Florida Senate - 2009                      CS for CS for SB 1042
       
       
       
       By the Committees on Finance and Tax; and Community Affairs; and
       Senator Bennett
       
       
       
       593-05647-09                                          20091042c2
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         159.807, F.S.; providing limitations on the Florida
    4         Housing Finance Corporation’s access to the state
    5         allocation pool; deleting a provision exempting the
    6         corporation from the applicability of certain uses of
    7         the state allocation pool; creating s. 193.018, F.S.;
    8         providing for the assessment of property receiving the
    9         low-income housing tax credit; defining the term
   10         “community land trust”; providing for the assessment
   11         of structural improvements, condominium parcels, and
   12         cooperative parcels on land owned by a community land
   13         trust and used to provide affordable housing;
   14         providing for the conveyance of structural
   15         improvements, condominium parcels, and cooperative
   16         parcels subject to certain conditions; specifying the
   17         criteria to be used in arriving at just valuation of a
   18         structural improvement, condominium parcel, or
   19         cooperative parcel; amending s. 196.196, F.S.;
   20         providing additional criteria for determining whether
   21         certain affordable housing property owned by certain
   22         exempt organizations is entitled to an exemption from
   23         ad valorem taxation; providing a definition;
   24         subjecting organizations owning certain property to ad
   25         valorem taxation under certain circumstances;
   26         providing for tax liens; providing for penalties and
   27         interest; providing an exception; providing notice
   28         requirements; amending s. 196.1978, F.S.; providing
   29         that property owned by certain nonprofit entities or
   30         Florida-based limited partnerships and used or held
   31         for the purpose of providing affordable housing to
   32         certain income-qualified persons is exempt from ad
   33         valorem taxation; revising legislative intent;
   34         amending s. 201.15, F.S.; removing a limitation on the
   35         amount of proceeds from excise taxes on documents
   36         which may be deposited into the State Housing Trust
   37         Fund on or after a specified date; 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. 163.3202, F.S.;
   43         requiring that local land development regulations
   44         maintain the existing density of residential
   45         properties or recreational vehicle parks under certain
   46         circumstances; amending s. 420.503, F.S.; defining the
   47         term “moderate rehabilitation” for purposes of the
   48         Florida Housing Finance Corporation Act; amending s.
   49         420.5087, F.S.; revising purposes for which state
   50         apartment incentive loans may be used; amending s.
   51         420.622, F.S.; authorizing the agencies that provide a
   52         local homeless assistance continuum of care to use
   53         homeless housing assistance grants, provided by the
   54         State Office of Homelessness within the Department of
   55         Children and Family Services, to acquire transitional
   56         or permanent housing units for homeless persons;
   57         creating s. 420.628, F.S.; providing legislative
   58         findings and intent; requiring certain governmental
   59         entities to develop and implement strategies and
   60         procedures designed to increase affordable housing
   61         opportunities for young adults who are leaving the
   62         child welfare system; amending s. 420.9071, F.S.;
   63         revising and providing definitions; amending s.
   64         420.9072, F.S.; conforming a cross-reference;
   65         authorizing counties and eligible municipalities to
   66         use funds from the State Housing Initiatives
   67         Partnership Program to provide relocation grants for
   68         persons who are evicted from rental properties that
   69         are in foreclosure; providing eligibility requirements
   70         for receiving a grant; providing that authorization
   71         for the relocation grants expires July 1, 2010;
   72         amending s. 420.9073, F.S.; revising the frequency
   73         with which local housing distributions are to be made
   74         by the corporation; authorizing the corporation to
   75         withhold funds from the total distribution annually
   76         for specified purposes; requiring counties and
   77         eligible municipalities that receive local housing
   78         distributions to expend those funds in a specified
   79         manner; amending s. 420.9075, F.S.; requiring that
   80         local housing assistance plans address the special
   81         housing needs of persons with disabilities;
   82         authorizing counties and certain municipalities to
   83         assist persons and households meeting specific income
   84         requirements; revising requirements to be included in
   85         the local housing assistance plan; requiring counties
   86         and certain municipalities to include certain
   87         initiatives and strategies in the local housing
   88         assistance plan; revising criteria that applies to
   89         awards made for the purpose of providing eligible
   90         housing; authorizing and limiting the percentage of
   91         funds from the local housing distribution which may be
   92         used for manufactured housing; extending the
   93         expiration date of an exemption from certain income
   94         requirements in specified areas; providing for
   95         retroactive application; authorizing the use of
   96         certain funds for preconstruction activities;
   97         providing that certain costs are a program expense;
   98         authorizing counties and certain municipalities to
   99         award grant funds under certain conditions; providing
  100         for the repayment of funds by the local housing
  101         assistance trust fund; amending s. 420.9076, F.S.;
  102         revising appointments to a local affordable housing
  103         advisory committee; revising notice requirements for
  104         public hearings of the advisory committee; requiring
  105         the committee’s final report, evaluation, and
  106         recommendations to be submitted to the corporation;
  107         deleting cross-references to conform to changes made
  108         by the act; repealing s. 420.9078, F.S., relating to
  109         state administration of funds remaining in the Local
  110         Government Housing Trust Fund; amending s. 420.9079,
  111         F.S.; conforming cross-references; amending s.
  112         1001.43, F.S.; revising district school board powers
  113         and duties in relation to use of land for affordable
  114         housing in certain areas for certain personnel;
  115         providing an effective date.
  116  
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Subsection (4) of section 159.807, Florida
  120  Statutes, is amended to read:
  121         159.807 State allocation pool.—
  122         (4)(a) The state allocation pool shall also be used to
  123  provide written confirmations for private activity bonds that
  124  are to be issued by state agencies, which bonds, notwithstanding
  125  any other provisions of this part, shall receive priority in the
  126  use of the pool available at the time the notice of intent to
  127  issue such bonds is filed with the division.
  128         (b) Notwithstanding the provisions of paragraph (a), on or
  129  before November 15 of each year, the Florida Housing Finance
  130  Corporation’s access to the state allocation pool is limited to
  131  the amount of the corporation’s initial allocation under s.
  132  159.804. Thereafter, the corporation may not receive more than
  133  80 percent of the amount in the state allocation pool on
  134  November 16 of each year, and may not receive more than 80
  135  percent of any additional amounts that become available during
  136  each year. The limitations of this paragraph do not apply to the
  137  distribution of the unused allocation of the state volume
  138  limitation to the Florida Housing Finance Corporation under s.
  139  159.81(2)(b), (c), and (d). This subsection does not apply to
  140  the Florida Housing Finance Corporation:
  141         1.Until its allocation pursuant to s. 159.804(3) has been
  142  exhausted, is unavailable, or is inadequate to provide an
  143  allocation pursuant to s. 159.804(3) and any carryforwards of
  144  volume limitation from prior years for the same carryforward
  145  purpose, as that term is defined in s. 146 of the Code, as the
  146  bonds it intends to issue have been completely utilized or have
  147  expired.
  148         2.Prior to July 1 of any year, when housing bonds for
  149  which the Florida Housing Finance Corporation has made an
  150  assignment of its allocation permitted by s. 159.804(3)(c) have
  151  not been issued.
  152         Section 2. Section 193.018, Florida Statutes, is created to
  153  read:
  154         193.018Land owned by a community land trust used to
  155  provide affordable housing; assessment; structural improvements,
  156  condominium parcels, and cooperative parcels.—
  157         (1)As used in this section, the term “community land
  158  trust” means a nonprofit entity that is qualified as charitable
  159  under s. 501(c)(3) of the Internal Revenue Code and has as one
  160  of its purposes the acquisition of land to be held in perpetuity
  161  for the primary purpose of providing affordable homeownership.
  162         (2)A community land trust may convey structural
  163  improvements, condominium parcels, or cooperative parcels, that
  164  are located on specific parcels of land that are identified by a
  165  legal description contained in and subject to a ground lease
  166  having a term of at least 99 years, for the purpose of providing
  167  affordable housing to natural persons or families who meet the
  168  extremely-low-income, very-low-income, low-income, or moderate
  169  income limits specified in s. 420.0004, or the income limits for
  170  workforce housing, as defined in s. 420.5095(3). A community
  171  land trust shall retain a preemptive option to purchase any
  172  structural improvements, condominium parcels, or cooperative
  173  parcels on the land at a price determined by a formula specified
  174  in the ground lease which is designed to ensure that the
  175  structural improvements, condominium parcels, or cooperative
  176  parcels remain affordable.
  177         (3)In arriving at just valuation under s. 193.011, a
  178  structural improvement, condominium parcel, or cooperative
  179  parcel providing affordable housing on land owned by a community
  180  land trust, and the land owned by a community land trust that is
  181  subject to a 99-year or longer ground lease, shall be assessed
  182  using the following criteria:
  183         (a)The amount a willing purchaser would pay a willing
  184  seller for the land is limited to an amount commensurate with
  185  the terms of the ground lease that restricts the use of the land
  186  to the provision of affordable housing in perpetuity.
  187         (b)The amount a willing purchaser would pay a willing
  188  seller for resale-restricted improvements, condominium parcels,
  189  or cooperative parcels is limited to the amount determined by
  190  the formula in the ground lease.
  191         (c)If the ground lease and all amendments and supplements
  192  thereto, or a memorandum documenting how such lease and
  193  amendments or supplements restrict the price at which the
  194  improvements, condominium parcels, or cooperative parcels may be
  195  sold, is recorded in the official public records of the county
  196  in which the leased land is located, the recorded lease and any
  197  amendments and supplements, or the recorded memorandum, shall be
  198  deemed a land use regulation during the term of the lease as
  199  amended or supplemented.
  200         Section 3. Subsection (5) is added to section 196.196,
  201  Florida Statutes, to read:
  202         196.196 Determining whether property is entitled to
  203  charitable, religious, scientific, or literary exemption.—
  204         (5)(a)Property owned by an exempt organization qualified
  205  as charitable under s. 501(c)(3) of the Internal Revenue Code is
  206  used for a charitable purpose if the organization has taken
  207  affirmative steps to prepare the property to provide affordable
  208  housing to persons or families that meet the extremely-low
  209  income, very-low-income, low-income, or moderate-income limits,
  210  as specified in s. 420.0004. The term “affirmative steps” means
  211  environmental or land use permitting activities, creation of
  212  architectural plans or schematic drawings, land clearing or site
  213  preparation, construction or renovation activities, or other
  214  similar activities that demonstrate a commitment of the property
  215  to providing affordable housing.
  216         (b)1.If property owned by an organization granted an
  217  exemption under this subsection is transferred for a purpose
  218  other than directly providing affordable homeownership or rental
  219  housing to persons or families who meet the extremely-low
  220  income, very-low-income, low-income, or moderate-income limits,
  221  as specified in s. 420.0004, or is not in actual use to provide
  222  such affordable housing within 5 years after the date the
  223  organization is granted the exemption, the property appraiser
  224  making such determination shall serve upon the organization that
  225  illegally or improperly received the exemption a notice of
  226  intent to record in the public records of the county a notice of
  227  tax lien against any property owned by that organization in the
  228  county, and such property shall be identified in the notice of
  229  tax lien. The organization owning such property is subject to
  230  the taxes otherwise due and owing as a result of the failure to
  231  use the property to provide affordable housing plus 15 percent
  232  interest per annum and a penalty of 50 percent of the taxes
  233  owed.
  234         2.Such lien, when filed, attaches to any property
  235  identified in the notice of tax lien owned by the organization
  236  that illegally or improperly received the exemption. If such
  237  organization no longer owns property in the county but owns
  238  property in any other county in the state, the property
  239  appraiser shall record in each such other county a notice of tax
  240  lien identifying the property owned by such organization in such
  241  county which shall become a lien against the identified
  242  property. Before any such lien may be filed, the organization so
  243  notified must be given 30 days to pay the taxes, penalties, and
  244  interest.
  245         3.If an exemption is improperly granted as a result of a
  246  clerical mistake or an omission by the property appraiser, the
  247  organization improperly receiving the exemption shall not be
  248  assessed a penalty or interest.
  249         4.The 5-year limitation specified in this subsection may
  250  be extended if the holder of the exemption continues to take
  251  affirmative steps to develop the property for the purposes
  252  specified in this subsection.
  253         Section 4. Section 196.1978, Florida Statutes, is amended
  254  to read:
  255         196.1978 Affordable housing property exemption.—Property
  256  used to provide affordable housing serving eligible persons as
  257  defined by s. 159.603(7) and natural persons or families meeting
  258  the extremely-low-income, very-low-income, low-income, or
  259  moderate-income persons meeting income limits specified in s.
  260  420.0004 s. 420.0004(8), (10), (11), and (15), which property is
  261  owned entirely by a nonprofit entity that is a corporation not
  262  for profit, qualified as charitable under s. 501(c)(3) of the
  263  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
  264  1996-1 C.B. 717, or a Florida-based limited partnership, the
  265  sole general partner of which is a corporation not for profit
  266  which is qualified as charitable under s. 501(c)(3) of the
  267  Internal Revenue Code and which complies with Rev. Proc. 96-32,
  268  1996-1 C.B. 717, shall be considered property owned by an exempt
  269  entity and used for a charitable purpose, and those portions of
  270  the affordable housing property which provide housing to natural
  271  persons or families classified as extremely low income, very low
  272  income, low income, or moderate income under s. 420.0004
  273  individuals with incomes as defined in s. 420.0004(10) and (15)
  274  shall be exempt from ad valorem taxation to the extent
  275  authorized in s. 196.196. All property identified in this
  276  section shall comply with the criteria for determination of
  277  exempt status to be applied by property appraisers on an annual
  278  basis as defined in s. 196.195. The Legislature intends that any
  279  property owned by a limited liability company or limited
  280  partnership which is disregarded as an entity for federal income
  281  tax purposes pursuant to Treasury Regulation 301.7701
  282  3(b)(1)(ii) shall be treated as owned by its sole member or sole
  283  general partner.
  284         Section 5. Subsections (9), (10), and (13) of section
  285  201.15, Florida Statutes, are amended to read:
  286         201.15 Distribution of taxes collected.—All taxes collected
  287  under this chapter are subject to the service charge imposed in
  288  s. 215.20(1). Prior to distribution under this section, the
  289  Department of Revenue shall deduct amounts necessary to pay the
  290  costs of the collection and enforcement of the tax levied by
  291  this chapter. Such costs and the service charge may not be
  292  levied against any portion of taxes pledged to debt service on
  293  bonds to the extent that the costs and service charge are
  294  required to pay any amounts relating to the bonds. All taxes
  295  remaining after deduction of costs and the service charge shall
  296  be distributed as follows:
  297         (9) Seven and fifty-three hundredths The lesser of 7.53
  298  percent of the remaining taxes collected under this chapter or
  299  $107 million in each fiscal year shall be paid into the State
  300  Treasury to the credit of the State Housing Trust Fund and shall
  301  be used as follows:
  302         (a) Half of that amount shall be used for the purposes for
  303  which the State Housing Trust Fund was created and exists by
  304  law.
  305         (b) Half of that amount shall be paid into the State
  306  Treasury to the credit of the Local Government Housing Trust
  307  Fund and shall be used for the purposes for which the Local
  308  Government Housing Trust Fund was created and exists by law.
  309         (10) Eight and sixty-six hundredths The lesser of 8.66
  310  percent of the remaining taxes collected under this chapter or
  311  $136 million in each fiscal year shall be paid into the State
  312  Treasury to the credit of the State Housing Trust Fund and shall
  313  be used as follows:
  314         (a) Twelve and one-half percent of that amount shall be
  315  deposited into the State Housing Trust Fund and be expended by
  316  the Department of Community Affairs and by the Florida Housing
  317  Finance Corporation for the purposes for which the State Housing
  318  Trust Fund was created and exists by law.
  319         (b) Eighty-seven and one-half percent of that amount shall
  320  be distributed to the Local Government Housing Trust Fund and
  321  shall be used for the purposes for which the Local Government
  322  Housing Trust Fund was created and exists by law. Funds from
  323  this category may also be used to provide for state and local
  324  services to assist the homeless.
  325         (13) Beginning July 1, 2009 2008, in each fiscal year that
  326  the remaining taxes collected under this chapter exceed
  327  collections in the prior fiscal year, the stated maximum dollar
  328  amounts provided in subsections (2), (4), (6), and (7), (9), and
  329  (10) shall each be increased by an amount equal to 10 percent of
  330  the increase in the remaining taxes collected under this chapter
  331  multiplied by the applicable percentage provided in those
  332  subsections.
  333         Section 6. Paragraph (d) of subsection (2) of section
  334  212.055, Florida Statutes, is amended to read:
  335         212.055 Discretionary sales surtaxes; legislative intent;
  336  authorization and use of proceeds.—It is the legislative intent
  337  that any authorization for imposition of a discretionary sales
  338  surtax shall be published in the Florida Statutes as a
  339  subsection of this section, irrespective of the duration of the
  340  levy. Each enactment shall specify the types of counties
  341  authorized to levy; the rate or rates which may be imposed; the
  342  maximum length of time the surtax may be imposed, if any; the
  343  procedure which must be followed to secure voter approval, if
  344  required; the purpose for which the proceeds may be expended;
  345  and such other requirements as the Legislature may provide.
  346  Taxable transactions and administrative procedures shall be as
  347  provided in s. 212.054.
  348         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  349         (d)1. The proceeds of the surtax authorized by this
  350  subsection and any accrued interest accrued thereto shall be
  351  expended by the school district, or within the county and
  352  municipalities within the county, or, in the case of a
  353  negotiated joint county agreement, within another county, to
  354  finance, plan, and construct infrastructure; and to acquire land
  355  for public recreation, or conservation, or protection of natural
  356  resources; or and to finance the closure of county-owned or
  357  municipally owned solid waste landfills that have been are
  358  already closed or are required to be closed close by order of
  359  the Department of Environmental Protection. Any use of the such
  360  proceeds or interest for purposes of landfill closure before
  361  prior to July 1, 1993, is ratified. Neither The proceeds and nor
  362  any interest may not accrued thereto shall be used for the
  363  operational expenses of any infrastructure, except that a any
  364  county that has with a population of fewer less than 75,000 and
  365  that is required to close a landfill by order of the Department
  366  of Environmental Protection may use the proceeds or any interest
  367  accrued thereto for long-term maintenance costs associated with
  368  landfill closure. Counties, as defined in s. 125.011 s.
  369  125.011(1), and charter counties may, in addition, use the
  370  proceeds or and any interest accrued thereto to retire or
  371  service indebtedness incurred for bonds issued before prior to
  372  July 1, 1987, for infrastructure purposes, and for bonds
  373  subsequently issued to refund such bonds. Any use of the such
  374  proceeds or interest for purposes of retiring or servicing
  375  indebtedness incurred for such refunding bonds before prior to
  376  July 1, 1999, is ratified.
  377         1.2. For the purposes of this paragraph, the term
  378  “infrastructure” means:
  379         a. Any fixed capital expenditure or fixed capital outlay
  380  associated with the construction, reconstruction, or improvement
  381  of public facilities that have a life expectancy of 5 or more
  382  years and any related land acquisition, land improvement,
  383  design, and engineering costs related thereto.
  384         b. A fire department vehicle, an emergency medical service
  385  vehicle, a sheriff’s office vehicle, a police department
  386  vehicle, or any other vehicle, and the such equipment necessary
  387  to outfit the vehicle for its official use or equipment that has
  388  a life expectancy of at least 5 years.
  389         c. Any expenditure for the construction, lease, or
  390  maintenance of, or provision of utilities or security for,
  391  facilities, as defined in s. 29.008.
  392         d. Any fixed capital expenditure or fixed capital outlay
  393  associated with the improvement of private facilities that have
  394  a life expectancy of 5 or more years and that the owner agrees
  395  to make available for use on a temporary basis as needed by a
  396  local government as a public emergency shelter or a staging area
  397  for emergency response equipment during an emergency officially
  398  declared by the state or by the local government under s.
  399  252.38. Such improvements under this sub-subparagraph are
  400  limited to those necessary to comply with current standards for
  401  public emergency evacuation shelters. The owner must shall enter
  402  into a written contract with the local government providing the
  403  improvement funding to make the such private facility available
  404  to the public for purposes of emergency shelter at no cost to
  405  the local government for a minimum period of 10 years after
  406  completion of the improvement, with the provision that the such
  407  obligation will transfer to any subsequent owner until the end
  408  of the minimum period.
  409         e.Any land-acquisition expenditure for a residential
  410  housing project in which at least 30 percent of the units are
  411  affordable to individuals or families whose total annual
  412  household income does not exceed 120 percent of the area median
  413  income adjusted for household size, if the land is owned by a
  414  local government or by a special district that enters into a
  415  written agreement with the local government to provide such
  416  housing. The local government or special district may enter into
  417  a ground lease with a public or private person or entity for
  418  nominal or other consideration for the construction of the
  419  residential housing project on land acquired pursuant to this
  420  sub-subparagraph.
  421         2.3. Notwithstanding any other provision of this
  422  subsection, a local government infrastructure discretionary
  423  sales surtax imposed or extended after July 1, 1998, the
  424  effective date of this act may allocate up to provide for an
  425  amount not to exceed 15 percent of the local option sales surtax
  426  proceeds to be allocated for deposit in to a trust fund within
  427  the county’s accounts created for the purpose of funding
  428  economic development projects having of a general public purpose
  429  of improving targeted to improve local economies, including the
  430  funding of operational costs and incentives related to such
  431  economic development. The ballot statement must indicate the
  432  intention to make an allocation under the authority of this
  433  subparagraph.
  434         Section 7. Subsection (2) of section 163.3202, Florida
  435  Statutes, is amended to read:
  436         163.3202 Land development regulations.—
  437         (2) Local land development regulations shall contain
  438  specific and detailed provisions necessary or desirable to
  439  implement the adopted comprehensive plan and shall as a minimum:
  440         (a) Regulate the subdivision of land.;
  441         (b) Regulate the use of land and water for those land use
  442  categories included in the land use element and ensure the
  443  compatibility of adjacent uses and provide for open space.;
  444         (c) Provide for protection of potable water wellfields.;
  445         (d) Regulate areas subject to seasonal and periodic
  446  flooding and provide for drainage and stormwater management.;
  447         (e) Ensure the protection of environmentally sensitive
  448  lands designated in the comprehensive plan.;
  449         (f) Regulate signage.;
  450         (g) Provide that public facilities and services meet or
  451  exceed the standards established in the capital improvements
  452  element required by s. 163.3177 and are available when needed
  453  for the development, or that development orders and permits are
  454  conditioned on the availability of these public facilities and
  455  services necessary to serve the proposed development. Not later
  456  than 1 year after its due date established by the state land
  457  planning agency’s rule for submission of local comprehensive
  458  plans pursuant to s. 163.3167(2), a local government shall not
  459  issue a development order or permit which results in a reduction
  460  in the level of services for the affected public facilities
  461  below the level of services provided in the comprehensive plan
  462  of the local government.
  463         (h) Ensure safe and convenient onsite traffic flow,
  464  considering needed vehicle parking.
  465         (i)Maintain the existing density of residential properties
  466  or recreational vehicle parks if the properties are intended for
  467  residential use and are located in the unincorporated areas that
  468  have sufficient infrastructure, as determined by a local
  469  governing authority, and are not located within a coastal high
  470  hazard area under s. 163.3178.
  471         Section 8. Present subsections (25) through (41) of section
  472  420.503, Florida Statutes, are redesignated as subsections (26)
  473  through (42), respectively, and a new subsection (25) is added
  474  to that section to read:
  475         420.503 Definitions.—As used in this part, the term:
  476         (25)“Moderate rehabilitation” means repair or restoration
  477  of a dwelling unit when the value of such repair or restoration
  478  is 40 percent or less of the value of the dwelling unit but not
  479  less than $10,000.
  480         Section 9. Paragraphs (c) and (l) of subsection (6) of
  481  section 420.5087, Florida Statutes, are amended to read:
  482         420.5087 State Apartment Incentive Loan Program.—There is
  483  hereby created the State Apartment Incentive Loan Program for
  484  the purpose of providing first, second, or other subordinated
  485  mortgage loans or loan guarantees to sponsors, including for
  486  profit, nonprofit, and public entities, to provide housing
  487  affordable to very-low-income persons.
  488         (6) On all state apartment incentive loans, except loans
  489  made to housing communities for the elderly to provide for
  490  lifesafety, building preservation, health, sanitation, or
  491  security-related repairs or improvements, the following
  492  provisions shall apply:
  493         (c) The corporation shall provide by rule for the
  494  establishment of a review committee composed of the department
  495  and corporation staff and shall establish by rule a scoring
  496  system for evaluation and competitive ranking of applications
  497  submitted in this program, including, but not limited to, the
  498  following criteria:
  499         1. Tenant income and demographic targeting objectives of
  500  the corporation.
  501         2. Targeting objectives of the corporation which will
  502  ensure an equitable distribution of loans between rural and
  503  urban areas.
  504         3. Sponsor’s agreement to reserve the units for persons or
  505  families who have incomes below 50 percent of the state or local
  506  median income, whichever is higher, for a time period to exceed
  507  the minimum required by federal law or the provisions of this
  508  part.
  509         4. Sponsor’s agreement to reserve more than:
  510         a. Twenty percent of the units in the project for persons
  511  or families who have incomes that do not exceed 50 percent of
  512  the state or local median income, whichever is higher; or
  513         b. Forty percent of the units in the project for persons or
  514  families who have incomes that do not exceed 60 percent of the
  515  state or local median income, whichever is higher, without
  516  requiring a greater amount of the loans as provided in this
  517  section.
  518         5. Provision for tenant counseling.
  519         6. Sponsor’s agreement to accept rental assistance
  520  certificates or vouchers as payment for rent.
  521         7. Projects requiring the least amount of a state apartment
  522  incentive loan compared to overall project cost except that the
  523  share of the loan attributable to units serving extremely-low
  524  income persons shall be excluded from this requirement.
  525         8. Local government contributions and local government
  526  comprehensive planning and activities that promote affordable
  527  housing.
  528         9. Project feasibility.
  529         10. Economic viability of the project.
  530         11. Commitment of first mortgage financing.
  531         12. Sponsor’s prior experience.
  532         13. Sponsor’s ability to proceed with construction.
  533         14. Projects that directly implement or assist welfare-to
  534  work transitioning.
  535         15. Projects that reserve units for extremely-low-income
  536  persons.
  537         16.Projects that include green building principles, storm
  538  resistant construction, or other elements that reduce long-term
  539  costs relating to maintenance, utilities, or insurance.
  540         (l) The proceeds of all loans shall be used for new
  541  construction, moderate rehabilitation, or substantial
  542  rehabilitation which creates or preserves affordable, safe, and
  543  sanitary housing units.
  544         Section 10. Subsection (5) of section 420.622, Florida
  545  Statutes, is amended to read:
  546         420.622 State Office on Homelessness; Council on
  547  Homelessness.—
  548         (5) The State Office on Homelessness, with the concurrence
  549  of the Council on Homelessness, may administer moneys
  550  appropriated to it to provide homeless housing assistance grants
  551  annually to lead agencies for local homeless assistance
  552  continuum of care, as recognized by the State Office on
  553  Homelessness, to acquire, construct, or rehabilitate
  554  transitional or permanent housing units for homeless persons.
  555  These moneys shall consist of any sums that the state may
  556  appropriate, as well as money received from donations, gifts,
  557  bequests, or otherwise from any public or private source, which
  558  are money is intended to acquire, construct, or rehabilitate
  559  transitional or permanent housing units for homeless persons.
  560         (a) Grant applicants shall be ranked competitively.
  561  Preference must be given to applicants who leverage additional
  562  private funds and public funds, particularly federal funds
  563  designated for the acquisition, construction, or and
  564  rehabilitation of transitional or permanent housing for homeless
  565  persons;, who acquire, build, or rehabilitate the greatest
  566  number of units;, and who acquire, build, or rehabilitate in
  567  catchment areas having the greatest need for housing for the
  568  homeless relative to the population of the catchment area.
  569         (b) Funding for any particular project may not exceed
  570  $750,000.
  571         (c) Projects must reserve, for a minimum of 10 years, the
  572  number of units acquired, constructed, or rehabilitated through
  573  homeless housing assistance grant funding to serve persons who
  574  are homeless at the time they assume tenancy.
  575         (d) No more than two grants may be awarded annually in any
  576  given local homeless assistance continuum of care catchment
  577  area.
  578         (e) A project may not be funded which is not included in
  579  the local homeless assistance continuum of care plan, as
  580  recognized by the State Office on Homelessness, for the
  581  catchment area in which the project is located.
  582         (f) The maximum percentage of funds that the State Office
  583  on Homelessness and each applicant may spend on administrative
  584  costs is 5 percent.
  585         Section 11. Section 420.628, Florida Statutes, is created
  586  to read:
  587         420.628Affordable housing for children and young adults
  588  leaving foster care; legislative findings and intent.—
  589         (1)(a)The Legislature finds that there are many young
  590  adults who, through no fault of their own, live in foster
  591  families, group homes, and institutions, and face numerous
  592  barriers to a successful transition to adulthood. Young adults
  593  who are leaving the child welfare system may enter adulthood
  594  lacking the knowledge, skills, attitudes, habits, and
  595  relationships that will enable them to become productive members
  596  of society.
  597         (b)The Legislature further finds that the main barriers to
  598  safe and affordable housing for such young adults are cost, lack
  599  of availability, the unwillingness of landlords to rent to such
  600  youth due to perceived regulatory barriers, and a lack of
  601  knowledge about how to be a good tenant. These barriers cause
  602  young adults to be at risk of becoming homeless.
  603         (c)The Legislature also finds that young adults who leave
  604  the child welfare system are disproportionately represented in
  605  the homeless population. Without the stability of safe and
  606  affordable housing, all other services, training, and
  607  opportunities provided to such young adults may not be
  608  effective. Making affordable housing available will decrease the
  609  chance of homelessness and may increase the ability of such
  610  young adults to live independently.
  611         (d)The Legislature intends that the Florida Housing
  612  Finance Corporation, agencies within the State Housing
  613  Initiative Partnership Program, local housing finance agencies,
  614  public housing authorities, and their agents, and other
  615  providers of affordable housing coordinate with the Department
  616  of Children and Family Services, their agents, and community
  617  based care providers who provide services under s. 409.1671 to
  618  develop and implement strategies and procedures designed to make
  619  affordable housing available whenever and wherever possible to
  620  young adults who leave the child welfare system.
  621         (2)Young adults who leave the child welfare system meet
  622  the definition of eligible persons under ss. 420.503(7) and
  623  420.907(10) for affordable housing, and are encouraged to
  624  participate in federal, state, and local affordable housing
  625  programs. Students deemed to be eligible occupants under 26
  626  U.S.C. 42(i)(3)(d) shall be considered eligible persons for
  627  purposes of all projects funded under this chapter.
  628         Section 12. Subsections (4), (8), (16), and (25) of section
  629  420.9071, Florida Statutes, are amended, and subsections (29)
  630  and (30) are added to that section, to read:
  631         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  632  term:
  633         (4) “Annual gross income” means annual income as defined
  634  under the Section 8 housing assistance payments programs in 24
  635  C.F.R. part 5; annual income as reported under the census long
  636  form for the recent available decennial census; or adjusted
  637  gross income as defined for purposes of reporting under Internal
  638  Revenue Service Form 1040 for individual federal annual income
  639  tax purposes or as defined by standard practices used in the
  640  lending industry as detailed in the local housing assistance
  641  plan and approved by the corporation. Counties and eligible
  642  municipalities shall calculate income by annualizing verified
  643  sources of income for the household as the amount of income to
  644  be received in a household during the 12 months following the
  645  effective date of the determination.
  646         (8) “Eligible housing” means any real and personal property
  647  located within the county or the eligible municipality which is
  648  designed and intended for the primary purpose of providing
  649  decent, safe, and sanitary residential units that are designed
  650  to meet the standards of the Florida Building Code or previous
  651  building codes adopted under chapter 553, or manufactured
  652  housing constructed after June 1994 and installed in accordance
  653  with the installation standards for mobile or manufactured homes
  654  contained in rules of the Department of Highway Safety and Motor
  655  Vehicles, for home ownership or rental for eligible persons as
  656  designated by each county or eligible municipality participating
  657  in the State Housing Initiatives Partnership Program.
  658         (16) “Local housing incentive strategies” means local
  659  regulatory reform or incentive programs to encourage or
  660  facilitate affordable housing production, which include at a
  661  minimum, assurance that permits as defined in s. 163.3164(7) and
  662  (8) for affordable housing projects are expedited to a greater
  663  degree than other projects; an ongoing process for review of
  664  local policies, ordinances, regulations, and plan provisions
  665  that increase the cost of housing prior to their adoption; and a
  666  schedule for implementing the incentive strategies. Local
  667  housing incentive strategies may also include other regulatory
  668  reforms, such as those enumerated in s. 420.9076 or those
  669  recommended by the affordable housing advisory committee in its
  670  triennial evaluation of the implementation of affordable housing
  671  incentives, and adopted by the local governing body.
  672         (25) “Recaptured funds” means funds that are recouped by a
  673  county or eligible municipality in accordance with the recapture
  674  provisions of its local housing assistance plan pursuant to s.
  675  420.9075(5)(h)(g) from eligible persons or eligible sponsors,
  676  which funds were not used for assistance to an eligible
  677  household for an eligible activity, when there is a who default
  678  on the terms of a grant award or loan award.
  679         (29)“Assisted housing” or “assisted housing development”
  680  means a rental housing development, including rental housing in
  681  a mixed-use development, that received or currently receives
  682  funding from any federal or state housing program.
  683         (30)“Preservation” means actions taken to keep rents in
  684  existing assisted housing affordable for extremely-low-income,
  685  very-low-income, low-income, and moderate-income households
  686  while ensuring that the property stays in good physical and
  687  financial condition for an extended period.
  688         Section 13. Subsections (6) and (7) of section 420.9072,
  689  Florida Statutes, are amended to read:
  690         420.9072 State Housing Initiatives Partnership Program.—The
  691  State Housing Initiatives Partnership Program is created for the
  692  purpose of providing funds to counties and eligible
  693  municipalities as an incentive for the creation of local housing
  694  partnerships, to expand production of and preserve affordable
  695  housing, to further the housing element of the local government
  696  comprehensive plan specific to affordable housing, and to
  697  increase housing-related employment.
  698         (6) The moneys that otherwise would be distributed pursuant
  699  to s. 420.9073 to a local government that does not meet the
  700  program’s requirements for receipts of such distributions shall
  701  remain in the Local Government Housing Trust Fund to be
  702  administered by the corporation pursuant to s. 420.9078.
  703         (7) A county or an eligible municipality must expend its
  704  portion of the local housing distribution only to implement a
  705  local housing assistance plan or as provided in this subsection.
  706         (a) A county or an eligible municipality may not expend its
  707  portion of the local housing distribution to provide rent
  708  subsidies; however, this does not prohibit the use of funds for
  709  security and utility deposit assistance.
  710         (b)A county or an eligible municipality may expend a
  711  portion of the local housing distribution to provide a one-time
  712  relocation grant to persons who meet the income requirements of
  713  the State Housing Initiatives Partnership Program and who are
  714  subject to eviction from rental property located in the county
  715  or eligible municipality due to the foreclosure of the rental
  716  property. In order to receive a grant under this paragraph, a
  717  person must provide the county or eligible municipality with
  718  proof of meeting the income requirements of a very-low-income
  719  household, a low-income household, or a moderate-income
  720  household; a notice of eviction; and proof that the rent has
  721  been paid for at least 3 months before the date of eviction,
  722  including the month that the notice of eviction was served.
  723  Relocation assistance under this paragraph is limited to a one
  724  time grant of not more than $5,000 and is not limited to persons
  725  who are subject to eviction from projects funded under the State
  726  Housing Initiatives Partnership Program. This paragraph expires
  727  July 1, 2010.
  728         Section 14. Subsections (1) and (2) of section 420.9073,
  729  Florida Statutes, are amended, and subsections (5), (6), and (7)
  730  are added to that section, to read:
  731         420.9073 Local housing distributions.—
  732         (1) Distributions calculated in this section shall be
  733  disbursed on a quarterly or more frequent monthly basis by the
  734  corporation beginning the first day of the month after program
  735  approval pursuant to s. 420.9072, subject to availability of
  736  funds. Each county’s share of the funds to be distributed from
  737  the portion of the funds in the Local Government Housing Trust
  738  Fund received pursuant to s. 201.15(9) shall be calculated by
  739  the corporation for each fiscal year as follows:
  740         (a) 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, shall
  743  receive the guaranteed amount for each fiscal year.
  744         (b) Each county other than a county that has implemented
  745  the provisions of chapter 83-220, Laws of Florida, as amended by
  746  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  747  receive an additional share calculated as follows:
  748         1. Multiply each county’s percentage of the total state
  749  population excluding the population of any county that has
  750  implemented the provisions of chapter 83-220, Laws of Florida,
  751  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  752  Florida, by the total funds to be distributed.
  753         2. If the result in subparagraph 1. is less than the
  754  guaranteed amount as determined in subsection (3), that county’s
  755  additional share shall be zero.
  756         3. For each county in which the result in subparagraph 1.
  757  is greater than the guaranteed amount as determined in
  758  subsection (3), the amount calculated in subparagraph 1. shall
  759  be reduced by the guaranteed amount. The result for each such
  760  county shall be expressed as a percentage of the amounts so
  761  determined for all counties. Each such county shall receive an
  762  additional share equal to such percentage multiplied by the
  763  total funds received by the Local Government Housing Trust Fund
  764  pursuant to s. 201.15(9) reduced by the guaranteed amount paid
  765  to all counties.
  766         (2) Effective July 1, 1995, Distributions calculated in
  767  this section shall be disbursed on a quarterly or more frequent
  768  monthly basis by the corporation beginning the first day of the
  769  month after program approval pursuant to s. 420.9072, subject to
  770  availability of funds. Each county’s share of the funds to be
  771  distributed from the portion of the funds in the Local
  772  Government Housing Trust Fund received pursuant to s. 201.15(10)
  773  shall be calculated by the corporation for each fiscal year as
  774  follows:
  775         (a) Each county shall receive the guaranteed amount for
  776  each fiscal year.
  777         (b) Each county may receive an additional share calculated
  778  as follows:
  779         1. Multiply each county’s percentage of the total state
  780  population, by the total funds to be distributed.
  781         2. If the result in subparagraph 1. is less than the
  782  guaranteed amount as determined in subsection (3), that county’s
  783  additional share shall be zero.
  784         3. For each county in which the result in subparagraph 1.
  785  is greater than the guaranteed amount, the amount calculated in
  786  subparagraph 1. shall be reduced by the guaranteed amount. The
  787  result for each such county shall be expressed as a percentage
  788  of the amounts so determined for all counties. Each such county
  789  shall receive an additional share equal to this percentage
  790  multiplied by the total funds received by the Local Government
  791  Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
  792  guaranteed amount paid to all counties.
  793         (5)Notwithstanding subsections (1)-(4), the corporation
  794  may withhold up to $5 million of the total amount distributed
  795  each fiscal year from the Local Government Housing Trust Fund to
  796  provide additional funding to counties and eligible
  797  municipalities where a state of emergency has been declared by
  798  the Governor pursuant to chapter 252. Any portion of the
  799  withheld funds not distributed by the end of the fiscal year
  800  shall be distributed as provided in subsections (1) and (2).
  801         (6)Notwithstanding subsections (1)-(4), the corporation
  802  may withhold up to $5 million from the total amount distributed
  803  each fiscal year from the Local Government Housing Trust Fund to
  804  provide funding to counties and eligible municipalities to
  805  purchase properties subject to a State Housing Initiative
  806  Partnership Program lien and on which foreclosure proceedings
  807  have been initiated by any mortgagee. Each county and eligible
  808  municipality that receives funds under this subsection shall
  809  repay such funds to the corporation not later than the
  810  expenditure deadline for the fiscal year in which the funds were
  811  awarded. Amounts not repaid shall be withheld from the
  812  subsequent year’s distribution. Any portion of such funds not
  813  distributed under this subsection by the end of the fiscal year
  814  shall be distributed as provided in subsections (1) and (2).
  815         (7)A county receiving local housing distributions under
  816  this section or an eligible municipality that receives local
  817  housing distributions under an interlocal agreement shall expend
  818  those funds in accordance with the provisions of ss. 420.907
  819  420.9079, rules of the corporation, and the county’s local
  820  housing assistance plan.
  821         Section 15. Subsections (1), (3), (5), and (8), paragraphs
  822  (a) and (h) of subsection (10), and paragraph (b) of subsection
  823  (13) of section 420.9075, Florida Statutes, are amended, and
  824  subsection (14) is added to that section, to read:
  825         420.9075 Local housing assistance plans; partnerships.—
  826         (1)(a) Each county or eligible municipality participating
  827  in the State Housing Initiatives Partnership Program shall
  828  develop and implement a local housing assistance plan created to
  829  make affordable residential units available to persons of very
  830  low income, low income, or moderate income and to persons who
  831  have special housing needs, including, but not limited to,
  832  homeless people, the elderly, and migrant farmworkers, and
  833  persons with disabilities. Counties or eligible municipalities
  834  may include strategies to assist persons and households having
  835  annual incomes of not more than 140 percent of area median
  836  income. The plans are intended to increase the availability of
  837  affordable residential units by combining local resources and
  838  cost-saving measures into a local housing partnership and using
  839  private and public funds to reduce the cost of housing.
  840         (b) Local housing assistance plans may allocate funds to:
  841         1. Implement local housing assistance strategies for the
  842  provision of affordable housing.
  843         2. Supplement funds available to the corporation to provide
  844  enhanced funding of state housing programs within the county or
  845  the eligible municipality.
  846         3. Provide the local matching share of federal affordable
  847  housing grants or programs.
  848         4. Fund emergency repairs, including, but not limited to,
  849  repairs performed by existing service providers under
  850  weatherization assistance programs under ss. 409.509-409.5093.
  851         5. Further the housing element of the local government
  852  comprehensive plan adopted pursuant to s. 163.3184, specific to
  853  affordable housing.
  854         (3)(a) Each local housing assistance plan shall include a
  855  definition of essential service personnel for the county or
  856  eligible municipality, including, but not limited to, teachers
  857  and educators, other school district, community college, and
  858  university employees, police and fire personnel, health care
  859  personnel, skilled building trades personnel, and other job
  860  categories.
  861         (b) Each county and each eligible municipality is
  862  encouraged to develop a strategy within its local housing
  863  assistance plan that emphasizes the recruitment and retention of
  864  essential service personnel. The local government is encouraged
  865  to involve public and private sector employers. Compliance with
  866  the eligibility criteria established under this strategy shall
  867  be verified by the county or eligible municipality.
  868         (c) Each county and each eligible municipality is
  869  encouraged to develop a strategy within its local housing
  870  assistance plan that addresses the needs of persons who are
  871  deprived of affordable housing due to the closure of a mobile
  872  home park or the conversion of affordable rental units to
  873  condominiums.
  874         (d)Each county and each eligible municipality shall
  875  describe initiatives in the local housing assistance plan to
  876  encourage or require innovative design, green building
  877  principles, storm-resistant construction, or other elements that
  878  reduce long-term costs relating to maintenance, utilities, or
  879  insurance.
  880         (e)Each county and each eligible municipality is
  881  encouraged to develop a strategy within its local housing
  882  assistance plan which provides program funds for the
  883  preservation of assisted housing.
  884         (5) The following criteria apply to awards made to eligible
  885  sponsors or eligible persons for the purpose of providing
  886  eligible housing:
  887         (a) At least 65 percent of the funds made available in each
  888  county and eligible municipality from the local housing
  889  distribution must be reserved for home ownership for eligible
  890  persons.
  891         (b) At least 75 percent of the funds made available in each
  892  county and eligible municipality from the local housing
  893  distribution must be reserved for construction, rehabilitation,
  894  or emergency repair of affordable, eligible housing.
  895         (c)Not more than 20 percent of the funds made available in
  896  each county and eligible municipality from the local housing
  897  distribution may be used for manufactured housing.
  898         (d)(c) The sales price or value of new or existing eligible
  899  housing may not exceed 90 percent of the average area purchase
  900  price in the statistical area in which the eligible housing is
  901  located. Such average area purchase price may be that calculated
  902  for any 12-month period beginning not earlier than the fourth
  903  calendar year prior to the year in which the award occurs or as
  904  otherwise established by the United States Department of the
  905  Treasury.
  906         (e)(d)1. All units constructed, rehabilitated, or otherwise
  907  assisted with the funds provided from the local housing
  908  assistance trust fund must be occupied by very-low-income
  909  persons, low-income persons, and moderate-income persons except
  910  as otherwise provided in this section.
  911         2. At least 30 percent of the funds deposited into the
  912  local housing assistance trust fund must be reserved for awards
  913  to very-low-income persons or eligible sponsors who will serve
  914  very-low-income persons and at least an additional 30 percent of
  915  the funds deposited into the local housing assistance trust fund
  916  must be reserved for awards to low-income persons or eligible
  917  sponsors who will serve low-income persons. This subparagraph
  918  does not apply to a county or an eligible municipality that
  919  includes, or has included within the previous 5 years, an area
  920  of critical state concern designated or ratified by the
  921  Legislature for which the Legislature has declared its intent to
  922  provide affordable housing. The exemption created by this act
  923  expires on July 1, 2013, and shall apply retroactively 2008.
  924         (f)(e) Loans shall be provided for periods not exceeding 30
  925  years, except for deferred payment loans or loans that extend
  926  beyond 30 years which continue to serve eligible persons.
  927         (g)(f) Loans or grants for eligible rental housing
  928  constructed, rehabilitated, or otherwise assisted from the local
  929  housing assistance trust fund must be subject to recapture
  930  requirements as provided by the county or eligible municipality
  931  in its local housing assistance plan unless reserved for
  932  eligible persons for 15 years or the term of the assistance,
  933  whichever period is longer. Eligible sponsors that offer rental
  934  housing for sale before 15 years or that have remaining
  935  mortgages funded under this program must give a first right of
  936  refusal to eligible nonprofit organizations for purchase at the
  937  current market value for continued occupancy by eligible
  938  persons.
  939         (h)(g) Loans or grants for eligible owner-occupied housing
  940  constructed, rehabilitated, or otherwise assisted from proceeds
  941  provided from the local housing assistance trust fund shall be
  942  subject to recapture requirements as provided by the county or
  943  eligible municipality in its local housing assistance plan.
  944         (i)(h) The total amount of monthly mortgage payments or the
  945  amount of monthly rent charged by the eligible sponsor or her or
  946  his designee must be made affordable.
  947         (j)(i) The maximum sales price or value per unit and the
  948  maximum award per unit for eligible housing benefiting from
  949  awards made pursuant to this section must be established in the
  950  local housing assistance plan.
  951         (k)(j) The benefit of assistance provided through the State
  952  Housing Initiatives Partnership Program must accrue to eligible
  953  persons occupying eligible housing. This provision shall not be
  954  construed to prohibit use of the local housing distribution
  955  funds for a mixed income rental development.
  956         (l)(k) Funds from the local housing distribution not used
  957  to meet the criteria established in paragraph (a) or paragraph
  958  (b) or not used for the administration of a local housing
  959  assistance plan must be used for housing production and finance
  960  activities, including, but not limited to, financing
  961  preconstruction activities or the purchase of existing units,
  962  providing rental housing, and providing home ownership training
  963  to prospective home buyers and owners of homes assisted through
  964  the local housing assistance plan.
  965         1. Notwithstanding the provisions of paragraphs (a) and
  966  (b), program income as defined in s. 420.9071(24) may also be
  967  used to fund activities described in this paragraph.
  968         2.When preconstruction due-diligence activities conducted
  969  as part of a preservation strategy show that preservation of the
  970  units is not feasible and will not result in the production of
  971  an eligible unit, such costs shall be deemed a program expense
  972  rather than an administrative expense if such program expenses
  973  do not exceed 3 percent of the annual local housing
  974  distribution.
  975         3. If both an award under the local housing assistance plan
  976  and federal low-income housing tax credits are used to assist a
  977  project and there is a conflict between the criteria prescribed
  978  in this subsection and the requirements of s. 42 of the Internal
  979  Revenue Code of 1986, as amended, the county or eligible
  980  municipality may resolve the conflict by giving precedence to
  981  the requirements of s. 42 of the Internal Revenue Code of 1986,
  982  as amended, in lieu of following the criteria prescribed in this
  983  subsection with the exception of paragraphs (a) and (e) (d) of
  984  this subsection.
  985         4.Each county and each eligible municipality may award
  986  funds as a grant for construction, rehabilitation, or repair as
  987  part of disaster recovery or emergency repairs or to remedy
  988  accessibility or health and safety deficiencies. Any other
  989  grants must be approved as part of the local housing assistance
  990  plan.
  991         (8) Pursuant to s. 420.531, the corporation shall provide
  992  training and technical assistance to local governments regarding
  993  the creation of partnerships, the design of local housing
  994  assistance strategies, the implementation of local housing
  995  incentive strategies, and the provision of support services.
  996         (10) Each county or eligible municipality shall submit to
  997  the corporation by September 15 of each year a report of its
  998  affordable housing programs and accomplishments through June 30
  999  immediately preceding submittal of the report. The report shall
 1000  be certified as accurate and complete by the local government’s
 1001  chief elected official or his or her designee. Transmittal of
 1002  the annual report by a county’s or eligible municipality’s chief
 1003  elected official, or his or her designee, certifies that the
 1004  local housing incentive strategies, or, if applicable, the local
 1005  housing incentive plan, have been implemented or are in the
 1006  process of being implemented pursuant to the adopted schedule
 1007  for implementation. The report must include, but is not limited
 1008  to:
 1009         (a) The number of households served by income category,
 1010  age, family size, and race, and data regarding any special needs
 1011  populations such as farmworkers, homeless persons, persons with
 1012  disabilities, and the elderly. Counties shall report this
 1013  information separately for households served in the
 1014  unincorporated area and each municipality within the county.
 1015         (h) Such other data or affordable housing accomplishments
 1016  considered significant by the reporting county or eligible
 1017  municipality or by the corporation.
 1018         (13)
 1019         (b) If, as a result of its review of the annual report, the
 1020  corporation determines that a county or eligible municipality
 1021  has failed to implement a local housing incentive strategy, or,
 1022  if applicable, a local housing incentive plan, it shall send a
 1023  notice of termination of the local government’s share of the
 1024  local housing distribution by certified mail to the affected
 1025  county or eligible municipality.
 1026         1. The notice must specify a date of termination of the
 1027  funding if the affected county or eligible municipality does not
 1028  implement the plan or strategy and provide for a local response.
 1029  A county or eligible municipality shall respond to the
 1030  corporation within 30 days after receipt of the notice of
 1031  termination.
 1032         2. The corporation shall consider the local response that
 1033  extenuating circumstances precluded implementation and grant an
 1034  extension to the timeframe for implementation. Such an extension
 1035  shall be made in the form of an extension agreement that
 1036  provides a timeframe for implementation. The chief elected
 1037  official of a county or eligible municipality or his or her
 1038  designee shall have the authority to enter into the agreement on
 1039  behalf of the local government.
 1040         3. If the county or the eligible municipality has not
 1041  implemented the incentive strategy or entered into an extension
 1042  agreement by the termination date specified in the notice, the
 1043  local housing distribution share terminates, and any uncommitted
 1044  local housing distribution funds held by the affected county or
 1045  eligible municipality in its local housing assistance trust fund
 1046  shall be transferred to the Local Government Housing Trust Fund
 1047  to the credit of the corporation to administer pursuant to s.
 1048  420.9078.
 1049         4.a. If the affected local government fails to meet the
 1050  timeframes specified in the agreement, the corporation shall
 1051  terminate funds. The corporation shall send a notice of
 1052  termination of the local government’s share of the local housing
 1053  distribution by certified mail to the affected local government.
 1054  The notice shall specify the termination date, and any
 1055  uncommitted funds held by the affected local government shall be
 1056  transferred to the Local Government Housing Trust Fund to the
 1057  credit of the corporation to administer pursuant to s. 420.9078.
 1058         b. If the corporation terminates funds to a county, but an
 1059  eligible municipality receiving a local housing distribution
 1060  pursuant to an interlocal agreement maintains compliance with
 1061  program requirements, the corporation shall thereafter
 1062  distribute directly to the participating eligible municipality
 1063  its share calculated in the manner provided in s. 420.9072.
 1064         c. Any county or eligible municipality whose local
 1065  distribution share has been terminated may subsequently elect to
 1066  receive directly its local distribution share by adopting the
 1067  ordinance, resolution, and local housing assistance plan in the
 1068  manner and according to the procedures provided in ss. 420.907
 1069  420.9079.
 1070         (14)If the corporation determines that a county or
 1071  eligible municipality has expended program funds for an
 1072  ineligible activity, the corporation shall require such funds to
 1073  be repaid to the local housing assistance trust fund. Such
 1074  repayment may not be made with funds from the State Housing
 1075  Initiatives Partnership Program.
 1076         Section 16. Paragraph (h) of subsection (2), subsections
 1077  (5) and (6), and paragraph (a) of subsection (7) of section
 1078  420.9076, Florida Statutes, are amended to read:
 1079         420.9076 Adoption of affordable housing incentive
 1080  strategies; committees.—
 1081         (2) The governing board of a county or municipality shall
 1082  appoint the members of the affordable housing advisory committee
 1083  by resolution. Pursuant to the terms of any interlocal
 1084  agreement, a county and municipality may create and jointly
 1085  appoint an advisory committee to prepare a joint plan. The
 1086  ordinance adopted pursuant to s. 420.9072 which creates the
 1087  advisory committee or the resolution appointing the advisory
 1088  committee members must provide for 11 committee members and
 1089  their terms. The committee must include:
 1090         (h) One citizen who actively serves on the local planning
 1091  agency pursuant to s. 163.3174. If the local planning agency is
 1092  comprised of the governing board of the county or municipality,
 1093  the governing board may appoint a designee who is knowledgeable
 1094  in the local planning process.
 1095  
 1096  If a county or eligible municipality whether due to its small
 1097  size, the presence of a conflict of interest by prospective
 1098  appointees, or other reasonable factor, is unable to appoint a
 1099  citizen actively engaged in these activities in connection with
 1100  affordable housing, a citizen engaged in the activity without
 1101  regard to affordable housing may be appointed. Local governments
 1102  that receive the minimum allocation under the State Housing
 1103  Initiatives Partnership Program may elect to appoint an
 1104  affordable housing advisory committee with fewer than 11
 1105  representatives if they are unable to find representatives who
 1106  meet the criteria of paragraphs (a)-(k).
 1107         (5) The approval by the advisory committee of its local
 1108  housing incentive strategies recommendations and its review of
 1109  local government implementation of previously recommended
 1110  strategies must be made by affirmative vote of a majority of the
 1111  membership of the advisory committee taken at a public hearing.
 1112  Notice of the time, date, and place of the public hearing of the
 1113  advisory committee to adopt its evaluation and final local
 1114  housing incentive strategies recommendations must be published
 1115  in a newspaper of general paid circulation in the county. The
 1116  notice must contain a short and concise summary of the
 1117  evaluation and local housing incentives strategies
 1118  recommendations to be considered by the advisory committee. The
 1119  notice must state the public place where a copy of the
 1120  evaluation and tentative advisory committee recommendations can
 1121  be obtained by interested persons. The final report, evaluation,
 1122  and recommendations shall be submitted to the corporation.
 1123         (6) Within 90 days after the date of receipt of the
 1124  evaluation and local housing incentive strategies
 1125  recommendations from the advisory committee, the governing body
 1126  of the appointing local government shall adopt an amendment to
 1127  its local housing assistance plan to incorporate the local
 1128  housing incentive strategies it will implement within its
 1129  jurisdiction. The amendment must include, at a minimum, the
 1130  local housing incentive strategies required under s.
 1131  420.9071(16). The local government must consider the strategies
 1132  specified in paragraphs (4)(a)-(k) as recommended by the
 1133  advisory committee.
 1134         (7) The governing board of the county or the eligible
 1135  municipality shall notify the corporation by certified mail of
 1136  its adoption of an amendment of its local housing assistance
 1137  plan to incorporate local housing incentive strategies. The
 1138  notice must include a copy of the approved amended plan.
 1139         (a) If the corporation fails to receive timely the approved
 1140  amended local housing assistance plan to incorporate local
 1141  housing incentive strategies, a notice of termination of its
 1142  share of the local housing distribution shall be sent by
 1143  certified mail by the corporation to the affected county or
 1144  eligible municipality. The notice of termination must specify a
 1145  date of termination of the funding if the affected county or
 1146  eligible municipality has not adopted an amended local housing
 1147  assistance plan to incorporate local housing incentive
 1148  strategies. If the county or the eligible municipality has not
 1149  adopted an amended local housing assistance plan to incorporate
 1150  local housing incentive strategies by the termination date
 1151  specified in the notice of termination, the local distribution
 1152  share terminates; and any uncommitted local distribution funds
 1153  held by the affected county or eligible municipality in its
 1154  local housing assistance trust fund shall be transferred to the
 1155  Local Government Housing Trust Fund to the credit of the
 1156  corporation to administer the local government housing program
 1157  pursuant to s. 420.9078.
 1158         Section 17. Section 420.9078, Florida Statutes, is
 1159  repealed.
 1160         Section 18. Section 420.9079, Florida Statutes, is amended
 1161  to read:
 1162         420.9079 Local Government Housing Trust Fund.—
 1163         (1) There is created in the State Treasury the Local
 1164  Government Housing Trust Fund, which shall be administered by
 1165  the corporation on behalf of the department according to the
 1166  provisions of ss. 420.907-420.9076 420.907-420.9078 and this
 1167  section. There shall be deposited into the fund a portion of the
 1168  documentary stamp tax revenues as provided in s. 201.15, moneys
 1169  received from any other source for the purposes of ss. 420.907
 1170  420.9076 420.907-420.9078 and this section, and all proceeds
 1171  derived from the investment of such moneys. Moneys in the fund
 1172  that are not currently needed for the purposes of the programs
 1173  administered pursuant to ss. 420.907-420.9076 420.907-420.9078
 1174  and this section shall be deposited to the credit of the fund
 1175  and may be invested as provided by law. The interest received on
 1176  any such investment shall be credited to the fund.
 1177         (2) The corporation shall administer the fund exclusively
 1178  for the purpose of implementing the programs described in ss.
 1179  420.907-420.9076 420.907-420.9078 and this section. With the
 1180  exception of monitoring the activities of counties and eligible
 1181  municipalities to determine local compliance with program
 1182  requirements, the corporation shall not receive appropriations
 1183  from the fund for administrative or personnel costs. For the
 1184  purpose of implementing the compliance monitoring provisions of
 1185  s. 420.9075(9), the corporation may request a maximum of one
 1186  quarter of 1 percent of the annual appropriation per state
 1187  fiscal year. When such funding is appropriated, the corporation
 1188  shall deduct the amount appropriated prior to calculating the
 1189  local housing distribution pursuant to ss. 420.9072 and
 1190  420.9073.
 1191         Section 19. Subsection (12) of section 1001.43, Florida
 1192  Statutes, is amended to read:
 1193         1001.43 Supplemental powers and duties of district school
 1194  board.—The district school board may exercise the following
 1195  supplemental powers and duties as authorized by this code or
 1196  State Board of Education rule.
 1197         (12) AFFORDABLE HOUSING.—A district school board may use
 1198  portions of school sites purchased within the guidelines of the
 1199  State Requirements for Educational Facilities, land deemed not
 1200  usable for educational purposes because of location or other
 1201  factors, or land declared as surplus by the board to provide
 1202  sites for affordable housing for teachers and other district
 1203  personnel and, in areas of critical state concern, for other
 1204  essential services personnel as defined by local affordable
 1205  housing eligibility requirements, independently or in
 1206  conjunction with other agencies as described in subsection (5).
 1207         Section 20. This act shall take effect July 1, 2009.