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 |
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108 | Be It Enacted by the Legislature of the State of Florida: |
109 |
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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. |