CS/HB 161

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

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