Florida Senate - 2009                                    SB 1040
       
       
       
       By Senator Bennett
       
       
       
       
       21-01488-09                                           20091040__
    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
    4         certain tax revenues for workforce, affordable, and
    5         employee housing; amending s. 159.807, F.S.; providing
    6         limitations on the Florida Housing Finance
    7         Corporation's access to the state allocation pool;
    8         deleting a provision exempting the corporation from
    9         the applicability of certain uses of the state
   10         allocation pool and revising language relating to such
   11         uses; creating s. 193.018, F.S.; providing for the
   12         assessment of property receiving the low-income
   13         housing tax credit; defining the term “community land
   14         trust”; providing for the assessment of structural
   15         improvements, condominium parcels, and cooperative
   16         parcels on land owned by a community land trust and
   17         used to provide affordable housing; providing for the
   18         conveyance of structural improvements, condominium
   19         parcels, and cooperative parcels subject to certain
   20         conditions; specifying the criteria to be used in
   21         arriving at just valuation of a structural
   22         improvement, condominium parcel, or cooperative
   23         parcel; amending s. 196.196, F.S.; providing
   24         additional criteria for determining whether certain
   25         affordable housing property owned by certain exempt
   26         organizations is entitled to an exemption from ad
   27         valorem taxation; providing a definition; amending s.
   28         196.1978, F.S.; providing that property owned by
   29         certain nonprofit entities or Florida-based limited
   30         partnerships and used or held for the purpose of
   31         providing affordable housing to certain income
   32         qualified persons is exempt from ad valorem taxation;
   33         revising legislative intent; subjecting organizations
   34         owning certain property to ad valorem taxation under
   35         certain circumstances; providing for tax liens;
   36         providing for penalties and interest; providing an
   37         exception; providing notice requirements; amending s.
   38         212.055, F.S.; redefining the term “infrastructure” to
   39         allow the proceeds of a local government
   40         infrastructure surtax to be used to purchase land for
   41         certain purposes relating to construction of
   42         affordable housing; amending s. 420.503, F.S.;
   43         defining the term “moderate rehabilitation” for
   44         purposes of the Florida Housing Finance Corporation
   45         Act; amending s. 420.5061, F.S.; removing a provision
   46         requiring the Florida Housing Finance Corporation to
   47         transfer certain funds to the General Revenue Fund;
   48         amending s. 420.507, F.S.; providing the corporation
   49         with certain powers relating to developing and
   50         administering a grant program; amending s. 420.5087,
   51         F.S.; revising purposes for which state apartment
   52         incentive loans may be used; amending s. 420.5095,
   53         F.S.; providing for the disbursement of certain
   54         Community Workforce Housing Innovation Pilot Program
   55         funds that were awarded but have been declined or
   56         returned; amending s. 420.615, F.S.; revising
   57         provisions relating to comprehensive plan amendments;
   58         authorizing certain persons to challenge the
   59         compliance of an amendment; creating s. 420.628, F.S.;
   60         providing legislative findings and intent; requiring
   61         certain governmental entities to develop and implement
   62         strategies and procedures designed to increase
   63         affordable housing opportunities for young adults who
   64         are leaving the child welfare system; amending s.
   65         420.9071, F.S.; revising and providing definitions;
   66         amending s. 420.9072, F.S.; conforming a cross
   67         reference; amending s. 420.9073, F.S.; revising the
   68         frequency with which local housing distributions are
   69         to be made by the corporation; authorizing the
   70         corporation to withhold funds from the total
   71         distribution annually for specified purposes;
   72         requiring counties and eligible municipalities that
   73         receive local housing distributions to expend those
   74         funds in a specified manner; amending s. 420.9075,
   75         F.S.; requiring that local housing assistance plans
   76         address the special housing needs of persons with
   77         disabilities; authorizing the corporation to define
   78         high-cost counties and eligible municipalities by
   79         rule; authorizing high-cost counties and certain
   80         municipalities to assist persons and households
   81         meeting specific income requirements; revising
   82         requirements to be included in the local housing
   83         assistance plan; requiring counties and certain
   84         municipalities to include certain initiatives and
   85         strategies in the local housing assistance plan;
   86         revising criteria that applies to awards made for the
   87         purpose of providing eligible housing; authorizing and
   88         limiting the percentage of funds from the local
   89         housing distribution that may be used for manufactured
   90         housing; extending the expiration date of an exemption
   91         from certain income requirements in specified areas;
   92         authorizing the use of certain funds for
   93         preconstruction activities; providing that certain
   94         costs are a program expense; authorizing counties and
   95         certain municipalities to award grant funds under
   96         certain conditions; providing for the repayment of
   97         funds by the local housing assistance trust fund;
   98         amending s. 420.9076, F.S.; revising appointments to a
   99         local affordable housing advisory committee; revising
  100         notice requirements for public hearings of the
  101         advisory committee; requiring the committee's final
  102         report, evaluation, and recommendations to be
  103         submitted to the corporation; deleting cross
  104         references to conform to changes made by the act;
  105         repealing s. 420.9078, F.S., relating to state
  106         administration of funds remaining in the Local
  107         Government Housing Trust Fund; amending s. 420.9079,
  108         F.S.; conforming cross-references; amending s.
  109         1001.43, F.S.; revising district school board powers
  110         and duties in relation to use of land for affordable
  111         housing in certain areas for certain personnel;
  112         providing an effective date.
  113         
  114  Be It Enacted by the Legislature of the State of Florida:
  115         
  116         Section 1. Paragraph (m) of subsection (3) of section
  117  125.0104, Florida Statutes, is amended to read:
  118         125.0104 Tourist development tax; procedure for levying;
  119  authorized uses; referendum; enforcement.—
  120         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
  121         (m)1. In addition to any other tax which is imposed
  122  pursuant to this section, a high tourism impact county may
  123  impose an additional 1-percent tax on the exercise of the
  124  privilege described in paragraph (a) by extraordinary vote of
  125  the governing board of the county. The tax revenues received
  126  pursuant to this paragraph shall be used for one or more of the
  127  authorized uses pursuant to subsection (5). In addition, any
  128  high tourism impact county that is designated as an area of
  129  critical state concern pursuant to chapter 380 may also use
  130  revenues received pursuant to this paragraph for affordable or
  131  workforce housing as defined in chapter 420 or for affordable,
  132  workforce, or employee housing as defined in any adopted
  133  comprehensive plan, land development regulation, or local
  134  housing assistance plan. Such authority for the use of revenues
  135  for workforce, affordable, or employee housing shall extend for
  136  10 years after the date of any de-designation of a location as
  137  an area of critical state concern or for the period of time
  138  required under any bond or other financing issued in accordance
  139  with or based upon the authority granted pursuant to the
  140  provisions of this section. Revenues derived pursuant to this
  141  paragraph shall be bondable in accordance with other laws
  142  regarding revenue bonding. If a high tourism impact county
  143  designated as an area of critical state concern enacts the tax
  144  specified in this paragraph, the revenue generated shall be
  145  directed by the county commission by ordinance. If the county
  146  commission does not enact such an ordinance, the revenue
  147  generated shall be distributed among incorporated and
  148  unincorporated areas based on the location of the living
  149  quarters or accommodations that are leased or rented. However,
  150  nothing in this paragraph shall preclude an interlocal agreement
  151  between local governments for the use of funds received pursuant
  152  to this paragraph in a manner that addresses the provision of
  153  affordable and workforce housing opportunities on a regional
  154  basis or in accordance with a multijurisdictional housing
  155  strategy, program, or policy.
  156         2. A county is considered to be a high tourism impact
  157  county after the Department of Revenue has certified to such
  158  county that the sales subject to the tax levied pursuant to this
  159  section exceeded $600 million during the previous calendar year,
  160  or were at least 18 percent of the county's total taxable sales
  161  under chapter 212 where the sales subject to the tax levied
  162  pursuant to this section were a minimum of $200 million, except
  163  that no county authorized to levy a convention development tax
  164  pursuant to s. 212.0305 shall be considered a high tourism
  165  impact county. Once a county qualifies as a high tourism impact
  166  county, it shall retain this designation for the period the tax
  167  is levied pursuant to this paragraph.
  168         3. The provisions of paragraphs (4)(a)-(d) shall not apply
  169  to the adoption of the additional tax authorized in this
  170  paragraph. The effective date of the levy and imposition of the
  171  tax authorized under this paragraph shall be the first day of
  172  the second month following approval of the ordinance by the
  173  governing board or the first day of any subsequent month as may
  174  be specified in the ordinance. A certified copy of such
  175  ordinance shall be furnished by the county to the Department of
  176  Revenue within 10 days after approval of such ordinance.
  177         Section 2. Subsection (4) of section 159.807, Florida
  178  Statutes, is amended to read:
  179         159.807 State allocation pool.—
  180         (4)(a) The state allocation pool shall also be used to
  181  provide written confirmations for private activity bonds that
  182  are to be issued by state agencies, which bonds, notwithstanding
  183  any other provisions of this part, shall receive priority in the
  184  use of the pool available at the time the notice of intent to
  185  issue such bonds is filed with the division.
  186         (b) Notwithstanding the provisions of paragraph (a), on or
  187  before November 15 of each year, the Florida Housing Finance
  188  Corporation's access to the state allocation pool is limited to
  189  the amount of the corporation's initial allocation under s.
  190  159.804. Thereafter, the corporation may not receive more than
  191  80 percent of the amount in the state allocation pool on
  192  November 16 of each year, and may not receive more than 80
  193  percent of any additional amounts that become available during
  194  the remainder of the calendar year, provided the limitations set
  195  forth in this paragraph shall not apply to the allocation of
  196  state volume limitation to the Florida Housing Finance
  197  Corporation pursuant to s. 159.81(2)(b), (c), or (d). This
  198  subsection does not apply to the Florida Housing Finance
  199  Corporation:
  200         1. Until its allocation pursuant to s. 159.804(3) has been
  201  exhausted, is unavailable, or is inadequate to provide an
  202  allocation pursuant to s. 159.804(3) and any carryforwards of
  203  volume limitation from prior years for the same carryforward
  204  purpose, as that term is defined in s. 146 of the Code, as the
  205  bonds it intends to issue have been completely utilized or have
  206  expired.
  207         2. Prior to July 1 of any year, when housing bonds for
  208  which the Florida Housing Finance Corporation has made an
  209  assignment of its allocation permitted by s. 159.804(3)(c) have
  210  not been issued.
  211         Section 3. Section 193.018, Florida Statutes, is created to
  212  read:
  213         193.018 Land owned by a community land trust used to
  214  provide affordable housing; assessment; structural improvements,
  215  condominium parcels, and cooperative parcels.—
  216         (1) As used in this section, the term “community land
  217  trust” means a nonprofit entity that is qualified as charitable
  218  under s. 501(c)(3) of the Internal Revenue Code and has as one
  219  of its purposes the acquisition of land to be held in perpetuity
  220  for the primary purpose of providing affordable homeownership.
  221         (2) A community land trust may convey structural
  222  improvements, condominium parcels, or cooperative parcels, that
  223  are located on specific parcels of land that are identified by a
  224  legal description contained in and subject to a ground lease
  225  having a term of at least 99 years, for the purpose of providing
  226  affordable housing to natural persons or families who meet the
  227  extremely-low-income, very-low-income, low-income, or moderate
  228  income limits specified in s. 420.0004, or the income limits for
  229  workforce housing, as defined in s. 420.5095(3). A community
  230  land trust shall retain a preemptive option to purchase any
  231  structural improvements, condominium parcels, or cooperative
  232  parcels on the land at a price determined by a formula specified
  233  in the ground lease which is designed to ensure that the
  234  structural improvements, condominium parcels, or cooperative
  235  parcels remain affordable.
  236         (3) In arriving at just valuation under s. 193.011, a
  237  structural improvement, condominium parcel, or cooperative
  238  parcel providing affordable housing on land owned by a community
  239  land trust, and the land owned by a community land trust that is
  240  subject to a 99-year or longer ground lease, shall be assessed
  241  using the following criteria:
  242         (a) The amount a willing purchaser would pay a willing
  243  seller for the land is limited to an amount commensurate with
  244  the terms of the ground lease that restricts the use of the land
  245  to the provision of affordable housing in perpetuity.
  246         (b) The amount a willing purchaser would pay a willing
  247  seller for resale-restricted improvements, condominium parcels,
  248  or cooperative parcels is limited to the amount determined by
  249  the formula in the ground lease.
  250         (c) If the ground lease and all amendments and supplements
  251  thereto, or a memorandum documenting how such lease and
  252  amendments or supplements restrict the price at which the
  253  improvements, condominium parcels, or cooperative parcels may be
  254  sold, is recorded in the official public records of the county
  255  in which the leased land is located, the recorded lease and any
  256  amendments and supplements, or the recorded memorandum, shall be
  257  deemed a land use regulation during the term of the lease as
  258  amended or supplemented.
  259         Section 4. Subsection (5) is added to section 196.196,
  260  Florida Statutes, to read:
  261         196.196 Determining whether property is entitled to
  262  charitable, religious, scientific, or literary exemption.—
  263         (5) Property owned by an exempt organization qualified as
  264  charitable under s. 501(c)(3) of the Internal Revenue Code is
  265  used for a charitable purpose if the organization has taken
  266  affirmative steps to prepare the property to provide affordable
  267  housing to persons or families that meet the extremely-low
  268  income, very-low-income, low-income, or moderate-income limits,
  269  as specified in s. 420.0004. The term “affirmative steps” means
  270  environmental or land use permitting activities, creation of
  271  architectural plans or schematic drawings, land clearing or site
  272  preparation, construction or renovation activities, or other
  273  similar activities that demonstrate a commitment of the property
  274  to providing affordable housing.
  275         Section 5. Section 196.1978, Florida Statutes, is amended
  276  to read:
  277         196.1978 Affordable housing property exemption.—
  278         (1) Property used to provide affordable housing serving
  279  eligible persons as defined by s. 159.603(7) and natural persons
  280  or families meeting the extremely-low-income, very-low-income,
  281  low-income, or moderate-income persons meeting income limits
  282  specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),
  283  which property is owned entirely by a nonprofit entity that is a
  284  corporation not for profit, qualified as charitable under s.
  285  501(c)(3) of the Internal Revenue Code and in compliance with
  286  Rev. Proc. 96-32, 1996-1 C.B. 717, or a Florida-based limited
  287  partnership, the sole general partner of which is a corporation
  288  not for profit which is qualified as charitable under s.
  289  501(c)(3) of the Internal Revenue Code and which complies with
  290  Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
  291  owned by an exempt entity and used for a charitable purpose, and
  292  those portions of the affordable housing property which provide
  293  housing to natural persons or families classified as extremely
  294  low income, very low income, low income, or moderate income
  295  under s. 420.0004 individuals with incomes as defined in s.
  296  420.0004(10) and (15) shall be exempt from ad valorem taxation
  297  to the extent authorized in s. 196.196. All property identified
  298  in this section shall comply with the criteria for determination
  299  of exempt status to be applied by property appraisers on an
  300  annual basis as defined in s. 196.195. The Legislature intends
  301  that any property owned by a limited liability company or
  302  limited partnership which is disregarded as an entity for
  303  federal income tax purposes pursuant to Treasury Regulation
  304  301.7701-3(b)(1)(ii) shall be treated as owned by its sole
  305  member or sole general partner.
  306         (2) If property owned by an organization granted an
  307  exemption under s. 196.196(5) is transferred for a purpose other
  308  than directly providing affordable homeownership or rental
  309  housing to persons or families who meet the extremely-low
  310  income, very-low-income, low-income, or moderate-income limits,
  311  as specified in s. 420.0004, or is not in actual use to provide
  312  such affordable housing within 5 years after the date the
  313  organization is granted the exemption, the property appraiser
  314  making such determination shall serve upon the organization that
  315  illegally or improperly received the exemption a notice of
  316  intent to record in the public records of the county a notice of
  317  tax lien against any property owned by that organization in the
  318  county, and such property shall be identified in the notice of
  319  tax lien. The organization owning such property is subject to
  320  the taxes otherwise due and owing as a result of the failure to
  321  use the property to provide affordable housing plus 15 percent
  322  interest per annum and a penalty of 50 percent of the taxes
  323  owed. Such lien, when filed, attaches to any property identified
  324  in the notice of tax lien owned by the organization that
  325  illegally or improperly received the exemption. If such
  326  organization no longer owns property in the county but owns
  327  property in any other county in the state, the property
  328  appraiser shall record in each such other county a notice of tax
  329  lien identifying the property owned by such organization in such
  330  county which shall become a lien against the identified
  331  property. If an exemption is improperly granted as a result of a
  332  clerical mistake or an omission by the property appraiser, the
  333  organization improperly receiving the exemption shall not be
  334  assessed penalty and interest. Before any such lien may be
  335  filed, the organization so notified must be given 30 days to pay
  336  the taxes, penalties, and interest. The 5-year limitation
  337  specified in this subsection may be extended provided the holder
  338  of the exemption continues to take affirmative steps to develop
  339  the property for the purposes specified in this subsection.
  340         Section 6. Paragraph (d) of subsection (2) of section
  341  212.055, Florida Statutes, is amended to read:
  342         212.055 Discretionary sales surtaxes; legislative intent;
  343  authorization and use of proceeds.—It is the legislative intent
  344  that any authorization for imposition of a discretionary sales
  345  surtax shall be published in the Florida Statutes as a
  346  subsection of this section, irrespective of the duration of the
  347  levy. Each enactment shall specify the types of counties
  348  authorized to levy; the rate or rates which may be imposed; the
  349  maximum length of time the surtax may be imposed, if any; the
  350  procedure which must be followed to secure voter approval, if
  351  required; the purpose for which the proceeds may be expended;
  352  and such other requirements as the Legislature may provide.
  353  Taxable transactions and administrative procedures shall be as
  354  provided in s. 212.054.
  355         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  356         (d)1. The proceeds of the surtax authorized by this
  357  subsection and any accrued interest accrued thereto shall be
  358  expended by the school district, or within the county and
  359  municipalities within the county, or, in the case of a
  360  negotiated joint county agreement, within another county, to
  361  finance, plan, and construct infrastructure; and to acquire land
  362  for public recreation, or conservation, or protection of natural
  363  resources; or and to finance the closure of county-owned or
  364  municipally owned solid waste landfills that have been are
  365  already closed or are required to be closed close by order of
  366  the Department of Environmental Protection. Any use of the such
  367  proceeds or interest for purposes of landfill closure before
  368  prior to July 1, 1993, is ratified. Neither The proceeds and nor
  369  any interest may not accrued thereto shall be used for the
  370  operational expenses of any infrastructure, except that a any
  371  county that has with a population of fewer less than 75,000 and
  372  that is required to close a landfill by order of the Department
  373  of Environmental Protection may use the proceeds or any interest
  374  accrued thereto for long-term maintenance costs associated with
  375  landfill closure. Counties, as defined in s. 125.011 s.
  376  125.011(1), and charter counties may, in addition, use the
  377  proceeds or and any interest accrued thereto to retire or
  378  service indebtedness incurred for bonds issued before prior to
  379  July 1, 1987, for infrastructure purposes, and for bonds
  380  subsequently issued to refund such bonds. Any use of the such
  381  proceeds or interest for purposes of retiring or servicing
  382  indebtedness incurred for such refunding bonds before prior to
  383  July 1, 1999, is ratified.
  384         1.2. For the purposes of this paragraph, the term
  385  “infrastructure” means:
  386         a. Any fixed capital expenditure or fixed capital outlay
  387  associated with the construction, reconstruction, or improvement
  388  of public facilities that have a life expectancy of 5 or more
  389  years and any related land acquisition, land improvement,
  390  design, and engineering costs related thereto.
  391         b. A fire department vehicle, an emergency medical service
  392  vehicle, a sheriff's office vehicle, a police department
  393  vehicle, or any other vehicle, and the such equipment necessary
  394  to outfit the vehicle for its official use or equipment that has
  395  a life expectancy of at least 5 years.
  396         c. Any expenditure for the construction, lease, or
  397  maintenance of, or provision of utilities or security for,
  398  facilities, as defined in s. 29.008.
  399         d. Any fixed capital expenditure or fixed capital outlay
  400  associated with the improvement of private facilities that have
  401  a life expectancy of 5 or more years and that the owner agrees
  402  to make available for use on a temporary basis as needed by a
  403  local government as a public emergency shelter or a staging area
  404  for emergency response equipment during an emergency officially
  405  declared by the state or by the local government under s.
  406  252.38. Such improvements under this sub-subparagraph are
  407  limited to those necessary to comply with current standards for
  408  public emergency evacuation shelters. The owner must shall enter
  409  into a written contract with the local government providing the
  410  improvement funding to make the such private facility available
  411  to the public for purposes of emergency shelter at no cost to
  412  the local government for a minimum period of 10 years after
  413  completion of the improvement, with the provision that the such
  414  obligation will transfer to any subsequent owner until the end
  415  of the minimum period.
  416         e. Any land expenditure acquisition for a residential
  417  housing project in which at least 30 percent of the units are
  418  affordable to individuals or families whose total annual
  419  household income does not exceed 120 percent of the area median
  420  income adjusted for household size, if the land is owned by a
  421  local government or by a special district that enters into a
  422  written agreement with the local government to provide such
  423  housing. The local government or special district may enter into
  424  a ground lease with a public or private person or entity for
  425  nominal or other consideration for the construction of the
  426  residential housing project on land acquired pursuant to this
  427  sub-subparagraph.
  428         2.3. Notwithstanding any other provision of this
  429  subsection, a local government infrastructure discretionary
  430  sales surtax imposed or extended after July 1, 1998, the
  431  effective date of this act may allocate up to provide for an
  432  amount not to exceed 15 percent of the local option sales surtax
  433  proceeds to be allocated for deposit in to a trust fund within
  434  the county's accounts created for the purpose of funding
  435  economic development projects having of a general public purpose
  436  of improving targeted to improve local economies, including the
  437  funding of operational costs and incentives related to such
  438  economic development. The ballot statement must indicate the
  439  intention to make an allocation under the authority of this
  440  subparagraph.
  441         Section 7. Present subsections (25) through (41) of section
  442  420.503, Florida Statutes, are redesignated as subsections (26)
  443  through (42), respectively, and a new subsection (25) is added
  444  to that section to read:
  445         420.503 Definitions.—As used in this part, the term:
  446         (25) “Moderate rehabilitation” means repair or restoration
  447  of a dwelling unit when the value of such repair or restoration
  448  is 40 percent or less of the value of the dwelling but not less
  449  than $10,000 per dwelling unit.
  450         Section 8. Section 420.5061, Florida Statutes, is amended
  451  to read:
  452         420.5061 Transfer of agency assets and liabilities.—The
  453  corporation is the legal successor in all respects to the
  454  agency, is obligated to the same extent as the agency under any
  455  agreements existing on December 31, 1997, and is entitled to any
  456  rights and remedies previously afforded the agency by law or
  457  contract, including specifically the rights of the agency under
  458  chapter 201 and part VI of chapter 159. Effective January 1,
  459  1998, all references under Florida law to the agency are deemed
  460  to mean the corporation. The corporation shall transfer to the
  461  General Revenue Fund an amount which otherwise would have been
  462  deducted as a service charge pursuant to s. 215.20(1) if the
  463  Florida Housing Finance Corporation Fund established by s.
  464  420.508(5), the State Apartment Incentive Loan Fund established
  465  by s. 420.5087(7), the Florida Homeownership Assistance Fund
  466  established by s. 420.5088(4), the HOME Investment Partnership
  467  Fund established by s. 420.5089(1), and the Housing
  468  Predevelopment Loan Fund established by s. 420.525(1) were each
  469  trust funds. For purposes of s. 112.313, the corporation is
  470  deemed to be a continuation of the agency, and the provisions
  471  thereof are deemed to apply as if the same entity remained in
  472  place. Any employees of the agency and agency board members
  473  covered by s. 112.313(9)(a)6. shall continue to be entitled to
  474  the exemption in that subparagraph, notwithstanding being hired
  475  by the corporation or appointed as board members of the
  476  corporation.
  477         Section 9. Subsection (47) is added to section 420.507,
  478  Florida Statutes, to read:
  479         420.507 Powers of the corporation.—The corporation shall
  480  have all the powers necessary or convenient to carry out and
  481  effectuate the purposes and provisions of this part, including
  482  the following powers which are in addition to all other powers
  483  granted by other provisions of this part:
  484         (47) To develop and administer the Florida Public Housing
  485  Authority Preservation Grant Program. In developing and
  486  administering the program, the corporation may:
  487         (a) Develop criteria for determining the priority for
  488  expending grants to preserve and rehabilitate 30-year and older
  489  buildings and units under public housing authority control as
  490  defined in chapter 421.
  491         (b) Adopt rules for the grant program and exercise the
  492  powers authorized in this section.
  493         Section 10. Paragraphs (c) and (l) of subsection (6) of
  494  section 420.5087, Florida Statutes, are amended to read:
  495         420.5087 State Apartment Incentive Loan Program.—There is
  496  hereby created the State Apartment Incentive Loan Program for
  497  the purpose of providing first, second, or other subordinated
  498  mortgage loans or loan guarantees to sponsors, including for
  499  profit, nonprofit, and public entities, to provide housing
  500  affordable to very-low-income persons.
  501         (6) On all state apartment incentive loans, except loans
  502  made to housing communities for the elderly to provide for
  503  lifesafety, building preservation, health, sanitation, or
  504  security-related repairs or improvements, the following
  505  provisions shall apply:
  506         (c) The corporation shall provide by rule for the
  507  establishment of a review committee composed of the department
  508  and corporation staff and shall establish by rule a scoring
  509  system for evaluation and competitive ranking of applications
  510  submitted in this program, including, but not limited to, the
  511  following criteria:
  512         1. Tenant income and demographic targeting objectives of
  513  the corporation.
  514         2. Targeting objectives of the corporation which will
  515  ensure an equitable distribution of loans between rural and
  516  urban areas.
  517         3. Sponsor's agreement to reserve the units for persons or
  518  families who have incomes below 50 percent of the state or local
  519  median income, whichever is higher, for a time period to exceed
  520  the minimum required by federal law or the provisions of this
  521  part.
  522         4. Sponsor's agreement to reserve more than:
  523         a. Twenty percent of the units in the project for persons
  524  or families who have incomes that do not exceed 50 percent of
  525  the state or local median income, whichever is higher; or
  526         b. Forty percent of the units in the project for persons or
  527  families who have incomes that do not exceed 60 percent of the
  528  state or local median income, whichever is higher, without
  529  requiring a greater amount of the loans as provided in this
  530  section.
  531         5. Provision for tenant counseling.
  532         6. Sponsor's agreement to accept rental assistance
  533  certificates or vouchers as payment for rent.
  534         7. Projects requiring the least amount of a state apartment
  535  incentive loan compared to overall project cost except that the
  536  share of the loan attributable to units serving extremely-low
  537  income persons shall be excluded from this requirement.
  538         8. Local government contributions and local government
  539  comprehensive planning and activities that promote affordable
  540  housing.
  541         9. Project feasibility.
  542         10. Economic viability of the project.
  543         11. Commitment of first mortgage financing.
  544         12. Sponsor's prior experience.
  545         13. Sponsor's ability to proceed with construction.
  546         14. Projects that directly implement or assist welfare-to
  547  work transitioning.
  548         15. Projects that reserve units for extremely-low-income
  549  persons.
  550         16. Projects that include green building principles, storm
  551  resistant construction, or other elements that reduce long-term
  552  costs relating to maintenance, utilities, or insurance.
  553         (l) The proceeds of all loans shall be used for new
  554  construction, moderate rehabilitation, or substantial
  555  rehabilitation which creates or preserves affordable, safe, and
  556  sanitary housing units.
  557         Section 11. Subsection (17) is added to section 420.5095,
  558  Florida Statutes, to read:
  559         420.5095 Community Workforce Housing Innovation Pilot
  560  Program.—
  561         (17)(a) Funds appropriated by s. 33, chapter 2006-69, Laws
  562  of Florida, which were awarded but have been declined or
  563  returned shall be made available for projects that otherwise
  564  comply with the provisions of this section and that are created
  565  to provide workforce housing for teachers and instructional
  566  personnel employed by the school district in the county in which
  567  the project is located.
  568         (b) Projects shall be given priority for funding when the
  569  school district provides the property for the project pursuant
  570  to s. 1001.43.
  571         (c) Projects shall be given priority for funding when the
  572  public-private partnership includes the school district and a
  573  national nonprofit organization to provide financial support,
  574  technical assistance, and training for community-based
  575  revitalization efforts.
  576         (d) Projects in counties which had a project selected for
  577  funding that declined or returned funds shall be given priority
  578  for funding.
  579         (e) Projects shall be selected for funding by requests for
  580  proposals.
  581         Section 12. Subsection (5) of section 420.615, Florida
  582  Statutes, is amended to read:
  583         420.615 Affordable housing land donation density bonus
  584  incentives.—
  585         (5) The local government, as part of the approval process,
  586  shall adopt a comprehensive plan amendment, pursuant to part II
  587  of chapter 163, for the receiving land that incorporates the
  588  density bonus. Such amendment shall be deemed by operation of
  589  law a small scale amendment, shall be subject only to the
  590  requirements of adopted in the manner as required for small
  591  scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
  592  subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
  593  is exempt from s. 163.3187(1)(c)1. and the limitation on the
  594  frequency of plan amendments as provided in s. 163.3187. An
  595  affected person, as defined in s. 163.3184(1), may file a
  596  petition for administrative review pursuant to the requirements
  597  of s. 163.3187(3) to challenge the compliance of an adopted plan
  598  amendment.
  599         Section 13. Section 420.628, Florida Statutes, is created
  600  to read:
  601         420.628 Affordable housing for children and young adults
  602  leaving foster care; legislative findings and intent.—
  603         (1) The Legislature finds that there are many young adults
  604  who, through no fault of their own, live in foster families,
  605  group homes, and institutions and who face numerous barriers to
  606  a successful transition to adulthood.
  607         (2) These youth in foster care are among those who may
  608  enter adulthood without the knowledge, skills, attitudes,
  609  habits, and relationships that will enable them to be productive
  610  members of society.
  611         (3) The main barriers to safe and affordable housing for
  612  youth aging out of the foster care system are cost, lack of
  613  availability, the unwillingness of many landlords to rent to
  614  them, and their own lack of knowledge about how to be good
  615  tenants.
  616         (4) The Legislature also finds that young adults who
  617  emancipate from the child welfare system are at risk of becoming
  618  homeless and those who were formerly in foster care are
  619  disproportionately represented in the homeless population.
  620  Without the stability of safe housing, all other services,
  621  training, and opportunities may not be effective.
  622         (5) The Legislature further finds that making affordable
  623  housing available for young adults who transition from foster
  624  care decreases their chance of homelessness and may increase
  625  their ability to live independently in the future.
  626         (6) The Legislature finds that the Road-to-Independence
  627  Program, as described in s. 409.1451, is similar to the Job
  628  Training Partnership Act for purposes of s. 42(i)(3)(D)(i)(II)
  629  of the Internal Revenue Code.
  630         (7) The Legislature affirms that young adults transitioning
  631  out of foster care are to be considered eligible persons, as
  632  defined in ss. 420.503(17) and 420.9071(10), for affordable
  633  housing purposes and shall be encouraged to participate in
  634  state, federal, and local affordable housing programs.
  635         (8) It is therefore the intent of the Legislature to
  636  encourage the Florida Housing Finance Corporation, State Housing
  637  Initiative Partnership Program agencies, local housing finance
  638  agencies, public housing authorities and their agents,
  639  developers, and other providers of affordable housing to make
  640  affordable housing available to youth transitioning out of
  641  foster care whenever and wherever possible.
  642         (9) The Florida Housing Finance Corporation, State Housing
  643  Initiative Partnership Program agencies, local housing finance
  644  agencies, and public housing authorities shall coordinate with
  645  the Department of Children and Family Services and their agents
  646  and community-based care providers who are operating pursuant to
  647  s. 409.1671 to develop and implement strategies and procedures
  648  designed to increase affordable housing opportunities for young
  649  adults who are leaving the child welfare system.
  650         Section 14. Subsections (4), (8), (16), and (25) of section
  651  420.9071, Florida Statutes, are amended, and subsections (29)
  652  and (30) are added to that section, to read:
  653         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  654  term:
  655         (4) “Annual gross income” means annual income as defined
  656  under the Section 8 housing assistance payments programs in 24
  657  C.F.R. part 5; annual income as reported under the census long
  658  form for the recent available decennial census; or adjusted
  659  gross income as defined for purposes of reporting under Internal
  660  Revenue Service Form 1040 for individual federal annual income
  661  tax purposes or as defined by standard practices used in the
  662  lending industry as detailed in the local housing assistance
  663  plan and approved by the corporation. Counties and eligible
  664  municipalities shall calculate income by annualizing verified
  665  sources of income for the household as the amount of income to
  666  be received in a household during the 12 months following the
  667  effective date of the determination.
  668         (8) “Eligible housing” means any real and personal property
  669  located within the county or the eligible municipality which is
  670  designed and intended for the primary purpose of providing
  671  decent, safe, and sanitary residential units that are designed
  672  to meet the standards of the Florida Building Code or a
  673  predecessor building code adopted under chapter 553, or
  674  manufactured housing constructed after June 1994 and installed
  675  in accordance with mobile home installation standards of the
  676  Department of Highway Safety and Motor Vehicles, for home
  677  ownership or rental for eligible persons as designated by each
  678  county or eligible municipality participating in the State
  679  Housing Initiatives Partnership Program.
  680         (16) “Local housing incentive strategies” means local
  681  regulatory reform or incentive programs to encourage or
  682  facilitate affordable housing production, which include at a
  683  minimum, assurance that permits as defined in s. 163.3164(7) and
  684  (8) for affordable housing projects are expedited to a greater
  685  degree than other projects; an ongoing process for review of
  686  local policies, ordinances, regulations, and plan provisions
  687  that increase the cost of housing prior to their adoption; and a
  688  schedule for implementing the incentive strategies. Local
  689  housing incentive strategies may also include other regulatory
  690  reforms, such as those enumerated in s. 420.9076 or those
  691  recommended by the affordable housing advisory committee in its
  692  triennial evaluation and adopted by the local governing body.
  693         (25) “Recaptured funds” means funds that are recouped by a
  694  county or eligible municipality in accordance with the recapture
  695  provisions of its local housing assistance plan pursuant to s.
  696  420.9075(5)(h)(g) from eligible persons or eligible sponsors,
  697  which funds were not used for assistance to an eligible
  698  household for an eligible activity, when there is a who default
  699  on the terms of a grant award or loan award.
  700         (29) “Assisted housing” or “assisted housing development”
  701  means a rental housing development, including rental housing in
  702  a mixed-use development, that received or currently receives
  703  funding from any federal or state housing program.
  704         (30) “Preservation” means actions taken to keep rents in
  705  existing assisted housing affordable for extremely-low-income,
  706  very-low-income, low-income, and moderate-income households
  707  while ensuring that the property stays in good physical and
  708  financial condition for an extended period.
  709         Section 15. Subsection (6) of section 420.9072, Florida
  710  Statutes, is amended to read:
  711         420.9072 State Housing Initiatives Partnership Program.—The
  712  State Housing Initiatives Partnership Program is created for the
  713  purpose of providing funds to counties and eligible
  714  municipalities as an incentive for the creation of local housing
  715  partnerships, to expand production of and preserve affordable
  716  housing, to further the housing element of the local government
  717  comprehensive plan specific to affordable housing, and to
  718  increase housing-related employment.
  719         (6) The moneys that otherwise would be distributed pursuant
  720  to s. 420.9073 to a local government that does not meet the
  721  program's requirements for receipts of such distributions shall
  722  remain in the Local Government Housing Trust Fund to be
  723  administered by the corporation pursuant to s. 420.9078.
  724         Section 16. Subsections (1) and (2) of section 420.9073,
  725  Florida Statutes, are amended, and subsections (5), (6), and (7)
  726  are added to that section, to read:
  727         420.9073 Local housing distributions.—
  728         (1) Distributions calculated in this section shall be
  729  disbursed on a quarterly or more frequent monthly basis by the
  730  corporation beginning the first day of the month after program
  731  approval pursuant to s. 420.9072, subject to availability of
  732  funds. Each county's share of the funds to be distributed from
  733  the portion of the funds in the Local Government Housing Trust
  734  Fund received pursuant to s. 201.15(9) shall be calculated by
  735  the corporation for each fiscal year as follows:
  736         (a) Each county other than a county that has implemented
  737  the provisions of chapter 83-220, Laws of Florida, as amended by
  738  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  739  receive the guaranteed amount for each fiscal year.
  740         (b) Each county other than a county that has implemented
  741  the provisions of chapter 83-220, Laws of Florida, as amended by
  742  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  743  receive an additional share calculated as follows:
  744         1. Multiply each county's percentage of the total state
  745  population excluding the population of any county that has
  746  implemented the provisions of chapter 83-220, Laws of Florida,
  747  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  748  Florida, by the total funds to be distributed.
  749         2. If the result in subparagraph 1. is less than the
  750  guaranteed amount as determined in subsection (3), that county's
  751  additional share shall be zero.
  752         3. For each county in which the result in subparagraph 1.
  753  is greater than the guaranteed amount as determined in
  754  subsection (3), the amount calculated in subparagraph 1. shall
  755  be reduced by the guaranteed amount. The result for each such
  756  county shall be expressed as a percentage of the amounts so
  757  determined for all counties. Each such county shall receive an
  758  additional share equal to such percentage multiplied by the
  759  total funds received by the Local Government Housing Trust Fund
  760  pursuant to s. 201.15(9) reduced by the guaranteed amount paid
  761  to all counties.
  762         (2) Effective July 1, 1995, Distributions calculated in
  763  this section shall be disbursed on a quarterly or more frequent
  764  monthly basis by the corporation beginning the first day of the
  765  month after program approval pursuant to s. 420.9072, subject to
  766  availability of funds. Each county's share of the funds to be
  767  distributed from the portion of the funds in the Local
  768  Government Housing Trust Fund received pursuant to s. 201.15(10)
  769  shall be calculated by the corporation for each fiscal year as
  770  follows:
  771         (a) Each county shall receive the guaranteed amount for
  772  each fiscal year.
  773         (b) Each county may receive an additional share calculated
  774  as follows:
  775         1. Multiply each county's percentage of the total state
  776  population, by the total funds to be distributed.
  777         2. If the result in subparagraph 1. is less than the
  778  guaranteed amount as determined in subsection (3), that county's
  779  additional share shall be zero.
  780         3. For each county in which the result in subparagraph 1.
  781  is greater than the guaranteed amount, the amount calculated in
  782  subparagraph 1. shall be reduced by the guaranteed amount. The
  783  result for each such county shall be expressed as a percentage
  784  of the amounts so determined for all counties. Each such county
  785  shall receive an additional share equal to this percentage
  786  multiplied by the total funds received by the Local Government
  787  Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
  788  guaranteed amount paid to all counties.
  789         (5) Notwithstanding subsections (1)-(4), the corporation is
  790  authorized to withhold up to $5 million from the total
  791  distribution each fiscal year to provide additional funding to
  792  counties and eligible municipalities in which a state of
  793  emergency has been declared by the Governor pursuant to chapter
  794  252. Any portion of such funds not distributed under this
  795  subsection by the end of the fiscal year shall be distributed as
  796  provided in this section.
  797         (6) Notwithstanding subsections (1)-(4), the corporation is
  798  authorized to withhold up to $5 million from the total
  799  distribution each fiscal year to provide funding to counties and
  800  eligible municipalities to purchase properties subject to a
  801  State Housing Initiative Partnership Program lien and on which
  802  foreclosure proceedings have been initiated by any mortgagee.
  803  Each county and eligible municipality that receives funds under
  804  this subsection shall repay such funds to the corporation not
  805  later than the expenditure deadline for the fiscal year in which
  806  the funds were awarded. Amounts not repaid shall be withheld
  807  from the subsequent year's distribution. Any portion of such
  808  funds not distributed under this subsection by the end of the
  809  fiscal year shall be distributed as provided in this section.
  810         (7) A county or eligible municipality that receives local
  811  housing distributions pursuant to this section shall expend
  812  those funds in accordance with the provisions of ss. 420.907
  813  420.9079, corporation rule, and its local housing assistance
  814  plan.
  815         Section 17. Subsections (1), (3), (5), and (8), paragraphs
  816  (a) and (h) of subsection (10), and paragraph (b) of subsection
  817  (13) of section 420.9075, Florida Statutes, are amended, and
  818  subsection (14) is added to that section, to read:
  819         420.9075 Local housing assistance plans; partnerships.—
  820         (1)(a) Each county or eligible municipality participating
  821  in the State Housing Initiatives Partnership Program shall
  822  develop and implement a local housing assistance plan created to
  823  make affordable residential units available to persons of very
  824  low income, low income, or moderate income and to persons who
  825  have special housing needs, including, but not limited to,
  826  homeless people, the elderly, and migrant farmworkers, and
  827  persons with disabilities. High-cost counties or eligible
  828  municipalities as defined by rule of the corporation may include
  829  strategies to assist persons and households having annual
  830  incomes of not more than 140 percent of area median income. The
  831  plans are intended to increase the availability of affordable
  832  residential units by combining local resources and cost-saving
  833  measures into a local housing partnership and using private and
  834  public funds to reduce the cost of housing.
  835         (b) Local housing assistance plans may allocate funds to:
  836         1. Implement local housing assistance strategies for the
  837  provision of affordable housing.
  838         2. Supplement funds available to the corporation to provide
  839  enhanced funding of state housing programs within the county or
  840  the eligible municipality.
  841         3. Provide the local matching share of federal affordable
  842  housing grants or programs.
  843         4. Fund emergency repairs, including, but not limited to,
  844  repairs performed by existing service providers under
  845  weatherization assistance programs under ss. 409.509-409.5093.
  846         5. Further the housing element of the local government
  847  comprehensive plan adopted pursuant to s. 163.3184, specific to
  848  affordable housing.
  849         (3)(a) Each local housing assistance plan shall include a
  850  definition of essential service personnel for the county or
  851  eligible municipality, including, but not limited to, teachers
  852  and educators, other school district, community college, and
  853  university employees, police and fire personnel, health care
  854  personnel, skilled building trades personnel, and other job
  855  categories.
  856         (b) Each county and each eligible municipality is
  857  encouraged to develop a strategy within its local housing
  858  assistance plan that emphasizes the recruitment and retention of
  859  essential service personnel. The local government is encouraged
  860  to involve public and private sector employers. Compliance with
  861  the eligibility criteria established under this strategy shall
  862  be verified by the county or eligible municipality.
  863         (c) Each county and each eligible municipality is
  864  encouraged to develop a strategy within its local housing
  865  assistance plan that addresses the needs of persons who are
  866  deprived of affordable housing due to the closure of a mobile
  867  home park or the conversion of affordable rental units to
  868  condominiums.
  869         (d) Each county and each eligible municipality shall
  870  describe initiatives in the local housing assistance plan to
  871  encourage or require innovative design, green building
  872  principles, storm-resistant construction, or other elements that
  873  reduce long-term costs relating to maintenance, utilities, or
  874  insurance.
  875         (e) Each county and each eligible municipality is
  876  encouraged to develop a strategy within its local housing
  877  assistance plan that provides program funds for the preservation
  878  of assisted housing.
  879         (5) The following criteria apply to awards made to eligible
  880  sponsors or eligible persons for the purpose of providing
  881  eligible housing:
  882         (a) At least 65 percent of the funds made available in each
  883  county and eligible municipality from the local housing
  884  distribution must be reserved for home ownership for eligible
  885  persons.
  886         (b) At least 75 percent of the funds made available in each
  887  county and eligible municipality from the local housing
  888  distribution must be reserved for construction, rehabilitation,
  889  or emergency repair of affordable, eligible housing.
  890         (c) Not more than 15 percent of the funds made available in
  891  each county and eligible municipality from the local housing
  892  distribution may be used for manufactured housing.
  893         (d)(c) The sales price or value of new or existing eligible
  894  housing may not exceed 90 percent of the average area purchase
  895  price in the statistical area in which the eligible housing is
  896  located. Such average area purchase price may be that calculated
  897  for any 12-month period beginning not earlier than the fourth
  898  calendar year prior to the year in which the award occurs or as
  899  otherwise established by the United States Department of the
  900  Treasury.
  901         (e)(d)1. All units constructed, rehabilitated, or otherwise
  902  assisted with the funds provided from the local housing
  903  assistance trust fund must be occupied by very-low-income
  904  persons, low-income persons, and moderate-income persons except
  905  as otherwise provided in this section.
  906         2. At least 30 percent of the funds deposited into the
  907  local housing assistance trust fund must be reserved for awards
  908  to very-low-income persons or eligible sponsors who will serve
  909  very-low-income persons and at least an additional 30 percent of
  910  the funds deposited into the local housing assistance trust fund
  911  must be reserved for awards to low-income persons or eligible
  912  sponsors who will serve low-income persons. This subparagraph
  913  does not apply to a county or an eligible municipality that
  914  includes, or has included within the previous 5 years, an area
  915  of critical state concern designated or ratified by the
  916  Legislature for which the Legislature has declared its intent to
  917  provide affordable housing. The exemption created by this act
  918  expires on July 1, 2013 2008.
  919         (f)(e) Loans shall be provided for periods not exceeding 30
  920  years, except for deferred payment loans or loans that extend
  921  beyond 30 years which continue to serve eligible persons.
  922         (g)(f) Loans or grants for eligible rental housing
  923  constructed, rehabilitated, or otherwise assisted from the local
  924  housing assistance trust fund must be subject to recapture
  925  requirements as provided by the county or eligible municipality
  926  in its local housing assistance plan unless reserved for
  927  eligible persons for 15 years or the term of the assistance,
  928  whichever period is longer. Eligible sponsors that offer rental
  929  housing for sale before 15 years or that have remaining
  930  mortgages funded under this program must give a first right of
  931  refusal to eligible nonprofit organizations for purchase at the
  932  current market value for continued occupancy by eligible
  933  persons.
  934         (h)(g) Loans or grants for eligible owner-occupied housing
  935  constructed, rehabilitated, or otherwise assisted from proceeds
  936  provided from the local housing assistance trust fund shall be
  937  subject to recapture requirements as provided by the county or
  938  eligible municipality in its local housing assistance plan.
  939         (i)(h) The total amount of monthly mortgage payments or the
  940  amount of monthly rent charged by the eligible sponsor or her or
  941  his designee must be made affordable.
  942         (j)(i) The maximum sales price or value per unit and the
  943  maximum award per unit for eligible housing benefiting from
  944  awards made pursuant to this section must be established in the
  945  local housing assistance plan.
  946         (k)(j) The benefit of assistance provided through the State
  947  Housing Initiatives Partnership Program must accrue to eligible
  948  persons occupying eligible housing. This provision shall not be
  949  construed to prohibit use of the local housing distribution
  950  funds for a mixed income rental development.
  951         (l)(k) Funds from the local housing distribution not used
  952  to meet the criteria established in paragraph (a) or paragraph
  953  (b) or not used for the administration of a local housing
  954  assistance plan must be used for housing production and finance
  955  activities, including, but not limited to, financing
  956  preconstruction activities or the purchase of existing units,
  957  providing rental housing, and providing home ownership training
  958  to prospective home buyers and owners of homes assisted through
  959  the local housing assistance plan.
  960         1. Notwithstanding the provisions of paragraphs (a) and
  961  (b), program income as defined in s. 420.9071(24) may also be
  962  used to fund activities described in this paragraph.
  963         2. When preconstruction due diligence activities conducted
  964  as part of a preservation strategy show that preservation of the
  965  units is not feasible and will not result in the production of
  966  an eligible unit, such costs shall be deemed a program expense
  967  rather than an administrative expense if such program expenses
  968  do not exceed 3 percent of the annual local housing
  969  distribution.
  970  3. If both an award under the local housing assistance plan and
  971  federal low-income housing tax credits are used to assist a
  972  project and there is a conflict between the criteria prescribed
  973  in this subsection and the requirements of s. 42 of the Internal
  974  Revenue Code of 1986, as amended, the county or eligible
  975  municipality may resolve the conflict by giving precedence to
  976  the requirements of s. 42 of the Internal Revenue Code of 1986,
  977  as amended, in lieu of following the criteria prescribed in this
  978  subsection with the exception of paragraphs (a) and (e) (d) of
  979  this subsection.
  980         4. Each county and each eligible municipality may award
  981  funds as a grant for construction, rehabilitation, or repair as
  982  part of disaster recovery or emergency repairs or to remedy
  983  accessibility or health and safety deficiencies. Any other
  984  grants must be approved as part of the local housing assistance
  985  plan.
  986         (8) Pursuant to s. 420.531, the corporation shall provide
  987  training and technical assistance to local governments regarding
  988  the creation of partnerships, the design of local housing
  989  assistance strategies, the implementation of local housing
  990  incentive strategies, and the provision of support services.
  991         (10) Each county or eligible municipality shall submit to
  992  the corporation by September 15 of each year a report of its
  993  affordable housing programs and accomplishments through June 30
  994  immediately preceding submittal of the report. The report shall
  995  be certified as accurate and complete by the local government's
  996  chief elected official or his or her designee. Transmittal of
  997  the annual report by a county's or eligible municipality's chief
  998  elected official, or his or her designee, certifies that the
  999  local housing incentive strategies, or, if applicable, the local
 1000  housing incentive plan, have been implemented or are in the
 1001  process of being implemented pursuant to the adopted schedule
 1002  for implementation. The report must include, but is not limited
 1003  to:
 1004         (a) The number of households served by income category,
 1005  age, family size, and race, and data regarding any special needs
 1006  populations such as farmworkers, homeless persons, persons with
 1007  disabilities, and the elderly. Counties shall report this
 1008  information separately for households served in the
 1009  unincorporated area and each municipality within the county.
 1010         (h) Such other data or affordable housing accomplishments
 1011  considered significant by the reporting county or eligible
 1012  municipality or by the corporation.
 1013         (13)
 1014         (b) If, as a result of its review of the annual report, the
 1015  corporation determines that a county or eligible municipality
 1016  has failed to implement a local housing incentive strategy, or,
 1017  if applicable, a local housing incentive plan, it shall send a
 1018  notice of termination of the local government's share of the
 1019  local housing distribution by certified mail to the affected
 1020  county or eligible municipality.
 1021         1. The notice must specify a date of termination of the
 1022  funding if the affected county or eligible municipality does not
 1023  implement the plan or strategy and provide for a local response.
 1024  A county or eligible municipality shall respond to the
 1025  corporation within 30 days after receipt of the notice of
 1026  termination.
 1027         2. The corporation shall consider the local response that
 1028  extenuating circumstances precluded implementation and grant an
 1029  extension to the timeframe for implementation. Such an extension
 1030  shall be made in the form of an extension agreement that
 1031  provides a timeframe for implementation. The chief elected
 1032  official of a county or eligible municipality or his or her
 1033  designee shall have the authority to enter into the agreement on
 1034  behalf of the local government.
 1035         3. If the county or the eligible municipality has not
 1036  implemented the incentive strategy or entered into an extension
 1037  agreement by the termination date specified in the notice, the
 1038  local housing distribution share terminates, and any uncommitted
 1039  local housing distribution funds held by the affected county or
 1040  eligible municipality in its local housing assistance trust fund
 1041  shall be transferred to the Local Government Housing Trust Fund
 1042  to the credit of the corporation to administer pursuant to s.
 1043  420.9078.
 1044         4.a. If the affected local government fails to meet the
 1045  timeframes specified in the agreement, the corporation shall
 1046  terminate funds. The corporation shall send a notice of
 1047  termination of the local government's share of the local housing
 1048  distribution by certified mail to the affected local government.
 1049  The notice shall specify the termination date, and any
 1050  uncommitted funds held by the affected local government shall be
 1051  transferred to the Local Government Housing Trust Fund to the
 1052  credit of the corporation to administer pursuant to s. 420.9078.
 1053         b. If the corporation terminates funds to a county, but an
 1054  eligible municipality receiving a local housing distribution
 1055  pursuant to an interlocal agreement maintains compliance with
 1056  program requirements, the corporation shall thereafter
 1057  distribute directly to the participating eligible municipality
 1058  its share calculated in the manner provided in s. 420.9072.
 1059         c. Any county or eligible municipality whose local
 1060  distribution share has been terminated may subsequently elect to
 1061  receive directly its local distribution share by adopting the
 1062  ordinance, resolution, and local housing assistance plan in the
 1063  manner and according to the procedures provided in ss. 420.907
 1064  420.9079.
 1065         (14) If the corporation determines that a county or
 1066  eligible municipality has expended program funds for an
 1067  ineligible activity, the corporation shall require such funds to
 1068  be repaid to the local housing assistance trust fund. Such
 1069  repayment may not be made with funds from the State Housing
 1070  Initiatives Partnership Program.
 1071         Section 18. Paragraph (h) of subsection (2), subsections
 1072  (5) and (6), and paragraph (a) of subsection (7) of section
 1073  420.9076, Florida Statutes, are amended to read:
 1074         420.9076 Adoption of affordable housing incentive
 1075  strategies; committees.—
 1076         (2) The governing board of a county or municipality shall
 1077  appoint the members of the affordable housing advisory committee
 1078  by resolution. Pursuant to the terms of any interlocal
 1079  agreement, a county and municipality may create and jointly
 1080  appoint an advisory committee to prepare a joint plan. The
 1081  ordinance adopted pursuant to s. 420.9072 which creates the
 1082  advisory committee or the resolution appointing the advisory
 1083  committee members must provide for 11 committee members and
 1084  their terms. The committee must include:
 1085         (h) One citizen who actively serves on the local planning
 1086  agency pursuant to s. 163.3174. If the local planning agency is
 1087  comprised of the governing board of the county or municipality,
 1088  the governing board may appoint a designee who is knowledgeable
 1089  in the local planning process.
 1090  If a county or eligible municipality whether due to its small
 1091  size, the presence of a conflict of interest by prospective
 1092  appointees, or other reasonable factor, is unable to appoint a
 1093  citizen actively engaged in these activities in connection with
 1094  affordable housing, a citizen engaged in the activity without
 1095  regard to affordable housing may be appointed. Local governments
 1096  that receive the minimum allocation under the State Housing
 1097  Initiatives Partnership Program may elect to appoint an
 1098  affordable housing advisory committee with fewer than 11
 1099  representatives if they are unable to find representatives who
 1100  meet the criteria of paragraphs (a)-(k).
 1101         (5) The approval by the advisory committee of its local
 1102  housing incentive strategies recommendations and its review of
 1103  local government implementation of previously recommended
 1104  strategies must be made by affirmative vote of a majority of the
 1105  membership of the advisory committee taken at a public hearing.
 1106  Notice of the time, date, and place of the public hearing of the
 1107  advisory committee to adopt its evaluation and final local
 1108  housing incentive strategies recommendations must be published
 1109  in a newspaper of general paid circulation in the county. The
 1110  notice must contain a short and concise summary of the
 1111  evaluation and local housing incentives strategies
 1112  recommendations to be considered by the advisory committee. The
 1113  notice must state the public place where a copy of the
 1114  evaluation and tentative advisory committee recommendations can
 1115  be obtained by interested persons. The final report, evaluation,
 1116  and recommendations shall be submitted to the corporation.
 1117         (6) Within 90 days after the date of receipt of the
 1118  evaluation and local housing incentive strategies
 1119  recommendations from the advisory committee, the governing body
 1120  of the appointing local government shall adopt an amendment to
 1121  its local housing assistance plan to incorporate the local
 1122  housing incentive strategies it will implement within its
 1123  jurisdiction. The amendment must include, at a minimum, the
 1124  local housing incentive strategies required under s.
 1125  420.9071(16). The local government must consider the strategies
 1126  specified in paragraphs (4)(a)-(k) as recommended by the
 1127  advisory committee.
 1128         (7) The governing board of the county or the eligible
 1129  municipality shall notify the corporation by certified mail of
 1130  its adoption of an amendment of its local housing assistance
 1131  plan to incorporate local housing incentive strategies. The
 1132  notice must include a copy of the approved amended plan.
 1133         (a) If the corporation fails to receive timely the approved
 1134  amended local housing assistance plan to incorporate local
 1135  housing incentive strategies, a notice of termination of its
 1136  share of the local housing distribution shall be sent by
 1137  certified mail by the corporation to the affected county or
 1138  eligible municipality. The notice of termination must specify a
 1139  date of termination of the funding if the affected county or
 1140  eligible municipality has not adopted an amended local housing
 1141  assistance plan to incorporate local housing incentive
 1142  strategies. If the county or the eligible municipality has not
 1143  adopted an amended local housing assistance plan to incorporate
 1144  local housing incentive strategies by the termination date
 1145  specified in the notice of termination, the local distribution
 1146  share terminates; and any uncommitted local distribution funds
 1147  held by the affected county or eligible municipality in its
 1148  local housing assistance trust fund shall be transferred to the
 1149  Local Government Housing Trust Fund to the credit of the
 1150  corporation to administer the local government housing program
 1151  pursuant to s. 420.9078.
 1152         Section 19. Section 420.9078, Florida Statutes, is
 1153  repealed.
 1154         Section 20. Section 420.9079, Florida Statutes, is amended
 1155  to read:
 1156         420.9079 Local Government Housing Trust Fund.—
 1157         (1) There is created in the State Treasury the Local
 1158  Government Housing Trust Fund, which shall be administered by
 1159  the corporation on behalf of the department according to the
 1160  provisions of ss. 420.907-420.9076 420.907-420.9078 and this
 1161  section. There shall be deposited into the fund a portion of the
 1162  documentary stamp tax revenues as provided in s. 201.15, moneys
 1163  received from any other source for the purposes of ss. 420.907
 1164  420.9076 420.907-420.9078 and this section, and all proceeds
 1165  derived from the investment of such moneys. Moneys in the fund
 1166  that are not currently needed for the purposes of the programs
 1167  administered pursuant to ss. 420.907-420.9076 420.907-420.9078
 1168  and this section shall be deposited to the credit of the fund
 1169  and may be invested as provided by law. The interest received on
 1170  any such investment shall be credited to the fund.
 1171         (2) The corporation shall administer the fund exclusively
 1172  for the purpose of implementing the programs described in ss.
 1173  420.907-420.9076 420.907-420.9078 and this section. With the
 1174  exception of monitoring the activities of counties and eligible
 1175  municipalities to determine local compliance with program
 1176  requirements, the corporation shall not receive appropriations
 1177  from the fund for administrative or personnel costs. For the
 1178  purpose of implementing the compliance monitoring provisions of
 1179  s. 420.9075(9), the corporation may request a maximum of one
 1180  quarter of 1 percent of the annual appropriation per state
 1181  fiscal year. When such funding is appropriated, the corporation
 1182  shall deduct the amount appropriated prior to calculating the
 1183  local housing distribution pursuant to ss. 420.9072 and
 1184  420.9073.
 1185         Section 21. Subsection (12) of section 1001.43, Florida
 1186  Statutes, is amended to read:
 1187         1001.43 Supplemental powers and duties of district school
 1188  board.—The district school board may exercise the following
 1189  supplemental powers and duties as authorized by this code or
 1190  State Board of Education rule.
 1191         (12) AFFORDABLE HOUSING.—A district school board may use
 1192  portions of school sites purchased within the guidelines of the
 1193  State Requirements for Educational Facilities, land deemed not
 1194  usable for educational purposes because of location or other
 1195  factors, or land declared as surplus by the board to provide
 1196  sites for affordable housing for teachers and other district
 1197  personnel and, in areas of critical state concern, for other
 1198  essential services personnel as defined by local affordable
 1199  housing eligibility requirements, independently or in
 1200  conjunction with other agencies as described in subsection (5).
 1201         Section 22. This act shall take effect July 1, 2009.