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. 201.15, F.S.; removing a limitation on the amount of
37	proceeds from excise taxes on documents which may be
38	deposited into the State Housing Trust Fund on or after a
39	specified date; amending s. 212.055, F.S.; redefining the
40	term "infrastructure" to allow the proceeds of a local
41	government infrastructure surtax to be used to purchase
42	land for certain purposes relating to construction of
43	affordable housing; amending s. 420.503, F.S.; defining
44	the term "moderate rehabilitation" for purposes of the
45	Florida Housing Finance Corporation Act; amending s.
46	420.507, F.S.; prohibiting the corporation from limiting
47	the number of certain applications eligible for
48	consideration; providing applicability; providing the
49	corporation with certain powers relating to competitive
50	programs; providing criteria for the evaluation of
51	domicile and experience of developers and general
52	contractors; providing the corporation with certain powers
53	relating to developing and administering a grant program;
54	requiring the corporation to adopt rules; amending s.
55	420.5087, F.S.; revising purposes for which state
56	apartment incentive loans may be used; amending s.
57	420.615, F.S.; revising provisions relating to
58	comprehensive plan amendments; authorizing certain persons
59	to challenge the compliance of an amendment; amending s.
60	420.622, F.S.; authorizing the agencies that provide a
61	local homeless assistance continuum of care to use
62	homeless housing assistance grants, provided by the State
63	Office on Homelessness within the Department of Children
64	and Family Services, to acquire transitional or permanent
65	housing units for homeless persons; creating s. 420.628,
66	F.S.; providing legislative findings and intent; requiring
67	certain governmental entities to develop and implement
68	strategies and procedures designed to increase affordable
69	housing opportunities for young adults who are leaving the
70	child welfare system; amending s. 420.9071, F.S.; revising
71	and providing definitions; amending s. 420.9072, F.S.;
72	conforming a cross-reference; authorizing counties and
73	eligible municipalities to use funds from the State
74	Housing Initiatives Partnership Program to provide
75	relocation grants for persons who are evicted from rental
76	properties that are in foreclosure; providing eligibility
77	requirements for receiving a grant; providing that
78	authorization for the relocation grants expires July 1,
79	2010; amending s. 420.9073, F.S.; revising the frequency
80	with which local housing distributions are to be made by
81	the corporation; authorizing the corporation to withhold
82	funds from the total distribution annually for specified
83	purposes; requiring counties and eligible municipalities
84	that receive local housing distributions to expend those
85	funds in a specified manner; reenacting and amending s.
86	420.9075(5)(d), F.S., to extend the expiration date of an
87	exemption from certain income requirements in specified
88	areas to qualify for awards from local housing assistance
89	trust funds; providing for retroactive operation; amending
90	s. 420.9075, F.S.; requiring that local housing assistance
91	plans address the special housing needs of persons with
92	disabilities; authorizing the corporation to define high-
93	cost counties and eligible municipalities by rule;
94	authorizing high-cost counties and certain municipalities
95	to assist persons and households meeting specific income
96	requirements; revising requirements to be included in the
97	local housing assistance plan; requiring counties and
98	certain municipalities to include certain initiatives and
99	strategies in the local housing assistance plan; revising
100	criteria that apply to awards made for the purpose of
101	providing eligible housing; authorizing and limiting the
102	percentage of funds from the local housing distribution
103	that may be used for manufactured housing; authorizing the
104	use of certain funds for preconstruction activities;
105	providing that certain costs are a program expense;
106	authorizing counties and certain municipalities to award
107	grant funds under certain conditions; providing for the
108	repayment of funds by the local housing assistance trust
109	fund; deleting cross-references to conform to changes made
110	by the act; amending s. 420.9076, F.S.; revising
111	appointments to a local affordable housing advisory
112	committee; revising notice requirements for public
113	hearings of the advisory committee; requiring the
114	committee's final report, evaluation, and recommendations
115	to be submitted to the corporation; deleting a cross-
116	reference to conform to changes made by the act; repealing
117	s. 420.9078, F.S., relating to state administration of
118	funds remaining in the Local Government Housing Trust
119	Fund; amending s. 420.9079, F.S.; conforming cross-
120	references; amending s. 1001.43, F.S.; revising district
121	school board powers and duties in relation to use of land
122	for affordable housing in certain areas for certain
123	personnel; providing effective dates.
124
125	Be It Enacted by the Legislature of the State of Florida:
126
127	Section 1.  Subsection (4) of section 159.807, Florida
128	Statutes, is amended to read:
129	159.807  State allocation pool.--
130	(4)(a)  The state allocation pool shall also be used to
131	provide written confirmations for private activity bonds that
132	are to be issued by state agencies, which bonds, notwithstanding
133	any other provisions of this part, shall receive priority in the
134	use of the pool available at the time the notice of intent to
135	issue such bonds is filed with the division.
136	(b)  Notwithstanding the provisions of paragraph (a), on or
137	before November 15 of each year, the Florida Housing Finance
138	Corporation's access to the state allocation pool is limited to
139	the amount of the corporation's initial allocation under s.
140	159.804. Thereafter, the corporation may not receive more than
141	80 percent of the amount in the state allocation pool on
142	November 16 of each year, and may not receive more than 80
143	percent of any additional amounts that become available during
144	the remainder of the calendar year, provided the limitations set
145	forth in this paragraph shall not apply to the allocation of
146	state volume limitation to the Florida Housing Finance
147	Corporation pursuant to s. 159.81(2)(b), (c), or (d). This
148	subsection does not apply to the Florida Housing Finance
149	Corporation:
150	1.  Until its allocation pursuant to s. 159.804(3) has been
151	exhausted, is unavailable, or is inadequate to provide an
152	allocation pursuant to s. 159.804(3) and any carryforwards of
153	volume limitation from prior years for the same carryforward
154	purpose, as that term is defined in s. 146 of the Code, as the
155	bonds it intends to issue have been completely utilized or have
156	expired.
157	2.  Prior to July 1 of any year, when housing bonds for
158	which the Florida Housing Finance Corporation has made an
159	assignment of its allocation permitted by s. 159.804(3)(c) have
160	not been issued.
161	Section 2.  Subsection (2) of section 163.3202, Florida
162	Statutes, is amended to read:
163	163.3202  Land development regulations.--
164	(2)  Local land development regulations shall contain
165	specific and detailed provisions necessary or desirable to
166	implement the adopted comprehensive plan and shall as a minimum:
167	(a)  Regulate the subdivision of land.;
168	(b)  Regulate the use of land and water for those land use
169	categories included in the land use element and ensure the
170	compatibility of adjacent uses and provide for open space.;
171	(c)  Provide for protection of potable water wellfields.;
172	(d)  Regulate areas subject to seasonal and periodic
173	flooding and provide for drainage and stormwater management.;
174	(e)  Ensure the protection of environmentally sensitive
175	lands designated in the comprehensive plan.;
176	(f)  Regulate signage.;
177	(g)  Provide that public facilities and services meet or
178	exceed the standards established in the capital improvements
179	element required by s. 163.3177 and are available when needed
180	for the development, or that development orders and permits are
181	conditioned on the availability of these public facilities and
182	services necessary to serve the proposed development. Not later
183	than 1 year after its due date established by the state land
184	planning agency's rule for submission of local comprehensive
185	plans pursuant to s. 163.3167(2), a local government shall not
186	issue a development order or permit which results in a reduction
187	in the level of services for the affected public facilities
188	below the level of services provided in the comprehensive plan
189	of the local government.
190	(h)  Ensure safe and convenient onsite traffic flow,
191	considering needed vehicle parking.
192	(i)  Maintain the existing density of residential
193	properties or recreational vehicle parks if the properties or
194	parks are intended for residential use and are located in the
195	unincorporated areas that have sufficient infrastructure, as
196	determined by a local governing authority, and are not located
197	within a coastal high-hazard area under s. 163.3178.
198	Section 3.  Section 193.018, Florida Statutes, is created
199	to read:
200	193.018  Land owned by a community land trust used to
201	provide affordable housing; assessment; structural improvements,
202	condominium parcels, and cooperative parcels.--
203	(1)  As used in this section, the term "community land
204	trust" means a nonprofit entity that is qualified as charitable
205	under s. 501(c)(3) of the Internal Revenue Code and has as one
206	of its purposes the acquisition of land to be held in perpetuity
207	for the primary purpose of providing affordable homeownership.
208	(2)  A community land trust may convey structural
209	improvements, condominium parcels, or cooperative parcels, that
210	are located on specific parcels of land that are identified by a
211	legal description contained in and subject to a ground lease
212	having a term of at least 99 years, for the purpose of providing
213	affordable housing to natural persons or families who meet the
214	extremely-low-income, very-low-income, low-income, or moderate-
215	income limits specified in s. 420.0004, or the income limits for
216	workforce housing, as defined in s. 420.5095(3). A community
217	land trust shall retain a preemptive option to purchase any
218	structural improvements, condominium parcels, or cooperative
219	parcels on the land at a price determined by a formula specified
220	in the ground lease which is designed to ensure that the
221	structural improvements, condominium parcels, or cooperative
222	parcels remain affordable.
223	(3)  In arriving at just valuation under s. 193.011, a
224	structural improvement, condominium parcel, or cooperative
225	parcel providing affordable housing on land owned by a community
226	land trust, and the land owned by a community land trust that is
227	subject to a 99-year or longer ground lease, shall be assessed
228	using the following criteria:
229	(a)  The amount a willing purchaser would pay a willing
230	seller for the land is limited to an amount commensurate with
231	the terms of the ground lease that restricts the use of the land
232	to the provision of affordable housing in perpetuity.
233	(b)  The amount a willing purchaser would pay a willing
234	seller for resale-restricted structural improvements,
235	condominium parcels, or cooperative parcels is limited to the
236	amount determined by the formula in the ground lease.
237	(c)  If the ground lease and all amendments and supplements
238	thereto, or a memorandum documenting how such lease and
239	amendments or supplements restrict the price at which the
240	structural improvements, condominium parcels, or cooperative
241	parcels may be sold, are recorded in the official public records
242	of the county in which the leased land is located, the recorded
243	lease and any amendments and supplements, or the recorded
244	memorandum, shall be deemed a land use regulation during the
245	term of the lease as amended or supplemented.
246	Section 4.  Subsection (5) is added to section 196.196,
247	Florida Statutes, to read:
248	196.196  Determining whether property is entitled to
249	charitable, religious, scientific, or literary exemption.--
250	(5)(a)  Property owned by an exempt organization qualified
251	as charitable under s. 501(c)(3) of the Internal Revenue Code is
252	used for a charitable purpose if the organization has taken
253	affirmative steps to prepare the property to provide affordable
254	housing to persons or families that meet the extremely-low-
255	income, very-low-income, low-income, or moderate-income limits,
256	as specified in s. 420.0004. The term "affirmative steps" means
257	environmental or land use permitting activities, creation of
258	architectural plans or schematic drawings, land clearing or site
259	preparation, construction or renovation activities, or other
260	similar activities that demonstrate a commitment of the property
261	to providing affordable housing.
262	(b)1.  If property owned by an organization granted an
263	exemption under this subsection is transferred for a purpose
264	other than directly providing affordable homeownership or rental
265	housing to persons or families who meet the extremely-low-
266	income, very-low-income, low-income, or moderate-income limits,
267	as specified in s. 420.0004, or is not in actual use to provide
268	such affordable housing within 5 years after the date the
269	organization is granted the exemption, the property appraiser
270	making such determination shall serve upon the organization that
271	illegally or improperly received the exemption a notice of
272	intent to record in the public records of the county a notice of
273	tax lien against any property owned by that organization in the
274	county, and such property shall be identified in the notice of
275	tax lien. The organization owning such property is subject to
276	the taxes otherwise due and owing as a result of the failure to
277	use the property to provide affordable housing plus 15 percent
278	interest per annum and a penalty of 50 percent of the taxes
279	owed.
280	2.  Such lien, when filed, attaches to any property
281	identified in the notice of tax lien owned by the organization
282	that illegally or improperly received the exemption. If such
283	organization no longer owns property in the county but owns
284	property in any other county in the state, the property
285	appraiser shall record in each such other county a notice of tax
286	lien identifying the property owned by such organization in such
287	county which shall become a lien against the identified
288	property. Before any such lien may be filed, the organization so
289	notified must be given 30 days to pay the taxes, penalties, and
290	interest.
291	3.  If an exemption is improperly granted as a result of a
292	clerical mistake or an omission by the property appraiser, the
293	organization improperly receiving the exemption shall not be
294	assessed a penalty or interest.
295	4.  The 5-year limitation specified in this subsection may
296	be extended if the holder of the exemption continues to take
297	affirmative steps to develop the property for the purposes
298	specified in this subsection.
299	Section 5.  Section 196.1978, Florida Statutes, is amended
300	to read:
301	196.1978  Affordable housing property exemption.--Property
302	used to provide affordable housing serving eligible persons as
303	defined by s. 159.603(7) and natural persons or families meeting
304	the extremely-low-income, very-low-income, low-income, or
305	moderate-income persons meeting income limits specified in s.
306	420.0004 s. 420.0004(8), (10), (11), and (15), which property is
307	owned entirely by a nonprofit entity that is a corporation not
308	for profit, qualified as charitable under s. 501(c)(3) of the
309	Internal Revenue Code and in compliance with Rev. Proc. 96-32,
310	1996-1 C.B. 717, or a Florida-based limited partnership, the
311	sole general partner of which is a corporation not for profit
312	which is qualified as charitable under s. 501(c)(3) of the
313	Internal Revenue Code and which complies with Rev. Proc. 96-32,
314	1996-1 C.B. 717, shall be considered property owned by an exempt
315	entity and used for a charitable purpose, and those portions of
316	the affordable housing property which provide housing to natural
317	persons or families classified as extremely low income, very low
318	income, low income, or moderate income under s. 420.0004
319	individuals with incomes as defined in s. 420.0004(10) and (15)
320	shall be exempt from ad valorem taxation to the extent
321	authorized in s. 196.196. All property identified in this
322	section shall comply with the criteria for determination of
323	exempt status to be applied by property appraisers on an annual
324	basis as defined in s. 196.195. The Legislature intends that any
325	property owned by a limited liability company or limited
326	partnership which is disregarded as an entity for federal income
327	tax purposes pursuant to Treasury Regulation 301.7701-
328	3(b)(1)(ii) shall be treated as owned by its sole member or sole
329	general partner.
330	Section 6.  Subsections (9), (10), and (13) of section
331	201.15, Florida Statutes, are amended to read:
332	201.15  Distribution of taxes collected.--All taxes
333	collected under this chapter are subject to the service charge
334	imposed in s. 215.20(1). Prior to distribution under this
335	section, the Department of Revenue shall deduct amounts
336	necessary to pay the costs of the collection and enforcement of
337	the tax levied by this chapter. Such costs and the service
338	charge may not be levied against any portion of taxes pledged to
339	debt service on bonds to the extent that the costs and service
340	charge are required to pay any amounts relating to the bonds.
341	All taxes remaining after deduction of costs and the service
342	charge shall be distributed as follows:
343	(9)  Seven and fifty-three hundredths The lesser of 7.53
344	percent of the remaining taxes collected under this chapter or
345	$107 million in each fiscal year shall be paid into the State
346	Treasury to the credit of the State Housing Trust Fund and shall
347	be used as follows:
348	(a)  Half of that amount shall be used for the purposes for
349	which the State Housing Trust Fund was created and exists by
350	law.
351	(b)  Half of that amount shall be paid into the State
352	Treasury to the credit of the Local Government Housing Trust
353	Fund and shall be used for the purposes for which the Local
354	Government Housing Trust Fund was created and exists by law.
355	(10)  Eight and sixty-six hundredths The lesser of 8.66
356	percent of the remaining taxes collected under this chapter or
357	$136 million in each fiscal year shall be paid into the State
358	Treasury to the credit of the State Housing Trust Fund and shall
359	be used as follows:
360	(a)  Twelve and one-half percent of that amount shall be
361	deposited into the State Housing Trust Fund and be expended by
362	the Department of Community Affairs and by the Florida Housing
363	Finance Corporation for the purposes for which the State Housing
364	Trust Fund was created and exists by law.
365	(b)  Eighty-seven and one-half percent of that amount shall
366	be distributed to the Local Government Housing Trust Fund and
367	shall be used for the purposes for which the Local Government
368	Housing Trust Fund was created and exists by law. Funds from
369	this category may also be used to provide for state and local
370	services to assist the homeless.
371	(13)  Beginning July 1, 2009 2008, in each fiscal year that
372	the remaining taxes collected under this chapter exceed
373	collections in the prior fiscal year, the stated maximum dollar
374	amounts provided in subsections (2), (4), (6), and (7), (9), and
375	(10) shall each be increased by an amount equal to 10 percent of
376	the increase in the remaining taxes collected under this chapter
377	multiplied by the applicable percentage provided in those
378	subsections.
379	Section 7.  Paragraph (d) of subsection (2) of section
380	212.055, Florida Statutes, is amended to read:
381	212.055  Discretionary sales surtaxes; legislative intent;
382	authorization and use of proceeds.--It is the legislative intent
383	that any authorization for imposition of a discretionary sales
384	surtax shall be published in the Florida Statutes as a
385	subsection of this section, irrespective of the duration of the
386	levy. Each enactment shall specify the types of counties
387	authorized to levy; the rate or rates which may be imposed; the
388	maximum length of time the surtax may be imposed, if any; the
389	procedure which must be followed to secure voter approval, if
390	required; the purpose for which the proceeds may be expended;
391	and such other requirements as the Legislature may provide.
392	Taxable transactions and administrative procedures shall be as
393	provided in s. 212.054.
394	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
395	(d)1.  The proceeds of the surtax authorized by this
396	subsection and any accrued interest accrued thereto shall be
397	expended by the school district, or within the county and
398	municipalities within the county, or, in the case of a
399	negotiated joint county agreement, within another county, to
400	finance, plan, and construct infrastructure; and to acquire land
401	for public recreation, or conservation, or protection of natural
402	resources; or and to finance the closure of county-owned or
403	municipally owned solid waste landfills that have been are
404	already closed or are required to be closed close by order of
405	the Department of Environmental Protection. Any use of the such
406	proceeds or interest for purposes of landfill closure before
407	prior to July 1, 1993, is ratified. Neither The proceeds and nor
408	any interest may not accrued thereto shall be used for the
409	operational expenses of any infrastructure, except that a any
410	county that has with a population of fewer less than 75,000 and
411	that is required to close a landfill by order of the Department
412	of Environmental Protection may use the proceeds or any interest
413	accrued thereto for long-term maintenance costs associated with
414	landfill closure. Counties, as defined in s. 125.011 s.
415	125.011(1), and charter counties may, in addition, use the
416	proceeds or and any interest accrued thereto to retire or
417	service indebtedness incurred for bonds issued before prior to
418	July 1, 1987, for infrastructure purposes, and for bonds
419	subsequently issued to refund such bonds. Any use of the such
420	proceeds or interest for purposes of retiring or servicing
421	indebtedness incurred for such refunding bonds before prior to
422	July 1, 1999, is ratified.
423	1.2.  For the purposes of this paragraph, the term
424	"infrastructure" means:
425	a.  Any fixed capital expenditure or fixed capital outlay
426	associated with the construction, reconstruction, or improvement
427	of public facilities that have a life expectancy of 5 or more
428	years and any related land acquisition, land improvement,
429	design, and engineering costs related thereto.
430	b.  A fire department vehicle, an emergency medical service
431	vehicle, a sheriff's office vehicle, a police department
432	vehicle, or any other vehicle, and the such equipment necessary
433	to outfit the vehicle for its official use or equipment that has
434	a life expectancy of at least 5 years.
435	c.  Any expenditure for the construction, lease, or
436	maintenance of, or provision of utilities or security for,
437	facilities, as defined in s. 29.008.
438	d.  Any fixed capital expenditure or fixed capital outlay
439	associated with the improvement of private facilities that have
440	a life expectancy of 5 or more years and that the owner agrees
441	to make available for use on a temporary basis as needed by a
442	local government as a public emergency shelter or a staging area
443	for emergency response equipment during an emergency officially
444	declared by the state or by the local government under s.
445	252.38. Such improvements under this sub-subparagraph are
446	limited to those necessary to comply with current standards for
447	public emergency evacuation shelters. The owner must shall enter
448	into a written contract with the local government providing the
449	improvement funding to make the such private facility available
450	to the public for purposes of emergency shelter at no cost to
451	the local government for a minimum period of 10 years after
452	completion of the improvement, with the provision that the such
453	obligation will transfer to any subsequent owner until the end
454	of the minimum period.
455	e.  Any land-acquisition expenditure for a residential
456	housing project in which at least 30 percent of the units are
457	affordable to individuals or families whose total annual
458	household income does not exceed 120 percent of the area median
459	income adjusted for household size, if the land is owned by a
460	local government or by a special district that enters into a
461	written agreement with the local government to provide such
462	housing. The local government or special district may enter into
463	a ground lease with a public or private person or entity for
464	nominal or other consideration for the construction of the
465	residential housing project on land acquired pursuant to this
466	sub-subparagraph.
467	2.3.  Notwithstanding any other provision of this
468	subsection, a local government infrastructure discretionary
469	sales surtax imposed or extended after July 1, 1998, the
470	effective date of this act may allocate up to provide for an
471	amount not to exceed 15 percent of the local option sales surtax
472	proceeds to be allocated for deposit in to a trust fund within
473	the county's accounts created for the purpose of funding
474	economic development projects having of a general public purpose
475	of improving targeted to improve local economies, including the
476	funding of operational costs and incentives related to such
477	economic development. The ballot statement must indicate the
478	intention to make an allocation under the authority of this
479	subparagraph.
480	Section 8.  Present subsections (25) through (41) of
481	section 420.503, Florida Statutes, are redesignated as
482	subsections (26) through (42), respectively, and a new
483	subsection (25) is added to that section to read:
484	420.503  Definitions.--As used in this part, the term:
485	(25)  "Moderate rehabilitation" means repair or restoration
486	of a dwelling unit when the value of such repair or restoration
487	is 40 percent or less of the value of the dwelling but not less
488	than $10,000 per dwelling unit.
489	Section 9.  Subsection (35) of section 420.507, Florida
490	Statutes, is amended, and subsections (47) and (48) are added to
491	that section, to read:
492	420.507  Powers of the corporation.--The corporation shall
493	have all the powers necessary or convenient to carry out and
494	effectuate the purposes and provisions of this part, including
495	the following powers which are in addition to all other powers
496	granted by other provisions of this part:
497	(35)  To preclude from further participation in any of the
498	corporation's programs, for a period of up to 2 years, any
499	applicant or affiliate of an applicant which has made a material
500	misrepresentation or engaged in fraudulent actions in connection
501	with any application for a corporation program, except that the
502	corporation may not limit the number of applications, whether by
503	overall number or by category, from any applicant or affiliate
504	of an applicant that are otherwise eligible for consideration in
505	any of the corporation's programs. The prohibition on limitation
506	of applications shall be applicable to any application cycle
507	commenced after the effective date of this act.
508	(47)  To provide by rule, in connection with any
509	corporation competitive program, criteria establishing a
510	preference for developers and general contractors domiciled in
511	this state and for developers and general contractors,
512	regardless of domicile, who have substantial experience in
513	developing or building affordable housing through the
514	corporation's programs.
515	(a)  In evaluating whether a developer or general
516	contractor is domiciled in this state, the corporation shall
517	consider whether the developer's or general contractor's
518	principal office is located in this state and whether a majority
519	of the developer's or general contractor's principals and
520	financial beneficiaries reside in Florida.
521	(b)  In evaluating whether a developer or general
522	contractor has substantial experience, the corporation shall
523	consider whether the developer or general contractor has
524	completed at least five developments using funds either provided
525	by or administered by the corporation.
526	(48)  To develop and administer the Florida Public Housing
527	Authority Preservation Grant Program. In developing and
528	administering the program, the corporation may:
529	(a)  Develop criteria for determining the priority for
530	expending grants to preserve and rehabilitate 30-year-old and
531	older buildings and units under public housing authority control
532	as defined in chapter 421.
533	(b)  Adopt rules for the grant program and exercise the
534	powers authorized in this section.
535	Section 10.  Paragraphs (c) and (l) of subsection (6) of
536	section 420.5087, Florida Statutes, are amended to read:
537	420.5087  State Apartment Incentive Loan Program.--There is
538	hereby created the State Apartment Incentive Loan Program for
539	the purpose of providing first, second, or other subordinated
540	mortgage loans or loan guarantees to sponsors, including for-
541	profit, nonprofit, and public entities, to provide housing
542	affordable to very-low-income persons.
543	(6)  On all state apartment incentive loans, except loans
544	made to housing communities for the elderly to provide for
545	lifesafety, building preservation, health, sanitation, or
546	security-related repairs or improvements, the following
547	provisions shall apply:
548	(c)  The corporation shall provide by rule for the
549	establishment of a review committee composed of the department
550	and corporation staff and shall establish by rule a scoring
551	system for evaluation and competitive ranking of applications
552	submitted in this program, including, but not limited to, the
553	following criteria:
554	1.  Tenant income and demographic targeting objectives of
555	the corporation.
556	2.  Targeting objectives of the corporation which will
557	ensure an equitable distribution of loans between rural and
558	urban areas.
559	3.  Sponsor's agreement to reserve the units for persons or
560	families who have incomes below 50 percent of the state or local
561	median income, whichever is higher, for a time period to exceed
562	the minimum required by federal law or the provisions of this
563	part.
564	4.  Sponsor's agreement to reserve more than:
565	a.  Twenty percent of the units in the project for persons
566	or families who have incomes that do not exceed 50 percent of
567	the state or local median income, whichever is higher; or
568	b.  Forty percent of the units in the project for persons
569	or families who have incomes that do not exceed 60 percent of
570	the state or local median income, whichever is higher, without
571	requiring a greater amount of the loans as provided in this
572	section.
573	5.  Provision for tenant counseling.
574	6.  Sponsor's agreement to accept rental assistance
575	certificates or vouchers as payment for rent.
576	7.  Projects requiring the least amount of a state
577	apartment incentive loan compared to overall project cost except
578	that the share of the loan attributable to units serving
579	extremely-low-income persons shall be excluded from this
580	requirement.
581	8.  Local government contributions and local government
582	comprehensive planning and activities that promote affordable
583	housing.
584	9.  Project feasibility.
585	10.  Economic viability of the project.
586	11.  Commitment of first mortgage financing.
587	12.  Sponsor's prior experience, including whether the
588	developer and general contractor have substantial experience, as
589	provided in s. 420.507(47).
590	13.  Sponsor's ability to proceed with construction.
591	14.  Projects that directly implement or assist welfare-to-
592	work transitioning.
593	15.  Projects that reserve units for extremely-low-income
594	persons.
595	16.  Projects that include green building principles,
596	storm-resistant construction, or other elements that reduce
597	long-term costs relating to maintenance, utilities, or
598	insurance.
599	17.  Domicile of the developer and general contractor, as
600	provided in s. 420.507(47).
601	(l)  The proceeds of all loans shall be used for new
602	construction, moderate rehabilitation, or substantial
603	rehabilitation which creates or preserves affordable, safe, and
604	sanitary housing units.
605	Section 11.  Subsection (5) of section 420.615, Florida
606	Statutes, is amended to read:
607	420.615  Affordable housing land donation density bonus
608	incentives.--
609	(5)  The local government, as part of the approval process,
610	shall adopt a comprehensive plan amendment, pursuant to part II
611	of chapter 163, for the receiving land that incorporates the
612	density bonus. Such amendment shall be deemed by operation of
613	law a small scale amendment, shall be subject only to the
614	requirements of adopted in the manner as required for small-
615	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
616	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
617	is exempt from s. 163.3187(1)(c)1. and the limitation on the
618	frequency of plan amendments as provided in s. 163.3187. An
619	affected person, as defined in s. 163.3184(1), may file a
620	petition for administrative review pursuant to the requirements
621	of s. 163.3187(3) to challenge the compliance of an adopted plan
622	amendment.
623	Section 12.  Subsection (5) of section 420.622, Florida
624	Statutes, is amended to read:
625	420.622  State Office on Homelessness; Council on
626	Homelessness.--
627	(5)  The State Office on Homelessness, with the concurrence
628	of the Council on Homelessness, may administer moneys
629	appropriated to it to provide homeless housing assistance grants
630	annually to lead agencies for local homeless assistance
631	continuum of care, as recognized by the State Office on
632	Homelessness, to acquire, construct, or rehabilitate
633	transitional or permanent housing units for homeless persons.
634	These moneys shall consist of any sums that the state may
635	appropriate, as well as money received from donations, gifts,
636	bequests, or otherwise from any public or private source, which
637	are money is intended to acquire, construct, or rehabilitate
638	transitional or permanent housing units for homeless persons.
639	(a)  Grant applicants shall be ranked competitively.
640	Preference must be given to applicants who leverage additional
641	private funds and public funds, particularly federal funds
642	designated for the acquisition, construction, or and
643	rehabilitation of transitional or permanent housing for homeless
644	persons;, who acquire, build, or rehabilitate the greatest
645	number of units;, and who acquire, build, or rehabilitate in
646	catchment areas having the greatest need for housing for the
647	homeless relative to the population of the catchment area.
648	(b)  Funding for any particular project may not exceed
649	$750,000.
650	(c)  Projects must reserve, for a minimum of 10 years, the
651	number of units acquired, constructed, or rehabilitated through
652	homeless housing assistance grant funding to serve persons who
653	are homeless at the time they assume tenancy.
654	(d)  No more than two grants may be awarded annually in any
655	given local homeless assistance continuum of care catchment
656	area.
657	(e)  A project may not be funded which is not included in
658	the local homeless assistance continuum of care plan, as
659	recognized by the State Office on Homelessness, for the
660	catchment area in which the project is located.
661	(f)  The maximum percentage of funds that the State Office
662	on Homelessness and each applicant may spend on administrative
663	costs is 5 percent.
664	Section 13.  Section 420.628, Florida Statutes, is created
665	to read:
666	420.628  Affordable housing for children and young adults
667	leaving foster care.--
668	(1)(a)  The Legislature finds that many young people who
669	live in foster families, group homes, and institutions face
670	numerous barriers to a successful transition to adulthood,
671	through no fault of their own and that youth in, or
672	transitioning out of, foster care may enter adulthood lacking
673	the knowledge, skills, attitudes, habits, and relationships that
674	will enable them to become productive members of society.
675	(b)  The Legislature further finds that the main barriers
676	to safe and affordable housing for youth aging out of the foster
677	care system are cost, lack of availability, the unwillingness of
678	many landlords to rent to them due to perceived regulatory
679	barriers, and their own lack of knowledge about how to be good
680	tenants.
681	(c)  The Legislature also finds that young adults who
682	emancipate from the child welfare system are at risk of becoming
683	homeless and those who were formerly in foster care are
684	disproportionately represented in the homeless population. The
685	Legislature further finds that making available affordable
686	housing for young people who transition from foster care
687	decreases their chance of homelessness and may increase their
688	ability to live independently. Without the stability of safe
689	housing, all other services, training, and opportunities may not
690	be effective.
691	(d)  It is therefore the intent of the Legislature that the
692	Florida Housing Finance Corporation, State Housing Initiative
693	Partnership Program agencies, local housing finance agencies,
694	public housing authorities, and other providers of affordable
695	housing coordinate with the Department of Children and Family
696	Services, their agents, and community-based care providers to
697	develop and implement strategies and procedures designed to make
698	affordable housing available to youth transitioning out of
699	foster care whenever and wherever possible.
700	(2)(a)  Young adults formerly in foster care who are
701	eligible for services under s. 409.1451(5) are eligible persons,
702	as defined by ss. 420.503(17) and 420.9071(10), for affordable
703	housing and shall be encouraged to participate in state,
704	federal, and local affordable housing programs.
705	(b)  Students deemed eligible occupants under 26 CFR s.
706	42(i)(3)(D) shall be considered eligible persons for purposes of
707	all projects funded under this chapter.
708	Section 14.  Subsections (4), (8), (16), and (25) of
709	section 420.9071, Florida Statutes, are amended, and subsections
710	(29) and (30) are added to that section, to read:
711	420.9071  Definitions.--As used in ss. 420.907-420.9079,
712	the term:
713	(4)  "Annual gross income" means annual income as defined
714	under the Section 8 housing assistance payments programs in 24
715	C.F.R. part 5; annual income as reported under the census long
716	form for the recent available decennial census; or adjusted
717	gross income as defined for purposes of reporting under Internal
718	Revenue Service Form 1040 for individual federal annual income
719	tax purposes or as defined by standard practices used in the
720	lending industry as detailed in the local housing assistance
721	plan and approved by the corporation. Counties and eligible
722	municipalities shall calculate income by annualizing verified
723	sources of income for the household as the amount of income to
724	be received in a household during the 12 months following the
725	effective date of the determination.
726	(8)  "Eligible housing" means any real and personal
727	property located within the county or the eligible municipality
728	which is designed and intended for the primary purpose of
729	providing decent, safe, and sanitary residential units that are
730	designed to meet the standards of the Florida Building Code or a
731	predecessor building code adopted under chapter 553, or
732	manufactured housing constructed after June 1994 and installed
733	in accordance with mobile home installation standards of the
734	Department of Highway Safety and Motor Vehicles, for home
735	ownership or rental for eligible persons as designated by each
736	county or eligible municipality participating in the State
737	Housing Initiatives Partnership Program.
738	(16)  "Local housing incentive strategies" means local
739	regulatory reform or incentive programs to encourage or
740	facilitate affordable housing production, which include at a
741	minimum, assurance that permits as defined in s. 163.3164(7) and
742	(8) for affordable housing projects are expedited to a greater
743	degree than other projects; an ongoing process for review of
744	local policies, ordinances, regulations, and plan provisions
745	that increase the cost of housing prior to their adoption; and a
746	schedule for implementing the incentive strategies. Local
747	housing incentive strategies may also include other regulatory
748	reforms, such as those enumerated in s. 420.9076 or those
749	recommended by the affordable housing advisory committee in its
750	triennial evaluation and adopted by the local governing body.
751	(25)  "Recaptured funds" means funds that are recouped by a
752	county or eligible municipality in accordance with the recapture
753	provisions of its local housing assistance plan pursuant to s.
754	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
755	which funds were not used for assistance to an eligible
756	household for an eligible activity, when there is a who default
757	on the terms of a grant award or loan award.
758	(29)  "Assisted housing" or "assisted housing development"
759	means a rental housing development, including rental housing in
760	a mixed-use development, that received or currently receives
761	funding from any federal or state housing program.
762	(30)  "Preservation" means actions taken to keep rents in
763	existing assisted housing affordable for extremely-low-income,
764	very-low-income, low-income, and moderate-income households
765	while ensuring that the property stays in good physical and
766	financial condition for an extended period.
767	Section 15.  Subsections (6) and (7) of section 420.9072,
768	Florida Statutes, are amended to read:
769	420.9072  State Housing Initiatives Partnership
770	Program.--The State Housing Initiatives Partnership Program is
771	created for the purpose of providing funds to counties and
772	eligible municipalities as an incentive for the creation of
773	local housing partnerships, to expand production of and preserve
774	affordable housing, to further the housing element of the local
775	government comprehensive plan specific to affordable housing,
776	and to increase housing-related employment.
777	(6)  The moneys that otherwise would be distributed
778	pursuant to s. 420.9073 to a local government that does not meet
779	the program's requirements for receipts of such distributions
780	shall remain in the Local Government Housing Trust Fund to be
781	administered by the corporation pursuant to s. 420.9078.
782	(7)  A county or an eligible municipality must expend its
783	portion of the local housing distribution only to implement a
784	local housing assistance plan or as provided in this subsection.
785	(a)  A county or an eligible municipality may not expend
786	its portion of the local housing distribution to provide rent
787	subsidies; however, this does not prohibit the use of funds for
788	security and utility deposit assistance.
789	(b)  A county or an eligible municipality may expend a
790	portion of the local housing distribution to provide a one-time
791	relocation grant to persons who meet the income requirements of
792	the State Housing Initiatives Partnership Program and who are
793	subject to eviction from rental property located in the county
794	or eligible municipality due to the foreclosure of the rental
795	property. In order to receive a grant under this paragraph, a
796	person must provide the county or eligible municipality with
797	proof of meeting the income requirements of a very-low-income
798	household, a low-income household, or a moderate-income
799	household; a notice of eviction; and proof that the rent has
800	been paid for at least 3 months before the date of eviction,
801	including the month that the notice of eviction was served.
802	Relocation assistance under this paragraph is limited to a one-
803	time grant of not more than $5,000 and is not limited to persons
804	who are subject to eviction from projects funded under the State
805	Housing Initiatives Partnership Program. This paragraph expires
806	July 1, 2010.
807	Section 16.  Subsections (1) and (2) of section 420.9073,
808	Florida Statutes, are amended, and subsections (5), (6), and (7)
809	are added to that section, to read:
810	420.9073  Local housing distributions.--
811	(1)  Distributions calculated in this section shall be
812	disbursed on a quarterly or more frequent monthly basis by the
813	corporation beginning the first day of the month after program
814	approval pursuant to s. 420.9072, subject to availability of
815	funds. Each county's share of the funds to be distributed from
816	the portion of the funds in the Local Government Housing Trust
817	Fund received pursuant to s. 201.15(9) shall be calculated by
818	the corporation for each fiscal year as follows:
819	(a)  Each county other than a county that has implemented
820	the provisions of chapter 83-220, Laws of Florida, as amended by
821	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
822	receive the guaranteed amount for each fiscal year.
823	(b)  Each county other than a county that has implemented
824	the provisions of chapter 83-220, Laws of Florida, as amended by
825	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
826	receive an additional share calculated as follows:
827	1.  Multiply each county's percentage of the total state
828	population excluding the population of any county that has
829	implemented the provisions of chapter 83-220, Laws of Florida,
830	as amended by chapters 84-270, 86-152, and 89-252, Laws of
831	Florida, by the total funds to be distributed.
832	2.  If the result in subparagraph 1. is less than the
833	guaranteed amount as determined in subsection (3), that county's
834	additional share shall be zero.
835	3.  For each county in which the result in subparagraph 1.
836	is greater than the guaranteed amount as determined in
837	subsection (3), the amount calculated in subparagraph 1. shall
838	be reduced by the guaranteed amount. The result for each such
839	county shall be expressed as a percentage of the amounts so
840	determined for all counties. Each such county shall receive an
841	additional share equal to such percentage multiplied by the
842	total funds received by the Local Government Housing Trust Fund
843	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
844	to all counties.
845	(2)  Effective July 1, 1995, Distributions calculated in
846	this section shall be disbursed on a quarterly or more frequent
847	monthly basis by the corporation beginning the first day of the
848	month after program approval pursuant to s. 420.9072, subject to
849	availability of funds. Each county's share of the funds to be
850	distributed from the portion of the funds in the Local
851	Government Housing Trust Fund received pursuant to s. 201.15(10)
852	shall be calculated by the corporation for each fiscal year as
853	follows:
854	(a)  Each county shall receive the guaranteed amount for
855	each fiscal year.
856	(b)  Each county may receive an additional share calculated
857	as follows:
858	1.  Multiply each county's percentage of the total state
859	population, by the total funds to be distributed.
860	2.  If the result in subparagraph 1. is less than the
861	guaranteed amount as determined in subsection (3), that county's
862	additional share shall be zero.
863	3.  For each county in which the result in subparagraph 1.
864	is greater than the guaranteed amount, the amount calculated in
865	subparagraph 1. shall be reduced by the guaranteed amount. The
866	result for each such county shall be expressed as a percentage
867	of the amounts so determined for all counties. Each such county
868	shall receive an additional share equal to this percentage
869	multiplied by the total funds received by the Local Government
870	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
871	guaranteed amount paid to all counties.
872	(5)  Notwithstanding subsections (1)-(4), the corporation
873	is authorized to withhold up to $5 million from the total
874	distribution each fiscal year to provide additional funding to
875	counties and eligible municipalities in which a state of
876	emergency has been declared by the Governor pursuant to chapter
877	252. Any portion of such funds not distributed under this
878	subsection by the end of the fiscal year shall be distributed as
879	provided in this section.
880	(6)  Notwithstanding subsections (1)-(4), the corporation
881	is authorized to withhold up to $5 million from the total
882	distribution each fiscal year to provide funding to counties and
883	eligible municipalities to purchase properties subject to a
884	State Housing Initiative Partnership Program lien and on which
885	foreclosure proceedings have been initiated by any mortgagee.
886	Each county and eligible municipality that receives funds under
887	this subsection shall repay such funds to the corporation not
888	later than the expenditure deadline for the fiscal year in which
889	the funds were awarded. Amounts not repaid shall be withheld
890	from the subsequent year's distribution. Any portion of such
891	funds not distributed under this subsection by the end of the
892	fiscal year shall be distributed as provided in this section.
893	(7)  A county or eligible municipality that receives local
894	housing distributions pursuant to this section shall expend
895	those funds in accordance with the provisions of ss. 420.907-
896	420.9079, corporation rule, and its local housing assistance
897	plan.
898	Section 17.  Effective upon this act becoming a law and
899	operating retroactively to July 1, 2008, paragraph (d) of
900	subsection (5) of section 420.9075, Florida Statutes, is
901	reenacted and amended to read:
902	420.9075  Local housing assistance plans; partnerships.--
903	(5)  The following criteria apply to awards made to
904	eligible sponsors or eligible persons for the purpose of
905	providing eligible housing:
906	(d)1.  All units constructed, rehabilitated, or otherwise
907	assisted with the funds provided from the local housing
908	assistance trust fund must be occupied by very-low-income
909	persons, low-income persons, and moderate-income persons.
910	2.  At least 30 percent of the funds deposited into the
911	local housing assistance trust fund must be reserved for awards
912	to very-low-income persons or eligible sponsors who will serve
913	very-low-income persons and at least an additional 30 percent of
914	the funds deposited into the local housing assistance trust fund
915	must be reserved for awards to low-income persons or eligible
916	sponsors who will serve low-income persons. This subparagraph
917	does not apply to a county or an eligible municipality that
918	includes, or has included within the previous 5 years, an area
919	of critical state concern designated or ratified by the
920	Legislature for which the Legislature has declared its intent to
921	provide affordable housing. The exemption created by this act
922	expires on July 1, 2013 2008.
923
924	If both an award under the local housing assistance plan and
925	federal low-income housing tax credits are used to assist a
926	project and there is a conflict between the criteria prescribed
927	in this subsection and the requirements of s. 42 of the Internal
928	Revenue Code of 1986, as amended, the county or eligible
929	municipality may resolve the conflict by giving precedence to
930	the requirements of s. 42 of the Internal Revenue Code of 1986,
931	as amended, in lieu of following the criteria prescribed in this
932	subsection with the exception of paragraphs (a) and (d) of this
933	subsection.
934	Section 18.  Subsections (1), (3), (5), and (8), paragraphs
935	(a) and (h) of subsection (10), and paragraph (b) of subsection
936	(13) of section 420.9075, Florida Statutes, as amended by this
937	act, are amended, and subsection (14) is added to that section,
938	to read:
939	420.9075  Local housing assistance plans; partnerships.--
940	(1)(a)  Each county or eligible municipality participating
941	in the State Housing Initiatives Partnership Program shall
942	develop and implement a local housing assistance plan created to
943	make affordable residential units available to persons of very
944	low income, low income, or moderate income and to persons who
945	have special housing needs, including, but not limited to,
946	homeless people, the elderly, and migrant farmworkers, and
947	persons with disabilities. High-cost counties or eligible
948	municipalities as defined by rule of the corporation may include
949	strategies to assist persons and households having annual
950	incomes of not more than 140 percent of area median income. The
951	plans are intended to increase the availability of affordable
952	residential units by combining local resources and cost-saving
953	measures into a local housing partnership and using private and
954	public funds to reduce the cost of housing.
955	(b)  Local housing assistance plans may allocate funds to:
956	1.  Implement local housing assistance strategies for the
957	provision of affordable housing.
958	2.  Supplement funds available to the corporation to
959	provide enhanced funding of state housing programs within the
960	county or the eligible municipality.
961	3.  Provide the local matching share of federal affordable
962	housing grants or programs.
963	4.  Fund emergency repairs, including, but not limited to,
964	repairs performed by existing service providers under
965	weatherization assistance programs under ss. 409.509-409.5093.
966	5.  Further the housing element of the local government
967	comprehensive plan adopted pursuant to s. 163.3184, specific to
968	affordable housing.
969	(3)(a)  Each local housing assistance plan shall include a
970	definition of essential service personnel for the county or
971	eligible municipality, including, but not limited to, teachers
972	and educators, other school district, community college, and
973	university employees, police and fire personnel, health care
974	personnel, skilled building trades personnel, and other job
975	categories.
976	(b)  Each county and each eligible municipality is
977	encouraged to develop a strategy within its local housing
978	assistance plan that emphasizes the recruitment and retention of
979	essential service personnel. The local government is encouraged
980	to involve public and private sector employers. Compliance with
981	the eligibility criteria established under this strategy shall
982	be verified by the county or eligible municipality.
983	(c)  Each county and each eligible municipality is
984	encouraged to develop a strategy within its local housing
985	assistance plan that addresses the needs of persons who are
986	deprived of affordable housing due to the closure of a mobile
987	home park or the conversion of affordable rental units to
988	condominiums.
989	(d)  Each county and each eligible municipality shall
990	describe initiatives in the local housing assistance plan to
991	encourage or require innovative design, green building
992	principles, storm-resistant construction, or other elements that
993	reduce long-term costs relating to maintenance, utilities, or
994	insurance.
995	(e)  Each county and each eligible municipality is
996	encouraged to develop a strategy within its local housing
997	assistance plan that provides program funds for the preservation
998	of assisted housing.
999	(5)  The following criteria apply to awards made to
1000	eligible sponsors or eligible persons for the purpose of
1001	providing eligible housing:
1002	(a)  At least 65 percent of the funds made available in
1003	each county and eligible municipality from the local housing
1004	distribution must be reserved for home ownership for eligible
1005	persons.
1006	(b)  At least 75 percent of the funds made available in
1007	each county and eligible municipality from the local housing
1008	distribution must be reserved for construction, rehabilitation,
1009	or emergency repair of affordable, eligible housing.
1010	(c)  Not more than 20 percent of the funds made available
1011	in each county and eligible municipality from the local housing
1012	distribution may be used for manufactured housing.
1013	(d)(c)  The sales price or value of new or existing
1014	eligible housing may not exceed 90 percent of the average area
1015	purchase price in the statistical area in which the eligible
1016	housing is located. Such average area purchase price may be that
1017	calculated for any 12-month period beginning not earlier than
1018	the fourth calendar year prior to the year in which the award
1019	occurs or as otherwise established by the United States
1020	Department of the Treasury.
1021	(e)(d)1.  All units constructed, rehabilitated, or
1022	otherwise assisted with the funds provided from the local
1023	housing assistance trust fund must be occupied by very-low-
1024	income persons, low-income persons, and moderate-income persons
1025	except as otherwise provided in this section.
1026	2.  At least 30 percent of the funds deposited into the
1027	local housing assistance trust fund must be reserved for awards
1028	to very-low-income persons or eligible sponsors who will serve
1029	very-low-income persons and at least an additional 30 percent of
1030	the funds deposited into the local housing assistance trust fund
1031	must be reserved for awards to low-income persons or eligible
1032	sponsors who will serve low-income persons. This subparagraph
1033	does not apply to a county or an eligible municipality that
1034	includes, or has included within the previous 5 years, an area
1035	of critical state concern designated or ratified by the
1036	Legislature for which the Legislature has declared its intent to
1037	provide affordable housing. The exemption created by this act
1038	expires on July 1, 2013.
1039	(f)(e)  Loans shall be provided for periods not exceeding
1040	30 years, except for deferred payment loans or loans that extend
1041	beyond 30 years which continue to serve eligible persons.
1042	(g)(f)  Loans or grants for eligible rental housing
1043	constructed, rehabilitated, or otherwise assisted from the local
1044	housing assistance trust fund must be subject to recapture
1045	requirements as provided by the county or eligible municipality
1046	in its local housing assistance plan unless reserved for
1047	eligible persons for 15 years or the term of the assistance,
1048	whichever period is longer. Eligible sponsors that offer rental
1049	housing for sale before 15 years or that have remaining
1050	mortgages funded under this program must give a first right of
1051	refusal to eligible nonprofit organizations for purchase at the
1052	current market value for continued occupancy by eligible
1053	persons.
1054	(h)(g)  Loans or grants for eligible owner-occupied housing
1055	constructed, rehabilitated, or otherwise assisted from proceeds
1056	provided from the local housing assistance trust fund shall be
1057	subject to recapture requirements as provided by the county or
1058	eligible municipality in its local housing assistance plan.
1059	(i)(h)  The total amount of monthly mortgage payments or
1060	the amount of monthly rent charged by the eligible sponsor or
1061	her or his designee must be made affordable.
1062	(j)(i)  The maximum sales price or value per unit and the
1063	maximum award per unit for eligible housing benefiting from
1064	awards made pursuant to this section must be established in the
1065	local housing assistance plan.
1066	(k)(j)  The benefit of assistance provided through the
1067	State Housing Initiatives Partnership Program must accrue to
1068	eligible persons occupying eligible housing. This provision
1069	shall not be construed to prohibit use of the local housing
1070	distribution funds for a mixed income rental development.
1071	(l)(k)  Funds from the local housing distribution not used
1072	to meet the criteria established in paragraph (a) or paragraph
1073	(b) or not used for the administration of a local housing
1074	assistance plan must be used for housing production and finance
1075	activities, including, but not limited to, financing
1076	preconstruction activities or the purchase of existing units,
1077	providing rental housing, and providing home ownership training
1078	to prospective home buyers and owners of homes assisted through
1079	the local housing assistance plan.
1080	1.  Notwithstanding the provisions of paragraphs (a) and
1081	(b), program income as defined in s. 420.9071(24) may also be
1082	used to fund activities described in this paragraph.
1083	2.  When preconstruction due diligence activities conducted
1084	as part of a preservation strategy show that preservation of the
1085	units is not feasible and will not result in the production of
1086	an eligible unit, such costs shall be deemed a program expense
1087	rather than an administrative expense if such program expenses
1088	do not exceed 3 percent of the annual local housing
1089	distribution.
1090	3.  If both an award under the local housing assistance
1091	plan and federal low-income housing tax credits are used to
1092	assist a project and there is a conflict between the criteria
1093	prescribed in this subsection and the requirements of s. 42 of
1094	the Internal Revenue Code of 1986, as amended, the county or
1095	eligible municipality may resolve the conflict by giving
1096	precedence to the requirements of s. 42 of the Internal Revenue
1097	Code of 1986, as amended, in lieu of following the criteria
1098	prescribed in this subsection with the exception of paragraphs
1099	(a) and (e) (d) of this subsection.
1100	4.  Each county and each eligible municipality may award
1101	funds as a grant for construction, rehabilitation, or repair as
1102	part of disaster recovery or emergency repairs or to remedy
1103	accessibility or health and safety deficiencies. Any other
1104	grants must be approved as part of the local housing assistance
1105	plan.
1106	(8)  Pursuant to s. 420.531, the corporation shall provide
1107	training and technical assistance to local governments regarding
1108	the creation of partnerships, the design of local housing
1109	assistance strategies, the implementation of local housing
1110	incentive strategies, and the provision of support services.
1111	(10)  Each county or eligible municipality shall submit to
1112	the corporation by September 15 of each year a report of its
1113	affordable housing programs and accomplishments through June 30
1114	immediately preceding submittal of the report. The report shall
1115	be certified as accurate and complete by the local government's
1116	chief elected official or his or her designee. Transmittal of
1117	the annual report by a county's or eligible municipality's chief
1118	elected official, or his or her designee, certifies that the
1119	local housing incentive strategies, or, if applicable, the local
1120	housing incentive plan, have been implemented or are in the
1121	process of being implemented pursuant to the adopted schedule
1122	for implementation. The report must include, but is not limited
1123	to:
1124	(a)  The number of households served by income category,
1125	age, family size, and race, and data regarding any special needs
1126	populations such as farmworkers, homeless persons, persons with
1127	disabilities, and the elderly. Counties shall report this
1128	information separately for households served in the
1129	unincorporated area and each municipality within the county.
1130	(h)  Such other data or affordable housing accomplishments
1131	considered significant by the reporting county or eligible
1132	municipality or by the corporation.
1133	(13)
1134	(b)  If, as a result of its review of the annual report,
1135	the corporation determines that a county or eligible
1136	municipality has failed to implement a local housing incentive
1137	strategy, or, if applicable, a local housing incentive plan, it
1138	shall send a notice of termination of the local government's
1139	share of the local housing distribution by certified mail to the
1140	affected county or eligible municipality.
1141	1.  The notice must specify a date of termination of the
1142	funding if the affected county or eligible municipality does not
1143	implement the plan or strategy and provide for a local response.
1144	A county or eligible municipality shall respond to the
1145	corporation within 30 days after receipt of the notice of
1146	termination.
1147	2.  The corporation shall consider the local response that
1148	extenuating circumstances precluded implementation and grant an
1149	extension to the timeframe for implementation. Such an extension
1150	shall be made in the form of an extension agreement that
1151	provides a timeframe for implementation. The chief elected
1152	official of a county or eligible municipality or his or her
1153	designee shall have the authority to enter into the agreement on
1154	behalf of the local government.
1155	3.  If the county or the eligible municipality has not
1156	implemented the incentive strategy or entered into an extension
1157	agreement by the termination date specified in the notice, the
1158	local housing distribution share terminates, and any uncommitted
1159	local housing distribution funds held by the affected county or
1160	eligible municipality in its local housing assistance trust fund
1161	shall be transferred to the Local Government Housing Trust Fund
1162	to the credit of the corporation to administer pursuant to s.
1163	420.9078.
1164	4.a.  If the affected local government fails to meet the
1165	timeframes specified in the agreement, the corporation shall
1166	terminate funds. The corporation shall send a notice of
1167	termination of the local government's share of the local housing
1168	distribution by certified mail to the affected local government.
1169	The notice shall specify the termination date, and any
1170	uncommitted funds held by the affected local government shall be
1171	transferred to the Local Government Housing Trust Fund to the
1172	credit of the corporation to administer pursuant to s. 420.9078.
1173	b.  If the corporation terminates funds to a county, but an
1174	eligible municipality receiving a local housing distribution
1175	pursuant to an interlocal agreement maintains compliance with
1176	program requirements, the corporation shall thereafter
1177	distribute directly to the participating eligible municipality
1178	its share calculated in the manner provided in s. 420.9072.
1179	c.  Any county or eligible municipality whose local
1180	distribution share has been terminated may subsequently elect to
1181	receive directly its local distribution share by adopting the
1182	ordinance, resolution, and local housing assistance plan in the
1183	manner and according to the procedures provided in ss. 420.907-
1184	420.9079.
1185	(14)  If the corporation determines that a county or
1186	eligible municipality has expended program funds for an
1187	ineligible activity, the corporation shall require such funds to
1188	be repaid to the local housing assistance trust fund. Such
1189	repayment may not be made with funds from the State Housing
1190	Initiatives Partnership Program.
1191	Section 19.  Paragraph (h) of subsection (2), subsections
1192	(5) and (6), and paragraph (a) of subsection (7) of section
1193	420.9076, Florida Statutes, are amended to read:
1194	420.9076  Adoption of affordable housing incentive
1195	strategies; committees.--
1196	(2)  The governing board of a county or municipality shall
1197	appoint the members of the affordable housing advisory committee
1198	by resolution. Pursuant to the terms of any interlocal
1199	agreement, a county and municipality may create and jointly
1200	appoint an advisory committee to prepare a joint plan. The
1201	ordinance adopted pursuant to s. 420.9072 which creates the
1202	advisory committee or the resolution appointing the advisory
1203	committee members must provide for 11 committee members and
1204	their terms. The committee must include:
1205	(h)  One citizen who actively serves on the local planning
1206	agency pursuant to s. 163.3174. If the local planning agency is
1207	comprised of the governing board of the county or municipality,
1208	the governing board may appoint a designee who is knowledgeable
1209	in the local planning process.
1210
1211	If a county or eligible municipality whether due to its small
1212	size, the presence of a conflict of interest by prospective
1213	appointees, or other reasonable factor, is unable to appoint a
1214	citizen actively engaged in these activities in connection with
1215	affordable housing, a citizen engaged in the activity without
1216	regard to affordable housing may be appointed. Local governments
1217	that receive the minimum allocation under the State Housing
1218	Initiatives Partnership Program may elect to appoint an
1219	affordable housing advisory committee with fewer than 11
1220	representatives if they are unable to find representatives who
1221	meet the criteria of paragraphs (a)-(k).
1222	(5)  The approval by the advisory committee of its local
1223	housing incentive strategies recommendations and its review of
1224	local government implementation of previously recommended
1225	strategies must be made by affirmative vote of a majority of the
1226	membership of the advisory committee taken at a public hearing.
1227	Notice of the time, date, and place of the public hearing of the
1228	advisory committee to adopt its evaluation and final local
1229	housing incentive strategies recommendations must be published
1230	in a newspaper of general paid circulation in the county. The
1231	notice must contain a short and concise summary of the
1232	evaluation and local housing incentives strategies
1233	recommendations to be considered by the advisory committee. The
1234	notice must state the public place where a copy of the
1235	evaluation and tentative advisory committee recommendations can
1236	be obtained by interested persons. The final report, evaluation,
1237	and recommendations shall be submitted to the corporation.
1238	(6)  Within 90 days after the date of receipt of the
1239	evaluation and local housing incentive strategies
1240	recommendations from the advisory committee, the governing body
1241	of the appointing local government shall adopt an amendment to
1242	its local housing assistance plan to incorporate the local
1243	housing incentive strategies it will implement within its
1244	jurisdiction. The amendment must include, at a minimum, the
1245	local housing incentive strategies required under s.
1246	420.9071(16). The local government must consider the strategies
1247	specified in paragraphs (4)(a)-(k) as recommended by the
1248	advisory committee.
1249	(7)  The governing board of the county or the eligible
1250	municipality shall notify the corporation by certified mail of
1251	its adoption of an amendment of its local housing assistance
1252	plan to incorporate local housing incentive strategies. The
1253	notice must include a copy of the approved amended plan.
1254	(a)  If the corporation fails to receive timely the
1255	approved amended local housing assistance plan to incorporate
1256	local housing incentive strategies, a notice of termination of
1257	its share of the local housing distribution shall be sent by
1258	certified mail by the corporation to the affected county or
1259	eligible municipality. The notice of termination must specify a
1260	date of termination of the funding if the affected county or
1261	eligible municipality has not adopted an amended local housing
1262	assistance plan to incorporate local housing incentive
1263	strategies. If the county or the eligible municipality has not
1264	adopted an amended local housing assistance plan to incorporate
1265	local housing incentive strategies by the termination date
1266	specified in the notice of termination, the local distribution
1267	share terminates; and any uncommitted local distribution funds
1268	held by the affected county or eligible municipality in its
1269	local housing assistance trust fund shall be transferred to the
1270	Local Government Housing Trust Fund to the credit of the
1271	corporation to administer the local government housing program
1272	pursuant to s. 420.9078.
1273	Section 20.  Section 420.9078, Florida Statutes, is
1274	repealed.
1275	Section 21.  Section 420.9079, Florida Statutes, as amended
1276	by chapter 2009-2, Laws of Florida, is amended to read:
1277	420.9079  Local Government Housing Trust Fund.--
1278	(1)  There is created in the State Treasury the Local
1279	Government Housing Trust Fund, which shall be administered by
1280	the corporation on behalf of the department according to the
1281	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1282	section. There shall be deposited into the fund a portion of the
1283	documentary stamp tax revenues as provided in s. 201.15, moneys
1284	received from any other source for the purposes of ss. 420.907-
1285	420.9076 420.907-420.9078 and this section, and all proceeds
1286	derived from the investment of such moneys. Moneys in the fund
1287	that are not currently needed for the purposes of the programs
1288	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1289	and this section shall be deposited to the credit of the fund
1290	and may be invested as provided by law. The interest received on
1291	any such investment shall be credited to the fund.
1292	(2)  The corporation shall administer the fund exclusively
1293	for the purpose of implementing the programs described in ss.
1294	420.907-420.9076 420.907-420.9078 and this section. With the
1295	exception of monitoring the activities of counties and eligible
1296	municipalities to determine local compliance with program
1297	requirements, the corporation shall not receive appropriations
1298	from the fund for administrative or personnel costs. For the
1299	purpose of implementing the compliance monitoring provisions of
1300	s. 420.9075(9), the corporation may request a maximum of one-
1301	quarter of 1 percent of the annual appropriation per state
1302	fiscal year. When such funding is appropriated, the corporation
1303	shall deduct the amount appropriated prior to calculating the
1304	local housing distribution pursuant to ss. 420.9072 and
1305	420.9073.
1306	(3)  Notwithstanding any provision of this section to the
1307	contrary and for the 2008-2009 fiscal year only, the corporation
1308	shall return unexpended funds held by the corporation pursuant
1309	to this section and part V of this chapter to the State Treasury
1310	as directed by law. This subsection expires June 30, 2009.
1311	Section 22.  Subsection (12) of section 1001.43, Florida
1312	Statutes, is amended to read:
1313	1001.43  Supplemental powers and duties of district school
1314	board.--The district school board may exercise the following
1315	supplemental powers and duties as authorized by this code or
1316	State Board of Education rule.
1317	(12)  AFFORDABLE HOUSING.--A district school board may use
1318	portions of school sites purchased within the guidelines of the
1319	State Requirements for Educational Facilities, land deemed not
1320	usable for educational purposes because of location or other
1321	factors, or land declared as surplus by the board to provide
1322	sites for affordable housing for teachers and other district
1323	personnel and, in areas of critical state concern, for other
1324	essential services personnel as defined by local affordable
1325	housing eligibility requirements, independently or in
1326	conjunction with other agencies as described in subsection (5).
1327	Section 23.  Except as otherwise expressly provided in this
1328	act, this act shall take effect July 1, 2009.

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