CS/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. 163.3202, F.S.; requiring that
9	local land development regulations maintain the existing
10	density of residential properties or recreational vehicle
11	parks under certain circumstances; creating s. 193.018,
12	F.S.; providing for the assessment of property receiving
13	the low-income housing tax credit; defining the term
14	"community land trust"; providing for the assessment of
15	structural improvements, condominium parcels, and
16	cooperative parcels on land owned by a community land
17	trust and used to provide affordable housing; providing
18	for the conveyance of structural improvements, condominium
19	parcels, and cooperative parcels subject to certain
20	conditions; specifying the criteria to be used in arriving
21	at just valuation of a structural improvement, condominium
22	parcel, or cooperative parcel; amending s. 196.196, F.S.;
23	providing additional criteria for determining whether
24	certain affordable housing property owned by certain
25	exempt organizations is entitled to an exemption from ad
26	valorem taxation; providing a definition; subjecting
27	organizations owning certain property to ad valorem
28	taxation under certain circumstances; providing for tax
29	liens; providing for penalties and interest; providing an
30	exception; providing notice requirements; amending s.
31	196.1978, F.S.; providing that property owned by certain
32	nonprofit entities or Florida-based limited partnerships
33	and used or held for the purpose of providing affordable
34	housing to certain income-qualified persons is exempt from
35	ad valorem taxation; revising legislative intent; amending
36	s. 212.055, F.S.; redefining the term "infrastructure" to
37	allow the proceeds of a local government infrastructure
38	surtax to be used to purchase land for certain purposes
39	relating to construction of affordable housing; amending
40	s. 420.503, F.S.; defining the term "moderate
41	rehabilitation" for purposes of the Florida Housing
42	Finance Corporation Act; amending s. 420.507, F.S.;
43	prohibiting the corporation from limiting the number of
44	certain applications eligible for consideration; providing
45	applicability; providing the corporation with certain
46	powers relating to competitive programs; providing
47	criteria for the evaluation of domicile and experience of
48	developers and general contractors; providing the
49	corporation with certain powers relating to developing and
50	administering a grant program; requiring the corporation
51	to adopt rules; amending s. 420.5087, F.S.; revising
52	purposes for which state apartment incentive loans may be
53	used; amending s. 420.615, F.S.; revising provisions
54	relating to comprehensive plan amendments; authorizing
55	certain persons to challenge the compliance of an
56	amendment; amending s. 420.622, F.S.; authorizing the
57	agencies that provide a local homeless assistance
58	continuum of care to use homeless housing assistance
59	grants, provided by the State Office on Homelessness
60	within the Department of Children and Family Services, to
61	acquire transitional or permanent housing units for
62	homeless persons; creating s. 420.628, F.S.; providing
63	legislative findings and intent; requiring certain
64	governmental entities to develop and implement strategies
65	and procedures designed to increase affordable housing
66	opportunities for young adults who are leaving the child
67	welfare system; amending s. 420.9071, F.S.; revising and
68	providing definitions; amending s. 420.9072, F.S.;
69	conforming a cross-reference; authorizing counties and
70	eligible municipalities to use funds from the State
71	Housing Initiatives Partnership Program to provide
72	relocation grants for persons who are evicted from rental
73	properties that are in foreclosure; providing eligibility
74	requirements for receiving a grant; providing that
75	authorization for the relocation grants expires July 1,
76	2010; amending s. 420.9073, F.S.; revising the frequency
77	with which local housing distributions are to be made by
78	the corporation; authorizing the corporation to withhold
79	funds from the total distribution annually for specified
80	purposes; requiring counties and eligible municipalities
81	that receive local housing distributions to expend those
82	funds in a specified manner; reenacting and amending s.
83	420.9075(5)(d), F.S., to extend the expiration date of an
84	exemption from certain income requirements in specified
85	areas to qualify for awards from local housing assistance
86	trust funds; providing for retroactive operation; amending
87	s. 420.9075, F.S.; requiring that local housing assistance
88	plans address the special housing needs of persons with
89	disabilities; authorizing the corporation to define high-
90	cost counties and eligible municipalities by rule;
91	authorizing high-cost counties and certain municipalities
92	to assist persons and households meeting specific income
93	requirements; revising requirements to be included in the
94	local housing assistance plan; requiring counties and
95	certain municipalities to include certain initiatives and
96	strategies in the local housing assistance plan; revising
97	criteria that apply to awards made for the purpose of
98	providing eligible housing; authorizing and limiting the
99	percentage of funds from the local housing distribution
100	that may be used for manufactured housing; authorizing the
101	use of certain funds for preconstruction activities;
102	providing that certain costs are a program expense;
103	authorizing counties and certain municipalities to award
104	grant funds under certain conditions; providing for the
105	repayment of funds by the local housing assistance trust
106	fund; deleting cross-references to conform to changes made
107	by the act; amending s. 420.9076, F.S.; revising
108	appointments to a local affordable housing advisory
109	committee; revising notice requirements for public
110	hearings of the advisory committee; requiring the
111	committee's final report, evaluation, and recommendations
112	to be submitted to the corporation; deleting a cross-
113	reference to conform to changes made by the act; repealing
114	s. 420.9078, F.S., relating to state administration of
115	funds remaining in the Local Government Housing Trust
116	Fund; amending s. 420.9079, F.S.; conforming cross-
117	references; amending s. 1001.43, F.S.; revising district
118	school board powers and duties in relation to use of land
119	for affordable housing in certain areas for certain
120	personnel; providing effective dates.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1.  Subsection (4) of section 159.807, Florida
125	Statutes, is amended to read:
126	159.807  State allocation pool.--
127	(4)(a)  The state allocation pool shall also be used to
128	provide written confirmations for private activity bonds that
129	are to be issued by state agencies, which bonds, notwithstanding
130	any other provisions of this part, shall receive priority in the
131	use of the pool available at the time the notice of intent to
132	issue such bonds is filed with the division.
133	(b)  Notwithstanding the provisions of paragraph (a), on or
134	before November 15 of each year, the Florida Housing Finance
135	Corporation's access to the state allocation pool is limited to
136	the amount of the corporation's initial allocation under s.
137	159.804. Thereafter, the corporation may not receive more than
138	80 percent of the amount in the state allocation pool on
139	November 16 of each year, and may not receive more than 80
140	percent of any additional amounts that become available during
141	the remainder of the calendar year, provided the limitations set
142	forth in this paragraph shall not apply to the allocation of
143	state volume limitation to the Florida Housing Finance
144	Corporation pursuant to s. 159.81(2)(b), (c), or (d). This
145	subsection does not apply to the Florida Housing Finance
146	Corporation:
147	1.  Until its allocation pursuant to s. 159.804(3) has been
148	exhausted, is unavailable, or is inadequate to provide an
149	allocation pursuant to s. 159.804(3) and any carryforwards of
150	volume limitation from prior years for the same carryforward
151	purpose, as that term is defined in s. 146 of the Code, as the
152	bonds it intends to issue have been completely utilized or have
153	expired.
154	2.  Prior to July 1 of any year, when housing bonds for
155	which the Florida Housing Finance Corporation has made an
156	assignment of its allocation permitted by s. 159.804(3)(c) have
157	not been issued.
158	Section 2.  Subsection (2) of section 163.3202, Florida
159	Statutes, is amended to read:
160	163.3202  Land development regulations.--
161	(2)  Local land development regulations shall contain
162	specific and detailed provisions necessary or desirable to
163	implement the adopted comprehensive plan and shall as a minimum:
164	(a)  Regulate the subdivision of land.;
165	(b)  Regulate the use of land and water for those land use
166	categories included in the land use element and ensure the
167	compatibility of adjacent uses and provide for open space.;
168	(c)  Provide for protection of potable water wellfields.;
169	(d)  Regulate areas subject to seasonal and periodic
170	flooding and provide for drainage and stormwater management.;
171	(e)  Ensure the protection of environmentally sensitive
172	lands designated in the comprehensive plan.;
173	(f)  Regulate signage.;
174	(g)  Provide that public facilities and services meet or
175	exceed the standards established in the capital improvements
176	element required by s. 163.3177 and are available when needed
177	for the development, or that development orders and permits are
178	conditioned on the availability of these public facilities and
179	services necessary to serve the proposed development. Not later
180	than 1 year after its due date established by the state land
181	planning agency's rule for submission of local comprehensive
182	plans pursuant to s. 163.3167(2), a local government shall not
183	issue a development order or permit which results in a reduction
184	in the level of services for the affected public facilities
185	below the level of services provided in the comprehensive plan
186	of the local government.
187	(h)  Ensure safe and convenient onsite traffic flow,
188	considering needed vehicle parking.
189	(i)  Maintain the existing density of residential
190	properties or recreational vehicle parks if the properties or
191	parks are intended for residential use and are located in the
192	unincorporated areas that have sufficient infrastructure, as
193	determined by a local governing authority, and are not located
194	within a coastal high-hazard area under s. 163.3178.
195	Section 3.  Section 193.018, Florida Statutes, is created
196	to read:
197	193.018  Land owned by a community land trust used to
198	provide affordable housing; assessment; structural improvements,
199	condominium parcels, and cooperative parcels.--
200	(1)  As used in this section, the term "community land
201	trust" means a nonprofit entity that is qualified as charitable
202	under s. 501(c)(3) of the Internal Revenue Code and has as one
203	of its purposes the acquisition of land to be held in perpetuity
204	for the primary purpose of providing affordable homeownership.
205	(2)  A community land trust may convey structural
206	improvements, condominium parcels, or cooperative parcels, that
207	are located on specific parcels of land that are identified by a
208	legal description contained in and subject to a ground lease
209	having a term of at least 99 years, for the purpose of providing
210	affordable housing to natural persons or families who meet the
211	extremely-low-income, very-low-income, low-income, or moderate-
212	income limits specified in s. 420.0004, or the income limits for
213	workforce housing, as defined in s. 420.5095(3). A community
214	land trust shall retain a preemptive option to purchase any
215	structural improvements, condominium parcels, or cooperative
216	parcels on the land at a price determined by a formula specified
217	in the ground lease which is designed to ensure that the
218	structural improvements, condominium parcels, or cooperative
219	parcels remain affordable.
220	(3)  In arriving at just valuation under s. 193.011, a
221	structural improvement, condominium parcel, or cooperative
222	parcel providing affordable housing on land owned by a community
223	land trust, and the land owned by a community land trust that is
224	subject to a 99-year or longer ground lease, shall be assessed
225	using the following criteria:
226	(a)  The amount a willing purchaser would pay a willing
227	seller for the land is limited to an amount commensurate with
228	the terms of the ground lease that restricts the use of the land
229	to the provision of affordable housing in perpetuity.
230	(b)  The amount a willing purchaser would pay a willing
231	seller for resale-restricted structural improvements,
232	condominium parcels, or cooperative parcels is limited to the
233	amount determined by the formula in the ground lease.
234	(c)  If the ground lease and all amendments and supplements
235	thereto, or a memorandum documenting how such lease and
236	amendments or supplements restrict the price at which the
237	structural improvements, condominium parcels, or cooperative
238	parcels may be sold, are recorded in the official public records
239	of the county in which the leased land is located, the recorded
240	lease and any amendments and supplements, or the recorded
241	memorandum, shall be deemed a land use regulation during the
242	term of the lease as amended or supplemented.
243	Section 4.  Subsection (5) is added to section 196.196,
244	Florida Statutes, to read:
245	196.196  Determining whether property is entitled to
246	charitable, religious, scientific, or literary exemption.--
247	(5)(a)  Property owned by an exempt organization qualified
248	as charitable under s. 501(c)(3) of the Internal Revenue Code is
249	used for a charitable purpose if the organization has taken
250	affirmative steps to prepare the property to provide affordable
251	housing to persons or families that meet the extremely-low-
252	income, very-low-income, low-income, or moderate-income limits,
253	as specified in s. 420.0004. The term "affirmative steps" means
254	environmental or land use permitting activities, creation of
255	architectural plans or schematic drawings, land clearing or site
256	preparation, construction or renovation activities, or other
257	similar activities that demonstrate a commitment of the property
258	to providing affordable housing.
259	(b)1.  If property owned by an organization granted an
260	exemption under this subsection is transferred for a purpose
261	other than directly providing affordable homeownership or rental
262	housing to persons or families who meet the extremely-low-
263	income, very-low-income, low-income, or moderate-income limits,
264	as specified in s. 420.0004, or is not in actual use to provide
265	such affordable housing within 5 years after the date the
266	organization is granted the exemption, the property appraiser
267	making such determination shall serve upon the organization that
268	illegally or improperly received the exemption a notice of
269	intent to record in the public records of the county a notice of
270	tax lien against any property owned by that organization in the
271	county, and such property shall be identified in the notice of
272	tax lien. The organization owning such property is subject to
273	the taxes otherwise due and owing as a result of the failure to
274	use the property to provide affordable housing plus 15 percent
275	interest per annum and a penalty of 50 percent of the taxes
276	owed.
277	2.  Such lien, when filed, attaches to any property
278	identified in the notice of tax lien owned by the organization
279	that illegally or improperly received the exemption. If such
280	organization no longer owns property in the county but owns
281	property in any other county in the state, the property
282	appraiser shall record in each such other county a notice of tax
283	lien identifying the property owned by such organization in such
284	county which shall become a lien against the identified
285	property. Before any such lien may be filed, the organization so
286	notified must be given 30 days to pay the taxes, penalties, and
287	interest.
288	3.  If an exemption is improperly granted as a result of a
289	clerical mistake or an omission by the property appraiser, the
290	organization improperly receiving the exemption shall not be
291	assessed a penalty or interest.
292	4.  The 5-year limitation specified in this subsection may
293	be extended if the holder of the exemption continues to take
294	affirmative steps to develop the property for the purposes
295	specified in this subsection.
296	Section 5.  Section 196.1978, Florida Statutes, is amended
297	to read:
298	196.1978  Affordable housing property exemption.--Property
299	used to provide affordable housing serving eligible persons as
300	defined by s. 159.603(7) and natural persons or families meeting
301	the extremely-low-income, very-low-income, low-income, or
302	moderate-income persons meeting income limits specified in s.
303	420.0004 s. 420.0004(8), (10), (11), and (15), which property is
304	owned entirely by a nonprofit entity that is a corporation not
305	for profit, qualified as charitable under s. 501(c)(3) of the
306	Internal Revenue Code and in compliance with Rev. Proc. 96-32,
307	1996-1 C.B. 717, or a Florida-based limited partnership, the
308	sole general partner of which is a corporation not for profit
309	which is qualified as charitable under s. 501(c)(3) of the
310	Internal Revenue Code and which complies with Rev. Proc. 96-32,
311	1996-1 C.B. 717, shall be considered property owned by an exempt
312	entity and used for a charitable purpose, and those portions of
313	the affordable housing property which provide housing to natural
314	persons or families classified as extremely low income, very low
315	income, low income, or moderate income under s. 420.0004
316	individuals with incomes as defined in s. 420.0004(10) and (15)
317	shall be exempt from ad valorem taxation to the extent
318	authorized in s. 196.196. All property identified in this
319	section shall comply with the criteria for determination of
320	exempt status to be applied by property appraisers on an annual
321	basis as defined in s. 196.195. The Legislature intends that any
322	property owned by a limited liability company or limited
323	partnership which is disregarded as an entity for federal income
324	tax purposes pursuant to Treasury Regulation 301.7701-
325	3(b)(1)(ii) shall be treated as owned by its sole member or sole
326	general partner.
327	Section 6.  Paragraph (d) of subsection (2) of section
328	212.055, Florida Statutes, is amended to read:
329	212.055  Discretionary sales surtaxes; legislative intent;
330	authorization and use of proceeds.--It is the legislative intent
331	that any authorization for imposition of a discretionary sales
332	surtax shall be published in the Florida Statutes as a
333	subsection of this section, irrespective of the duration of the
334	levy. Each enactment shall specify the types of counties
335	authorized to levy; the rate or rates which may be imposed; the
336	maximum length of time the surtax may be imposed, if any; the
337	procedure which must be followed to secure voter approval, if
338	required; the purpose for which the proceeds may be expended;
339	and such other requirements as the Legislature may provide.
340	Taxable transactions and administrative procedures shall be as
341	provided in s. 212.054.
342	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
343	(d)1.  The proceeds of the surtax authorized by this
344	subsection and any accrued interest accrued thereto shall be
345	expended by the school district, or within the county and
346	municipalities within the county, or, in the case of a
347	negotiated joint county agreement, within another county, to
348	finance, plan, and construct infrastructure; and to acquire land
349	for public recreation, or conservation, or protection of natural
350	resources; or and to finance the closure of county-owned or
351	municipally owned solid waste landfills that have been are
352	already closed or are required to be closed close by order of
353	the Department of Environmental Protection. Any use of the such
354	proceeds or interest for purposes of landfill closure before
355	prior to July 1, 1993, is ratified. Neither The proceeds and nor
356	any interest may not accrued thereto shall be used for the
357	operational expenses of any infrastructure, except that a any
358	county that has with a population of fewer less than 75,000 and
359	that is required to close a landfill by order of the Department
360	of Environmental Protection may use the proceeds or any interest
361	accrued thereto for long-term maintenance costs associated with
362	landfill closure. Counties, as defined in s. 125.011 s.
363	125.011(1), and charter counties may, in addition, use the
364	proceeds or and any interest accrued thereto to retire or
365	service indebtedness incurred for bonds issued before prior to
366	July 1, 1987, for infrastructure purposes, and for bonds
367	subsequently issued to refund such bonds. Any use of the such
368	proceeds or interest for purposes of retiring or servicing
369	indebtedness incurred for such refunding bonds before prior to
370	July 1, 1999, is ratified.
371	1.2.  For the purposes of this paragraph, the term
372	"infrastructure" means:
373	a.  Any fixed capital expenditure or fixed capital outlay
374	associated with the construction, reconstruction, or improvement
375	of public facilities that have a life expectancy of 5 or more
376	years and any related land acquisition, land improvement,
377	design, and engineering costs related thereto.
378	b.  A fire department vehicle, an emergency medical service
379	vehicle, a sheriff's office vehicle, a police department
380	vehicle, or any other vehicle, and the such equipment necessary
381	to outfit the vehicle for its official use or equipment that has
382	a life expectancy of at least 5 years.
383	c.  Any expenditure for the construction, lease, or
384	maintenance of, or provision of utilities or security for,
385	facilities, as defined in s. 29.008.
386	d.  Any fixed capital expenditure or fixed capital outlay
387	associated with the improvement of private facilities that have
388	a life expectancy of 5 or more years and that the owner agrees
389	to make available for use on a temporary basis as needed by a
390	local government as a public emergency shelter or a staging area
391	for emergency response equipment during an emergency officially
392	declared by the state or by the local government under s.
393	252.38. Such improvements under this sub-subparagraph are
394	limited to those necessary to comply with current standards for
395	public emergency evacuation shelters. The owner must shall enter
396	into a written contract with the local government providing the
397	improvement funding to make the such private facility available
398	to the public for purposes of emergency shelter at no cost to
399	the local government for a minimum period of 10 years after
400	completion of the improvement, with the provision that the such
401	obligation will transfer to any subsequent owner until the end
402	of the minimum period.
403	e.  Any land-acquisition expenditure for a residential
404	housing project in which at least 30 percent of the units are
405	affordable to individuals or families whose total annual
406	household income does not exceed 120 percent of the area median
407	income adjusted for household size, if the land is owned by a
408	local government or by a special district that enters into a
409	written agreement with the local government to provide such
410	housing. The local government or special district may enter into
411	a ground lease with a public or private person or entity for
412	nominal or other consideration for the construction of the
413	residential housing project on land acquired pursuant to this
414	sub-subparagraph.
415	2.3.  Notwithstanding any other provision of this
416	subsection, a local government infrastructure discretionary
417	sales surtax imposed or extended after July 1, 1998, the
418	effective date of this act may allocate up to provide for an
419	amount not to exceed 15 percent of the local option sales surtax
420	proceeds to be allocated for deposit in to a trust fund within
421	the county's accounts created for the purpose of funding
422	economic development projects having of a general public purpose
423	of improving targeted to improve local economies, including the
424	funding of operational costs and incentives related to such
425	economic development. The ballot statement must indicate the
426	intention to make an allocation under the authority of this
427	subparagraph.
428	Section 7.  Present subsections (25) through (41) of
429	section 420.503, Florida Statutes, are redesignated as
430	subsections (26) through (42), respectively, and a new
431	subsection (25) is added to that section to read:
432	420.503  Definitions.--As used in this part, the term:
433	(25)  "Moderate rehabilitation" means repair or restoration
434	of a dwelling unit when the value of such repair or restoration
435	is 40 percent or less of the value of the dwelling but not less
436	than $10,000 per dwelling unit.
437	Section 8.  Subsection (35) of section 420.507, Florida
438	Statutes, is amended, and subsections (47) and (48) are added to
439	that section, to read:
440	420.507  Powers of the corporation.--The corporation shall
441	have all the powers necessary or convenient to carry out and
442	effectuate the purposes and provisions of this part, including
443	the following powers which are in addition to all other powers
444	granted by other provisions of this part:
445	(35)  To preclude from further participation in any of the
446	corporation's programs, for a period of up to 2 years, any
447	applicant or affiliate of an applicant which has made a material
448	misrepresentation or engaged in fraudulent actions in connection
449	with any application for a corporation program, except that the
450	corporation may not limit the number of applications, whether by
451	overall number or by category, from any applicant or affiliate
452	of an applicant that are otherwise eligible for consideration in
453	any of the corporation's programs. The prohibition on limitation
454	of applications shall be applicable to any application cycle
455	commenced after the effective date of this act.
456	(47)  To provide by rule, in connection with any
457	corporation competitive program, criteria establishing a
458	preference for developers and general contractors domiciled in
459	this state and for developers and general contractors,
460	regardless of domicile, who have substantial experience in
461	developing or building affordable housing through the
462	corporation's programs.
463	(a)  In evaluating whether a developer or general
464	contractor is domiciled in this state, the corporation shall
465	consider whether the developer's or general contractor's
466	principal office is located in this state and whether a majority
467	of the developer's or general contractor's principals and
468	financial beneficiaries reside in Florida.
469	(b)  In evaluating whether a developer or general
470	contractor has substantial experience, the corporation shall
471	consider whether the developer or general contractor has
472	completed at least five developments using funds either provided
473	by or administered by the corporation.
474	(48)  To develop and administer the Florida Public Housing
475	Authority Preservation Grant Program. In developing and
476	administering the program, the corporation may:
477	(a)  Develop criteria for determining the priority for
478	expending grants to preserve and rehabilitate 30-year-old and
479	older buildings and units under public housing authority control
480	as defined in chapter 421.
481	(b)  Adopt rules for the grant program and exercise the
482	powers authorized in this section.
483	Section 9.  Paragraphs (c) and (l) of subsection (6) of
484	section 420.5087, Florida Statutes, are amended to read:
485	420.5087  State Apartment Incentive Loan Program.--There is
486	hereby created the State Apartment Incentive Loan Program for
487	the purpose of providing first, second, or other subordinated
488	mortgage loans or loan guarantees to sponsors, including for-
489	profit, nonprofit, and public entities, to provide housing
490	affordable to very-low-income persons.
491	(6)  On all state apartment incentive loans, except loans
492	made to housing communities for the elderly to provide for
493	lifesafety, building preservation, health, sanitation, or
494	security-related repairs or improvements, the following
495	provisions shall apply:
496	(c)  The corporation shall provide by rule for the
497	establishment of a review committee composed of the department
498	and corporation staff and shall establish by rule a scoring
499	system for evaluation and competitive ranking of applications
500	submitted in this program, including, but not limited to, the
501	following criteria:
502	1.  Tenant income and demographic targeting objectives of
503	the corporation.
504	2.  Targeting objectives of the corporation which will
505	ensure an equitable distribution of loans between rural and
506	urban areas.
507	3.  Sponsor's agreement to reserve the units for persons or
508	families who have incomes below 50 percent of the state or local
509	median income, whichever is higher, for a time period to exceed
510	the minimum required by federal law or the provisions of this
511	part.
512	4.  Sponsor's agreement to reserve more than:
513	a.  Twenty percent of the units in the project for persons
514	or families who have incomes that do not exceed 50 percent of
515	the state or local median income, whichever is higher; or
516	b.  Forty percent of the units in the project for persons
517	or families who have incomes that do not exceed 60 percent of
518	the state or local median income, whichever is higher, without
519	requiring a greater amount of the loans as provided in this
520	section.
521	5.  Provision for tenant counseling.
522	6.  Sponsor's agreement to accept rental assistance
523	certificates or vouchers as payment for rent.
524	7.  Projects requiring the least amount of a state
525	apartment incentive loan compared to overall project cost except
526	that the share of the loan attributable to units serving
527	extremely-low-income persons shall be excluded from this
528	requirement.
529	8.  Local government contributions and local government
530	comprehensive planning and activities that promote affordable
531	housing.
532	9.  Project feasibility.
533	10.  Economic viability of the project.
534	11.  Commitment of first mortgage financing.
535	12.  Sponsor's prior experience, including whether the
536	developer and general contractor have substantial experience, as
537	provided in s. 420.507(47).
538	13.  Sponsor's ability to proceed with construction.
539	14.  Projects that directly implement or assist welfare-to-
540	work transitioning.
541	15.  Projects that reserve units for extremely-low-income
542	persons.
543	16.  Projects that include green building principles,
544	storm-resistant construction, or other elements that reduce
545	long-term costs relating to maintenance, utilities, or
546	insurance.
547	17.  Domicile of the developer and general contractor, as
548	provided in s. 420.507(47).
549	(l)  The proceeds of all loans shall be used for new
550	construction, moderate rehabilitation, or substantial
551	rehabilitation which creates or preserves affordable, safe, and
552	sanitary housing units.
553	Section 10.  Subsection (5) of section 420.615, Florida
554	Statutes, is amended to read:
555	420.615  Affordable housing land donation density bonus
556	incentives.--
557	(5)  The local government, as part of the approval process,
558	shall adopt a comprehensive plan amendment, pursuant to part II
559	of chapter 163, for the receiving land that incorporates the
560	density bonus. Such amendment shall be deemed by operation of
561	law a small scale amendment, shall be subject only to the
562	requirements of adopted in the manner as required for small-
563	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
564	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
565	is exempt from s. 163.3187(1)(c)1. and the limitation on the
566	frequency of plan amendments as provided in s. 163.3187. An
567	affected person, as defined in s. 163.3184(1), may file a
568	petition for administrative review pursuant to the requirements
569	of s. 163.3187(3) to challenge the compliance of an adopted plan
570	amendment.
571	Section 11.  Subsection (5) of section 420.622, Florida
572	Statutes, is amended to read:
573	420.622  State Office on Homelessness; Council on
574	Homelessness.--
575	(5)  The State Office on Homelessness, with the concurrence
576	of the Council on Homelessness, may administer moneys
577	appropriated to it to provide homeless housing assistance grants
578	annually to lead agencies for local homeless assistance
579	continuum of care, as recognized by the State Office on
580	Homelessness, to acquire, construct, or rehabilitate
581	transitional or permanent housing units for homeless persons.
582	These moneys shall consist of any sums that the state may
583	appropriate, as well as money received from donations, gifts,
584	bequests, or otherwise from any public or private source, which
585	are money is intended to acquire, construct, or rehabilitate
586	transitional or permanent housing units for homeless persons.
587	(a)  Grant applicants shall be ranked competitively.
588	Preference must be given to applicants who leverage additional
589	private funds and public funds, particularly federal funds
590	designated for the acquisition, construction, or and
591	rehabilitation of transitional or permanent housing for homeless
592	persons;, who acquire, build, or rehabilitate the greatest
593	number of units;, and who acquire, build, or rehabilitate in
594	catchment areas having the greatest need for housing for the
595	homeless relative to the population of the catchment area.
596	(b)  Funding for any particular project may not exceed
597	$750,000.
598	(c)  Projects must reserve, for a minimum of 10 years, the
599	number of units acquired, constructed, or rehabilitated through
600	homeless housing assistance grant funding to serve persons who
601	are homeless at the time they assume tenancy.
602	(d)  No more than two grants may be awarded annually in any
603	given local homeless assistance continuum of care catchment
604	area.
605	(e)  A project may not be funded which is not included in
606	the local homeless assistance continuum of care plan, as
607	recognized by the State Office on Homelessness, for the
608	catchment area in which the project is located.
609	(f)  The maximum percentage of funds that the State Office
610	on Homelessness and each applicant may spend on administrative
611	costs is 5 percent.
612	Section 12.  Section 420.628, Florida Statutes, is created
613	to read:
614	420.628  Affordable housing for children and young adults
615	leaving foster care.--
616	(1)(a)  The Legislature finds that many young people who
617	live in foster families, group homes, and institutions face
618	numerous barriers to a successful transition to adulthood,
619	through no fault of their own and that youth in, or
620	transitioning out of, foster care may enter adulthood lacking
621	the knowledge, skills, attitudes, habits, and relationships that
622	will enable them to become productive members of society.
623	(b)  The Legislature further finds that the main barriers
624	to safe and affordable housing for youth aging out of the foster
625	care system are cost, lack of availability, the unwillingness of
626	many landlords to rent to them due to perceived regulatory
627	barriers, and their own lack of knowledge about how to be good
628	tenants.
629	(c)  The Legislature also finds that young adults who
630	emancipate from the child welfare system are at risk of becoming
631	homeless and those who were formerly in foster care are
632	disproportionately represented in the homeless population. The
633	Legislature further finds that making available affordable
634	housing for young people who transition from foster care
635	decreases their chance of homelessness and may increase their
636	ability to live independently. Without the stability of safe
637	housing, all other services, training, and opportunities may not
638	be effective.
639	(d)  It is therefore the intent of the Legislature that the
640	Florida Housing Finance Corporation, State Housing Initiative
641	Partnership Program agencies, local housing finance agencies,
642	public housing authorities, and other providers of affordable
643	housing coordinate with the Department of Children and Family
644	Services, their agents, and community-based care providers to
645	develop and implement strategies and procedures designed to make
646	affordable housing available to youth transitioning out of
647	foster care whenever and wherever possible.
648	(2)(a)  Young adults formerly in foster care who are
649	eligible for services under s. 409.1451(5) are eligible persons,
650	as defined by ss. 420.503(17) and 420.9071(10), for affordable
651	housing and shall be encouraged to participate in state,
652	federal, and local affordable housing programs.
653	(b)  Students deemed eligible occupants under 26 CFR s.
654	42(i)(3)(D) shall be considered eligible persons for purposes of
655	all projects funded under this chapter.
656	Section 13.  Subsections (4), (8), (16), and (25) of
657	section 420.9071, Florida Statutes, are amended, and subsections
658	(29) and (30) are added to that section, to read:
659	420.9071  Definitions.--As used in ss. 420.907-420.9079,
660	the term:
661	(4)  "Annual gross income" means annual income as defined
662	under the Section 8 housing assistance payments programs in 24
663	C.F.R. part 5; annual income as reported under the census long
664	form for the recent available decennial census; or adjusted
665	gross income as defined for purposes of reporting under Internal
666	Revenue Service Form 1040 for individual federal annual income
667	tax purposes or as defined by standard practices used in the
668	lending industry as detailed in the local housing assistance
669	plan and approved by the corporation. Counties and eligible
670	municipalities shall calculate income by annualizing verified
671	sources of income for the household as the amount of income to
672	be received in a household during the 12 months following the
673	effective date of the determination.
674	(8)  "Eligible housing" means any real and personal
675	property located within the county or the eligible municipality
676	which is designed and intended for the primary purpose of
677	providing decent, safe, and sanitary residential units that are
678	designed to meet the standards of the Florida Building Code or a
679	predecessor building code adopted under chapter 553, or
680	manufactured housing constructed after June 1994 and installed
681	in accordance with mobile home installation standards of the
682	Department of Highway Safety and Motor Vehicles, for home
683	ownership or rental for eligible persons as designated by each
684	county or eligible municipality participating in the State
685	Housing Initiatives Partnership Program.
686	(16)  "Local housing incentive strategies" means local
687	regulatory reform or incentive programs to encourage or
688	facilitate affordable housing production, which include at a
689	minimum, assurance that permits as defined in s. 163.3164(7) and
690	(8) for affordable housing projects are expedited to a greater
691	degree than other projects; an ongoing process for review of
692	local policies, ordinances, regulations, and plan provisions
693	that increase the cost of housing prior to their adoption; and a
694	schedule for implementing the incentive strategies. Local
695	housing incentive strategies may also include other regulatory
696	reforms, such as those enumerated in s. 420.9076 or those
697	recommended by the affordable housing advisory committee in its
698	triennial evaluation and adopted by the local governing body.
699	(25)  "Recaptured funds" means funds that are recouped by a
700	county or eligible municipality in accordance with the recapture
701	provisions of its local housing assistance plan pursuant to s.
702	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
703	which funds were not used for assistance to an eligible
704	household for an eligible activity, when there is a who default
705	on the terms of a grant award or loan award.
706	(29)  "Assisted housing" or "assisted housing development"
707	means a rental housing development, including rental housing in
708	a mixed-use development, that received or currently receives
709	funding from any federal or state housing program.
710	(30)  "Preservation" means actions taken to keep rents in
711	existing assisted housing affordable for extremely-low-income,
712	very-low-income, low-income, and moderate-income households
713	while ensuring that the property stays in good physical and
714	financial condition for an extended period.
715	Section 14.  Subsections (6) and (7) of section 420.9072,
716	Florida Statutes, are amended to read:
717	420.9072  State Housing Initiatives Partnership
718	Program.--The State Housing Initiatives Partnership Program is
719	created for the purpose of providing funds to counties and
720	eligible municipalities as an incentive for the creation of
721	local housing partnerships, to expand production of and preserve
722	affordable housing, to further the housing element of the local
723	government comprehensive plan specific to affordable housing,
724	and to increase housing-related employment.
725	(6)  The moneys that otherwise would be distributed
726	pursuant to s. 420.9073 to a local government that does not meet
727	the program's requirements for receipts of such distributions
728	shall remain in the Local Government Housing Trust Fund to be
729	administered by the corporation pursuant to s. 420.9078.
730	(7)  A county or an eligible municipality must expend its
731	portion of the local housing distribution only to implement a
732	local housing assistance plan or as provided in this subsection.
733	(a)  A county or an eligible municipality may not expend
734	its portion of the local housing distribution to provide rent
735	subsidies; however, this does not prohibit the use of funds for
736	security and utility deposit assistance.
737	(b)  A county or an eligible municipality may expend a
738	portion of the local housing distribution to provide a one-time
739	relocation grant to persons who meet the income requirements of
740	the State Housing Initiatives Partnership Program and who are
741	subject to eviction from rental property located in the county
742	or eligible municipality due to the foreclosure of the rental
743	property. In order to receive a grant under this paragraph, a
744	person must provide the county or eligible municipality with
745	proof of meeting the income requirements of a very-low-income
746	household, a low-income household, or a moderate-income
747	household; a notice of eviction; and proof that the rent has
748	been paid for at least 3 months before the date of eviction,
749	including the month that the notice of eviction was served.
750	Relocation assistance under this paragraph is limited to a one-
751	time grant of not more than $5,000 and is not limited to persons
752	who are subject to eviction from projects funded under the State
753	Housing Initiatives Partnership Program. This paragraph expires
754	July 1, 2010.
755	Section 15.  Subsections (1) and (2) of section 420.9073,
756	Florida Statutes, are amended, and subsections (5), (6), and (7)
757	are added to that section, to read:
758	420.9073  Local housing distributions.--
759	(1)  Distributions calculated in this section shall be
760	disbursed on a quarterly or more frequent monthly basis by the
761	corporation beginning the first day of the month after program
762	approval pursuant to s. 420.9072, subject to availability of
763	funds. Each county's share of the funds to be distributed from
764	the portion of the funds in the Local Government Housing Trust
765	Fund received pursuant to s. 201.15(9) shall be calculated by
766	the corporation for each fiscal year as follows:
767	(a)  Each county other than a county that has implemented
768	the provisions of chapter 83-220, Laws of Florida, as amended by
769	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
770	receive the guaranteed amount for each fiscal year.
771	(b)  Each county other than a county that has implemented
772	the provisions of chapter 83-220, Laws of Florida, as amended by
773	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
774	receive an additional share calculated as follows:
775	1.  Multiply each county's percentage of the total state
776	population excluding the population of any county that has
777	implemented the provisions of chapter 83-220, Laws of Florida,
778	as amended by chapters 84-270, 86-152, and 89-252, Laws of
779	Florida, by the total funds to be distributed.
780	2.  If the result in subparagraph 1. is less than the
781	guaranteed amount as determined in subsection (3), that county's
782	additional share shall be zero.
783	3.  For each county in which the result in subparagraph 1.
784	is greater than the guaranteed amount as determined in
785	subsection (3), the amount calculated in subparagraph 1. shall
786	be reduced by the guaranteed amount. The result for each such
787	county shall be expressed as a percentage of the amounts so
788	determined for all counties. Each such county shall receive an
789	additional share equal to such percentage multiplied by the
790	total funds received by the Local Government Housing Trust Fund
791	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
792	to all counties.
793	(2)  Effective July 1, 1995, Distributions calculated in
794	this section shall be disbursed on a quarterly or more frequent
795	monthly basis by the corporation beginning the first day of the
796	month after program approval pursuant to s. 420.9072, subject to
797	availability of funds. Each county's share of the funds to be
798	distributed from the portion of the funds in the Local
799	Government Housing Trust Fund received pursuant to s. 201.15(10)
800	shall be calculated by the corporation for each fiscal year as
801	follows:
802	(a)  Each county shall receive the guaranteed amount for
803	each fiscal year.
804	(b)  Each county may receive an additional share calculated
805	as follows:
806	1.  Multiply each county's percentage of the total state
807	population, by the total funds to be distributed.
808	2.  If the result in subparagraph 1. is less than the
809	guaranteed amount as determined in subsection (3), that county's
810	additional share shall be zero.
811	3.  For each county in which the result in subparagraph 1.
812	is greater than the guaranteed amount, the amount calculated in
813	subparagraph 1. shall be reduced by the guaranteed amount. The
814	result for each such county shall be expressed as a percentage
815	of the amounts so determined for all counties. Each such county
816	shall receive an additional share equal to this percentage
817	multiplied by the total funds received by the Local Government
818	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
819	guaranteed amount paid to all counties.
820	(5)  Notwithstanding subsections (1)-(4), the corporation
821	is authorized to withhold up to $5 million from the total
822	distribution each fiscal year to provide additional funding to
823	counties and eligible municipalities in which a state of
824	emergency has been declared by the Governor pursuant to chapter
825	252. Any portion of such funds not distributed under this
826	subsection by the end of the fiscal year shall be distributed as
827	provided in this section.
828	(6)  Notwithstanding subsections (1)-(4), the corporation
829	is authorized to withhold up to $5 million from the total
830	distribution each fiscal year to provide funding to counties and
831	eligible municipalities to purchase properties subject to a
832	State Housing Initiative Partnership Program lien and on which
833	foreclosure proceedings have been initiated by any mortgagee.
834	Each county and eligible municipality that receives funds under
835	this subsection shall repay such funds to the corporation not
836	later than the expenditure deadline for the fiscal year in which
837	the funds were awarded. Amounts not repaid shall be withheld
838	from the subsequent year's distribution. Any portion of such
839	funds not distributed under this subsection by the end of the
840	fiscal year shall be distributed as provided in this section.
841	(7)  A county or eligible municipality that receives local
842	housing distributions pursuant to this section shall expend
843	those funds in accordance with the provisions of ss. 420.907-
844	420.9079, corporation rule, and its local housing assistance
845	plan.
846	Section 16.  Effective upon this act becoming a law and
847	operating retroactively to July 1, 2008, paragraph (d) of
848	subsection (5) of section 420.9075, Florida Statutes, is
849	reenacted and amended to read:
850	420.9075  Local housing assistance plans; partnerships.--
851	(5)  The following criteria apply to awards made to
852	eligible sponsors or eligible persons for the purpose of
853	providing eligible housing:
854	(d)1.  All units constructed, rehabilitated, or otherwise
855	assisted with the funds provided from the local housing
856	assistance trust fund must be occupied by very-low-income
857	persons, low-income persons, and moderate-income persons.
858	2.  At least 30 percent of the funds deposited into the
859	local housing assistance trust fund must be reserved for awards
860	to very-low-income persons or eligible sponsors who will serve
861	very-low-income persons and at least an additional 30 percent of
862	the funds deposited into the local housing assistance trust fund
863	must be reserved for awards to low-income persons or eligible
864	sponsors who will serve low-income persons. This subparagraph
865	does not apply to a county or an eligible municipality that
866	includes, or has included within the previous 5 years, an area
867	of critical state concern designated or ratified by the
868	Legislature for which the Legislature has declared its intent to
869	provide affordable housing. The exemption created by this act
870	expires on July 1, 2013 2008.
871
872	If both an award under the local housing assistance plan and
873	federal low-income housing tax credits are used to assist a
874	project and there is a conflict between the criteria prescribed
875	in this subsection and the requirements of s. 42 of the Internal
876	Revenue Code of 1986, as amended, the county or eligible
877	municipality may resolve the conflict by giving precedence to
878	the requirements of s. 42 of the Internal Revenue Code of 1986,
879	as amended, in lieu of following the criteria prescribed in this
880	subsection with the exception of paragraphs (a) and (d) of this
881	subsection.
882	Section 17.  Subsections (1), (3), (5), and (8), paragraphs
883	(a) and (h) of subsection (10), and paragraph (b) of subsection
884	(13) of section 420.9075, Florida Statutes, as amended by this
885	act, are amended, and subsection (14) is added to that section,
886	to read:
887	420.9075  Local housing assistance plans; partnerships.--
888	(1)(a)  Each county or eligible municipality participating
889	in the State Housing Initiatives Partnership Program shall
890	develop and implement a local housing assistance plan created to
891	make affordable residential units available to persons of very
892	low income, low income, or moderate income and to persons who
893	have special housing needs, including, but not limited to,
894	homeless people, the elderly, and migrant farmworkers, and
895	persons with disabilities. High-cost counties or eligible
896	municipalities as defined by rule of the corporation may include
897	strategies to assist persons and households having annual
898	incomes of not more than 140 percent of area median income. The
899	plans are intended to increase the availability of affordable
900	residential units by combining local resources and cost-saving
901	measures into a local housing partnership and using private and
902	public funds to reduce the cost of housing.
903	(b)  Local housing assistance plans may allocate funds to:
904	1.  Implement local housing assistance strategies for the
905	provision of affordable housing.
906	2.  Supplement funds available to the corporation to
907	provide enhanced funding of state housing programs within the
908	county or the eligible municipality.
909	3.  Provide the local matching share of federal affordable
910	housing grants or programs.
911	4.  Fund emergency repairs, including, but not limited to,
912	repairs performed by existing service providers under
913	weatherization assistance programs under ss. 409.509-409.5093.
914	5.  Further the housing element of the local government
915	comprehensive plan adopted pursuant to s. 163.3184, specific to
916	affordable housing.
917	(3)(a)  Each local housing assistance plan shall include a
918	definition of essential service personnel for the county or
919	eligible municipality, including, but not limited to, teachers
920	and educators, other school district, community college, and
921	university employees, police and fire personnel, health care
922	personnel, skilled building trades personnel, and other job
923	categories.
924	(b)  Each county and each eligible municipality is
925	encouraged to develop a strategy within its local housing
926	assistance plan that emphasizes the recruitment and retention of
927	essential service personnel. The local government is encouraged
928	to involve public and private sector employers. Compliance with
929	the eligibility criteria established under this strategy shall
930	be verified by the county or eligible municipality.
931	(c)  Each county and each eligible municipality is
932	encouraged to develop a strategy within its local housing
933	assistance plan that addresses the needs of persons who are
934	deprived of affordable housing due to the closure of a mobile
935	home park or the conversion of affordable rental units to
936	condominiums.
937	(d)  Each county and each eligible municipality shall
938	describe initiatives in the local housing assistance plan to
939	encourage or require innovative design, green building
940	principles, storm-resistant construction, or other elements that
941	reduce long-term costs relating to maintenance, utilities, or
942	insurance.
943	(e)  Each county and each eligible municipality is
944	encouraged to develop a strategy within its local housing
945	assistance plan that provides program funds for the preservation
946	of assisted housing.
947	(5)  The following criteria apply to awards made to
948	eligible sponsors or eligible persons for the purpose of
949	providing eligible housing:
950	(a)  At least 65 percent of the funds made available in
951	each county and eligible municipality from the local housing
952	distribution must be reserved for home ownership for eligible
953	persons.
954	(b)  At least 75 percent of the funds made available in
955	each county and eligible municipality from the local housing
956	distribution must be reserved for construction, rehabilitation,
957	or emergency repair of affordable, eligible housing.
958	(c)  Not more than 20 percent of the funds made available
959	in each county and eligible municipality from the local housing
960	distribution may be used for manufactured housing.
961	(d)(c)  The sales price or value of new or existing
962	eligible housing may not exceed 90 percent of the average area
963	purchase price in the statistical area in which the eligible
964	housing is located. Such average area purchase price may be that
965	calculated for any 12-month period beginning not earlier than
966	the fourth calendar year prior to the year in which the award
967	occurs or as otherwise established by the United States
968	Department of the Treasury.
969	(e)(d)1.  All units constructed, rehabilitated, or
970	otherwise assisted with the funds provided from the local
971	housing assistance trust fund must be occupied by very-low-
972	income persons, low-income persons, and moderate-income persons
973	except as otherwise provided in this section.
974	2.  At least 30 percent of the funds deposited into the
975	local housing assistance trust fund must be reserved for awards
976	to very-low-income persons or eligible sponsors who will serve
977	very-low-income persons and at least an additional 30 percent of
978	the funds deposited into the local housing assistance trust fund
979	must be reserved for awards to low-income persons or eligible
980	sponsors who will serve low-income persons. This subparagraph
981	does not apply to a county or an eligible municipality that
982	includes, or has included within the previous 5 years, an area
983	of critical state concern designated or ratified by the
984	Legislature for which the Legislature has declared its intent to
985	provide affordable housing. The exemption created by this act
986	expires on July 1, 2013.
987	(f)(e)  Loans shall be provided for periods not exceeding
988	30 years, except for deferred payment loans or loans that extend
989	beyond 30 years which continue to serve eligible persons.
990	(g)(f)  Loans or grants for eligible rental housing
991	constructed, rehabilitated, or otherwise assisted from the local
992	housing assistance trust fund must be subject to recapture
993	requirements as provided by the county or eligible municipality
994	in its local housing assistance plan unless reserved for
995	eligible persons for 15 years or the term of the assistance,
996	whichever period is longer. Eligible sponsors that offer rental
997	housing for sale before 15 years or that have remaining
998	mortgages funded under this program must give a first right of
999	refusal to eligible nonprofit organizations for purchase at the
1000	current market value for continued occupancy by eligible
1001	persons.
1002	(h)(g)  Loans or grants for eligible owner-occupied housing
1003	constructed, rehabilitated, or otherwise assisted from proceeds
1004	provided from the local housing assistance trust fund shall be
1005	subject to recapture requirements as provided by the county or
1006	eligible municipality in its local housing assistance plan.
1007	(i)(h)  The total amount of monthly mortgage payments or
1008	the amount of monthly rent charged by the eligible sponsor or
1009	her or his designee must be made affordable.
1010	(j)(i)  The maximum sales price or value per unit and the
1011	maximum award per unit for eligible housing benefiting from
1012	awards made pursuant to this section must be established in the
1013	local housing assistance plan.
1014	(k)(j)  The benefit of assistance provided through the
1015	State Housing Initiatives Partnership Program must accrue to
1016	eligible persons occupying eligible housing. This provision
1017	shall not be construed to prohibit use of the local housing
1018	distribution funds for a mixed income rental development.
1019	(l)(k)  Funds from the local housing distribution not used
1020	to meet the criteria established in paragraph (a) or paragraph
1021	(b) or not used for the administration of a local housing
1022	assistance plan must be used for housing production and finance
1023	activities, including, but not limited to, financing
1024	preconstruction activities or the purchase of existing units,
1025	providing rental housing, and providing home ownership training
1026	to prospective home buyers and owners of homes assisted through
1027	the local housing assistance plan.
1028	1.  Notwithstanding the provisions of paragraphs (a) and
1029	(b), program income as defined in s. 420.9071(24) may also be
1030	used to fund activities described in this paragraph.
1031	2.  When preconstruction due diligence activities conducted
1032	as part of a preservation strategy show that preservation of the
1033	units is not feasible and will not result in the production of
1034	an eligible unit, such costs shall be deemed a program expense
1035	rather than an administrative expense if such program expenses
1036	do not exceed 3 percent of the annual local housing
1037	distribution.
1038	3.  If both an award under the local housing assistance
1039	plan and federal low-income housing tax credits are used to
1040	assist a project and there is a conflict between the criteria
1041	prescribed in this subsection and the requirements of s. 42 of
1042	the Internal Revenue Code of 1986, as amended, the county or
1043	eligible municipality may resolve the conflict by giving
1044	precedence to the requirements of s. 42 of the Internal Revenue
1045	Code of 1986, as amended, in lieu of following the criteria
1046	prescribed in this subsection with the exception of paragraphs
1047	(a) and (e) (d) of this subsection.
1048	4.  Each county and each eligible municipality may award
1049	funds as a grant for construction, rehabilitation, or repair as
1050	part of disaster recovery or emergency repairs or to remedy
1051	accessibility or health and safety deficiencies. Any other
1052	grants must be approved as part of the local housing assistance
1053	plan.
1054	(8)  Pursuant to s. 420.531, the corporation shall provide
1055	training and technical assistance to local governments regarding
1056	the creation of partnerships, the design of local housing
1057	assistance strategies, the implementation of local housing
1058	incentive strategies, and the provision of support services.
1059	(10)  Each county or eligible municipality shall submit to
1060	the corporation by September 15 of each year a report of its
1061	affordable housing programs and accomplishments through June 30
1062	immediately preceding submittal of the report. The report shall
1063	be certified as accurate and complete by the local government's
1064	chief elected official or his or her designee. Transmittal of
1065	the annual report by a county's or eligible municipality's chief
1066	elected official, or his or her designee, certifies that the
1067	local housing incentive strategies, or, if applicable, the local
1068	housing incentive plan, have been implemented or are in the
1069	process of being implemented pursuant to the adopted schedule
1070	for implementation. The report must include, but is not limited
1071	to:
1072	(a)  The number of households served by income category,
1073	age, family size, and race, and data regarding any special needs
1074	populations such as farmworkers, homeless persons, persons with
1075	disabilities, and the elderly. Counties shall report this
1076	information separately for households served in the
1077	unincorporated area and each municipality within the county.
1078	(h)  Such other data or affordable housing accomplishments
1079	considered significant by the reporting county or eligible
1080	municipality or by the corporation.
1081	(13)
1082	(b)  If, as a result of its review of the annual report,
1083	the corporation determines that a county or eligible
1084	municipality has failed to implement a local housing incentive
1085	strategy, or, if applicable, a local housing incentive plan, it
1086	shall send a notice of termination of the local government's
1087	share of the local housing distribution by certified mail to the
1088	affected county or eligible municipality.
1089	1.  The notice must specify a date of termination of the
1090	funding if the affected county or eligible municipality does not
1091	implement the plan or strategy and provide for a local response.
1092	A county or eligible municipality shall respond to the
1093	corporation within 30 days after receipt of the notice of
1094	termination.
1095	2.  The corporation shall consider the local response that
1096	extenuating circumstances precluded implementation and grant an
1097	extension to the timeframe for implementation. Such an extension
1098	shall be made in the form of an extension agreement that
1099	provides a timeframe for implementation. The chief elected
1100	official of a county or eligible municipality or his or her
1101	designee shall have the authority to enter into the agreement on
1102	behalf of the local government.
1103	3.  If the county or the eligible municipality has not
1104	implemented the incentive strategy or entered into an extension
1105	agreement by the termination date specified in the notice, the
1106	local housing distribution share terminates, and any uncommitted
1107	local housing distribution funds held by the affected county or
1108	eligible municipality in its local housing assistance trust fund
1109	shall be transferred to the Local Government Housing Trust Fund
1110	to the credit of the corporation to administer pursuant to s.
1111	420.9078.
1112	4.a.  If the affected local government fails to meet the
1113	timeframes specified in the agreement, the corporation shall
1114	terminate funds. The corporation shall send a notice of
1115	termination of the local government's share of the local housing
1116	distribution by certified mail to the affected local government.
1117	The notice shall specify the termination date, and any
1118	uncommitted funds held by the affected local government shall be
1119	transferred to the Local Government Housing Trust Fund to the
1120	credit of the corporation to administer pursuant to s. 420.9078.
1121	b.  If the corporation terminates funds to a county, but an
1122	eligible municipality receiving a local housing distribution
1123	pursuant to an interlocal agreement maintains compliance with
1124	program requirements, the corporation shall thereafter
1125	distribute directly to the participating eligible municipality
1126	its share calculated in the manner provided in s. 420.9072.
1127	c.  Any county or eligible municipality whose local
1128	distribution share has been terminated may subsequently elect to
1129	receive directly its local distribution share by adopting the
1130	ordinance, resolution, and local housing assistance plan in the
1131	manner and according to the procedures provided in ss. 420.907-
1132	420.9079.
1133	(14)  If the corporation determines that a county or
1134	eligible municipality has expended program funds for an
1135	ineligible activity, the corporation shall require such funds to
1136	be repaid to the local housing assistance trust fund. Such
1137	repayment may not be made with funds from the State Housing
1138	Initiatives Partnership Program.
1139	Section 18.  Paragraph (h) of subsection (2), subsections
1140	(5) and (6), and paragraph (a) of subsection (7) of section
1141	420.9076, Florida Statutes, are amended to read:
1142	420.9076  Adoption of affordable housing incentive
1143	strategies; committees.--
1144	(2)  The governing board of a county or municipality shall
1145	appoint the members of the affordable housing advisory committee
1146	by resolution. Pursuant to the terms of any interlocal
1147	agreement, a county and municipality may create and jointly
1148	appoint an advisory committee to prepare a joint plan. The
1149	ordinance adopted pursuant to s. 420.9072 which creates the
1150	advisory committee or the resolution appointing the advisory
1151	committee members must provide for 11 committee members and
1152	their terms. The committee must include:
1153	(h)  One citizen who actively serves on the local planning
1154	agency pursuant to s. 163.3174. If the local planning agency is
1155	comprised of the governing board of the county or municipality,
1156	the governing board may appoint a designee who is knowledgeable
1157	in the local planning process.
1158
1159	If a county or eligible municipality whether due to its small
1160	size, the presence of a conflict of interest by prospective
1161	appointees, or other reasonable factor, is unable to appoint a
1162	citizen actively engaged in these activities in connection with
1163	affordable housing, a citizen engaged in the activity without
1164	regard to affordable housing may be appointed. Local governments
1165	that receive the minimum allocation under the State Housing
1166	Initiatives Partnership Program may elect to appoint an
1167	affordable housing advisory committee with fewer than 11
1168	representatives if they are unable to find representatives who
1169	meet the criteria of paragraphs (a)-(k).
1170	(5)  The approval by the advisory committee of its local
1171	housing incentive strategies recommendations and its review of
1172	local government implementation of previously recommended
1173	strategies must be made by affirmative vote of a majority of the
1174	membership of the advisory committee taken at a public hearing.
1175	Notice of the time, date, and place of the public hearing of the
1176	advisory committee to adopt its evaluation and final local
1177	housing incentive strategies recommendations must be published
1178	in a newspaper of general paid circulation in the county. The
1179	notice must contain a short and concise summary of the
1180	evaluation and local housing incentives strategies
1181	recommendations to be considered by the advisory committee. The
1182	notice must state the public place where a copy of the
1183	evaluation and tentative advisory committee recommendations can
1184	be obtained by interested persons. The final report, evaluation,
1185	and recommendations shall be submitted to the corporation.
1186	(6)  Within 90 days after the date of receipt of the
1187	evaluation and local housing incentive strategies
1188	recommendations from the advisory committee, the governing body
1189	of the appointing local government shall adopt an amendment to
1190	its local housing assistance plan to incorporate the local
1191	housing incentive strategies it will implement within its
1192	jurisdiction. The amendment must include, at a minimum, the
1193	local housing incentive strategies required under s.
1194	420.9071(16). The local government must consider the strategies
1195	specified in paragraphs (4)(a)-(k) as recommended by the
1196	advisory committee.
1197	(7)  The governing board of the county or the eligible
1198	municipality shall notify the corporation by certified mail of
1199	its adoption of an amendment of its local housing assistance
1200	plan to incorporate local housing incentive strategies. The
1201	notice must include a copy of the approved amended plan.
1202	(a)  If the corporation fails to receive timely the
1203	approved amended local housing assistance plan to incorporate
1204	local housing incentive strategies, a notice of termination of
1205	its share of the local housing distribution shall be sent by
1206	certified mail by the corporation to the affected county or
1207	eligible municipality. The notice of termination must specify a
1208	date of termination of the funding if the affected county or
1209	eligible municipality has not adopted an amended local housing
1210	assistance plan to incorporate local housing incentive
1211	strategies. If the county or the eligible municipality has not
1212	adopted an amended local housing assistance plan to incorporate
1213	local housing incentive strategies by the termination date
1214	specified in the notice of termination, the local distribution
1215	share terminates; and any uncommitted local distribution funds
1216	held by the affected county or eligible municipality in its
1217	local housing assistance trust fund shall be transferred to the
1218	Local Government Housing Trust Fund to the credit of the
1219	corporation to administer the local government housing program
1220	pursuant to s. 420.9078.
1221	Section 19.  Section 420.9078, Florida Statutes, is
1222	repealed.
1223	Section 20.  Section 420.9079, Florida Statutes, as amended
1224	by chapter 2009-2, Laws of Florida, is amended to read:
1225	420.9079  Local Government Housing Trust Fund.--
1226	(1)  There is created in the State Treasury the Local
1227	Government Housing Trust Fund, which shall be administered by
1228	the corporation on behalf of the department according to the
1229	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1230	section. There shall be deposited into the fund a portion of the
1231	documentary stamp tax revenues as provided in s. 201.15, moneys
1232	received from any other source for the purposes of ss. 420.907-
1233	420.9076 420.907-420.9078 and this section, and all proceeds
1234	derived from the investment of such moneys. Moneys in the fund
1235	that are not currently needed for the purposes of the programs
1236	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1237	and this section shall be deposited to the credit of the fund
1238	and may be invested as provided by law. The interest received on
1239	any such investment shall be credited to the fund.
1240	(2)  The corporation shall administer the fund exclusively
1241	for the purpose of implementing the programs described in ss.
1242	420.907-420.9076 420.907-420.9078 and this section. With the
1243	exception of monitoring the activities of counties and eligible
1244	municipalities to determine local compliance with program
1245	requirements, the corporation shall not receive appropriations
1246	from the fund for administrative or personnel costs. For the
1247	purpose of implementing the compliance monitoring provisions of
1248	s. 420.9075(9), the corporation may request a maximum of one-
1249	quarter of 1 percent of the annual appropriation per state
1250	fiscal year. When such funding is appropriated, the corporation
1251	shall deduct the amount appropriated prior to calculating the
1252	local housing distribution pursuant to ss. 420.9072 and
1253	420.9073.
1254	(3)  Notwithstanding any provision of this section to the
1255	contrary and for the 2008-2009 fiscal year only, the corporation
1256	shall return unexpended funds held by the corporation pursuant
1257	to this section and part V of this chapter to the State Treasury
1258	as directed by law. This subsection expires June 30, 2009.
1259	Section 21.  Subsection (12) of section 1001.43, Florida
1260	Statutes, is amended to read:
1261	1001.43  Supplemental powers and duties of district school
1262	board.--The district school board may exercise the following
1263	supplemental powers and duties as authorized by this code or
1264	State Board of Education rule.
1265	(12)  AFFORDABLE HOUSING.--A district school board may use
1266	portions of school sites purchased within the guidelines of the
1267	State Requirements for Educational Facilities, land deemed not
1268	usable for educational purposes because of location or other
1269	factors, or land declared as surplus by the board to provide
1270	sites for affordable housing for teachers and other district
1271	personnel and, in areas of critical state concern, for other
1272	essential services personnel as defined by local affordable
1273	housing eligibility requirements, independently or in
1274	conjunction with other agencies as described in subsection (5).
1275	Section 22.  Except as otherwise expressly provided in this
1276	act, this act shall take effect July 1, 2009.

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