Florida Senate - 2010                              CS for SB 262
       
       
       
       By the Committee on Community Affairs; and Senators Bennett and
       Altman
       
       
       
       578-03130-10                                           2010262c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         159.608, F.S.; providing a housing finance authority
    4         with an additional purpose for which it may exercise
    5         its power to borrow; amending s. 163.3177, F.S.;
    6         revising provisions relating to the elements of local
    7         comprehensive plans to include an element for
    8         affordable housing for seniors; providing for the
    9         disposition of real property by a local government for
   10         the development of affordable housing; amending s.
   11         201.15, F.S.; revising the allocation of certain
   12         proceeds distributed from the excise tax on documents
   13         which are paid into the State Treasury to the credit
   14         of the State Housing Trust Fund; amending s. 420.0003,
   15         F.S.; providing additional policy guidelines under the
   16         state housing strategy for the development of programs
   17         for housing production or rehabilitation; including
   18         the needs of persons with special needs in the
   19         strategy’s periodic review and report; amending s.
   20         420.0004, F.S.; defining the terms “disabling
   21         condition” and “person with special needs”; conforming
   22         cross-references; amending s. 420.507, F.S.; requiring
   23         certain rates of interest to be made available to
   24         sponsors of projects for persons with special needs;
   25         providing additional powers of the corporation
   26         relating to receipt of federal funds; conforming a
   27         cross-reference; amending s. 420.5087, F.S.; limiting
   28         the reservation of funds within each notice of fund
   29         availability to the persons with special needs tenant
   30         group; including persons with special needs as a
   31         tenant group for specified purposes of the State
   32         Apartment Incentive Loan Program; requiring a
   33         specified review committee to include projects that
   34         reserve units for persons with special needs in its
   35         evaluation and competitive ranking of applications for
   36         such program; conforming a cross-reference; amending
   37         ss. 163.31771, 212.08, 215.5586, and 420.503, F.S.;
   38         conforming cross-references; providing legislative
   39         intent; prohibiting funds from the State Housing Trust
   40         Fund or the Local Government Housing Trust Fund which
   41         are appropriated for specified programs from being
   42         used for certain purposes; providing for future
   43         repeal; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (11) is added to section 159.608,
   48  Florida Statutes, to read:
   49         159.608 Powers of housing finance authorities.—A housing
   50  finance authority shall constitute a public body corporate and
   51  politic, exercising the public and essential governmental
   52  functions set forth in this act, and shall exercise its power to
   53  borrow only for the purpose as provided herein:
   54         (11) To invest and reinvest surplus funds of the housing
   55  finance authority in accordance with s. 218.415. However, in
   56  addition to the investments expressly authorized in ss.
   57  218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
   58  may invest surplus funds in interest-bearing time deposits or
   59  savings accounts that are fully insured by the Federal Deposit
   60  Insurance Corporation regardless of whether the bank or
   61  financial institution in which the deposit or investment is made
   62  is a qualified public depository as defined in s. 280.02. This
   63  subsection is supplementary to and may not be construed as
   64  limiting any powers of a housing finance authority or providing
   65  or implying a limiting construction of any other statutory
   66  provision.
   67         Section 2. Paragraph (f) of subsection (6) of section
   68  163.3177, Florida Statutes, is amended to read:
   69         163.3177 Required and optional elements of comprehensive
   70  plan; studies and surveys.—
   71         (6) In addition to the requirements of subsections (1)-(5)
   72  and (12), the comprehensive plan shall include the following
   73  elements:
   74         (f)1. A housing element consisting of standards, plans, and
   75  principles to be followed in:
   76         a. The provision of housing for all current and anticipated
   77  future residents of the jurisdiction.
   78         b. The elimination of substandard dwelling conditions.
   79         c. The structural and aesthetic improvement of existing
   80  housing.
   81         d. The provision of adequate sites for future housing,
   82  including affordable workforce housing as defined in s.
   83  380.0651(3)(j), housing for low-income, very low-income, and
   84  moderate-income families, mobile homes, affordable housing for
   85  seniors, and group home facilities and foster care facilities,
   86  with supporting infrastructure and public facilities. Real
   87  property that is conveyed to a local government for affordable
   88  housing under this sub-subparagraph shall be disposed of by the
   89  local government pursuant to s. 125.379 or s. 166.0451.
   90         e. Provision for relocation housing and identification of
   91  historically significant and other housing for purposes of
   92  conservation, rehabilitation, or replacement.
   93         f. The formulation of housing implementation programs.
   94         g. The creation or preservation of affordable housing to
   95  minimize the need for additional local services and avoid the
   96  concentration of affordable housing units only in specific areas
   97  of the jurisdiction.
   98         h. Energy efficiency in the design and construction of new
   99  housing.
  100         i. Use of renewable energy resources.
  101         j. Each county in which the gap between the buying power of
  102  a family of four and the median county home sale price exceeds
  103  $170,000, as determined by the Florida Housing Finance
  104  Corporation, and which is not designated as an area of critical
  105  state concern shall adopt a plan for ensuring affordable
  106  workforce housing. At a minimum, the plan shall identify
  107  adequate sites for such housing. For purposes of this sub
  108  subparagraph, the term “workforce housing” means housing that is
  109  affordable to natural persons or families whose total household
  110  income does not exceed 140 percent of the area median income,
  111  adjusted for household size.
  112         k. As a precondition to receiving any state affordable
  113  housing funding or allocation for any project or program within
  114  the jurisdiction of a county that is subject to sub-subparagraph
  115  j., a county must, by July 1 of each year, provide certification
  116  that the county has complied with the requirements of sub
  117  subparagraph j.
  118  
  119  The goals, objectives, and policies of the housing element must
  120  be based on the data and analysis prepared on housing needs,
  121  including the affordable housing needs assessment. State and
  122  federal housing plans prepared on behalf of the local government
  123  must be consistent with the goals, objectives, and policies of
  124  the housing element. Local governments are encouraged to use job
  125  training, job creation, and economic solutions to address a
  126  portion of their affordable housing concerns.
  127         2. To assist local governments in housing data collection
  128  and analysis and assure uniform and consistent information
  129  regarding the state’s housing needs, the state land planning
  130  agency shall conduct an affordable housing needs assessment for
  131  all local jurisdictions on a schedule that coordinates the
  132  implementation of the needs assessment with the evaluation and
  133  appraisal reports required by s. 163.3191. Each local government
  134  shall utilize the data and analysis from the needs assessment as
  135  one basis for the housing element of its local comprehensive
  136  plan. The agency shall allow a local government the option to
  137  perform its own needs assessment, if it uses the methodology
  138  established by the agency by rule.
  139         Section 3. Subsections (9), (10), and (13) of section
  140  201.15, Florida Statutes, as amended by chapters 2009-17, 2009
  141  21, and 2009-68, Laws of Florida, are amended to read:
  142         201.15 Distribution of taxes collected.—All taxes collected
  143  under this chapter are subject to the service charge imposed in
  144  s. 215.20(1). Prior to distribution under this section, the
  145  Department of Revenue shall deduct amounts necessary to pay the
  146  costs of the collection and enforcement of the tax levied by
  147  this chapter. Such costs and the service charge may not be
  148  levied against any portion of taxes pledged to debt service on
  149  bonds to the extent that the costs and service charge are
  150  required to pay any amounts relating to the bonds. After
  151  distributions are made pursuant to subsection (1), all of the
  152  costs of the collection and enforcement of the tax levied by
  153  this chapter and the service charge shall be available and
  154  transferred to the extent necessary to pay debt service and any
  155  other amounts payable with respect to bonds authorized before
  156  January 1, 2010, secured by revenues distributed pursuant to
  157  subsection (1). All taxes remaining after deduction of costs and
  158  the service charge shall be distributed as follows:
  159         (9) Seven and fifty-three hundredths The lesser of 7.53
  160  percent of the remaining taxes or $107 million in each fiscal
  161  year shall be paid into the State Treasury to the credit of the
  162  State Housing Trust Fund and used as follows:
  163         (a) Half of that amount shall be used for the purposes for
  164  which the State Housing Trust Fund was created and exists by
  165  law.
  166         (b) Half of that amount shall be paid into the State
  167  Treasury to the credit of the Local Government Housing Trust
  168  Fund and used for the purposes for which the Local Government
  169  Housing Trust Fund was created and exists by law.
  170         (10) Eight and sixty-six hundredths The lesser of 8.66
  171  percent of the remaining taxes or $136 million in each fiscal
  172  year shall be paid into the State Treasury to the credit of the
  173  State Housing Trust Fund and used as follows:
  174         (a) Twelve and one-half percent of that amount shall be
  175  deposited into the State Housing Trust Fund and be expended by
  176  the Department of Community Affairs and by the Florida Housing
  177  Finance Corporation for the purposes for which the State Housing
  178  Trust Fund was created and exists by law.
  179         (b) Eighty-seven and one-half percent of that amount shall
  180  be distributed to the Local Government Housing Trust Fund and
  181  used for the purposes for which the Local Government Housing
  182  Trust Fund was created and exists by law. Funds from this
  183  category may also be used to provide for state and local
  184  services to assist the homeless.
  185         (13) Beginning July 1, 2008, in each fiscal year that the
  186  remaining taxes collected under this chapter exceed collections
  187  in the prior fiscal year, the stated maximum dollar amounts
  188  provided in subsections (2), (4), (6), and (7), (9), and (10)
  189  shall each be increased by an amount equal to 10 percent of the
  190  increase in the remaining taxes collected under this chapter
  191  multiplied by the applicable percentage provided in those
  192  subsections.
  193         Section 4. Paragraph (e) of subsection (3) and paragraph
  194  (c) of subsection (4) of section 420.0003, Florida Statutes, are
  195  amended to read:
  196         420.0003 State housing strategy.—
  197         (3) POLICIES.—
  198         (e) Housing production or rehabilitation programs.—New
  199  programs for housing production or rehabilitation shall be
  200  developed in accordance with the following general guidelines as
  201  appropriate for the purpose of the specific program:
  202         1. State and local governments shall provide incentives to
  203  encourage the private sector to be the primary delivery vehicle
  204  for the development of affordable housing.
  205         2. State funds should be heavily leveraged to achieve the
  206  maximum local and private commitment of funds while achieving
  207  the program objectives.
  208         3. To the maximum extent possible, state funds should be
  209  expended to provide housing units rather than to support program
  210  administration.
  211         4. State money should be used, when possible, as loans
  212  rather than grants.
  213         5. State funds should be available only to local
  214  governments that provide incentives or financial assistance for
  215  housing.
  216         6. State funds should be made available only for projects
  217  which are consistent with the local government comprehensive
  218  plan.
  219         7. State funding for housing should not be made available
  220  to local governments whose comprehensive plans have been found
  221  not in compliance with chapter 163 and who have not entered into
  222  a stipulated settlement agreement with the Department of
  223  Community Affairs to bring the plan into compliance.
  224         8. Mixed income projects should be encouraged, to avoid a
  225  concentration of low-income residents in one area or project.
  226         9. Distribution of state housing funds should be flexible
  227  and consider the regional and local needs, resources, and
  228  capabilities of housing producers.
  229         10. Distribution of housing funds for multifamily rental
  230  housing should be administered to address the housing needs of
  231  persons most in need of housing.
  232         11.10. Income levels used to determine program eligibility
  233  should be adjusted for family size in determining the
  234  eligibility of specific beneficiaries.
  235         12.11. To the maximum extent possible, state-owned lands
  236  that are appropriate for the development of affordable housing
  237  shall be made available for that purpose.
  238         (4) IMPLEMENTATION.—The Department of Community Affairs and
  239  the Florida Housing Finance Corporation in carrying out the
  240  strategy articulated herein shall have the following duties:
  241         (c) The Shimberg Center for Affordable Housing, in
  242  consultation with the Department of Community Affairs and the
  243  Florida Housing Finance Corporation, shall review and evaluate
  244  existing housing rehabilitation, production, and finance
  245  programs to determine their consistency with relevant policies
  246  in this section and identify the needs of specific populations,
  247  including, but not limited to, elderly persons, and handicapped
  248  persons, and persons with special needs, and shall recommend
  249  statutory modifications where appropriate. The Shimberg Center
  250  for Affordable Housing, in consultation with the Department of
  251  Community Affairs and the corporation, shall also evaluate the
  252  degree of coordination between state housing programs, and
  253  between state, federal, and local housing activities, and shall
  254  recommend improved program linkages. The recommendations
  255  required above and a report of any programmatic modifications
  256  made as a result of these policies shall be included in the
  257  housing report required by s. 420.6075, beginning December 31,
  258  1991, and every 5 years thereafter.
  259         Section 5. Section 420.0004, Florida Statutes, is amended
  260  to read:
  261         420.0004 Definitions.—As used in this part, unless the
  262  context otherwise indicates:
  263         (1) “Adjusted for family size” means adjusted in a manner
  264  which results in an income eligibility level which is lower for
  265  households with fewer than four people, or higher for households
  266  with more than four people, than the base income eligibility
  267  determined as provided in subsection (9) (8), subsection (11)
  268  (10), subsection (12) (11), or subsection (17) (15), based upon
  269  a formula as established by the United States Department of
  270  Housing and Urban Development.
  271         (2) “Adjusted gross income” means all wages, assets,
  272  regular cash or noncash contributions or gifts from persons
  273  outside the household, and such other resources and benefits as
  274  may be determined to be income by the United States Department
  275  of Housing and Urban Development, adjusted for family size, less
  276  deductions allowable under s. 62 of the Internal Revenue Code.
  277         (3) “Affordable” means that monthly rents or monthly
  278  mortgage payments including taxes, insurance, and utilities do
  279  not exceed 30 percent of that amount which represents the
  280  percentage of the median adjusted gross annual income for the
  281  households as indicated in subsection (9) (8), subsection (11)
  282  (10), subsection (12) (11), or subsection (17) (15).
  283         (4) “Corporation” means the Florida Housing Finance
  284  Corporation.
  285         (5) “Community-based organization” or “nonprofit
  286  organization” means a private corporation organized under
  287  chapter 617 to assist in the provision of housing and related
  288  services on a not-for-profit basis and which is acceptable to
  289  federal and state agencies and financial institutions as a
  290  sponsor of low-income housing.
  291         (6) “Department” means the Department of Community Affairs.
  292         (7) “Disabling condition” means a diagnosable substance
  293  abuse disorder, serious mental illness, developmental
  294  disability, or chronic physical illness or disability, or the
  295  co-occurrence of two or more of these conditions, and a
  296  determination that the condition is:
  297         (a) Expected to be of long-continued and indefinite
  298  duration; and
  299         (b) Not expected to impair the ability of the person with
  300  special needs to live independently with appropriate supports.
  301         (8)(7) “Elderly” describes persons 62 years of age or
  302  older.
  303         (9)(8) “Extremely-low-income persons” means one or more
  304  natural persons or a family whose total annual household income
  305  does not exceed 30 percent of the median annual adjusted gross
  306  income for households within the state. The Florida Housing
  307  Finance Corporation may adjust this amount annually by rule to
  308  provide that in lower income counties, extremely low income may
  309  exceed 30 percent of area median income and that in higher
  310  income counties, extremely low income may be less than 30
  311  percent of area median income.
  312         (10)(9) “Local public body” means any county, municipality,
  313  or other political subdivision, or any housing authority as
  314  provided by chapter 421, which is eligible to sponsor or develop
  315  housing for farmworkers and very-low-income and low-income
  316  persons within its jurisdiction.
  317         (11)(10) “Low-income persons” means one or more natural
  318  persons or a family, the total annual adjusted gross household
  319  income of which does not exceed 80 percent of the median annual
  320  adjusted gross income for households within the state, or 80
  321  percent of the median annual adjusted gross income for
  322  households within the metropolitan statistical area (MSA) or, if
  323  not within an MSA, within the county in which the person or
  324  family resides, whichever is greater.
  325         (12)(11) “Moderate-income persons” means one or more
  326  natural persons or a family, the total annual adjusted gross
  327  household income of which is less than 120 percent of the median
  328  annual adjusted gross income for households within the state, or
  329  120 percent of the median annual adjusted gross income for
  330  households within the metropolitan statistical area (MSA) or, if
  331  not within an MSA, within the county in which the person or
  332  family resides, whichever is greater.
  333         (13) “Person with special needs” means an adult person
  334  requiring independent living services in order to maintain
  335  housing or develop independent living skills and who has a
  336  disabling condition; a young adult formerly in foster care who
  337  is eligible for services under s. 409.1451(5); a survivor of
  338  domestic violence as defined in s. 741.28; or a person receiving
  339  benefits under the Social Security Disability Insurance (SSDI)
  340  program or the Supplemental Security Income (SSI) program or
  341  from veterans’ disability benefits.
  342         (14)(12) “Student” means any person not living with his or
  343  her parent or guardian who is eligible to be claimed by his or
  344  her parent or guardian as a dependent under the federal income
  345  tax code and who is enrolled on at least a half-time basis in a
  346  secondary school, career center, community college, college, or
  347  university.
  348         (15)(13) “Substandard” means:
  349         (a) Any unit lacking complete plumbing or sanitary
  350  facilities for the exclusive use of the occupants;
  351         (b) A unit which is in violation of one or more major
  352  sections of an applicable housing code and where such violation
  353  poses a serious threat to the health of the occupant; or
  354         (c) A unit that has been declared unfit for human
  355  habitation but that could be rehabilitated for less than 50
  356  percent of the property value.
  357         (16)(14) “Substantial rehabilitation” means repair or
  358  restoration of a dwelling unit where the value of such repair or
  359  restoration exceeds 40 percent of the value of the dwelling.
  360         (17)(15) “Very-low-income persons” means one or more
  361  natural persons or a family, not including students, the total
  362  annual adjusted gross household income of which does not exceed
  363  50 percent of the median annual adjusted gross income for
  364  households within the state, or 50 percent of the median annual
  365  adjusted gross income for households within the metropolitan
  366  statistical area (MSA) or, if not within an MSA, within the
  367  county in which the person or family resides, whichever is
  368  greater.
  369         Section 6. Paragraph (a) of subsection (22) and subsections
  370  (33) and (46) of section 420.507, Florida Statutes, are amended
  371  to read:
  372         420.507 Powers of the corporation.—The corporation shall
  373  have all the powers necessary or convenient to carry out and
  374  effectuate the purposes and provisions of this part, including
  375  the following powers which are in addition to all other powers
  376  granted by other provisions of this part:
  377         (22) To develop and administer the State Apartment
  378  Incentive Loan Program. In developing and administering that
  379  program, the corporation may:
  380         (a) Make first, second, and other subordinated mortgage
  381  loans including variable or fixed rate loans subject to
  382  contingent interest for all State Apartment Incentive Loans
  383  provided in this chapter based upon available cash flow of the
  384  projects. The corporation shall make loans exceeding 25 percent
  385  of project cost only to nonprofit organizations and public
  386  bodies that are able to secure grants, donations of land, or
  387  contributions from other sources and to projects meeting the
  388  criteria of subparagraph 1. Mortgage loans shall be made
  389  available at the following rates of interest:
  390         1. Zero to 3 percent interest for sponsors of projects that
  391  set aside at least 80 percent of their total units for residents
  392  qualifying as farmworkers, commercial fishing workers, or the
  393  homeless as defined in s. 420.621, or persons with special needs
  394  as defined in s. 420.0004(13) over the life of the loan.
  395         2. Zero to 3 percent interest based on the pro rata share
  396  of units set aside for homeless residents or persons with
  397  special needs if the total of such units is less than 80 percent
  398  of the units in the borrower’s project.
  399         3. One to 9 percent interest for sponsors of projects
  400  targeted at populations other than farmworkers, commercial
  401  fishing workers, or the homeless, or persons with special needs.
  402         (33) To receive federal funding in connection with the
  403  corporation’s programs directly from the Federal Government and
  404  to receive federal funds for which no corresponding program has
  405  been created in statute and establish selection criteria for
  406  such funds by request for proposals or other competitive
  407  solicitation.
  408         (46) To require, as a condition of financing a multifamily
  409  rental project, that an agreement be recorded in the official
  410  records of the county where the real property is located, which
  411  requires that the project be used for housing defined as
  412  affordable in s. 420.0004(3) by persons defined in s.
  413  420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
  414  agreement is a state land use regulation that limits the highest
  415  and best use of the property within the meaning of s.
  416  193.011(2).
  417         Section 7. Subsection (3) and paragraph (c) of subsection
  418  (6) of section 420.5087, Florida Statutes, are amended to read:
  419         420.5087 State Apartment Incentive Loan Program.—There is
  420  hereby created the State Apartment Incentive Loan Program for
  421  the purpose of providing first, second, or other subordinated
  422  mortgage loans or loan guarantees to sponsors, including for
  423  profit, nonprofit, and public entities, to provide housing
  424  affordable to very-low-income persons.
  425         (3) During the first 6 months of loan or loan guarantee
  426  availability, program funds shall be reserved for use by
  427  sponsors who provide the housing set-aside required in
  428  subsection (2) for the tenant groups designated in this
  429  subsection. The reservation of funds to each of these groups
  430  shall be determined using the most recent statewide very-low
  431  income rental housing market study available at the time of
  432  publication of each notice of fund availability required by
  433  paragraph (6)(b). The reservation of funds within each notice of
  434  fund availability to the tenant groups in paragraphs (a), (b),
  435  and (e) (d) may not be less than 10 percent of the funds
  436  available at that time. Any increase in funding required to
  437  reach the 10-percent minimum must be taken from the tenant group
  438  that has the largest reservation. The reservation of funds
  439  within each notice of fund availability to the tenant group in
  440  paragraph (c) may not be less than 5 percent of the funds
  441  available at that time. The reservation of funds within each
  442  notice of fund availability to the tenant group in paragraph (d)
  443  may not be more than 10 percent of the funds available at that
  444  time. The tenant groups are:
  445         (a) Commercial fishing workers and farmworkers;
  446         (b) Families;
  447         (c) Persons who are homeless;
  448         (d) Persons with special needs; and
  449         (e)(d) Elderly persons. Ten percent of the amount reserved
  450  for the elderly shall be reserved to provide loans to sponsors
  451  of housing for the elderly for the purpose of making building
  452  preservation, health, or sanitation repairs or improvements
  453  which are required by federal, state, or local regulation or
  454  code, or lifesafety or security-related repairs or improvements
  455  to such housing. Such a loan may not exceed $750,000 per housing
  456  community for the elderly. In order to receive the loan, the
  457  sponsor of the housing community must make a commitment to match
  458  at least 5 percent of the loan amount to pay the cost of such
  459  repair or improvement. The corporation shall establish the rate
  460  of interest on the loan, which may not exceed 3 percent, and the
  461  term of the loan, which may not exceed 15 years; however, if the
  462  lien of the corporation’s encumbrance is subordinate to the lien
  463  of another mortgagee, then the term may be made coterminous with
  464  the longest term of the superior lien. The term of the loan
  465  shall be based on a credit analysis of the applicant. The
  466  corporation may forgive indebtedness for a share of the loan
  467  attributable to the units in a project reserved for extremely
  468  low-income elderly by nonprofit organizations, as defined in s.
  469  420.0004(5), where the project has provided affordable housing
  470  to the elderly for 15 years or more. The corporation shall
  471  establish, by rule, the procedure and criteria for receiving,
  472  evaluating, and competitively ranking all applications for loans
  473  under this paragraph. A loan application must include evidence
  474  of the first mortgagee’s having reviewed and approved the
  475  sponsor’s intent to apply for a loan. A nonprofit organization
  476  or sponsor may not use the proceeds of the loan to pay for
  477  administrative costs, routine maintenance, or new construction.
  478         (6) On all state apartment incentive loans, except loans
  479  made to housing communities for the elderly to provide for
  480  lifesafety, building preservation, health, sanitation, or
  481  security-related repairs or improvements, the following
  482  provisions shall apply:
  483         (c) The corporation shall provide by rule for the
  484  establishment of a review committee composed of the department
  485  and corporation staff and shall establish by rule a scoring
  486  system for evaluation and competitive ranking of applications
  487  submitted in this program, including, but not limited to, the
  488  following criteria:
  489         1. Tenant income and demographic targeting objectives of
  490  the corporation.
  491         2. Targeting objectives of the corporation which will
  492  ensure an equitable distribution of loans between rural and
  493  urban areas.
  494         3. Sponsor’s agreement to reserve the units for persons or
  495  families who have incomes below 50 percent of the state or local
  496  median income, whichever is higher, for a time period to exceed
  497  the minimum required by federal law or the provisions of this
  498  part.
  499         4. Sponsor’s agreement to reserve more than:
  500         a. Twenty percent of the units in the project for persons
  501  or families who have incomes that do not exceed 50 percent of
  502  the state or local median income, whichever is higher; or
  503         b. Forty percent of the units in the project for persons or
  504  families who have incomes that do not exceed 60 percent of the
  505  state or local median income, whichever is higher, without
  506  requiring a greater amount of the loans as provided in this
  507  section.
  508         5. Provision for tenant counseling.
  509         6. Sponsor’s agreement to accept rental assistance
  510  certificates or vouchers as payment for rent.
  511         7. Projects requiring the least amount of a state apartment
  512  incentive loan compared to overall project cost except that the
  513  share of the loan attributable to units serving extremely-low
  514  income persons shall be excluded from this requirement.
  515         8. Local government contributions and local government
  516  comprehensive planning and activities that promote affordable
  517  housing.
  518         9. Project feasibility.
  519         10. Economic viability of the project.
  520         11. Commitment of first mortgage financing.
  521         12. Sponsor’s prior experience, including whether the
  522  developer and general contractor have substantial experience, as
  523  provided in s. 420.507(47).
  524         13. Sponsor’s ability to proceed with construction.
  525         14. Projects that directly implement or assist welfare-to
  526  work transitioning.
  527         15. Projects that reserve units for extremely-low-income
  528  persons.
  529         16. Projects that include green building principles, storm
  530  resistant construction, or other elements that reduce long-term
  531  costs relating to maintenance, utilities, or insurance.
  532         17. Domicile of the developer and general contractor, as
  533  provided in s. 420.507(47).
  534         18. Projects that reserve units for persons with special
  535  needs, provided services for such persons are available to the
  536  project.
  537         Section 8. Paragraphs (d), (e), (f), and (g) of subsection
  538  (2) of section 163.31771, Florida Statutes, are amended to read:
  539         163.31771 Accessory dwelling units.—
  540         (2) As used in this section, the term:
  541         (d) “Low-income persons” has the same meaning as in s.
  542  420.0004(11)(10).
  543         (e) “Moderate-income persons” has the same meaning as in s.
  544  420.0004(12)(11).
  545         (f) “Very-low-income persons” has the same meaning as in s.
  546  420.0004(17)(15).
  547         (g) “Extremely-low-income persons” has the same meaning as
  548  in s. 420.0004(9)(8).
  549         Section 9. Paragraph (o) of subsection (5) of section
  550  212.08, Florida Statutes, is amended to read:
  551         212.08 Sales, rental, use, consumption, distribution, and
  552  storage tax; specified exemptions.—The sale at retail, the
  553  rental, the use, the consumption, the distribution, and the
  554  storage to be used or consumed in this state of the following
  555  are hereby specifically exempt from the tax imposed by this
  556  chapter.
  557         (5) EXEMPTIONS; ACCOUNT OF USE.—
  558         (o) Building materials in redevelopment projects.—
  559         1. As used in this paragraph, the term:
  560         a. “Building materials” means tangible personal property
  561  that becomes a component part of a housing project or a mixed
  562  use project.
  563         b. “Housing project” means the conversion of an existing
  564  manufacturing or industrial building to housing units in an
  565  urban high-crime area, enterprise zone, empowerment zone, Front
  566  Porch Community, designated brownfield area, or urban infill
  567  area and in which the developer agrees to set aside at least 20
  568  percent of the housing units in the project for low-income and
  569  moderate-income persons or the construction in a designated
  570  brownfield area of affordable housing for persons described in
  571  s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
  572  159.603(7).
  573         c. “Mixed-use project” means the conversion of an existing
  574  manufacturing or industrial building to mixed-use units that
  575  include artists’ studios, art and entertainment services, or
  576  other compatible uses. A mixed-use project must be located in an
  577  urban high-crime area, enterprise zone, empowerment zone, Front
  578  Porch Community, designated brownfield area, or urban infill
  579  area, and the developer must agree to set aside at least 20
  580  percent of the square footage of the project for low-income and
  581  moderate-income housing.
  582         d. “Substantially completed” has the same meaning as
  583  provided in s. 192.042(1).
  584         2. Building materials used in the construction of a housing
  585  project or mixed-use project are exempt from the tax imposed by
  586  this chapter upon an affirmative showing to the satisfaction of
  587  the department that the requirements of this paragraph have been
  588  met. This exemption inures to the owner through a refund of
  589  previously paid taxes. To receive this refund, the owner must
  590  file an application under oath with the department which
  591  includes:
  592         a. The name and address of the owner.
  593         b. The address and assessment roll parcel number of the
  594  project for which a refund is sought.
  595         c. A copy of the building permit issued for the project.
  596         d. A certification by the local building code inspector
  597  that the project is substantially completed.
  598         e. A sworn statement, under penalty of perjury, from the
  599  general contractor licensed in this state with whom the owner
  600  contracted to construct the project, which statement lists the
  601  building materials used in the construction of the project and
  602  the actual cost thereof, and the amount of sales tax paid on
  603  these materials. If a general contractor was not used, the owner
  604  shall provide this information in a sworn statement, under
  605  penalty of perjury. Copies of invoices evidencing payment of
  606  sales tax must be attached to the sworn statement.
  607         3. An application for a refund under this paragraph must be
  608  submitted to the department within 6 months after the date the
  609  project is deemed to be substantially completed by the local
  610  building code inspector. Within 30 working days after receipt of
  611  the application, the department shall determine if it meets the
  612  requirements of this paragraph. A refund approved pursuant to
  613  this paragraph shall be made within 30 days after formal
  614  approval of the application by the department.
  615         4. The department shall establish by rule an application
  616  form and criteria for establishing eligibility for exemption
  617  under this paragraph.
  618         5. The exemption shall apply to purchases of materials on
  619  or after July 1, 2000.
  620         Section 10. Paragraphs (a) and (g) of subsection (2) of
  621  section 215.5586, Florida Statutes, are amended to read:
  622         215.5586 My Safe Florida Home Program.—There is established
  623  within the Department of Financial Services the My Safe Florida
  624  Home Program. The department shall provide fiscal
  625  accountability, contract management, and strategic leadership
  626  for the program, consistent with this section. This section does
  627  not create an entitlement for property owners or obligate the
  628  state in any way to fund the inspection or retrofitting of
  629  residential property in this state. Implementation of this
  630  program is subject to annual legislative appropriations. It is
  631  the intent of the Legislature that the My Safe Florida Home
  632  Program provide trained and certified inspectors to perform
  633  inspections for owners of site-built, single-family, residential
  634  properties and grants to eligible applicants as funding allows.
  635  The program shall develop and implement a comprehensive and
  636  coordinated approach for hurricane damage mitigation that may
  637  include the following:
  638         (2) MITIGATION GRANTS.—Financial grants shall be used to
  639  encourage single-family, site-built, owner-occupied, residential
  640  property owners to retrofit their properties to make them less
  641  vulnerable to hurricane damage.
  642         (a) For a homeowner to be eligible for a grant, the
  643  following criteria must be met:
  644         1. The homeowner must have been granted a homestead
  645  exemption on the home under chapter 196.
  646         2. The home must be a dwelling with an insured value of
  647  $300,000 or less. Homeowners who are low-income persons, as
  648  defined in s. 420.0004(11)(10), are exempt from this
  649  requirement.
  650         3. The home must have undergone an acceptable hurricane
  651  mitigation inspection after May 1, 2007.
  652         4. The home must be located in the “wind-borne debris
  653  region” as that term is defined in s. 1609.2, International
  654  Building Code (2006), or as subsequently amended.
  655         5. The building permit application for initial construction
  656  of the home must have been made before March 1, 2002.
  657  
  658  An application for a grant must contain a signed or
  659  electronically verified statement made under penalty of perjury
  660  that the applicant has submitted only a single application and
  661  must have attached documents demonstrating the applicant meets
  662  the requirements of this paragraph.
  663         (g) Low-income homeowners, as defined in s.
  664  420.0004(11)(10), who otherwise meet the requirements of
  665  paragraphs (a), (c), (e), and (f) are eligible for a grant of up
  666  to $5,000 and are not required to provide a matching amount to
  667  receive the grant. Additionally, for low-income homeowners,
  668  grant funding may be used for repair to existing structures
  669  leading to any of the mitigation improvements provided in
  670  paragraph (e), limited to 20 percent of the grant value. The
  671  program may accept a certification directly from a low-income
  672  homeowner that the homeowner meets the requirements of s.
  673  420.0004(11)(10) if the homeowner provides such certification in
  674  a signed or electronically verified statement made under penalty
  675  of perjury.
  676         Section 11. Subsection (19) of section 420.503, Florida
  677  Statutes, is amended to read:
  678         420.503 Definitions.—As used in this part, the term:
  679         (19) “Housing for the elderly” means, for purposes of s.
  680  420.5087(3)(e)(d), any nonprofit housing community that is
  681  financed by a mortgage loan made or insured by the United States
  682  Department of Housing and Urban Development under s. 202, s. 202
  683  with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
  684  National Housing Act, as amended, and that is subject to income
  685  limitations established by the United States Department of
  686  Housing and Urban Development, or any program funded by the
  687  Rural Development Agency of the United States Department of
  688  Agriculture and subject to income limitations established by the
  689  United States Department of Agriculture. A project which
  690  qualifies for an exemption under the Fair Housing Act as housing
  691  for older persons as defined by s. 760.29(4) shall qualify as
  692  housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
  693  for purposes of any loans made pursuant to s. 420.508. In
  694  addition, if the corporation adopts a qualified allocation plan
  695  pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
  696  other rules that prioritize projects targeting the elderly for
  697  purposes of allocating tax credits pursuant to s. 420.5099 or
  698  for purposes of the HOME program under s. 420.5089, a project
  699  which qualifies for an exemption under the Fair Housing Act as
  700  housing for older persons as defined by s. 760.29(4) shall
  701  qualify as a project targeted for the elderly, if the project
  702  satisfies the other requirements set forth in this part.
  703         Section 12. (1) The Legislature finds that due to the
  704  current economic conditions in the housing market there is a
  705  critical need to rehabilitate or sell excess inventory of unsold
  706  homes, including foreclosed homes and newly constructed homes,
  707  as well as a critical need for the rehabilitation and
  708  preservation of older, affordable apartments. The Legislature
  709  further finds that there is a critical need to create housing
  710  related jobs and that these conditions require the targeting of
  711  state and local housing trust fund moneys to assist in the sale
  712  or rehabilitation of existing homes and the preservation and
  713  rehabilitation of older rental apartments.
  714         (2) Notwithstanding ss. 420.507(22)(a) and (23)(a),
  715  420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
  716  (5)(b), Florida Statutes, funds from the State Housing Trust
  717  Fund or the Local Government Housing Trust Fund which are
  718  appropriated for use in the State Apartment Incentive Loan
  719  Program, Florida Homeownership Assistance Program, Community
  720  Workforce Housing Innovation Pilot Program, or the State Housing
  721  Initiatives Partnership Program may not be used to:
  722         (a) Finance or otherwise assist the construction or
  723  purchase of housing sold to eligible individuals, unless the
  724  housing unit being sold had an initial certificate of occupancy
  725  prior to December 31, 2009; or
  726         (b) Finance or otherwise assist in the construction or
  727  purchase of rental housing, unless the development being
  728  financed or assisted received its initial certificate of
  729  occupancy prior to December 31, 1995.
  730  
  731  Nothing in this section restricts the use of such funds to
  732  assist with the purchase of newly constructed homes that were
  733  completed prior to December 31, 2009, or the acquisition and
  734  rehabilitation of apartments that received their initial
  735  certificate of occupancy prior to December 31, 1995. The use of
  736  such funds is subject to the restrictions of the program under
  737  which the funding is made available.
  738         (3) This section expires July 1, 2011.
  739         Section 13. This act shall take effect July 1, 2010.