortgage payments or
853	the amount of monthly rent charged by the eligible sponsor or
854	her or his designee must be made affordable.
855	(j)(i)  The maximum sales price or value per unit and the
856	maximum award per unit for eligible housing benefiting from
857	awards made pursuant to this section must be established in the
858	local housing assistance plan.
859	(k)(j)  The benefit of assistance provided through the
860	State Housing Initiatives Partnership Program must accrue to
861	eligible persons occupying eligible housing. This provision
862	shall not be construed to prohibit use of the local housing
863	distribution funds for a mixed income rental development.
864	(l)(k)  Funds from the local housing distribution not used
865	to meet the criteria established in paragraph (a) or paragraph
866	(b) or not used for the administration of a local housing
867	assistance plan must be used for housing production and finance
868	activities, including, but not limited to, financing
869	preconstruction activities or the purchase of existing units,
870	providing rental housing, and providing home ownership training
871	to prospective home buyers and owners of homes assisted through
872	the local housing assistance plan.
873	1.  Notwithstanding the provisions of paragraphs (a) and
874	(b), program income as defined in s. 420.9071(24) may also be
875	used to fund activities described in this paragraph.
876	2.  When preconstruction due diligence activities conducted
877	as part of a preservation strategy show that preservation of the
878	units is not feasible and will not result in the production of
879	an eligible unit, such costs shall be deemed a program expense
880	rather than an administrative expense if such program expenses
881	do not exceed 3 percent of the annual local housing
882	distribution.
883	3.  If both an award under the local housing assistance
884	plan and federal low-income housing tax credits are used to
885	assist a project and there is a conflict between the criteria
886	prescribed in this subsection and the requirements of s. 42 of
887	the Internal Revenue Code of 1986, as amended, the county or
888	eligible municipality may resolve the conflict by giving
889	precedence to the requirements of s. 42 of the Internal Revenue
890	Code of 1986, as amended, in lieu of following the criteria
891	prescribed in this subsection with the exception of paragraphs
892	(a) and (e) (d) of this subsection.
893	4.  Each county and each eligible municipality may award
894	funds as a grant for construction, rehabilitation, or repair as
895	part of disaster recovery or emergency repairs or to remedy
896	accessibility or health and safety deficiencies. Any other
897	grants must be approved as part of the local housing assistance
898	plan.
899	(8)  Pursuant to s. 420.531, the corporation shall provide
900	training and technical assistance to local governments regarding
901	the creation of partnerships, the design of local housing
902	assistance strategies, the implementation of local housing
903	incentive strategies, and the provision of support services.
904	(10)  Each county or eligible municipality shall submit to
905	the corporation by September 15 of each year a report of its
906	affordable housing programs and accomplishments through June 30
907	immediately preceding submittal of the report. The report shall
908	be certified as accurate and complete by the local government's
909	chief elected official or his or her designee. Transmittal of
910	the annual report by a county's or eligible municipality's chief
911	elected official, or his or her designee, certifies that the
912	local housing incentive strategies, or, if applicable, the local
913	housing incentive plan, have been implemented or are in the
914	process of being implemented pursuant to the adopted schedule
915	for implementation. The report must include, but is not limited
916	to:
917	(a)  The number of households served by income category,
918	age, family size, and race, and data regarding any special needs
919	populations such as farmworkers, homeless persons, persons with
920	disabilities, and the elderly. Counties shall report this
921	information separately for households served in the
922	unincorporated area and each municipality within the county.
923	(h)  Such other data or affordable housing accomplishments
924	considered significant by the reporting county or eligible
925	municipality or by the corporation.
926	(13)
927	(b)  If, as a result of its review of the annual report,
928	the corporation determines that a county or eligible
929	municipality has failed to implement a local housing incentive
930	strategy, or, if applicable, a local housing incentive plan, it
931	shall send a notice of termination of the local government's
932	share of the local housing distribution by certified mail to the
933	affected county or eligible municipality.
934	1.  The notice must specify a date of termination of the
935	funding if the affected county or eligible municipality does not
936	implement the plan or strategy and provide for a local response.
937	A county or eligible municipality shall respond to the
938	corporation within 30 days after receipt of the notice of
939	termination.
940	2.  The corporation shall consider the local response that
941	extenuating circumstances precluded implementation and grant an
942	extension to the timeframe for implementation. Such an extension
943	shall be made in the form of an extension agreement that
944	provides a timeframe for implementation. The chief elected
945	official of a county or eligible municipality or his or her
946	designee shall have the authority to enter into the agreement on
947	behalf of the local government.
948	3.  If the county or the eligible municipality has not
949	implemented the incentive strategy or entered into an extension
950	agreement by the termination date specified in the notice, the
951	local housing distribution share terminates, and any uncommitted
952	local housing distribution funds held by the affected county or
953	eligible municipality in its local housing assistance trust fund
954	shall be transferred to the Local Government Housing Trust Fund
955	to the credit of the corporation to administer pursuant to s.
956	420.9078.
957	4.a.  If the affected local government fails to meet the
958	timeframes specified in the agreement, the corporation shall
959	terminate funds. The corporation shall send a notice of
960	termination of the local government's share of the local housing
961	distribution by certified mail to the affected local government.
962	The notice shall specify the termination date, and any
963	uncommitted funds held by the affected local government shall be
964	transferred to the Local Government Housing Trust Fund to the
965	credit of the corporation to administer pursuant to s. 420.9078.
966	b.  If the corporation terminates funds to a county, but an
967	eligible municipality receiving a local housing distribution
968	pursuant to an interlocal agreement maintains compliance with
969	program requirements, the corporation shall thereafter
970	distribute directly to the participating eligible municipality
971	its share calculated in the manner provided in s. 420.9072.
972	c.  Any county or eligible municipality whose local
973	distribution share has been terminated may subsequently elect to
974	receive directly its local distribution share by adopting the
975	ordinance, resolution, and local housing assistance plan in the
976	manner and according to the procedures provided in ss. 420.907-
977	420.9079.
978	(14)  If the corporation determines that a county or
979	eligible municipality has expended program funds for an
980	ineligible activity, the corporation shall require such funds to
981	be repaid to the local housing assistance trust fund. Such
982	repayment may not be made with funds from State Housing
983	Initiatives Partnership Program funds.
984	Section 17.  Paragraph (h) of subsection (2), subsections
985	(5) and (6), and paragraph (a) of subsection (7) of section
986	420.9076, Florida Statutes, are amended to read:
987	420.9076  Adoption of affordable housing incentive
988	strategies; committees.--
989	(2)  The governing board of a county or municipality shall
990	appoint the members of the affordable housing advisory committee
991	by resolution. Pursuant to the terms of any interlocal
992	agreement, a county and municipality may create and jointly
993	appoint an advisory committee to prepare a joint plan. The
994	ordinance adopted pursuant to s. 420.9072 which creates the
995	advisory committee or the resolution appointing the advisory
996	committee members must provide for 11 committee members and
997	their terms. The committee must include:
998	(h)  One citizen who actively serves on the local planning
999	agency pursuant to s. 163.3174. If the local planning agency is
1000	comprised of the county or municipality commission, the
1001	commission may appoint a designee who is knowledgeable in the
1002	local planning process.
1003
1004	If a county or eligible municipality whether due to its small
1005	size, the presence of a conflict of interest by prospective
1006	appointees, or other reasonable factor, is unable to appoint a
1007	citizen actively engaged in these activities in connection with
1008	affordable housing, a citizen engaged in the activity without
1009	regard to affordable housing may be appointed. Local governments
1010	that receive the minimum allocation under the State Housing
1011	Initiatives Partnership Program may elect to appoint an
1012	affordable housing advisory committee with fewer than 11
1013	representatives if they are unable to find representatives who
1014	meet the criteria of paragraphs (a)-(k).
1015	(5)  The approval by the advisory committee of its local
1016	housing incentive strategies recommendations and its review of
1017	local government implementation of previously recommended
1018	strategies must be made by affirmative vote of a majority of the
1019	membership of the advisory committee taken at a public hearing.
1020	Notice of the time, date, and place of the public hearing of the
1021	advisory committee to adopt its evaluation and final local
1022	housing incentive strategies recommendations must be published
1023	in a newspaper of general paid circulation in the county. The
1024	notice must contain a short and concise summary of the
1025	evaluation and local housing incentives strategies
1026	recommendations to be considered by the advisory committee. The
1027	notice must state the public place where a copy of the
1028	evaluation and tentative advisory committee recommendations can
1029	be obtained by interested persons. The final report, evaluation,
1030	and recommendations shall be submitted to the corporation.
1031	(6)  Within 90 days after the date of receipt of the
1032	evaluation and local housing incentive strategies
1033	recommendations from the advisory committee, the governing body
1034	of the appointing local government shall adopt an amendment to
1035	its local housing assistance plan to incorporate the local
1036	housing incentive strategies it will implement within its
1037	jurisdiction. The amendment must include, at a minimum, the
1038	local housing incentive strategies required under s.
1039	420.9071(16). The local government must consider the strategies
1040	specified in paragraphs (4)(a)-(k) as recommended by the
1041	advisory committee.
1042	(7)  The governing board of the county or the eligible
1043	municipality shall notify the corporation by certified mail of
1044	its adoption of an amendment of its local housing assistance
1045	plan to incorporate local housing incentive strategies. The
1046	notice must include a copy of the approved amended plan.
1047	(a)  If the corporation fails to receive timely the
1048	approved amended local housing assistance plan to incorporate
1049	local housing incentive strategies, a notice of termination of
1050	its share of the local housing distribution shall be sent by
1051	certified mail by the corporation to the affected county or
1052	eligible municipality. The notice of termination must specify a
1053	date of termination of the funding if the affected county or
1054	eligible municipality has not adopted an amended local housing
1055	assistance plan to incorporate local housing incentive
1056	strategies. If the county or the eligible municipality has not
1057	adopted an amended local housing assistance plan to incorporate
1058	local housing incentive strategies by the termination date
1059	specified in the notice of termination, the local distribution
1060	share terminates; and any uncommitted local distribution funds
1061	held by the affected county or eligible municipality in its
1062	local housing assistance trust fund shall be transferred to the
1063	Local Government Housing Trust Fund to the credit of the
1064	corporation to administer the local government housing program
1065	pursuant to s. 420.9078.
1066	Section 18.  Section 420.9078, Florida Statutes, is
1067	repealed.
1068	Section 19.  Section 420.9079, Florida Statutes, is amended
1069	to read:
1070	420.9079  Local Government Housing Trust Fund.--
1071	(1)  There is created in the State Treasury the Local
1072	Government Housing Trust Fund, which shall be administered by
1073	the corporation on behalf of the department according to the
1074	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1075	section. There shall be deposited into the fund a portion of the
1076	documentary stamp tax revenues as provided in s. 201.15, moneys
1077	received from any other source for the purposes of ss. 420.907-
1078	420.9076 420.907-420.9078 and this section, and all proceeds
1079	derived from the investment of such moneys. Moneys in the fund
1080	that are not currently needed for the purposes of the programs
1081	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1082	and this section shall be deposited to the credit of the fund
1083	and may be invested as provided by law. The interest received on
1084	any such investment shall be credited to the fund.
1085	(2)  The corporation shall administer the fund exclusively
1086	for the purpose of implementing the programs described in ss.
1087	420.907-420.9076 420.907-420.9078 and this section. With the
1088	exception of monitoring the activities of counties and eligible
1089	municipalities to determine local compliance with program
1090	requirements, the corporation shall not receive appropriations
1091	from the fund for administrative or personnel costs. For the
1092	purpose of implementing the compliance monitoring provisions of
1093	s. 420.9075(9), the corporation may request a maximum of one-
1094	quarter of 1 percent of the annual appropriation per state
1095	fiscal year. When such funding is appropriated, the corporation
1096	shall deduct the amount appropriated prior to calculating the
1097	local housing distribution pursuant to ss. 420.9072 and
1098	420.9073.
1099	Section 20.  Subsection (12) of section 1001.43, Florida
1100	Statutes, is amended to read:
1101	1001.43  Supplemental powers and duties of district school
1102	board.--The district school board may exercise the following
1103	supplemental powers and duties as authorized by this code or
1104	State Board of Education rule.
1105	(12)  AFFORDABLE HOUSING.--A district school board may use
1106	portions of school sites purchased within the guidelines of the
1107	State Requirements for Educational Facilities, land deemed not
1108	usable for educational purposes because of location or other
1109	factors, or land declared as surplus by the board to provide
1110	sites for affordable housing for teachers and other district
1111	personnel and, in areas of critical state concern, for other
1112	essential services personnel as defined by local affordable
1113	housing eligibility requirements, independently or in
1114	conjunction with other agencies as described in subsection (5).
1115	Section 21.  This act shall take effect July 1, 2008.

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