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; creating s. 193.018, F.S.; providing for the
9	assessment of property receiving the low-income housing
10	tax credit; defining the term "community land trust";
11	providing for the assessment of structural improvements,
12	condominium parcels, and cooperative parcels on land owned
13	by a community land trust and used to provide affordable
14	housing; providing for the conveyance of structural
15	improvements, condominium parcels, and cooperative parcels
16	subject to certain conditions; specifying the criteria to
17	be used in arriving at just valuation of a structural
18	improvement, condominium parcel, or cooperative parcel;
19	amending s. 196.196, F.S.; providing additional criteria
20	for determining whether certain affordable housing
21	property owned by certain exempt organizations is entitled
22	to an exemption from ad valorem taxation; providing a
23	definition; amending s. 196.1978, F.S.; providing that
24	property owned by certain nonprofit entities or Florida-
25	based limited partnerships and used or held for the
26	purpose of providing affordable housing to certain income-
27	qualified persons is exempt from ad valorem taxation;
28	revising legislative intent; subjecting organizations
29	owning certain property to ad valorem taxation under
30	certain circumstances; providing for tax liens; providing
31	for penalties and interest; providing an exception;
32	providing notice requirements; amending s. 212.055, F.S.;
33	redefining the term "infrastructure" to allow the proceeds
34	of a local government infrastructure surtax to be used to
35	purchase land for certain purposes relating to
36	construction of affordable housing; amending s. 420.503,
37	F.S.; defining the term "moderate rehabilitation" for
38	purposes of the Florida Housing Finance Corporation Act;
39	amending s. 420.5061, F.S.; removing a provision requiring
40	the Florida Housing Finance Corporation to transfer
41	certain funds to the General Revenue Fund; amending s.
42	420.507, F.S.; providing the corporation with certain
43	powers relating to developing and administering a grant
44	program; amending s. 420.5087, F.S.; revising purposes for
45	which state apartment incentive loans may be used;
46	amending s. 420.5095, F.S.; providing for the disbursement
47	of certain Community Workforce Housing Innovation Pilot
48	Program funds that were awarded but have been declined or
49	returned; amending s. 420.615, F.S.; revising provisions
50	relating to comprehensive plan amendments; authorizing
51	certain persons to challenge the compliance of an
52	amendment; creating s. 420.628, F.S.; providing
53	legislative findings and intent; requiring certain
54	governmental entities to develop and implement strategies
55	and procedures designed to increase affordable housing
56	opportunities for young adults who are leaving the child
57	welfare system; amending s. 420.9071, F.S.; revising and
58	providing definitions; amending s. 420.9072, F.S.;
59	conforming a cross-reference; amending s. 420.9073, F.S.;
60	revising the frequency with which local housing
61	distributions are to be made by the corporation;
62	authorizing the corporation to withhold funds from the
63	total distribution annually for specified purposes;
64	requiring counties and eligible municipalities that
65	receive local housing distributions to expend those funds
66	in a specified manner; amending s. 420.9075, F.S.;
67	requiring that local housing assistance plans address the
68	special housing needs of persons with disabilities;
69	authorizing the corporation to define high-cost counties
70	and eligible municipalities by rule; authorizing high-cost
71	counties and certain municipalities to assist persons and
72	households meeting specific income requirements; revising
73	requirements to be included in the local housing
74	assistance plan; requiring counties and certain
75	municipalities to include certain initiatives and
76	strategies in the local housing assistance plan; revising
77	criteria that applies to awards made for the purpose of
78	providing eligible housing; authorizing and limiting the
79	percentage of funds from the local housing distribution
80	that may be used for manufactured housing; extending the
81	expiration date of an exemption from certain income
82	requirements in specified areas; authorizing the use of
83	certain funds for preconstruction activities; providing
84	that certain costs are a program expense; authorizing
85	counties and certain municipalities to award grant funds
86	under certain conditions; providing for the repayment of
87	funds by the local housing assistance trust fund; amending
88	s. 420.9076, F.S.; revising appointments to a local
89	affordable housing advisory committee; revising notice
90	requirements for public hearings of the advisory
91	committee; requiring the committee's final report,
92	evaluation, and recommendations to be submitted to the
93	corporation; deleting cross-references to conform to
94	changes made by the act; repealing s. 420.9078, F.S.,
95	relating to state administration of funds remaining in the
96	Local Government Housing Trust Fund; amending s. 420.9079,
97	F.S.; conforming cross-references; creating s. 624.46227,
98	F.S.; requiring certain public housing authorities to
99	obtain and maintain property insurance, including coverage
100	for the peril of wind, for affordable housing owned or
101	operated in certain areas by the public housing authority;
102	providing requirements for coverage for the peril of wind;
103	amending s. 1001.43, F.S.; revising district school board
104	powers and duties in relation to use of land for
105	affordable housing in certain areas for certain personnel;
106	providing an effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Paragraph (m) of subsection (3) of section
111	125.0104, Florida Statutes, is amended to read:
112	125.0104  Tourist development tax; procedure for levying;
113	authorized uses; referendum; enforcement.--
114	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
115	(m)1.  In addition to any other tax which is imposed
116	pursuant to this section, a high tourism impact county may
117	impose an additional 1-percent tax on the exercise of the
118	privilege described in paragraph (a) by extraordinary vote of
119	the governing board of the county. The tax revenues received
120	pursuant to this paragraph shall be used for one or more of the
121	authorized uses pursuant to subsection (5). In addition, any
122	high tourism impact county that is designated as an area of
123	critical state concern pursuant to chapter 380 may also utilize
124	revenues received pursuant to this paragraph for affordable or
125	workforce housing as defined in chapter 420, or for affordable,
126	workforce, or employee housing as defined in any adopted
127	comprehensive plan, land development regulation, or local
128	housing assistance plan. Such authority for the use of revenues
129	for workforce, affordable, or employee housing shall extend for
130	10 years after the date of any de-designation of a location as
131	an area of critical state concern, or for the period of time
132	required under any bond or other financing issued in accordance
133	with or based upon the authority granted pursuant to the
134	provisions of this section. Revenues derived pursuant to this
135	paragraph shall be bondable in accordance with other laws
136	regarding revenue bonding. Should a high tourism impact county
137	designated as an area of critical state concern enact the tax
138	specified in this paragraph, the revenue generated shall be
139	distributed among incorporated and unincorporated areas based on
140	the location of the living quarters or accommodations that are
141	leased or rented. However, nothing in this paragraph shall
142	preclude an interlocal agreement between local governments for
143	the use of funds received pursuant to this paragraph in a manner
144	that addresses the provision of affordable and workforce housing
145	opportunities on a regional basis or in accordance with a
146	multijurisdictional housing strategy, program, or policy.
147	2.  A county is considered to be a high tourism impact
148	county after the Department of Revenue has certified to such
149	county that the sales subject to the tax levied pursuant to this
150	section exceeded $600 million during the previous calendar year,
151	or were at least 18 percent of the county's total taxable sales
152	under chapter 212 where the sales subject to the tax levied
153	pursuant to this section were a minimum of $200 million, except
154	that no county authorized to levy a convention development tax
155	pursuant to s. 212.0305 shall be considered a high tourism
156	impact county. Once a county qualifies as a high tourism impact
157	county, it shall retain this designation for the period the tax
158	is levied pursuant to this paragraph.
159	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
160	to the adoption of the additional tax authorized in this
161	paragraph. The effective date of the levy and imposition of the
162	tax authorized under this paragraph shall be the first day of
163	the second month following approval of the ordinance by the
164	governing board or the first day of any subsequent month as may
165	be specified in the ordinance. A certified copy of such
166	ordinance shall be furnished by the county to the Department of
167	Revenue within 10 days after approval of such ordinance.
168	Section 2.  Subsection (4) of section 159.807, Florida
169	Statutes, is amended to read:
170	159.807  State allocation pool.--
171	(4)(a)  The state allocation pool shall also be used to
172	provide written confirmations for private activity bonds that
173	are to be issued by state agencies after June 1, which bonds,
174	notwithstanding any other provisions of this part, shall receive
175	priority in the use of the pool available at the time the notice
176	of intent to issue such bonds is filed with the division.
177	(b)  This subsection does not apply to the Florida Housing
178	Finance Corporation:
179	1.  Until its allocation pursuant to s. 159.804(3) has been
180	exhausted, is unavailable, or is inadequate to provide an
181	allocation pursuant to s. 159.804(3) and any carryforwards of
182	volume limitation from prior years for the same carryforward
183	purpose, as that term is defined in s. 146 of the Code, as the
184	bonds it intends to issue have been completely utilized or have
185	expired.
186	2.  Prior to July 1 of any year, when housing bonds for
187	which the Florida Housing Finance Corporation has made an
188	assignment of its allocation permitted by s. 159.804(3)(c) have
189	not been issued.
190	Section 3.  Section 193.018, Florida Statutes, is created
191	to read:
192	193.018  Land owned by a community land trust used to
193	provide affordable housing; assessment; structural improvements,
194	condominium parcels, and cooperative parcels.--
195	(1)  As used in this section, the term "community land
196	trust" means a nonprofit entity that is qualified as charitable
197	under s. 501(c)(3) of the Internal Revenue Code and has as one
198	of its purposes the acquisition of land to be held in perpetuity
199	for the primary purpose of providing affordable homeownership.
200	(2)  A community land trust may convey structural
201	improvements, condominium parcels, or cooperative parcels, that
202	are located on specific parcels of land that are identified by a
203	legal description contained in and subject to a ground lease
204	having a term of at least 99 years, for the purpose of providing
205	affordable housing to natural persons or families who meet the
206	extremely-low, very-low, low, or moderate income limits
207	specified in s. 420.0004, or the income limits for workforce
208	housing, as defined in s. 420.5095(3). A community land trust
209	shall retain a preemptive option to purchase any structural
210	improvements, condominium parcels, or cooperative parcels on the
211	land at a price determined by a formula specified in the ground
212	lease which is designed to ensure that the structural
213	improvements, condominium parcels, or cooperative parcels remain
214	affordable.
215	(3)  In arriving at just valuation under s. 193.011, a
216	structural improvement, condominium parcel, or cooperative
217	parcel providing affordable housing on land owned by a community
218	land trust, and the land owned by a community land trust that is
219	subject to a 99-year or longer ground lease, shall be assessed
220	using the following criteria:
221	(a)  The amount a willing purchase would pay a willing
222	seller for the land is limited to an amount commensurate with
223	the terms of the ground lease that restricts the use of the land
224	to the provision of affordable housing in perpetuity.
225	(b)  The amount a willing purchaser would pay a willing
226	seller for resale-restricted improvements, condominium parcels,
227	or cooperative parcels is limited to the amount determined by
228	the formula in the ground lease.
229	(c)  If the ground lease and all amendments and supplements
230	thereto, or a memorandum documenting how such lease and
231	amendments or supplements restrict the price at which the
232	improvements, condominium parcels, or cooperative parcels may be
233	sold, is recorded in the official public records of the county
234	in which the leased land is located, the recorded lease and any
235	amendments and supplements, or the recorded memorandum, shall be
236	deemed a land use regulation during the term of the lease as
237	amended or supplemented.
238	Section 4.  Subsection (5) is added to section 196.196,
239	Florida Statutes, to read:
240	196.196  Determining whether property is entitled to
241	charitable, religious, scientific, or literary exemption.--
242	(5)  Property owned by an exempt organization qualified as
243	charitable under s. 501(c)(3) of the Internal Revenue Code is
244	used for a charitable purpose if the organization has taken
245	affirmative steps to prepare the property to provide affordable
246	housing to persons or families that meet the extremely-low-
247	income, very-low-income, low-income, or moderate-income limits,
248	as specified in s. 420.0004. The term "affirmative steps" means
249	environmental or land use permitting activities, creation of
250	architectural plans or schematic drawings, land clearing or site
251	preparation, construction or renovation activities, or other
252	similar activities that demonstrate a commitment of the property
253	to providing affordable housing.
254	Section 5.  Section 196.1978, Florida Statutes, is amended
255	to read:
256	196.1978  Affordable housing property exemption.--
257	(1)  Property used to provide affordable housing serving
258	eligible persons as defined by s. 159.603(7) and natural persons
259	or families meeting the extremely-low-income, very-low-income,
260	low-income, or moderate-income persons meeting income limits
261	specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),
262	which property is owned entirely by a nonprofit entity that is a
263	corporation not for profit, qualified as charitable under s.
264	501(c)(3) of the Internal Revenue Code and in compliance with
265	Rev. Proc. 96-32, 1996-1 C.B. 717, or a Florida-based limited
266	partnership, the sole general partner of which is a corporation
267	not for profit which is qualified as charitable under s.
268	501(c)(3) of the Internal Revenue Code and which complies with
269	Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
270	owned by an exempt entity and used for a charitable purpose, and
271	those portions of the affordable housing property which provide
272	housing to natural persons or families classified as extremely
273	low income, very low income, low income, or moderate income
274	under s. 420.0004 individuals with incomes as defined in s.
275	420.0004(10) and (15) shall be exempt from ad valorem taxation
276	to the extent authorized in s. 196.196. All property identified
277	in this section shall comply with the criteria for determination
278	of exempt status to be applied by property appraisers on an
279	annual basis as defined in s. 196.195. The Legislature intends
280	that any property owned by a limited liability company or
281	limited partnership which is disregarded as an entity for
282	federal income tax purposes pursuant to Treasury Regulation
283	301.7701-3(b)(1)(ii) shall be treated as owned by its sole
284	member or sole general partner.
285	(2)  If property owned by an organization granted an
286	exemption under s. 196.196(5) is transferred for a purpose other
287	than directly providing affordable homeownership or rental
288	housing to persons or families who meet the extremely-low-
289	income, very-low-income, low-income, or moderate-income limits,
290	as specified in s. 420.0004, or is not in actual use to provide
291	such affordable housing within 5 years after the date the
292	organization is granted the exemption, the property appraiser
293	making such determination shall serve upon the organization that
294	illegally or improperly received the exemption a notice of
295	intent to record in the public records of the county a notice of
296	tax lien against any property owned by that organization in the
297	county, and such property shall be identified in the notice of
298	tax lien. The organization owning such property is subject to
299	the taxes otherwise due and owing as a result of the failure to
300	use the property to provide affordable housing plus 15 percent
301	interest per annum and a penalty of 50 percent of the taxes
302	owed. Such lien, when filed, attaches to any property identified
303	in the notice of tax lien owned by the organization that
304	illegally or improperly received the exemption. If such
305	organization no longer owns property in the county but owns
306	property in any other county in the state, the property
307	appraiser shall record in each such other county a notice of tax
308	lien identifying the property owned by such organization in such
309	county which shall become a lien against the identified
310	property. If an exemption is improperly granted as a result of a
311	clerical mistake or an omission by the property appraiser, the
312	organization improperly receiving the exemption shall not be
313	assessed penalty and interest. Before any such lien may be
314	filed, the organization so notified must be given 30 days to pay
315	the taxes, penalties, and interest. The 5-year limitation
316	specified in this subsection may be extended provided the holder
317	of the exemption continues to take affirmative steps to develop
318	the property for the purposes specified in this subsection.
319	Section 6.  Paragraph (d) of subsection (2) of section
320	212.055, Florida Statutes, is amended to read:
321	212.055  Discretionary sales surtaxes; legislative intent;
322	authorization and use of proceeds.--It is the legislative intent
323	that any authorization for imposition of a discretionary sales
324	surtax shall be published in the Florida Statutes as a
325	subsection of this section, irrespective of the duration of the
326	levy. Each enactment shall specify the types of counties
327	authorized to levy; the rate or rates which may be imposed; the
328	maximum length of time the surtax may be imposed, if any; the
329	procedure which must be followed to secure voter approval, if
330	required; the purpose for which the proceeds may be expended;
331	and such other requirements as the Legislature may provide.
332	Taxable transactions and administrative procedures shall be as
333	provided in s. 212.054.
334	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
335	(d)1.  The proceeds of the surtax authorized by this
336	subsection and any accrued interest accrued thereto shall be
337	expended by the school district, or within the county and
338	municipalities within the county, or, in the case of a
339	negotiated joint county agreement, within another county, to
340	finance, plan, and construct infrastructure; and to acquire land
341	for public recreation, or conservation, or protection of natural
342	resources; or and to finance the closure of county-owned or
343	municipally owned solid waste landfills that have been are
344	already closed or are required to be closed close by order of
345	the Department of Environmental Protection. Any use of the such
346	proceeds or interest for purposes of landfill closure before
347	prior to July 1, 1993, is ratified. Neither The proceeds and nor
348	any interest may not accrued thereto shall be used for the
349	operational expenses of any infrastructure, except that a any
350	county that has with a population of fewer less than 75,000 and
351	that is required to close a landfill by order of the Department
352	of Environmental Protection may use the proceeds or any interest
353	accrued thereto for long-term maintenance costs associated with
354	landfill closure. Counties, as defined in s. 125.011 s.
355	125.011(1), and charter counties may, in addition, use the
356	proceeds or and any interest accrued thereto to retire or
357	service indebtedness incurred for bonds issued before prior to
358	July 1, 1987, for infrastructure purposes, and for bonds
359	subsequently issued to refund such bonds. Any use of the such
360	proceeds or interest for purposes of retiring or servicing
361	indebtedness incurred for such refunding bonds before prior to
362	July 1, 1999, is ratified.
363	1.2.  For the purposes of this paragraph, the term
364	"infrastructure" means:
365	a.  Any fixed capital expenditure or fixed capital outlay
366	associated with the construction, reconstruction, or improvement
367	of public facilities that have a life expectancy of 5 or more
368	years and any related land acquisition, land improvement,
369	design, and engineering costs related thereto.
370	b.  A fire department vehicle, an emergency medical service
371	vehicle, a sheriff's office vehicle, a police department
372	vehicle, or any other vehicle, and the such equipment necessary
373	to outfit the vehicle for its official use or equipment that has
374	a life expectancy of at least 5 years.
375	c.  Any expenditure for the construction, lease, or
376	maintenance of, or provision of utilities or security for,
377	facilities, as defined in s. 29.008.
378	d.  Any fixed capital expenditure or fixed capital outlay
379	associated with the improvement of private facilities that have
380	a life expectancy of 5 or more years and that the owner agrees
381	to make available for use on a temporary basis as needed by a
382	local government as a public emergency shelter or a staging area
383	for emergency response equipment during an emergency officially
384	declared by the state or by the local government under s.
385	252.38. Such improvements under this sub-subparagraph are
386	limited to those necessary to comply with current standards for
387	public emergency evacuation shelters. The owner must shall enter
388	into a written contract with the local government providing the
389	improvement funding to make the such private facility available
390	to the public for purposes of emergency shelter at no cost to
391	the local government for a minimum period of 10 years after
392	completion of the improvement, with the provision that the such
393	obligation will transfer to any subsequent owner until the end
394	of the minimum period.
395	e.  Any land expenditure acquisition for a residential
396	housing project in which at least 30 percent of the units are
397	affordable to individuals or families whose total annual
398	household income does not exceed 120 percent of the area median
399	income adjusted for household size, if the land is owned by a
400	local government or by a special district that enters into a
401	written agreement with the local government to provide such
402	housing. The local government or special district may enter into
403	a ground lease with a public or private person or entity for
404	nominal or other consideration for the construction of the
405	residential housing project on land acquired pursuant to this
406	sub-subparagraph.
407	2.3.  Notwithstanding any other provision of this
408	subsection, a local government infrastructure discretionary
409	sales surtax imposed or extended after July 1, 1998, the
410	effective date of this act may allocate up to provide for an
411	amount not to exceed 15 percent of the local option sales surtax
412	proceeds to be allocated for deposit in to a trust fund within
413	the county's accounts created for the purpose of funding
414	economic development projects having of a general public purpose
415	of improving targeted to improve local economies, including the
416	funding of operational costs and incentives related to such
417	economic development. The ballot statement must indicate the
418	intention to make an allocation under the authority of this
419	subparagraph.
420	Section 7.  Present subsections (25) through (41) of
421	section 420.503, Florida Statutes, are redesignated as
422	subsections (26) through (42), respectively, and a new
423	subsection (25) is added to that section to read:
424	420.503  Definitions.--As used in this part, the term:
425	(25)  "Moderate rehabilitation" means repair or restoration
426	of a dwelling unit when the value of such repair or restoration
427	is 40 percent or less of the value of the dwelling but not less
428	than $10,000 per dwelling unit.
429	Section 8.  Section 420.5061, Florida Statutes, is amended
430	to read:
431	420.5061  Transfer of agency assets and liabilities.--The
432	corporation is the legal successor in all respects to the
433	agency, is obligated to the same extent as the agency under any
434	agreements existing on December 31, 1997, and is entitled to any
435	rights and remedies previously afforded the agency by law or
436	contract, including specifically the rights of the agency under
437	chapter 201 and part VI of chapter 159. Effective January 1,
438	1998, all references under Florida law to the agency are deemed
439	to mean the corporation. The corporation shall transfer to the
440	General Revenue Fund an amount which otherwise would have been
441	deducted as a service charge pursuant to s. 215.20(1) if the
442	Florida Housing Finance Corporation Fund established by s.
443	420.508(5), the State Apartment Incentive Loan Fund established
444	by s. 420.5087(7), the Florida Homeownership Assistance Fund
445	established by s. 420.5088(4), the HOME Investment Partnership
446	Fund established by s. 420.5089(1), and the Housing
447	Predevelopment Loan Fund established by s. 420.525(1) were each
448	trust funds. For purposes of s. 112.313, the corporation is
449	deemed to be a continuation of the agency, and the provisions
450	thereof are deemed to apply as if the same entity remained in
451	place. Any employees of the agency and agency board members
452	covered by s. 112.313(9)(a)6. shall continue to be entitled to
453	the exemption in that subparagraph, notwithstanding being hired
454	by the corporation or appointed as board members of the
455	corporation.
456	Section 9.  Subsection (47) is added to section 420.507,
457	Florida Statutes, to read:
458	420.507  Powers of the corporation.--The corporation shall
459	have all the powers necessary or convenient to carry out and
460	effectuate the purposes and provisions of this part, including
461	the following powers which are in addition to all other powers
462	granted by other provisions of this part:
463	(47)  To develop and administer the Florida Public Housing
464	Authority Preservation Grant Program. In developing and
465	administering the program, the corporation may:
466	(a)  Develop criteria for determining the priority for
467	expending grants to preserve and rehabilitate 30-year and older
468	buildings and units under public housing authority control as
469	defined in chapter 421.
470	(b)  Adopt rules for the grant program and exercise the
471	powers authorized in this section.
472	Section 10.  Paragraphs (c) and (l) of subsection (6) of
473	section 420.5087, Florida Statutes, are amended to read:
474	420.5087  State Apartment Incentive Loan Program.--There is
475	hereby created the State Apartment Incentive Loan Program for
476	the purpose of providing first, second, or other subordinated
477	mortgage loans or loan guarantees to sponsors, including for-
478	profit, nonprofit, and public entities, to provide housing
479	affordable to very-low-income persons.
480	(6)  On all state apartment incentive loans, except loans
481	made to housing communities for the elderly to provide for
482	lifesafety, building preservation, health, sanitation, or
483	security-related repairs or improvements, the following
484	provisions shall apply:
485	(c)  The corporation shall provide by rule for the
486	establishment of a review committee composed of the department
487	and corporation staff and shall establish by rule a scoring
488	system for evaluation and competitive ranking of applications
489	submitted in this program, including, but not limited to, the
490	following criteria:
491	1.  Tenant income and demographic targeting objectives of
492	the corporation.
493	2.  Targeting objectives of the corporation which will
494	ensure an equitable distribution of loans between rural and
495	urban areas.
496	3.  Sponsor's agreement to reserve the units for persons or
497	families who have incomes below 50 percent of the state or local
498	median income, whichever is higher, for a time period to exceed
499	the minimum required by federal law or the provisions of this
500	part.
501	4.  Sponsor's agreement to reserve more than:
502	a.  Twenty percent of the units in the project for persons
503	or families who have incomes that do not exceed 50 percent of
504	the state or local median income, whichever is higher; or
505	b.  Forty percent of the units in the project for persons
506	or families who have incomes that do not exceed 60 percent of
507	the state or local median income, whichever is higher, without
508	requiring a greater amount of the loans as provided in this
509	section.
510	5.  Provision for tenant counseling.
511	6.  Sponsor's agreement to accept rental assistance
512	certificates or vouchers as payment for rent.
513	7.  Projects requiring the least amount of a state
514	apartment incentive loan compared to overall project cost except
515	that the share of the loan attributable to units serving
516	extremely-low-income persons shall be excluded from this
517	requirement.
518	8.  Local government contributions and local government
519	comprehensive planning and activities that promote affordable
520	housing.
521	9.  Project feasibility.
522	10.  Economic viability of the project.
523	11.  Commitment of first mortgage financing.
524	12.  Sponsor's prior experience.
525	13.  Sponsor's ability to proceed with construction.
526	14.  Projects that directly implement or assist welfare-to-
527	work transitioning.
528	15.  Projects that reserve units for extremely-low-income
529	persons.
530	16.  Projects that include green building principles,
531	storm-resistant construction, or other elements that reduce
532	long-term costs relating to maintenance, utilities, or
533	insurance.
534	(l)  The proceeds of all loans shall be used for new
535	construction, moderate rehabilitation, or substantial
536	rehabilitation which creates or preserves affordable, safe, and
537	sanitary housing units.
538	Section 11.  Subsection (17) is added to section 420.5095,
539	Florida Statutes, to read:
540	420.5095  Community Workforce Housing Innovation Pilot
541	Program.--
542	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
543	of Florida, that were awarded but have been declined or returned
544	shall be made available for projects that otherwise comply with
545	the provisions of this section and that are created to provide
546	workforce housing for teachers and instructional personnel
547	employed by the school district in the county in which the
548	project is located.
549	(b)  Projects shall be given priority for funding when the
550	school district provides the property for the project pursuant
551	to s. 1001.43.
552	(c)  Projects shall be given priority for funding when the
553	public-private partnership includes the school district and a
554	national nonprofit organization to provide financial support,
555	technical assistance, and training for community-based
556	revitalization efforts.
557	(d)  Projects in counties which had a project selected for
558	funding that declined or returned funds shall be given priority
559	for funding.
560	(e)  Projects shall be selected for funding by requests for
561	proposals.
562	Section 12.  Subsection (5) of section 420.615, Florida
563	Statutes, is amended to read:
564	420.615  Affordable housing land donation density bonus
565	incentives.--
566	(5)  The local government, as part of the approval process,
567	shall adopt a comprehensive plan amendment, pursuant to part II
568	of chapter 163, for the receiving land that incorporates the
569	density bonus. Such amendment shall be deemed by operation of
570	law a small scale amendment, shall be subject only to the
571	requirements of adopted in the manner as required for small-
572	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
573	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
574	is exempt from s. 163.3187(1)(c)1. and the limitation on the
575	frequency of plan amendments as provided in s. 163.3187. An
576	affected person, as defined in s. 163.3184(1), may file a
577	petition for administrative review pursuant to the requirements
578	of s. 163.3187(3) to challenge the compliance of an adopted plan
579	amendment.
580	Section 13.  Section 420.628, Florida Statutes, is created
581	to read:
582	420.628  Affordable housing for children and young adults
583	leaving foster care; legislative findings and intent.--
584	(1)  The Legislature finds that there are many young adults
585	who, through no fault of their own, live in foster families,
586	group homes, and institutions and who face numerous barriers to
587	a successful transition to adulthood.
588	(2)  These youth in foster care are among those who may
589	enter adulthood without the knowledge, skills, attitudes,
590	habits, and relationships that will enable them to be productive
591	members of society.
592	(3)  The main barriers to safe and affordable housing for
593	youth aging out of the foster care system are cost, lack of
594	availability, the unwillingness of many landlords to rent to
595	them, and their own lack of knowledge about how to be good
596	tenants.
597	(4)  The Legislature also finds that young adults who
598	emancipate from the child welfare system are at risk of becoming
599	homeless and those who were formerly in foster care are
600	disproportionately represented in the homeless population.
601	Without the stability of safe housing, all other services,
602	training, and opportunities may not be effective.
603	(5)  The Legislature further finds that making affordable
604	housing available for young adults who transition from foster
605	care decreases their chance of homelessness and may increase
606	their ability to live independently in the future.
607	(6)  The Legislature finds that the Road-to-Independence
608	Program, as described in s. 409.1451, is similar to the Job
609	Training Partnership Act for purposes of s. 42(i)(3)(D)(i)(II)
610	of the Internal Revenue Code.
611	(7)  The Legislature affirms that young adults
612	transitioning out of foster care are to be considered eligible
613	persons, as defined in ss. 420.503(17) and 420.9071(10), for
614	affordable housing purposes and shall be encouraged to
615	participate in state, federal, and local affordable housing
616	programs.
617	(8)  It is therefore the intent of the Legislature to
618	encourage the Florida Housing Finance Corporation, State Housing
619	Initiative Partnership Program agencies, local housing finance
620	agencies, public housing authorities and their agents,
621	developers, and other providers of affordable housing to make
622	affordable housing available to youth transitioning out of
623	foster care whenever and wherever possible.
624	(9)  The Florida Housing Finance Corporation, State Housing
625	Initiative Partnership Program agencies, local housing finance
626	agencies, and public housing authorities shall coordinate with
627	the Department of Children and Family Services and their agents
628	and community-based care providers who are operating pursuant to
629	s. 409.1671 to develop and implement strategies and procedures
630	designed to increase affordable housing opportunities for young
631	adults who are leaving the child welfare system.
632	Section 14.  Subsections (4), (8), (16), and (25) of
633	section 420.9071, Florida Statutes, are amended, and subsections
634	(29) and (30) are added to that section, to read:
635	420.9071  Definitions.--As used in ss. 420.907-420.9079,
636	the term:
637	(4)  "Annual gross income" means annual income as defined
638	under the Section 8 housing assistance payments programs in 24
639	C.F.R. part 5; annual income as reported under the census long
640	form for the recent available decennial census; or adjusted
641	gross income as defined for purposes of reporting under Internal
642	Revenue Service Form 1040 for individual federal annual income
643	tax purposes or as defined by standard practices used in the
644	lending industry as detailed in the local housing assistance
645	plan and approved by the corporation. Counties and eligible
646	municipalities shall calculate income by annualizing verified
647	sources of income for the household as the amount of income to
648	be received in a household during the 12 months following the
649	effective date of the determination.
650	(8)  "Eligible housing" means any real and personal
651	property located within the county or the eligible municipality
652	which is designed and intended for the primary purpose of
653	providing decent, safe, and sanitary residential units that are
654	designed to meet the standards of the Florida Building Code or a
655	predecessor building code adopted under chapter 553, or
656	manufactured housing constructed after June 1994 and installed
657	in accordance with mobile home installation standards of the
658	Department of Highway Safety and Motor Vehicles, for home
659	ownership or rental for eligible persons as designated by each
660	county or eligible municipality participating in the State
661	Housing Initiatives Partnership Program.
662	(16)  "Local housing incentive strategies" means local
663	regulatory reform or incentive programs to encourage or
664	facilitate affordable housing production, which include at a
665	minimum, assurance that permits as defined in s. 163.3164(7) and
666	(8) for affordable housing projects are expedited to a greater
667	degree than other projects; an ongoing process for review of
668	local policies, ordinances, regulations, and plan provisions
669	that increase the cost of housing prior to their adoption; and a
670	schedule for implementing the incentive strategies. Local
671	housing incentive strategies may also include other regulatory
672	reforms, such as those enumerated in s. 420.9076 or those
673	recommended by the affordable housing advisory committee in its
674	triennial evaluation and adopted by the local governing body.
675	(25)  "Recaptured funds" means funds that are recouped by a
676	county or eligible municipality in accordance with the recapture
677	provisions of its local housing assistance plan pursuant to s.
678	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
679	which funds were not used for assistance to an eligible
680	household for an eligible activity, when there is a who default
681	on the terms of a grant award or loan award.
682	(29)  "Assisted housing" or "assisted housing development"
683	means a rental housing development, including rental housing in
684	a mixed-use development, that received or currently receives
685	funding from any federal or state housing program.
686	(30)  "Preservation" means actions taken to keep rents in
687	existing assisted housing affordable for extremely-low-income,
688	very-low-income, low-income, and moderate-income households
689	while ensuring that the property stays in good physical and
690	financial condition for an extended period.
691	Section 15.  Subsection (6) of section 420.9072, Florida
692	Statutes, is amended to read:
693	420.9072  State Housing Initiatives Partnership
694	Program.--The State Housing Initiatives Partnership Program is
695	created for the purpose of providing funds to counties and
696	eligible municipalities as an incentive for the creation of
697	local housing partnerships, to expand production of and preserve
698	affordable housing, to further the housing element of the local
699	government comprehensive plan specific to affordable housing,
700	and to increase housing-related employment.
701	(6)  The moneys that otherwise would be distributed
702	pursuant to s. 420.9073 to a local government that does not meet
703	the program's requirements for receipts of such distributions
704	shall remain in the Local Government Housing Trust Fund to be
705	administered by the corporation pursuant to s. 420.9078.
706	Section 16.  Subsections (1) and (2) of section 420.9073,
707	Florida Statutes, are amended, and subsections (5), (6), and (7)
708	are added to that section, to read:
709	420.9073  Local housing distributions.--
710	(1)  Distributions calculated in this section shall be
711	disbursed on a quarterly or more frequent monthly basis by the
712	corporation beginning the first day of the month after program
713	approval pursuant to s. 420.9072, subject to availability of
714	funds. Each county's share of the funds to be distributed from
715	the portion of the funds in the Local Government Housing Trust
716	Fund received pursuant to s. 201.15(9) shall be calculated by
717	the corporation for each fiscal year as follows:
718	(a)  Each county other than a county that has implemented
719	the provisions of chapter 83-220, Laws of Florida, as amended by
720	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
721	receive the guaranteed amount for each fiscal year.
722	(b)  Each county other than a county that has implemented
723	the provisions of chapter 83-220, Laws of Florida, as amended by
724	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
725	receive an additional share calculated as follows:
726	1.  Multiply each county's percentage of the total state
727	population excluding the population of any county that has
728	implemented the provisions of chapter 83-220, Laws of Florida,
729	as amended by chapters 84-270, 86-152, and 89-252, Laws of
730	Florida, by the total funds to be distributed.
731	2.  If the result in subparagraph 1. is less than the
732	guaranteed amount as determined in subsection (3), that county's
733	additional share shall be zero.
734	3.  For each county in which the result in subparagraph 1.
735	is greater than the guaranteed amount as determined in
736	subsection (3), the amount calculated in subparagraph 1. shall
737	be reduced by the guaranteed amount. The result for each such
738	county shall be expressed as a percentage of the amounts so
739	determined for all counties. Each such county shall receive an
740	additional share equal to such percentage multiplied by the
741	total funds received by the Local Government Housing Trust Fund
742	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
743	to all counties.
744	(2)  Effective July 1, 1995, Distributions calculated in
745	this section shall be disbursed on a quarterly or more frequent
746	monthly basis by the corporation beginning the first day of the
747	month after program approval pursuant to s. 420.9072, subject to
748	availability of funds. Each county's share of the funds to be
749	distributed from the portion of the funds in the Local
750	Government Housing Trust Fund received pursuant to s. 201.15(10)
751	shall be calculated by the corporation for each fiscal year as
752	follows:
753	(a)  Each county shall receive the guaranteed amount for
754	each fiscal year.
755	(b)  Each county may receive an additional share calculated
756	as follows:
757	1.  Multiply each county's percentage of the total state
758	population, by the total funds to be distributed.
759	2.  If the result in subparagraph 1. is less than the
760	guaranteed amount as determined in subsection (3), that county's
761	additional share shall be zero.
762	3.  For each county in which the result in subparagraph 1.
763	is greater than the guaranteed amount, the amount calculated in
764	subparagraph 1. shall be reduced by the guaranteed amount. The
765	result for each such county shall be expressed as a percentage
766	of the amounts so determined for all counties. Each such county
767	shall receive an additional share equal to this percentage
768	multiplied by the total funds received by the Local Government
769	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
770	guaranteed amount paid to all counties.
771	(5)  Notwithstanding subsections (1)-(4), the corporation
772	is authorized to withhold up to $5 million from the total
773	distribution each fiscal year to provide additional funding to
774	counties and eligible municipalities in which a state of
775	emergency has been declared by the Governor pursuant to chapter
776	252. Any portion of such funds not distributed under this
777	subsection by the end of the fiscal year shall be distributed as
778	provided in this section.
779	(6)  Notwithstanding subsections (1)-(4), the corporation
780	is authorized to withhold up to $5 million from the total
781	distribution each fiscal year to provide funding to counties and
782	eligible municipalities to purchase properties subject to a
783	State Housing Initiative Partnership Program lien and on which
784	foreclosure proceedings have been initiated by any mortgagee.
785	Each county and eligible municipality that receives funds under
786	this subsection shall repay such funds to the corporation not
787	later than the expenditure deadline for the fiscal year in which
788	the funds were awarded. Amounts not repaid shall be withheld
789	from the subsequent year's distribution. Any portion of such
790	funds not distributed under this subsection by the end of the
791	fiscal year shall be distributed as provided in this section.
792	(7)  A county or eligible municipality that receives local
793	housing distributions pursuant to this section shall expend
794	those funds in accordance with the provisions of ss. 420.907-
795	420.9079, corporation rule, and its local housing assistance
796	plan.
797	Section 17.  Subsections (1), (3), (5), and (8), paragraphs
798	(a) and (h) of subsection (10), and paragraph (b) of subsection
799	(13) of section 420.9075, Florida Statutes, are amended, and
800	subsection (14) is added to that section, to read:
801	420.9075  Local housing assistance plans; partnerships.--
802	(1)(a)  Each county or eligible municipality participating
803	in the State Housing Initiatives Partnership Program shall
804	develop and implement a local housing assistance plan created to
805	make affordable residential units available to persons of very
806	low income, low income, or moderate income and to persons who
807	have special housing needs, including, but not limited to,
808	homeless people, the elderly, and migrant farmworkers, and
809	persons with disabilities. High-cost counties or eligible
810	municipalities as defined by rule of the corporation may include
811	strategies to assist persons and households having annual
812	incomes of not more than 140 percent of area median income. The
813	plans are intended to increase the availability of affordable
814	residential units by combining local resources and cost-saving
815	measures into a local housing partnership and using private and
816	public funds to reduce the cost of housing.
817	(b)  Local housing assistance plans may allocate funds to:
818	1.  Implement local housing assistance strategies for the
819	provision of affordable housing.
820	2.  Supplement funds available to the corporation to
821	provide enhanced funding of state housing programs within the
822	county or the eligible municipality.
823	3.  Provide the local matching share of federal affordable
824	housing grants or programs.
825	4.  Fund emergency repairs, including, but not limited to,
826	repairs performed by existing service providers under
827	weatherization assistance programs under ss. 409.509-409.5093.
828	5.  Further the housing element of the local government
829	comprehensive plan adopted pursuant to s. 163.3184, specific to
830	affordable housing.
831	(3)(a)  Each local housing assistance plan shall include a
832	definition of essential service personnel for the county or
833	eligible municipality, including, but not limited to, teachers
834	and educators, other school district, community college, and
835	university employees, police and fire personnel, health care
836	personnel, skilled building trades personnel, and other job
837	categories.
838	(b)  Each county and each eligible municipality is
839	encouraged to develop a strategy within its local housing
840	assistance plan that emphasizes the recruitment and retention of
841	essential service personnel. The local government is encouraged
842	to involve public and private sector employers. Compliance with
843	the eligibility criteria established under this strategy shall
844	be verified by the county or eligible municipality.
845	(c)  Each county and each eligible municipality is
846	encouraged to develop a strategy within its local housing
847	assistance plan that addresses the needs of persons who are
848	deprived of affordable housing due to the closure of a mobile
849	home park or the conversion of affordable rental units to
850	condominiums.
851	(d)  Each county and each eligible municipality shall
852	describe initiatives in the local housing assistance plan to
853	encourage or require innovative design, green building
854	principles, storm-resistant construction, or other elements that
855	reduce long-term costs relating to maintenance, utilities, or
856	insurance.
857	(e)  Each county and each eligible municipality is
858	encouraged to develop a strategy within its local housing
859	assistance plan that provides program funds for the preservation
860	of assisted housing.
861	(5)  The following criteria apply to awards made to
862	eligible sponsors or eligible persons for the purpose of
863	providing eligible housing:
864	(a)  At least 65 percent of the funds made available in
865	each county and eligible municipality from the local housing
866	distribution must be reserved for home ownership for eligible
867	persons.
868	(b)  At least 75 percent of the funds made available in
869	each county and eligible municipality from the local housing
870	distribution must be reserved for construction, rehabilitation,
871	or emergency repair of affordable, eligible housing.
872	(c)  Not more than 15 percent of the funds made available
873	in each county and eligible municipality from the local housing
874	distribution may be used for manufactured housing.
875	(d)(c)  The sales price or value of new or existing
876	eligible housing may not exceed 90 percent of the average area
877	purchase price in the statistical area in which the eligible
878	housing is located. Such average area purchase price may be that
879	calculated for any 12-month period beginning not earlier than
880	the fourth calendar year prior to the year in which the award
881	occurs or as otherwise established by the United States
882	Department of the Treasury.
883	(e)(d)1.  All units constructed, rehabilitated, or
884	otherwise assisted with the funds provided from the local
885	housing assistance trust fund must be occupied by very-low-
886	income persons, low-income persons, and moderate-income persons
887	except as otherwise provided in this section.
888	2.  At least 30 percent of the funds deposited into the
889	local housing assistance trust fund must be reserved for awards
890	to very-low-income persons or eligible sponsors who will serve
891	very-low-income persons and at least an additional 30 percent of
892	the funds deposited into the local housing assistance trust fund
893	must be reserved for awards to low-income persons or eligible
894	sponsors who will serve low-income persons. This subparagraph
895	does not apply to a county or an eligible municipality that
896	includes, or has included within the previous 5 years, an area
897	of critical state concern designated or ratified by the
898	Legislature for which the Legislature has declared its intent to
899	provide affordable housing. The exemption created by this act
900	expires on July 1, 2013 2008.
901	(f)(e)  Loans shall be provided for periods not exceeding
902	30 years, except for deferred payment loans or loans that extend
903	beyond 30 years which continue to serve eligible persons.
904	(g)(f)  Loans or grants for eligible rental housing
905	constructed, rehabilitated, or otherwise assisted from the local
906	housing assistance trust fund must be subject to recapture
907	requirements as provided by the county or eligible municipality
908	in its local housing assistance plan unless reserved for
909	eligible persons for 15 years or the term of the assistance,
910	whichever period is longer. Eligible sponsors that offer rental
911	housing for sale before 15 years or that have remaining
912	mortgages funded under this program must give a first right of
913	refusal to eligible nonprofit organizations for purchase at the
914	current market value for continued occupancy by eligible
915	persons.
916	(h)(g)  Loans or grants for eligible owner-occupied housing
917	constructed, rehabilitated, or otherwise assisted from proceeds
918	provided from the local housing assistance trust fund shall be
919	subject to recapture requirements as provided by the county or
920	eligible municipality in its local housing assistance plan.
921	(i)(h)  The total amount of monthly mortgage payments or
922	the amount of monthly rent charged by the eligible sponsor or
923	her or his designee must be made affordable.
924	(j)(i)  The maximum sales price or value per unit and the
925	maximum award per unit for eligible housing benefiting from
926	awards made pursuant to this section must be established in the
927	local housing assistance plan.
928	(k)(j)  The benefit of assistance provided through the
929	State Housing Initiatives Partnership Program must accrue to
930	eligible persons occupying eligible housing. This provision
931	shall not be construed to prohibit use of the local housing
932	distribution funds for a mixed income rental development.
933	(l)(k)  Funds from the local housing distribution not used
934	to meet the criteria established in paragraph (a) or paragraph
935	(b) or not used for the administration of a local housing
936	assistance plan must be used for housing production and finance
937	activities, including, but not limited to, financing
938	preconstruction activities or the purchase of existing units,
939	providing rental housing, and providing home ownership training
940	to prospective home buyers and owners of homes assisted through
941	the local housing assistance plan.
942	1.  Notwithstanding the provisions of paragraphs (a) and
943	(b), program income as defined in s. 420.9071(24) may also be
944	used to fund activities described in this paragraph.
945	2.  When preconstruction due diligence activities conducted
946	as part of a preservation strategy show that preservation of the
947	units is not feasible and will not result in the production of
948	an eligible unit, such costs shall be deemed a program expense
949	rather than an administrative expense if such program expenses
950	do not exceed 3 percent of the annual local housing
951	distribution.
952	3.  If both an award under the local housing assistance
953	plan and federal low-income housing tax credits are used to
954	assist a project and there is a conflict between the criteria
955	prescribed in this subsection and the requirements of s. 42 of
956	the Internal Revenue Code of 1986, as amended, the county or
957	eligible municipality may resolve the conflict by giving
958	precedence to the requirements of s. 42 of the Internal Revenue
959	Code of 1986, as amended, in lieu of following the criteria
960	prescribed in this subsection with the exception of paragraphs
961	(a) and (e) (d) of this subsection.
962	4.  Each county and each eligible municipality may award
963	funds as a grant for construction, rehabilitation, or repair as
964	part of disaster recovery or emergency repairs or to remedy
965	accessibility or health and safety deficiencies. Any other
966	grants must be approved as part of the local housing assistance
967	plan.
968	(8)  Pursuant to s. 420.531, the corporation shall provide
969	training and technical assistance to local governments regarding
970	the creation of partnerships, the design of local housing
971	assistance strategies, the implementation of local housing
972	incentive strategies, and the provision of support services.
973	(10)  Each county or eligible municipality shall submit to
974	the corporation by September 15 of each year a report of its
975	affordable housing programs and accomplishments through June 30
976	immediately preceding submittal of the report. The report shall
977	be certified as accurate and complete by the local government's
978	chief elected official or his or her designee. Transmittal of
979	the annual report by a county's or eligible municipality's chief
980	elected official, or his or her designee, certifies that the
981	local housing incentive strategies, or, if applicable, the local
982	housing incentive plan, have been implemented or are in the
983	process of being implemented pursuant to the adopted schedule
984	for implementation. The report must include, but is not limited
985	to:
986	(a)  The number of households served by income category,
987	age, family size, and race, and data regarding any special needs
988	populations such as farmworkers, homeless persons, persons with
989	disabilities, and the elderly. Counties shall report this
990	information separately for households served in the
991	unincorporated area and each municipality within the county.
992	(h)  Such other data or affordable housing accomplishments
993	considered significant by the reporting county or eligible
994	municipality or by the corporation.
995	(13)
996	(b)  If, as a result of its review of the annual report,
997	the corporation determines that a county or eligible
998	municipality has failed to implement a local housing incentive
999	strategy, or, if applicable, a local housing incentive plan, it
1000	shall send a notice of termination of the local government's
1001	share of the local housing distribution by certified mail to the
1002	affected county or eligible municipality.
1003	1.  The notice must specify a date of termination of the
1004	funding if the affected county or eligible municipality does not
1005	implement the plan or strategy and provide for a local response.
1006	A county or eligible municipality shall respond to the
1007	corporation within 30 days after receipt of the notice of
1008	termination.
1009	2.  The corporation shall consider the local response that
1010	extenuating circumstances precluded implementation and grant an
1011	extension to the timeframe for implementation. Such an extension
1012	shall be made in the form of an extension agreement that
1013	provides a timeframe for implementation. The chief elected
1014	official of a county or eligible municipality or his or her
1015	designee shall have the authority to enter into the agreement on
1016	behalf of the local government.
1017	3.  If the county or the eligible municipality has not
1018	implemented the incentive strategy or entered into an extension
1019	agreement by the termination date specified in the notice, the
1020	local housing distribution share terminates, and any uncommitted
1021	local housing distribution funds held by the affected county or
1022	eligible municipality in its local housing assistance trust fund
1023	shall be transferred to the Local Government Housing Trust Fund
1024	to the credit of the corporation to administer pursuant to s.
1025	420.9078.
1026	4.a.  If the affected local government fails to meet the
1027	timeframes specified in the agreement, the corporation shall
1028	terminate funds. The corporation shall send a notice of
1029	termination of the local government's share of the local housing
1030	distribution by certified mail to the affected local government.
1031	The notice shall specify the termination date, and any
1032	uncommitted funds held by the affected local government shall be
1033	transferred to the Local Government Housing Trust Fund to the
1034	credit of the corporation to administer pursuant to s. 420.9078.
1035	b.  If the corporation terminates funds to a county, but an
1036	eligible municipality receiving a local housing distribution
1037	pursuant to an interlocal agreement maintains compliance with
1038	program requirements, the corporation shall thereafter
1039	distribute directly to the participating eligible municipality
1040	its share calculated in the manner provided in s. 420.9072.
1041	c.  Any county or eligible municipality whose local
1042	distribution share has been terminated may subsequently elect to
1043	receive directly its local distribution share by adopting the
1044	ordinance, resolution, and local housing assistance plan in the
1045	manner and according to the procedures provided in ss. 420.907-
1046	420.9079.
1047	(14)  If the corporation determines that a county or
1048	eligible municipality has expended program funds for an
1049	ineligible activity, the corporation shall require such funds to
1050	be repaid to the local housing assistance trust fund. Such
1051	repayment may not be made with funds from State Housing
1052	Initiatives Partnership Program funds.
1053	Section 18.  Paragraph (h) of subsection (2), subsections
1054	(5) and (6), and paragraph (a) of subsection (7) of section
1055	420.9076, Florida Statutes, are amended to read:
1056	420.9076  Adoption of affordable housing incentive
1057	strategies; committees.--
1058	(2)  The governing board of a county or municipality shall
1059	appoint the members of the affordable housing advisory committee
1060	by resolution. Pursuant to the terms of any interlocal
1061	agreement, a county and municipality may create and jointly
1062	appoint an advisory committee to prepare a joint plan. The
1063	ordinance adopted pursuant to s. 420.9072 which creates the
1064	advisory committee or the resolution appointing the advisory
1065	committee members must provide for 11 committee members and
1066	their terms. The committee must include:
1067	(h)  One citizen who actively serves on the local planning
1068	agency pursuant to s. 163.3174. If the local planning agency is
1069	comprised of the county or municipality commission, the
1070	commission may appoint a designee who is knowledgeable in the
1071	local planning process.
1072
1073	If a county or eligible municipality whether due to its small
1074	size, the presence of a conflict of interest by prospective
1075	appointees, or other reasonable factor, is unable to appoint a
1076	citizen actively engaged in these activities in connection with
1077	affordable housing, a citizen engaged in the activity without
1078	regard to affordable housing may be appointed. Local governments
1079	that receive the minimum allocation under the State Housing
1080	Initiatives Partnership Program may elect to appoint an
1081	affordable housing advisory committee with fewer than 11
1082	representatives if they are unable to find representatives who
1083	meet the criteria of paragraphs (a)-(k).
1084	(5)  The approval by the advisory committee of its local
1085	housing incentive strategies recommendations and its review of
1086	local government implementation of previously recommended
1087	strategies must be made by affirmative vote of a majority of the
1088	membership of the advisory committee taken at a public hearing.
1089	Notice of the time, date, and place of the public hearing of the
1090	advisory committee to adopt its evaluation and final local
1091	housing incentive strategies recommendations must be published
1092	in a newspaper of general paid circulation in the county. The
1093	notice must contain a short and concise summary of the
1094	evaluation and local housing incentives strategies
1095	recommendations to be considered by the advisory committee. The
1096	notice must state the public place where a copy of the
1097	evaluation and tentative advisory committee recommendations can
1098	be obtained by interested persons. The final report, evaluation,
1099	and recommendations shall be submitted to the corporation.
1100	(6)  Within 90 days after the date of receipt of the
1101	evaluation and local housing incentive strategies
1102	recommendations from the advisory committee, the governing body
1103	of the appointing local government shall adopt an amendment to
1104	its local housing assistance plan to incorporate the local
1105	housing incentive strategies it will implement within its
1106	jurisdiction. The amendment must include, at a minimum, the
1107	local housing incentive strategies required under s.
1108	420.9071(16). The local government must consider the strategies
1109	specified in paragraphs (4)(a)-(k) as recommended by the
1110	advisory committee.
1111	(7)  The governing board of the county or the eligible
1112	municipality shall notify the corporation by certified mail of
1113	its adoption of an amendment of its local housing assistance
1114	plan to incorporate local housing incentive strategies. The
1115	notice must include a copy of the approved amended plan.
1116	(a)  If the corporation fails to receive timely the
1117	approved amended local housing assistance plan to incorporate
1118	local housing incentive strategies, a notice of termination of
1119	its share of the local housing distribution shall be sent by
1120	certified mail by the corporation to the affected county or
1121	eligible municipality. The notice of termination must specify a
1122	date of termination of the funding if the affected county or
1123	eligible municipality has not adopted an amended local housing
1124	assistance plan to incorporate local housing incentive
1125	strategies. If the county or the eligible municipality has not
1126	adopted an amended local housing assistance plan to incorporate
1127	local housing incentive strategies by the termination date
1128	specified in the notice of termination, the local distribution
1129	share terminates; and any uncommitted local distribution funds
1130	held by the affected county or eligible municipality in its
1131	local housing assistance trust fund shall be transferred to the
1132	Local Government Housing Trust Fund to the credit of the
1133	corporation to administer the local government housing program
1134	pursuant to s. 420.9078.
1135	Section 19.  Section 420.9078, Florida Statutes, is
1136	repealed.
1137	Section 20.  Section 420.9079, Florida Statutes, is amended
1138	to read:
1139	420.9079  Local Government Housing Trust Fund.--
1140	(1)  There is created in the State Treasury the Local
1141	Government Housing Trust Fund, which shall be administered by
1142	the corporation on behalf of the department according to the
1143	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1144	section. There shall be deposited into the fund a portion of the
1145	documentary stamp tax revenues as provided in s. 201.15, moneys
1146	received from any other source for the purposes of ss. 420.907-
1147	420.9076 420.907-420.9078 and this section, and all proceeds
1148	derived from the investment of such moneys. Moneys in the fund
1149	that are not currently needed for the purposes of the programs
1150	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1151	and this section shall be deposited to the credit of the fund
1152	and may be invested as provided by law. The interest received on
1153	any such investment shall be credited to the fund.
1154	(2)  The corporation shall administer the fund exclusively
1155	for the purpose of implementing the programs described in ss.
1156	420.907-420.9076 420.907-420.9078 and this section. With the
1157	exception of monitoring the activities of counties and eligible
1158	municipalities to determine local compliance with program
1159	requirements, the corporation shall not receive appropriations
1160	from the fund for administrative or personnel costs. For the
1161	purpose of implementing the compliance monitoring provisions of
1162	s. 420.9075(9), the corporation may request a maximum of one-
1163	quarter of 1 percent of the annual appropriation per state
1164	fiscal year. When such funding is appropriated, the corporation
1165	shall deduct the amount appropriated prior to calculating the
1166	local housing distribution pursuant to ss. 420.9072 and
1167	420.9073.
1168	Section 21.  Section 624.46227, Florida Statutes, is
1169	created to read:
1170	624.46227  Public housing authorities; insurance covering
1171	the peril of wind.--
1172	(1)  Property insurance, including coverage for the peril
1173	of wind, shall be obtained and maintained on any affordable
1174	housing that is:
1175	(a)  Owned or operated by a public housing authority as
1176	defined in chapter 421; and
1177	(b)  Located in areas eligible for coverage in the Florida
1178	Windstorm Underwriting Association, as those areas were defined
1179	on January 1, 2002, or located in the area within Port
1180	Canaveral, which is bordered on the south by the City of Cape
1181	Canaveral, bordered on the west by the Banana River, and
1182	bordered on the north by Federal Government property.
1183	(2)  Coverage for the peril of wind, as required by this
1184	section, must be based on a minimum of a 1-in-250-year storm
1185	model approved by the Florida Commission on Hurricane Loss
1186	Projection Methodology.
1187	Section 22.  Subsection (12) of section 1001.43, Florida
1188	Statutes, is amended to read:
1189	1001.43  Supplemental powers and duties of district school
1190	board.--The district school board may exercise the following
1191	supplemental powers and duties as authorized by this code or
1192	State Board of Education rule.
1193	(12)  AFFORDABLE HOUSING.--A district school board may use
1194	portions of school sites purchased within the guidelines of the
1195	State Requirements for Educational Facilities, land deemed not
1196	usable for educational purposes because of location or other
1197	factors, or land declared as surplus by the board to provide
1198	sites for affordable housing for teachers and other district
1199	personnel and, in areas of critical state concern, for other
1200	essential services personnel as defined by local affordable
1201	housing eligibility requirements, independently or in
1202	conjunction with other agencies as described in subsection (5).
1203	Section 23.  This act shall take effect July 1, 2008.

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