Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/SB 360, 1st Eng.
Barcode 478902
LEGISLATIVE ACTION
Senate . House
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Floor: 7/AD/RM .
05/01/2009 06:28 PM .
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Senator Bennett moved the following:
1 Senate Amendment to House Amendment (839199) (with title
2 amendment)
3
4 Between lines 1201 and 1202
5 insert:
6 Section 16. Subsection (4) of section 159.807, Florida
7 Statutes, is amended to read:
8 159.807 State allocation pool.—
9 (4)(a) The state allocation pool shall also be used to
10 provide written confirmations for private activity bonds that
11 are to be issued by state agencies, which bonds, notwithstanding
12 any other provisions of this part, shall receive priority in the
13 use of the pool available at the time the notice of intent to
14 issue such bonds is filed with the division.
15 (b) Notwithstanding the provisions of paragraph (a), on or
16 before November 15 of each year, the Florida Housing Finance
17 Corporation’s access to the state allocation pool is limited to
18 the amount of the corporation’s initial allocation under s.
19 159.804. Thereafter, the corporation may not receive more than
20 80 percent of the amount in the state allocation pool on
21 November 16 of each year, and may not receive more than 80
22 percent of any additional amounts that become available during
23 each year. The limitations of this paragraph do not apply to the
24 distribution of the unused allocation of the state volume
25 limitation to the Florida Housing Finance Corporation under s.
26 159.81(2)(b), (c), and (d). This subsection does not apply to
27 the Florida Housing Finance Corporation:
28 1. Until its allocation pursuant to s. 159.804(3) has been
29 exhausted, is unavailable, or is inadequate to provide an
30 allocation pursuant to s. 159.804(3) and any carryforwards of
31 volume limitation from prior years for the same carryforward
32 purpose, as that term is defined in s. 146 of the Code, as the
33 bonds it intends to issue have been completely utilized or have
34 expired.
35 2. Prior to July 1 of any year, when housing bonds for
36 which the Florida Housing Finance Corporation has made an
37 assignment of its allocation permitted by s. 159.804(3)(c) have
38 not been issued.
39 Section 17. Section 193.018, Florida Statutes, is created
40 to read:
41 193.018 Land owned by a community land trust used to
42 provide affordable housing; assessment; structural improvements,
43 condominium parcels, and cooperative parcels.—
44 (1) As used in this section, the term “community land
45 trust” means a nonprofit entity that is qualified as charitable
46 under s. 501(c)(3) of the Internal Revenue Code and has as one
47 of its purposes the acquisition of land to be held in perpetuity
48 for the primary purpose of providing affordable homeownership.
49 (2) A community land trust may convey structural
50 improvements, condominium parcels, or cooperative parcels, that
51 are located on specific parcels of land that are identified by a
52 legal description contained in and subject to a ground lease
53 having a term of at least 99 years, for the purpose of providing
54 affordable housing to natural persons or families who meet the
55 extremely-low-income, very-low-income, low-income, or moderate
56 income limits specified in s. 420.0004, or the income limits for
57 workforce housing, as defined in s. 420.5095(3). A community
58 land trust shall retain a preemptive option to purchase any
59 structural improvements, condominium parcels, or cooperative
60 parcels on the land at a price determined by a formula specified
61 in the ground lease which is designed to ensure that the
62 structural improvements, condominium parcels, or cooperative
63 parcels remain affordable.
64 (3) In arriving at just valuation under s. 193.011, a
65 structural improvement, condominium parcel, or cooperative
66 parcel providing affordable housing on land owned by a community
67 land trust, and the land owned by a community land trust that is
68 subject to a 99-year or longer ground lease, shall be assessed
69 using the following criteria:
70 (a) The amount a willing purchaser would pay a willing
71 seller for the land is limited to an amount commensurate with
72 the terms of the ground lease that restricts the use of the land
73 to the provision of affordable housing in perpetuity.
74 (b) The amount a willing purchaser would pay a willing
75 seller for resale-restricted improvements, condominium parcels,
76 or cooperative parcels is limited to the amount determined by
77 the formula in the ground lease.
78 (c) If the ground lease and all amendments and supplements
79 thereto, or a memorandum documenting how such lease and
80 amendments or supplements restrict the price at which the
81 improvements, condominium parcels, or cooperative parcels may be
82 sold, is recorded in the official public records of the county
83 in which the leased land is located, the recorded lease and any
84 amendments and supplements, or the recorded memorandum, shall be
85 deemed a land use regulation during the term of the lease as
86 amended or supplemented.
87 Section 18. Subsection (5) is added to section 196.196,
88 Florida Statutes, to read:
89 196.196 Determining whether property is entitled to
90 charitable, religious, scientific, or literary exemption.—
91 (5)(a) Property owned by an exempt organization qualified
92 as charitable under s. 501(c)(3) of the Internal Revenue Code is
93 used for a charitable purpose if the organization has taken
94 affirmative steps to prepare the property to provide affordable
95 housing to persons or families that meet the extremely-low
96 income, very-low-income, low-income, or moderate-income limits,
97 as specified in s. 420.0004. The term “affirmative steps” means
98 environmental or land use permitting activities, creation of
99 architectural plans or schematic drawings, land clearing or site
100 preparation, construction or renovation activities, or other
101 similar activities that demonstrate a commitment of the property
102 to providing affordable housing.
103 (b)1. If property owned by an organization granted an
104 exemption under this subsection is transferred for a purpose
105 other than directly providing affordable homeownership or rental
106 housing to persons or families who meet the extremely-low
107 income, very-low-income, low-income, or moderate-income limits,
108 as specified in s. 420.0004, or is not in actual use to provide
109 such affordable housing within 5 years after the date the
110 organization is granted the exemption, the property appraiser
111 making such determination shall serve upon the organization that
112 illegally or improperly received the exemption a notice of
113 intent to record in the public records of the county a notice of
114 tax lien against any property owned by that organization in the
115 county, and such property shall be identified in the notice of
116 tax lien. The organization owning such property is subject to
117 the taxes otherwise due and owing as a result of the failure to
118 use the property to provide affordable housing plus 15 percent
119 interest per annum and a penalty of 50 percent of the taxes
120 owed.
121 2. Such lien, when filed, attaches to any property
122 identified in the notice of tax lien owned by the organization
123 that illegally or improperly received the exemption. If such
124 organization no longer owns property in the county but owns
125 property in any other county in the state, the property
126 appraiser shall record in each such other county a notice of tax
127 lien identifying the property owned by such organization in such
128 county which shall become a lien against the identified
129 property. Before any such lien may be filed, the organization so
130 notified must be given 30 days to pay the taxes, penalties, and
131 interest.
132 3. If an exemption is improperly granted as a result of a
133 clerical mistake or an omission by the property appraiser, the
134 organization improperly receiving the exemption shall not be
135 assessed a penalty or interest.
136 4. The 5-year limitation specified in this subsection may
137 be extended if the holder of the exemption continues to take
138 affirmative steps to develop the property for the purposes
139 specified in this subsection.
140 Section 19. Section 196.1978, Florida Statutes, is amended
141 to read:
142 196.1978 Affordable housing property exemption.—Property
143 used to provide affordable housing serving eligible persons as
144 defined by s. 159.603(7) and natural persons or families meeting
145 the extremely-low-income, very-low-income, low-income, or
146 moderate-income persons meeting income limits specified in s.
147 420.0004 s. 420.0004(8), (10), (11), and (15), which property is
148 owned entirely by a nonprofit entity that is a corporation not
149 for profit, qualified as charitable under s. 501(c)(3) of the
150 Internal Revenue Code and in compliance with Rev. Proc. 96-32,
151 1996-1 C.B. 717, or a Florida-based limited partnership, the
152 sole general partner of which is a corporation not for profit
153 which is qualified as charitable under s. 501(c)(3) of the
154 Internal Revenue Code and which complies with Rev. Proc. 96-32,
155 1996-1 C.B. 717, shall be considered property owned by an exempt
156 entity and used for a charitable purpose, and those portions of
157 the affordable housing property which provide housing to natural
158 persons or families classified as extremely low income, very low
159 income, low income, or moderate income under s. 420.0004
160 individuals with incomes as defined in s. 420.0004(10) and (15)
161 shall be exempt from ad valorem taxation to the extent
162 authorized in s. 196.196. All property identified in this
163 section shall comply with the criteria for determination of
164 exempt status to be applied by property appraisers on an annual
165 basis as defined in s. 196.195. The Legislature intends that any
166 property owned by a limited liability company or limited
167 partnership which is disregarded as an entity for federal income
168 tax purposes pursuant to Treasury Regulation 301.7701
169 3(b)(1)(ii) shall be treated as owned by its sole member or sole
170 general partner.
171 Section 20. Paragraph (d) of subsection (2) of section
172 212.055, Florida Statutes, is amended to read:
173 212.055 Discretionary sales surtaxes; legislative intent;
174 authorization and use of proceeds.—It is the legislative intent
175 that any authorization for imposition of a discretionary sales
176 surtax shall be published in the Florida Statutes as a
177 subsection of this section, irrespective of the duration of the
178 levy. Each enactment shall specify the types of counties
179 authorized to levy; the rate or rates which may be imposed; the
180 maximum length of time the surtax may be imposed, if any; the
181 procedure which must be followed to secure voter approval, if
182 required; the purpose for which the proceeds may be expended;
183 and such other requirements as the Legislature may provide.
184 Taxable transactions and administrative procedures shall be as
185 provided in s. 212.054.
186 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
187 (d)1. The proceeds of the surtax authorized by this
188 subsection and any accrued interest accrued thereto shall be
189 expended by the school district, or within the county and
190 municipalities within the county, or, in the case of a
191 negotiated joint county agreement, within another county, to
192 finance, plan, and construct infrastructure; and to acquire land
193 for public recreation, or conservation, or protection of natural
194 resources; or and to finance the closure of county-owned or
195 municipally owned solid waste landfills that have been are
196 already closed or are required to be closed close by order of
197 the Department of Environmental Protection. Any use of the such
198 proceeds or interest for purposes of landfill closure before
199 prior to July 1, 1993, is ratified. Neither The proceeds and nor
200 any interest may not accrued thereto shall be used for the
201 operational expenses of any infrastructure, except that a any
202 county that has with a population of fewer less than 75,000 and
203 that is required to close a landfill by order of the Department
204 of Environmental Protection may use the proceeds or any interest
205 accrued thereto for long-term maintenance costs associated with
206 landfill closure. Counties, as defined in s. 125.011 s.
207 125.011(1), and charter counties may, in addition, use the
208 proceeds or and any interest accrued thereto to retire or
209 service indebtedness incurred for bonds issued before prior to
210 July 1, 1987, for infrastructure purposes, and for bonds
211 subsequently issued to refund such bonds. Any use of the such
212 proceeds or interest for purposes of retiring or servicing
213 indebtedness incurred for such refunding bonds before prior to
214 July 1, 1999, is ratified.
215 1.2. For the purposes of this paragraph, the term
216 “infrastructure” means:
217 a. Any fixed capital expenditure or fixed capital outlay
218 associated with the construction, reconstruction, or improvement
219 of public facilities that have a life expectancy of 5 or more
220 years and any related land acquisition, land improvement,
221 design, and engineering costs related thereto.
222 b. A fire department vehicle, an emergency medical service
223 vehicle, a sheriff’s office vehicle, a police department
224 vehicle, or any other vehicle, and the such equipment necessary
225 to outfit the vehicle for its official use or equipment that has
226 a life expectancy of at least 5 years.
227 c. Any expenditure for the construction, lease, or
228 maintenance of, or provision of utilities or security for,
229 facilities, as defined in s. 29.008.
230 d. Any fixed capital expenditure or fixed capital outlay
231 associated with the improvement of private facilities that have
232 a life expectancy of 5 or more years and that the owner agrees
233 to make available for use on a temporary basis as needed by a
234 local government as a public emergency shelter or a staging area
235 for emergency response equipment during an emergency officially
236 declared by the state or by the local government under s.
237 252.38. Such improvements under this sub-subparagraph are
238 limited to those necessary to comply with current standards for
239 public emergency evacuation shelters. The owner must shall enter
240 into a written contract with the local government providing the
241 improvement funding to make the such private facility available
242 to the public for purposes of emergency shelter at no cost to
243 the local government for a minimum period of 10 years after
244 completion of the improvement, with the provision that the such
245 obligation will transfer to any subsequent owner until the end
246 of the minimum period.
247 e. Any land-acquisition expenditure for a residential
248 housing project in which at least 30 percent of the units are
249 affordable to individuals or families whose total annual
250 household income does not exceed 120 percent of the area median
251 income adjusted for household size, if the land is owned by a
252 local government or by a special district that enters into a
253 written agreement with the local government to provide such
254 housing. The local government or special district may enter into
255 a ground lease with a public or private person or entity for
256 nominal or other consideration for the construction of the
257 residential housing project on land acquired pursuant to this
258 sub-subparagraph.
259 2.3. Notwithstanding any other provision of this
260 subsection, a local government infrastructure discretionary
261 sales surtax imposed or extended after July 1, 1998, the
262 effective date of this act may allocate up to provide for an
263 amount not to exceed 15 percent of the local option sales surtax
264 proceeds to be allocated for deposit in to a trust fund within
265 the county’s accounts created for the purpose of funding
266 economic development projects having of a general public purpose
267 of improving targeted to improve local economies, including the
268 funding of operational costs and incentives related to such
269 economic development. The ballot statement must indicate the
270 intention to make an allocation under the authority of this
271 subparagraph.
272 Section 21. Subsection (2) of section 163.3202, Florida
273 Statutes, is amended to read:
274 163.3202 Land development regulations.—
275 (2) Local land development regulations shall contain
276 specific and detailed provisions necessary or desirable to
277 implement the adopted comprehensive plan and shall as a minimum:
278 (a) Regulate the subdivision of land.;
279 (b) Regulate the use of land and water for those land use
280 categories included in the land use element and ensure the
281 compatibility of adjacent uses and provide for open space.;
282 (c) Provide for protection of potable water wellfields.;
283 (d) Regulate areas subject to seasonal and periodic
284 flooding and provide for drainage and stormwater management.;
285 (e) Ensure the protection of environmentally sensitive
286 lands designated in the comprehensive plan.;
287 (f) Regulate signage.;
288 (g) Provide that public facilities and services meet or
289 exceed the standards established in the capital improvements
290 element required by s. 163.3177 and are available when needed
291 for the development, or that development orders and permits are
292 conditioned on the availability of these public facilities and
293 services necessary to serve the proposed development. Not later
294 than 1 year after its due date established by the state land
295 planning agency’s rule for submission of local comprehensive
296 plans pursuant to s. 163.3167(2), a local government shall not
297 issue a development order or permit which results in a reduction
298 in the level of services for the affected public facilities
299 below the level of services provided in the comprehensive plan
300 of the local government.
301 (h) Ensure safe and convenient onsite traffic flow,
302 considering needed vehicle parking.
303 (i) Maintain the existing density of residential properties
304 or recreational vehicle parks if the properties are intended for
305 residential use and are located in the unincorporated areas that
306 have sufficient infrastructure, as determined by a local
307 governing authority, and are not located within a coastal high
308 hazard area under s. 163.3178.
309 Section 22. Present subsections (25) through (41) of
310 section 420.503, Florida Statutes, are redesignated as
311 subsections (26) through (42), respectively, and a new
312 subsection (25) is added to that section to read:
313 420.503 Definitions.—As used in this part, the term:
314 (25) “Moderate rehabilitation” means repair or restoration
315 of a dwelling unit when the value of such repair or restoration
316 is 40 percent or less of the value of the dwelling unit but not
317 less than $10,000.
318 Section 23. Subsection (47) is added to section 420.507,
319 Florida Statutes, to read:
320 420.507 Powers of the corporation.—The corporation shall
321 have all the powers necessary or convenient to carry out and
322 effectuate the purposes and provisions of this part, including
323 the following powers which are in addition to all other powers
324 granted by other provisions of this part:
325 (47) To provide by rule in connection with any corporation
326 competitive program, criteria establishing a preference for
327 developers and general contractors domiciled in this state and
328 for developers and general contractors, regardless of domicile,
329 who have substantial experience in developing or building
330 affordable housing through the corporation’s programs.
331 (a) In evaluating whether a developer or general contractor
332 is domiciled in this state, the corporation shall consider
333 whether the developer’s or general contractor’s principal office
334 is located in this state and whether a majority of the
335 developer’s or general contractor’s principals and financial
336 beneficiaries reside in Florida.
337 (b) In evaluating whether a developer or general contractor
338 has substantial experience, the corporation shall consider
339 whether the developer or general contractor has completed at
340 least five developments using funds either provided by or
341 administered by the corporation.
342 Section 24. Paragraphs (c) and (l) of subsection (6) of
343 section 420.5087, Florida Statutes, are amended to read:
344 420.5087 State Apartment Incentive Loan Program.—There is
345 hereby created the State Apartment Incentive Loan Program for
346 the purpose of providing first, second, or other subordinated
347 mortgage loans or loan guarantees to sponsors, including for
348 profit, nonprofit, and public entities, to provide housing
349 affordable to very-low-income persons.
350 (6) On all state apartment incentive loans, except loans
351 made to housing communities for the elderly to provide for
352 lifesafety, building preservation, health, sanitation, or
353 security-related repairs or improvements, the following
354 provisions shall apply:
355 (c) The corporation shall provide by rule for the
356 establishment of a review committee composed of the department
357 and corporation staff and shall establish by rule a scoring
358 system for evaluation and competitive ranking of applications
359 submitted in this program, including, but not limited to, the
360 following criteria:
361 1. Tenant income and demographic targeting objectives of
362 the corporation.
363 2. Targeting objectives of the corporation which will
364 ensure an equitable distribution of loans between rural and
365 urban areas.
366 3. Sponsor’s agreement to reserve the units for persons or
367 families who have incomes below 50 percent of the state or local
368 median income, whichever is higher, for a time period to exceed
369 the minimum required by federal law or the provisions of this
370 part.
371 4. Sponsor’s agreement to reserve more than:
372 a. Twenty percent of the units in the project for persons
373 or families who have incomes that do not exceed 50 percent of
374 the state or local median income, whichever is higher; or
375 b. Forty percent of the units in the project for persons or
376 families who have incomes that do not exceed 60 percent of the
377 state or local median income, whichever is higher, without
378 requiring a greater amount of the loans as provided in this
379 section.
380 5. Provision for tenant counseling.
381 6. Sponsor’s agreement to accept rental assistance
382 certificates or vouchers as payment for rent.
383 7. Projects requiring the least amount of a state apartment
384 incentive loan compared to overall project cost except that the
385 share of the loan attributable to units serving extremely-low
386 income persons shall be excluded from this requirement.
387 8. Local government contributions and local government
388 comprehensive planning and activities that promote affordable
389 housing.
390 9. Project feasibility.
391 10. Economic viability of the project.
392 11. Commitment of first mortgage financing.
393 12. Sponsor’s prior experience, including whether the
394 developer and general contractor have substantial experience, as
395 provided in s. 420.507(47).
396 13. Sponsor’s ability to proceed with construction.
397 14. Projects that directly implement or assist welfare-to
398 work transitioning.
399 15. Projects that reserve units for extremely-low-income
400 persons.
401 16. Projects that include green building principles, storm
402 resistant construction, or other elements that reduce long-term
403 costs relating to maintenance, utilities, or insurance.
404 17. Domicile of the developer and general contractor, as
405 provided in s. 420.507(47).
406 (l) The proceeds of all loans shall be used for new
407 construction, moderate rehabilitation, or substantial
408 rehabilitation which creates or preserves affordable, safe, and
409 sanitary housing units.
410 Section 25. Subsection (5) of section 420.622, Florida
411 Statutes, is amended to read:
412 420.622 State Office on Homelessness; Council on
413 Homelessness.—
414 (5) The State Office on Homelessness, with the concurrence
415 of the Council on Homelessness, may administer moneys
416 appropriated to it to provide homeless housing assistance grants
417 annually to lead agencies for local homeless assistance
418 continuum of care, as recognized by the State Office on
419 Homelessness, to acquire, construct, or rehabilitate
420 transitional or permanent housing units for homeless persons.
421 These moneys shall consist of any sums that the state may
422 appropriate, as well as money received from donations, gifts,
423 bequests, or otherwise from any public or private source, which
424 are money is intended to acquire, construct, or rehabilitate
425 transitional or permanent housing units for homeless persons.
426 (a) Grant applicants shall be ranked competitively.
427 Preference must be given to applicants who leverage additional
428 private funds and public funds, particularly federal funds
429 designated for the acquisition, construction, or and
430 rehabilitation of transitional or permanent housing for homeless
431 persons;, who acquire, build, or rehabilitate the greatest
432 number of units;, and who acquire, build, or rehabilitate in
433 catchment areas having the greatest need for housing for the
434 homeless relative to the population of the catchment area.
435 (b) Funding for any particular project may not exceed
436 $750,000.
437 (c) Projects must reserve, for a minimum of 10 years, the
438 number of units acquired, constructed, or rehabilitated through
439 homeless housing assistance grant funding to serve persons who
440 are homeless at the time they assume tenancy.
441 (d) No more than two grants may be awarded annually in any
442 given local homeless assistance continuum of care catchment
443 area.
444 (e) A project may not be funded which is not included in
445 the local homeless assistance continuum of care plan, as
446 recognized by the State Office on Homelessness, for the
447 catchment area in which the project is located.
448 (f) The maximum percentage of funds that the State Office
449 on Homelessness and each applicant may spend on administrative
450 costs is 5 percent.
451 Section 26. Section 420.628, Florida Statutes, is created
452 to read:
453 420.628 Affordable housing for children and young adults
454 leaving foster care; legislative findings and intent.—
455 (1)(a) The Legislature finds that there are many young
456 adults who, through no fault of their own, live in foster
457 families, group homes, and institutions, and face numerous
458 barriers to a successful transition to adulthood. Young adults
459 who are leaving the child welfare system may enter adulthood
460 lacking the knowledge, skills, attitudes, habits, and
461 relationships that will enable them to become productive members
462 of society.
463 (b) The Legislature further finds that the main barriers to
464 safe and affordable housing for such young adults are cost, lack
465 of availability, the unwillingness of landlords to rent to such
466 youth due to perceived regulatory barriers, and a lack of
467 knowledge about how to be a good tenant. These barriers cause
468 young adults to be at risk of becoming homeless.
469 (c) The Legislature also finds that young adults who leave
470 the child welfare system are disproportionately represented in
471 the homeless population. Without the stability of safe and
472 affordable housing, all other services, training, and
473 opportunities provided to such young adults may not be
474 effective. Making affordable housing available will decrease the
475 chance of homelessness and may increase the ability of such
476 young adults to live independently.
477 (d) The Legislature intends that the Florida Housing
478 Finance Corporation, agencies within the State Housing
479 Initiative Partnership Program, local housing finance agencies,
480 public housing authorities, and their agents, and other
481 providers of affordable housing coordinate with the Department
482 of Children and Family Services, their agents, and community
483 based care providers who provide services under s. 409.1671 to
484 develop and implement strategies and procedures designed to make
485 affordable housing available whenever and wherever possible to
486 young adults who leave the child welfare system.
487 (2) Young adults who leave the child welfare system meet
488 the definition of eligible persons under ss. 420.503(7) and
489 420.907(10) for affordable housing, and are encouraged to
490 participate in federal, state, and local affordable housing
491 programs. Students deemed to be eligible occupants under 26
492 U.S.C. 42(i)(3)(d) shall be considered eligible persons for
493 purposes of all projects funded under this chapter.
494 Section 27. Subsections (4), (8), (16), and (25) of section
495 420.9071, Florida Statutes, are amended, and subsections (29)
496 and (30) are added to that section, to read:
497 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
498 term:
499 (4) “Annual gross income” means annual income as defined
500 under the Section 8 housing assistance payments programs in 24
501 C.F.R. part 5; annual income as reported under the census long
502 form for the recent available decennial census; or adjusted
503 gross income as defined for purposes of reporting under Internal
504 Revenue Service Form 1040 for individual federal annual income
505 tax purposes or as defined by standard practices used in the
506 lending industry as detailed in the local housing assistance
507 plan and approved by the corporation. Counties and eligible
508 municipalities shall calculate income by annualizing verified
509 sources of income for the household as the amount of income to
510 be received in a household during the 12 months following the
511 effective date of the determination.
512 (8) “Eligible housing” means any real and personal property
513 located within the county or the eligible municipality which is
514 designed and intended for the primary purpose of providing
515 decent, safe, and sanitary residential units that are designed
516 to meet the standards of the Florida Building Code or previous
517 building codes adopted under chapter 553, or manufactured
518 housing constructed after June 1994 and installed in accordance
519 with the installation standards for mobile or manufactured homes
520 contained in rules of the Department of Highway Safety and Motor
521 Vehicles, for home ownership or rental for eligible persons as
522 designated by each county or eligible municipality participating
523 in the State Housing Initiatives Partnership Program.
524 (16) “Local housing incentive strategies” means local
525 regulatory reform or incentive programs to encourage or
526 facilitate affordable housing production, which include at a
527 minimum, assurance that permits as defined in s. 163.3164(7) and
528 (8) for affordable housing projects are expedited to a greater
529 degree than other projects; an ongoing process for review of
530 local policies, ordinances, regulations, and plan provisions
531 that increase the cost of housing prior to their adoption; and a
532 schedule for implementing the incentive strategies. Local
533 housing incentive strategies may also include other regulatory
534 reforms, such as those enumerated in s. 420.9076 or those
535 recommended by the affordable housing advisory committee in its
536 triennial evaluation of the implementation of affordable housing
537 incentives, and adopted by the local governing body.
538 (25) “Recaptured funds” means funds that are recouped by a
539 county or eligible municipality in accordance with the recapture
540 provisions of its local housing assistance plan pursuant to s.
541 420.9075(5)(h)(g) from eligible persons or eligible sponsors,
542 which funds were not used for assistance to an eligible
543 household for an eligible activity, when there is a who default
544 on the terms of a grant award or loan award.
545 (29) “Assisted housing” or “assisted housing development”
546 means a rental housing development, including rental housing in
547 a mixed-use development, that received or currently receives
548 funding from any federal or state housing program.
549 (30) “Preservation” means actions taken to keep rents in
550 existing assisted housing affordable for extremely-low-income,
551 very-low-income, low-income, and moderate-income households
552 while ensuring that the property stays in good physical and
553 financial condition for an extended period.
554 Section 28. Subsections (6) and (7) of section 420.9072,
555 Florida Statutes, are amended to read:
556 420.9072 State Housing Initiatives Partnership Program.—The
557 State Housing Initiatives Partnership Program is created for the
558 purpose of providing funds to counties and eligible
559 municipalities as an incentive for the creation of local housing
560 partnerships, to expand production of and preserve affordable
561 housing, to further the housing element of the local government
562 comprehensive plan specific to affordable housing, and to
563 increase housing-related employment.
564 (6) The moneys that otherwise would be distributed pursuant
565 to s. 420.9073 to a local government that does not meet the
566 program’s requirements for receipts of such distributions shall
567 remain in the Local Government Housing Trust Fund to be
568 administered by the corporation pursuant to s. 420.9078.
569 (7) A county or an eligible municipality must expend its
570 portion of the local housing distribution only to implement a
571 local housing assistance plan or as provided in this subsection.
572 (a) A county or an eligible municipality may not expend its
573 portion of the local housing distribution to provide rent
574 subsidies; however, this does not prohibit the use of funds for
575 security and utility deposit assistance.
576 (b) A county or an eligible municipality may expend a
577 portion of the local housing distribution to provide a one-time
578 relocation grant to persons who meet the income requirements of
579 the State Housing Initiatives Partnership Program and who are
580 subject to eviction from rental property located in the county
581 or eligible municipality due to the foreclosure of the rental
582 property. In order to receive a grant under this paragraph, a
583 person must provide the county or eligible municipality with
584 proof of meeting the income requirements of a very-low-income
585 household, a low-income household, or a moderate-income
586 household; a notice of eviction; and proof that the rent has
587 been paid for at least 3 months before the date of eviction,
588 including the month that the notice of eviction was served.
589 Relocation assistance under this paragraph is limited to a one
590 time grant of not more than $5,000 and is not limited to persons
591 who are subject to eviction from projects funded under the State
592 Housing Initiatives Partnership Program. This paragraph expires
593 July 1, 2010.
594 Section 29. Subsections (1) and (2) of section 420.9073,
595 Florida Statutes, are amended, and subsections (5), (6), and (7)
596 are added to that section, to read:
597 420.9073 Local housing distributions.—
598 (1) Distributions calculated in this section shall be
599 disbursed on a quarterly or more frequent monthly basis by the
600 corporation beginning the first day of the month after program
601 approval pursuant to s. 420.9072, subject to availability of
602 funds. Each county’s share of the funds to be distributed from
603 the portion of the funds in the Local Government Housing Trust
604 Fund received pursuant to s. 201.15(9) shall be calculated by
605 the corporation for each fiscal year as follows:
606 (a) Each county other than a county that has implemented
607 the provisions of chapter 83-220, Laws of Florida, as amended by
608 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
609 receive the guaranteed amount for each fiscal year.
610 (b) Each county other than a county that has implemented
611 the provisions of chapter 83-220, Laws of Florida, as amended by
612 chapters 84-270, 86-152, and 89-252, Laws of Florida, may
613 receive an additional share calculated as follows:
614 1. Multiply each county’s percentage of the total state
615 population excluding the population of any county that has
616 implemented the provisions of chapter 83-220, Laws of Florida,
617 as amended by chapters 84-270, 86-152, and 89-252, Laws of
618 Florida, by the total funds to be distributed.
619 2. If the result in subparagraph 1. is less than the
620 guaranteed amount as determined in subsection (3), that county’s
621 additional share shall be zero.
622 3. For each county in which the result in subparagraph 1.
623 is greater than the guaranteed amount as determined in
624 subsection (3), the amount calculated in subparagraph 1. shall
625 be reduced by the guaranteed amount. The result for each such
626 county shall be expressed as a percentage of the amounts so
627 determined for all counties. Each such county shall receive an
628 additional share equal to such percentage multiplied by the
629 total funds received by the Local Government Housing Trust Fund
630 pursuant to s. 201.15(9) reduced by the guaranteed amount paid
631 to all counties.
632 (2) Effective July 1, 1995, Distributions calculated in
633 this section shall be disbursed on a quarterly or more frequent
634 monthly basis by the corporation beginning the first day of the
635 month after program approval pursuant to s. 420.9072, subject to
636 availability of funds. Each county’s share of the funds to be
637 distributed from the portion of the funds in the Local
638 Government Housing Trust Fund received pursuant to s. 201.15(10)
639 shall be calculated by the corporation for each fiscal year as
640 follows:
641 (a) Each county shall receive the guaranteed amount for
642 each fiscal year.
643 (b) Each county may receive an additional share calculated
644 as follows:
645 1. Multiply each county’s percentage of the total state
646 population, by the total funds to be distributed.
647 2. If the result in subparagraph 1. is less than the
648 guaranteed amount as determined in subsection (3), that county’s
649 additional share shall be zero.
650 3. For each county in which the result in subparagraph 1.
651 is greater than the guaranteed amount, the amount calculated in
652 subparagraph 1. shall be reduced by the guaranteed amount. The
653 result for each such county shall be expressed as a percentage
654 of the amounts so determined for all counties. Each such county
655 shall receive an additional share equal to this percentage
656 multiplied by the total funds received by the Local Government
657 Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
658 guaranteed amount paid to all counties.
659 (5) Notwithstanding subsections (1)-(4), the corporation
660 may withhold up to $5 million of the total amount distributed
661 each fiscal year from the Local Government Housing Trust Fund to
662 provide additional funding to counties and eligible
663 municipalities where a state of emergency has been declared by
664 the Governor pursuant to chapter 252. Any portion of the
665 withheld funds not distributed by the end of the fiscal year
666 shall be distributed as provided in subsections (1) and (2).
667 (6) Notwithstanding subsections (1)-(4), the corporation
668 may withhold up to $5 million from the total amount distributed
669 each fiscal year from the Local Government Housing Trust Fund to
670 provide funding to counties and eligible municipalities to
671 purchase properties subject to a State Housing Initiative
672 Partnership Program lien and on which foreclosure proceedings
673 have been initiated by any mortgagee. Each county and eligible
674 municipality that receives funds under this subsection shall
675 repay such funds to the corporation not later than the
676 expenditure deadline for the fiscal year in which the funds were
677 awarded. Amounts not repaid shall be withheld from the
678 subsequent year’s distribution. Any portion of such funds not
679 distributed under this subsection by the end of the fiscal year
680 shall be distributed as provided in subsections (1) and (2).
681 (7) A county receiving local housing distributions under
682 this section or an eligible municipality that receives local
683 housing distributions under an interlocal agreement shall expend
684 those funds in accordance with the provisions of ss. 420.907
685 420.9079, rules of the corporation, and the county’s local
686 housing assistance plan.
687 Section 30. Subsections (1), (3), (5), and (8), paragraphs
688 (a) and (h) of subsection (10), and paragraph (b) of subsection
689 (13) of section 420.9075, Florida Statutes, are amended, and
690 subsection (14) is added to that section, to read:
691 420.9075 Local housing assistance plans; partnerships.—
692 (1)(a) Each county or eligible municipality participating
693 in the State Housing Initiatives Partnership Program shall
694 develop and implement a local housing assistance plan created to
695 make affordable residential units available to persons of very
696 low income, low income, or moderate income and to persons who
697 have special housing needs, including, but not limited to,
698 homeless people, the elderly, and migrant farmworkers, and
699 persons with disabilities. Counties or eligible municipalities
700 may include strategies to assist persons and households having
701 annual incomes of not more than 140 percent of area median
702 income. The plans are intended to increase the availability of
703 affordable residential units by combining local resources and
704 cost-saving measures into a local housing partnership and using
705 private and public funds to reduce the cost of housing.
706 (b) Local housing assistance plans may allocate funds to:
707 1. Implement local housing assistance strategies for the
708 provision of affordable housing.
709 2. Supplement funds available to the corporation to provide
710 enhanced funding of state housing programs within the county or
711 the eligible municipality.
712 3. Provide the local matching share of federal affordable
713 housing grants or programs.
714 4. Fund emergency repairs, including, but not limited to,
715 repairs performed by existing service providers under
716 weatherization assistance programs under ss. 409.509-409.5093.
717 5. Further the housing element of the local government
718 comprehensive plan adopted pursuant to s. 163.3184, specific to
719 affordable housing.
720 (3)(a) Each local housing assistance plan shall include a
721 definition of essential service personnel for the county or
722 eligible municipality, including, but not limited to, teachers
723 and educators, other school district, community college, and
724 university employees, police and fire personnel, health care
725 personnel, skilled building trades personnel, and other job
726 categories.
727 (b) Each county and each eligible municipality is
728 encouraged to develop a strategy within its local housing
729 assistance plan that emphasizes the recruitment and retention of
730 essential service personnel. The local government is encouraged
731 to involve public and private sector employers. Compliance with
732 the eligibility criteria established under this strategy shall
733 be verified by the county or eligible municipality.
734 (c) Each county and each eligible municipality is
735 encouraged to develop a strategy within its local housing
736 assistance plan that addresses the needs of persons who are
737 deprived of affordable housing due to the closure of a mobile
738 home park or the conversion of affordable rental units to
739 condominiums.
740 (d) Each county and each eligible municipality shall
741 describe initiatives in the local housing assistance plan to
742 encourage or require innovative design, green building
743 principles, storm-resistant construction, or other elements that
744 reduce long-term costs relating to maintenance, utilities, or
745 insurance.
746 (e) Each county and each eligible municipality is
747 encouraged to develop a strategy within its local housing
748 assistance plan which provides program funds for the
749 preservation of assisted housing.
750 (5) The following criteria apply to awards made to eligible
751 sponsors or eligible persons for the purpose of providing
752 eligible housing:
753 (a) At least 65 percent of the funds made available in each
754 county and eligible municipality from the local housing
755 distribution must be reserved for home ownership for eligible
756 persons.
757 (b) At least 75 percent of the funds made available in each
758 county and eligible municipality from the local housing
759 distribution must be reserved for construction, rehabilitation,
760 or emergency repair of affordable, eligible housing.
761 (c) Not more than 20 percent of the funds made available in
762 each county and eligible municipality from the local housing
763 distribution may be used for manufactured housing.
764 (d)(c) The sales price or value of new or existing eligible
765 housing may not exceed 90 percent of the average area purchase
766 price in the statistical area in which the eligible housing is
767 located. Such average area purchase price may be that calculated
768 for any 12-month period beginning not earlier than the fourth
769 calendar year prior to the year in which the award occurs or as
770 otherwise established by the United States Department of the
771 Treasury.
772 (e)(d)1. All units constructed, rehabilitated, or otherwise
773 assisted with the funds provided from the local housing
774 assistance trust fund must be occupied by very-low-income
775 persons, low-income persons, and moderate-income persons except
776 as otherwise provided in this section.
777 2. At least 30 percent of the funds deposited into the
778 local housing assistance trust fund must be reserved for awards
779 to very-low-income persons or eligible sponsors who will serve
780 very-low-income persons and at least an additional 30 percent of
781 the funds deposited into the local housing assistance trust fund
782 must be reserved for awards to low-income persons or eligible
783 sponsors who will serve low-income persons. This subparagraph
784 does not apply to a county or an eligible municipality that
785 includes, or has included within the previous 5 years, an area
786 of critical state concern designated or ratified by the
787 Legislature for which the Legislature has declared its intent to
788 provide affordable housing. The exemption created by this act
789 expires on July 1, 2013, and shall apply retroactively 2008.
790 (f)(e) Loans shall be provided for periods not exceeding 30
791 years, except for deferred payment loans or loans that extend
792 beyond 30 years which continue to serve eligible persons.
793 (g)(f) Loans or grants for eligible rental housing
794 constructed, rehabilitated, or otherwise assisted from the local
795 housing assistance trust fund must be subject to recapture
796 requirements as provided by the county or eligible municipality
797 in its local housing assistance plan unless reserved for
798 eligible persons for 15 years or the term of the assistance,
799 whichever period is longer. Eligible sponsors that offer rental
800 housing for sale before 15 years or that have remaining
801 mortgages funded under this program must give a first right of
802 refusal to eligible nonprofit organizations for purchase at the
803 current market value for continued occupancy by eligible
804 persons.
805 (h)(g) Loans or grants for eligible owner-occupied housing
806 constructed, rehabilitated, or otherwise assisted from proceeds
807 provided from the local housing assistance trust fund shall be
808 subject to recapture requirements as provided by the county or
809 eligible municipality in its local housing assistance plan.
810 (i)(h) The total amount of monthly mortgage payments or the
811 amount of monthly rent charged by the eligible sponsor or her or
812 his designee must be made affordable.
813 (j)(i) The maximum sales price or value per unit and the
814 maximum award per unit for eligible housing benefiting from
815 awards made pursuant to this section must be established in the
816 local housing assistance plan.
817 (k)(j) The benefit of assistance provided through the State
818 Housing Initiatives Partnership Program must accrue to eligible
819 persons occupying eligible housing. This provision shall not be
820 construed to prohibit use of the local housing distribution
821 funds for a mixed income rental development.
822 (l)(k) Funds from the local housing distribution not used
823 to meet the criteria established in paragraph (a) or paragraph
824 (b) or not used for the administration of a local housing
825 assistance plan must be used for housing production and finance
826 activities, including, but not limited to, financing
827 preconstruction activities or the purchase of existing units,
828 providing rental housing, and providing home ownership training
829 to prospective home buyers and owners of homes assisted through
830 the local housing assistance plan.
831 1. Notwithstanding the provisions of paragraphs (a) and
832 (b), program income as defined in s. 420.9071(24) may also be
833 used to fund activities described in this paragraph.
834 2. When preconstruction due-diligence activities conducted
835 as part of a preservation strategy show that preservation of the
836 units is not feasible and will not result in the production of
837 an eligible unit, such costs shall be deemed a program expense
838 rather than an administrative expense if such program expenses
839 do not exceed 3 percent of the annual local housing
840 distribution.
841 3. If both an award under the local housing assistance plan
842 and federal low-income housing tax credits are used to assist a
843 project and there is a conflict between the criteria prescribed
844 in this subsection and the requirements of s. 42 of the Internal
845 Revenue Code of 1986, as amended, the county or eligible
846 municipality may resolve the conflict by giving precedence to
847 the requirements of s. 42 of the Internal Revenue Code of 1986,
848 as amended, in lieu of following the criteria prescribed in this
849 subsection with the exception of paragraphs (a) and (e) (d) of
850 this subsection.
851 4. Each county and each eligible municipality may award
852 funds as a grant for construction, rehabilitation, or repair as
853 part of disaster recovery or emergency repairs or to remedy
854 accessibility or health and safety deficiencies. Any other
855 grants must be approved as part of the local housing assistance
856 plan.
857 (8) Pursuant to s. 420.531, the corporation shall provide
858 training and technical assistance to local governments regarding
859 the creation of partnerships, the design of local housing
860 assistance strategies, the implementation of local housing
861 incentive strategies, and the provision of support services.
862 (10) Each county or eligible municipality shall submit to
863 the corporation by September 15 of each year a report of its
864 affordable housing programs and accomplishments through June 30
865 immediately preceding submittal of the report. The report shall
866 be certified as accurate and complete by the local government’s
867 chief elected official or his or her designee. Transmittal of
868 the annual report by a county’s or eligible municipality’s chief
869 elected official, or his or her designee, certifies that the
870 local housing incentive strategies, or, if applicable, the local
871 housing incentive plan, have been implemented or are in the
872 process of being implemented pursuant to the adopted schedule
873 for implementation. The report must include, but is not limited
874 to:
875 (a) The number of households served by income category,
876 age, family size, and race, and data regarding any special needs
877 populations such as farmworkers, homeless persons, persons with
878 disabilities, and the elderly. Counties shall report this
879 information separately for households served in the
880 unincorporated area and each municipality within the county.
881 (h) Such other data or affordable housing accomplishments
882 considered significant by the reporting county or eligible
883 municipality or by the corporation.
884 (13)
885 (b) If, as a result of its review of the annual report, the
886 corporation determines that a county or eligible municipality
887 has failed to implement a local housing incentive strategy, or,
888 if applicable, a local housing incentive plan, it shall send a
889 notice of termination of the local government’s share of the
890 local housing distribution by certified mail to the affected
891 county or eligible municipality.
892 1. The notice must specify a date of termination of the
893 funding if the affected county or eligible municipality does not
894 implement the plan or strategy and provide for a local response.
895 A county or eligible municipality shall respond to the
896 corporation within 30 days after receipt of the notice of
897 termination.
898 2. The corporation shall consider the local response that
899 extenuating circumstances precluded implementation and grant an
900 extension to the timeframe for implementation. Such an extension
901 shall be made in the form of an extension agreement that
902 provides a timeframe for implementation. The chief elected
903 official of a county or eligible municipality or his or her
904 designee shall have the authority to enter into the agreement on
905 behalf of the local government.
906 3. If the county or the eligible municipality has not
907 implemented the incentive strategy or entered into an extension
908 agreement by the termination date specified in the notice, the
909 local housing distribution share terminates, and any uncommitted
910 local housing distribution funds held by the affected county or
911 eligible municipality in its local housing assistance trust fund
912 shall be transferred to the Local Government Housing Trust Fund
913 to the credit of the corporation to administer pursuant to s.
914 420.9078.
915 4.a. If the affected local government fails to meet the
916 timeframes specified in the agreement, the corporation shall
917 terminate funds. The corporation shall send a notice of
918 termination of the local government’s share of the local housing
919 distribution by certified mail to the affected local government.
920 The notice shall specify the termination date, and any
921 uncommitted funds held by the affected local government shall be
922 transferred to the Local Government Housing Trust Fund to the
923 credit of the corporation to administer pursuant to s. 420.9078.
924 b. If the corporation terminates funds to a county, but an
925 eligible municipality receiving a local housing distribution
926 pursuant to an interlocal agreement maintains compliance with
927 program requirements, the corporation shall thereafter
928 distribute directly to the participating eligible municipality
929 its share calculated in the manner provided in s. 420.9072.
930 c. Any county or eligible municipality whose local
931 distribution share has been terminated may subsequently elect to
932 receive directly its local distribution share by adopting the
933 ordinance, resolution, and local housing assistance plan in the
934 manner and according to the procedures provided in ss. 420.907
935 420.9079.
936 (14) If the corporation determines that a county or
937 eligible municipality has expended program funds for an
938 ineligible activity, the corporation shall require such funds to
939 be repaid to the local housing assistance trust fund. Such
940 repayment may not be made with funds from the State Housing
941 Initiatives Partnership Program.
942 Section 31. Paragraph (h) of subsection (2), subsections
943 (5) and (6), and paragraph (a) of subsection (7) of section
944 420.9076, Florida Statutes, are amended to read:
945 420.9076 Adoption of affordable housing incentive
946 strategies; committees.—
947 (2) The governing board of a county or municipality shall
948 appoint the members of the affordable housing advisory committee
949 by resolution. Pursuant to the terms of any interlocal
950 agreement, a county and municipality may create and jointly
951 appoint an advisory committee to prepare a joint plan. The
952 ordinance adopted pursuant to s. 420.9072 which creates the
953 advisory committee or the resolution appointing the advisory
954 committee members must provide for 11 committee members and
955 their terms. The committee must include:
956 (h) One citizen who actively serves on the local planning
957 agency pursuant to s. 163.3174. If the local planning agency is
958 comprised of the governing board of the county or municipality,
959 the governing board may appoint a designee who is knowledgeable
960 in the local planning process.
961
962 If a county or eligible municipality whether due to its small
963 size, the presence of a conflict of interest by prospective
964 appointees, or other reasonable factor, is unable to appoint a
965 citizen actively engaged in these activities in connection with
966 affordable housing, a citizen engaged in the activity without
967 regard to affordable housing may be appointed. Local governments
968 that receive the minimum allocation under the State Housing
969 Initiatives Partnership Program may elect to appoint an
970 affordable housing advisory committee with fewer than 11
971 representatives if they are unable to find representatives who
972 meet the criteria of paragraphs (a)-(k).
973 (5) The approval by the advisory committee of its local
974 housing incentive strategies recommendations and its review of
975 local government implementation of previously recommended
976 strategies must be made by affirmative vote of a majority of the
977 membership of the advisory committee taken at a public hearing.
978 Notice of the time, date, and place of the public hearing of the
979 advisory committee to adopt its evaluation and final local
980 housing incentive strategies recommendations must be published
981 in a newspaper of general paid circulation in the county. The
982 notice must contain a short and concise summary of the
983 evaluation and local housing incentives strategies
984 recommendations to be considered by the advisory committee. The
985 notice must state the public place where a copy of the
986 evaluation and tentative advisory committee recommendations can
987 be obtained by interested persons. The final report, evaluation,
988 and recommendations shall be submitted to the corporation.
989 (6) Within 90 days after the date of receipt of the
990 evaluation and local housing incentive strategies
991 recommendations from the advisory committee, the governing body
992 of the appointing local government shall adopt an amendment to
993 its local housing assistance plan to incorporate the local
994 housing incentive strategies it will implement within its
995 jurisdiction. The amendment must include, at a minimum, the
996 local housing incentive strategies required under s.
997 420.9071(16). The local government must consider the strategies
998 specified in paragraphs (4)(a)-(k) as recommended by the
999 advisory committee.
1000 (7) The governing board of the county or the eligible
1001 municipality shall notify the corporation by certified mail of
1002 its adoption of an amendment of its local housing assistance
1003 plan to incorporate local housing incentive strategies. The
1004 notice must include a copy of the approved amended plan.
1005 (a) If the corporation fails to receive timely the approved
1006 amended local housing assistance plan to incorporate local
1007 housing incentive strategies, a notice of termination of its
1008 share of the local housing distribution shall be sent by
1009 certified mail by the corporation to the affected county or
1010 eligible municipality. The notice of termination must specify a
1011 date of termination of the funding if the affected county or
1012 eligible municipality has not adopted an amended local housing
1013 assistance plan to incorporate local housing incentive
1014 strategies. If the county or the eligible municipality has not
1015 adopted an amended local housing assistance plan to incorporate
1016 local housing incentive strategies by the termination date
1017 specified in the notice of termination, the local distribution
1018 share terminates; and any uncommitted local distribution funds
1019 held by the affected county or eligible municipality in its
1020 local housing assistance trust fund shall be transferred to the
1021 Local Government Housing Trust Fund to the credit of the
1022 corporation to administer the local government housing program
1023 pursuant to s. 420.9078.
1024 Section 32. Section 420.9078, Florida Statutes, is
1025 repealed.
1026 Section 33. Section 420.9079, Florida Statutes, is amended
1027 to read:
1028 420.9079 Local Government Housing Trust Fund.—
1029 (1) There is created in the State Treasury the Local
1030 Government Housing Trust Fund, which shall be administered by
1031 the corporation on behalf of the department according to the
1032 provisions of ss. 420.907-420.9076 420.907-420.9078 and this
1033 section. There shall be deposited into the fund a portion of the
1034 documentary stamp tax revenues as provided in s. 201.15, moneys
1035 received from any other source for the purposes of ss. 420.907
1036 420.9076 420.907-420.9078 and this section, and all proceeds
1037 derived from the investment of such moneys. Moneys in the fund
1038 that are not currently needed for the purposes of the programs
1039 administered pursuant to ss. 420.907-420.9076 420.907-420.9078
1040 and this section shall be deposited to the credit of the fund
1041 and may be invested as provided by law. The interest received on
1042 any such investment shall be credited to the fund.
1043 (2) The corporation shall administer the fund exclusively
1044 for the purpose of implementing the programs described in ss.
1045 420.907-420.9076 420.907-420.9078 and this section. With the
1046 exception of monitoring the activities of counties and eligible
1047 municipalities to determine local compliance with program
1048 requirements, the corporation shall not receive appropriations
1049 from the fund for administrative or personnel costs. For the
1050 purpose of implementing the compliance monitoring provisions of
1051 s. 420.9075(9), the corporation may request a maximum of one
1052 quarter of 1 percent of the annual appropriation per state
1053 fiscal year. When such funding is appropriated, the corporation
1054 shall deduct the amount appropriated prior to calculating the
1055 local housing distribution pursuant to ss. 420.9072 and
1056 420.9073.
1057 Section 34. Subsection (12) of section 1001.43, Florida
1058 Statutes, is amended to read:
1059 1001.43 Supplemental powers and duties of district school
1060 board.—The district school board may exercise the following
1061 supplemental powers and duties as authorized by this code or
1062 State Board of Education rule.
1063 (12) AFFORDABLE HOUSING.—A district school board may use
1064 portions of school sites purchased within the guidelines of the
1065 State Requirements for Educational Facilities, land deemed not
1066 usable for educational purposes because of location or other
1067 factors, or land declared as surplus by the board to provide
1068 sites for affordable housing for teachers and other district
1069 personnel and, in areas of critical state concern, for other
1070 essential services personnel as defined by local affordable
1071 housing eligibility requirements, independently or in
1072 conjunction with other agencies as described in subsection (5).
1073
1074 ================= T I T L E A M E N D M E N T ================
1075 And the title is amended as follows:
1076 Delete lines 1298 - 1299
1077 and insert:
1078 use the extension; amending s. 159.807, F.S.; providing
1079 limitations on the Florida Housing Finance Corporation’s access
1080 to the state allocation pool; deleting a provision exempting the
1081 corporation from the applicability of certain uses of the state
1082 allocation pool; creating s. 193.018, F.S.; providing for the
1083 assessment of property receiving the low-income housing tax
1084 credit; defining the term “community land trust”; providing for
1085 the assessment of structural improvements, condominium parcels,
1086 and cooperative parcels on land owned by a community land trust
1087 and used to provide affordable housing; providing for the
1088 conveyance of structural improvements, condominium parcels, and
1089 cooperative parcels subject to certain conditions; specifying
1090 the criteria to be used in arriving at just valuation of a
1091 structural improvement, condominium parcel, or cooperative
1092 parcel; amending s. 196.196, F.S.; providing additional criteria
1093 for determining whether certain affordable housing property
1094 owned by certain exempt organizations is entitled to an
1095 exemption from ad valorem taxation; providing a definition;
1096 subjecting organizations owning certain property to ad valorem
1097 taxation under certain circumstances; providing for tax liens;
1098 providing for penalties and interest; providing an exception;
1099 providing notice requirements; amending s. 196.1978, F.S.;
1100 providing that property owned by certain nonprofit entities or
1101 Florida-based limited partnerships and used or held for the
1102 purpose of providing affordable housing to certain income
1103 qualified persons is exempt from ad valorem taxation; revising
1104 legislative intent; amending s. 212.055, F.S.; redefining the
1105 term “infrastructure” to allow the proceeds of a local
1106 government infrastructure surtax to be used to purchase land for
1107 certain purposes relating to construction of affordable housing;
1108 amending s. 163.3202, F.S.; requiring that local land
1109 development regulations maintain the existing density of
1110 residential properties or recreational vehicle parks under
1111 certain circumstances; amending s. 420.503, F.S.; defining the
1112 term “moderate rehabilitation” for purposes of the Florida
1113 Housing Finance Corporation Act; amending s. 420.507, F.S.;
1114 providing the corporation with the power to provide by rule the
1115 criteria for developer and contractor preference; providing
1116 criteria for the valuation of domicile and experience of
1117 developers and general contractors; amending s. 420.5087, F.S.;
1118 revising purposes for which state apartment incentive loans may
1119 be used; amending s. 420.622, F.S.; authorizing the agencies
1120 that provide a local homeless assistance continuum of care to
1121 use homeless housing assistance grants, provided by the State
1122 Office of Homelessness within the Department of Children and
1123 Family Services, to acquire transitional or permanent housing
1124 units for homeless persons; creating s. 420.628, F.S.; providing
1125 legislative findings and intent; requiring certain governmental
1126 entities to develop and implement strategies and procedures
1127 designed to increase affordable housing opportunities for young
1128 adults who are leaving the child welfare system; amending s.
1129 420.9071, F.S.; revising and providing definitions; amending s.
1130 420.9072, F.S.; conforming a cross-reference; authorizing
1131 counties and eligible municipalities to use funds from the State
1132 Housing Initiatives Partnership Program to provide relocation
1133 grants for persons who are evicted from rental properties that
1134 are in foreclosure; providing eligibility requirements for
1135 receiving a grant; providing that authorization for the
1136 relocation grants expires July 1, 2010; amending s. 420.9073,
1137 F.S.; revising the frequency with which local housing
1138 distributions are to be made by the corporation; authorizing the
1139 corporation to withhold funds from the total distribution
1140 annually for specified purposes; requiring counties and eligible
1141 municipalities that receive local housing distributions to
1142 expend those funds in a specified manner; amending s. 420.9075,
1143 F.S.; requiring that local housing assistance plans address the
1144 special housing needs of persons with disabilities; authorizing
1145 counties and certain municipalities to assist persons and
1146 households meeting specific income requirements; revising
1147 requirements to be included in the local housing assistance
1148 plan; requiring counties and certain municipalities to include
1149 certain initiatives and strategies in the local housing
1150 assistance plan; revising criteria that applies to awards made
1151 for the purpose of providing eligible housing; authorizing and
1152 limiting the percentage of funds from the local housing
1153 distribution which may be used for manufactured housing;
1154 extending the expiration date of an exemption from certain
1155 income requirements in specified areas; providing for
1156 retroactive application; authorizing the use of certain funds
1157 for preconstruction activities; providing that certain costs are
1158 a program expense; authorizing counties and certain
1159 municipalities to award grant funds under certain conditions;
1160 providing for the repayment of funds by the local housing
1161 assistance trust fund; amending s. 420.9076, F.S.; revising
1162 appointments to a local affordable housing advisory committee;
1163 revising notice requirements for public hearings of the advisory
1164 committee; requiring the committee’s final report, evaluation,
1165 and recommendations to be submitted to the corporation; deleting
1166 cross-references to conform to changes made by the act;
1167 repealing s. 420.9078, F.S., relating to state administration of
1168 funds remaining in the Local Government Housing Trust Fund;
1169 amending s. 420.9079, F.S.; conforming cross-references;
1170 amending s. 1001.43, F.S.; revising district school board powers
1171 and duties in relation to use of land for affordable housing in
1172 certain areas for certain personnel; providing a legislative
1173 declaration of important state interest; providing an effective
1174 date.