Florida Senate - 2010                       CS for CS for SB 262
       
       
       
       By the Committees on Finance and Tax; and Community Affairs; and
       Senators Bennett and Altman
       
       
       
       593-04312A-10                                          2010262c2
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         20.055, F.S.; revising definitions relating to agency
    4         inspectors general to include the Florida Housing
    5         Finance Corporation; amending s. 159.608, F.S.;
    6         providing a housing finance authority with an
    7         additional purpose for which it may exercise its power
    8         to borrow; amending s. 163.3177, F.S.; revising
    9         provisions relating to the elements of local
   10         comprehensive plans to include an element for
   11         affordable housing for seniors; providing for the
   12         disposition of real property by a local government for
   13         the development of affordable housing; amending s.
   14         201.15, F.S.; revising the allocation of certain
   15         proceeds distributed from the excise tax on documents
   16         which are paid into the State Treasury to the credit
   17         of the State Housing Trust Fund; amending s. 420.0003,
   18         F.S.; providing additional policy guidelines under the
   19         state housing strategy for the development of programs
   20         for housing production or rehabilitation; including
   21         the needs of persons with special needs in the
   22         strategy’s periodic review and report; amending s.
   23         420.0004, F.S.; defining the terms “disabling
   24         condition” and “person with special needs”; conforming
   25         cross-references; amending s. 420.0006, F.S.; deleting
   26         provisions that require the inspector general of the
   27         Department of Community Affairs to perform functions
   28         for the corporation to conform to changes made by the
   29         act; amending s. 420.506, F.S.; providing for the
   30         appointment and removal of an inspector general for
   31         the Florida Housing Finance Corporation; amending s.
   32         420.507, F.S.; requiring certain rates of interest to
   33         be made available to sponsors of projects for persons
   34         with special needs; providing additional powers of the
   35         corporation relating to receipt of federal funds;
   36         conforming a cross-reference; revising the
   37         corporation’s powers relating to criteria for
   38         establishing a preference for developers and general
   39         contractors who are domiciled in the state or have
   40         substantial experience in developing affordable
   41         housing; requiring that the corporation adopt rules
   42         applying the criteria to any competitive program;
   43         amending s. 420.5087, F.S.; limiting the reservation
   44         of funds within each notice of fund availability to
   45         the persons with special needs tenant group; including
   46         persons with special needs as a tenant group for
   47         specified purposes of the State Apartment Incentive
   48         Loan Program; requiring a specified review committee
   49         to include projects that reserve units for persons
   50         with special needs in its evaluation and competitive
   51         ranking of applications for such program; conforming a
   52         cross-reference; amending ss. 163.31771, 212.08,
   53         215.5586, and 420.503, F.S.; conforming cross
   54         references; providing legislative intent; prohibiting
   55         funds from the State Housing Trust Fund or the Local
   56         Government Housing Trust Fund which are appropriated
   57         for specified programs from being used for certain
   58         purposes; providing for future repeal; providing an
   59         effective date.
   60  
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Paragraphs (a) and (b) of subsection (1) and
   64  subsection (7) of section 20.055, Florida Statutes, are amended
   65  to read:
   66         20.055 Agency inspectors general.—
   67         (1) For the purposes of this section:
   68         (a) “State agency” means each department created pursuant
   69  to this chapter, and also includes the Executive Office of the
   70  Governor, the Department of Military Affairs, the Fish and
   71  Wildlife Conservation Commission, the Office of Insurance
   72  Regulation of the Financial Services Commission, the Office of
   73  Financial Regulation of the Financial Services Commission, the
   74  Public Service Commission, the Board of Governors of the State
   75  University System, the Florida Housing Finance Corporation, and
   76  the state courts system.
   77         (b) “Agency head” means the Governor, a Cabinet officer, a
   78  secretary as defined in s. 20.03(5), or an executive director as
   79  defined in s. 20.03(6). It also includes the chair of the Public
   80  Service Commission, the Director of the Office of Insurance
   81  Regulation of the Financial Services Commission, the Director of
   82  the Office of Financial Regulation of the Financial Services
   83  Commission, the board of directors of the Florida Housing
   84  Finance Corporation, and the Chief Justice of the State Supreme
   85  Court.
   86         (7) Each inspector general shall, not later than September
   87  30 of each year, prepare an annual report summarizing the
   88  activities of the office during the immediately preceding agency
   89  state fiscal year. The final report shall be furnished to the
   90  agency head. Such report shall include, but need not be limited
   91  to:
   92         (a) A description of activities relating to the
   93  development, assessment, and validation of performance measures.
   94         (b) A description of significant abuses and deficiencies
   95  relating to the administration of programs and operations of the
   96  agency disclosed by investigations, audits, reviews, or other
   97  activities during the reporting period.
   98         (c) A description of the recommendations for corrective
   99  action made by the inspector general during the reporting period
  100  with respect to significant problems, abuses, or deficiencies
  101  identified.
  102         (d) The identification of each significant recommendation
  103  described in previous annual reports on which corrective action
  104  has not been completed.
  105         (e) A summary of each audit and investigation completed
  106  during the reporting period.
  107         Section 2. Subsection (11) is added to section 159.608,
  108  Florida Statutes, to read:
  109         159.608 Powers of housing finance authorities.—A housing
  110  finance authority shall constitute a public body corporate and
  111  politic, exercising the public and essential governmental
  112  functions set forth in this act, and shall exercise its power to
  113  borrow only for the purpose as provided herein:
  114         (11) To invest and reinvest surplus funds of the housing
  115  finance authority in accordance with s. 218.415. However, in
  116  addition to the investments expressly authorized in ss.
  117  218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
  118  may invest surplus funds in interest-bearing time deposits or
  119  savings accounts that are fully insured by the Federal Deposit
  120  Insurance Corporation regardless of whether the bank or
  121  financial institution in which the deposit or investment is made
  122  is a qualified public depository as defined in s. 280.02. This
  123  subsection is supplementary to and may not be construed as
  124  limiting any powers of a housing finance authority or providing
  125  or implying a limiting construction of any other statutory
  126  provision.
  127         Section 3. Paragraph (f) of subsection (6) of section
  128  163.3177, Florida Statutes, is amended to read:
  129         163.3177 Required and optional elements of comprehensive
  130  plan; studies and surveys.—
  131         (6) In addition to the requirements of subsections (1)-(5)
  132  and (12), the comprehensive plan shall include the following
  133  elements:
  134         (f)1. A housing element consisting of standards, plans, and
  135  principles to be followed in:
  136         a. The provision of housing for all current and anticipated
  137  future residents of the jurisdiction.
  138         b. The elimination of substandard dwelling conditions.
  139         c. The structural and aesthetic improvement of existing
  140  housing.
  141         d. The provision of adequate sites for future housing,
  142  including affordable workforce housing as defined in s.
  143  380.0651(3)(j), housing for low-income, very low-income, and
  144  moderate-income families, mobile homes, affordable housing for
  145  seniors, and group home facilities and foster care facilities,
  146  with supporting infrastructure and public facilities. Real
  147  property that is conveyed to a local government for affordable
  148  housing under this sub-subparagraph shall be disposed of by the
  149  local government pursuant to s. 125.379 or s. 166.0451.
  150         e. Provision for relocation housing and identification of
  151  historically significant and other housing for purposes of
  152  conservation, rehabilitation, or replacement.
  153         f. The formulation of housing implementation programs.
  154         g. The creation or preservation of affordable housing to
  155  minimize the need for additional local services and avoid the
  156  concentration of affordable housing units only in specific areas
  157  of the jurisdiction.
  158         h. Energy efficiency in the design and construction of new
  159  housing.
  160         i. Use of renewable energy resources.
  161         j. Each county in which the gap between the buying power of
  162  a family of four and the median county home sale price exceeds
  163  $170,000, as determined by the Florida Housing Finance
  164  Corporation, and which is not designated as an area of critical
  165  state concern shall adopt a plan for ensuring affordable
  166  workforce housing. At a minimum, the plan shall identify
  167  adequate sites for such housing. For purposes of this sub
  168  subparagraph, the term “workforce housing” means housing that is
  169  affordable to natural persons or families whose total household
  170  income does not exceed 140 percent of the area median income,
  171  adjusted for household size.
  172         k. As a precondition to receiving any state affordable
  173  housing funding or allocation for any project or program within
  174  the jurisdiction of a county that is subject to sub-subparagraph
  175  j., a county must, by July 1 of each year, provide certification
  176  that the county has complied with the requirements of sub
  177  subparagraph j.
  178  
  179  The goals, objectives, and policies of the housing element must
  180  be based on the data and analysis prepared on housing needs,
  181  including the affordable housing needs assessment. State and
  182  federal housing plans prepared on behalf of the local government
  183  must be consistent with the goals, objectives, and policies of
  184  the housing element. Local governments are encouraged to use job
  185  training, job creation, and economic solutions to address a
  186  portion of their affordable housing concerns.
  187         2. To assist local governments in housing data collection
  188  and analysis and assure uniform and consistent information
  189  regarding the state’s housing needs, the state land planning
  190  agency shall conduct an affordable housing needs assessment for
  191  all local jurisdictions on a schedule that coordinates the
  192  implementation of the needs assessment with the evaluation and
  193  appraisal reports required by s. 163.3191. Each local government
  194  shall utilize the data and analysis from the needs assessment as
  195  one basis for the housing element of its local comprehensive
  196  plan. The agency shall allow a local government the option to
  197  perform its own needs assessment, if it uses the methodology
  198  established by the agency by rule.
  199         Section 4. Subsections (9), (10), and (13) of section
  200  201.15, Florida Statutes, as amended by chapters 2009-17, 2009
  201  21, and 2009-68, Laws of Florida, are amended to read:
  202         201.15 Distribution of taxes collected.—All taxes collected
  203  under this chapter are subject to the service charge imposed in
  204  s. 215.20(1). Prior to distribution under this section, the
  205  Department of Revenue shall deduct amounts necessary to pay the
  206  costs of the collection and enforcement of the tax levied by
  207  this chapter. Such costs and the service charge may not be
  208  levied against any portion of taxes pledged to debt service on
  209  bonds to the extent that the costs and service charge are
  210  required to pay any amounts relating to the bonds. After
  211  distributions are made pursuant to subsection (1), all of the
  212  costs of the collection and enforcement of the tax levied by
  213  this chapter and the service charge shall be available and
  214  transferred to the extent necessary to pay debt service and any
  215  other amounts payable with respect to bonds authorized before
  216  January 1, 2010, secured by revenues distributed pursuant to
  217  subsection (1). All taxes remaining after deduction of costs and
  218  the service charge shall be distributed as follows:
  219         (9) Seven and fifty-three hundredths The lesser of 7.53
  220  percent of the remaining taxes or $107 million in each fiscal
  221  year shall be paid into the State Treasury to the credit of the
  222  State Housing Trust Fund and used as follows:
  223         (a) Half of that amount shall be used for the purposes for
  224  which the State Housing Trust Fund was created and exists by
  225  law.
  226         (b) Half of that amount shall be paid into the State
  227  Treasury to the credit of the Local Government Housing Trust
  228  Fund and used for the purposes for which the Local Government
  229  Housing Trust Fund was created and exists by law.
  230         (10) Eight and sixty-six hundredths The lesser of 8.66
  231  percent of the remaining taxes or $136 million in each fiscal
  232  year shall be paid into the State Treasury to the credit of the
  233  State Housing Trust Fund and used as follows:
  234         (a) Twelve and one-half percent of that amount shall be
  235  deposited into the State Housing Trust Fund and be expended by
  236  the Department of Community Affairs and by the Florida Housing
  237  Finance Corporation for the purposes for which the State Housing
  238  Trust Fund was created and exists by law.
  239         (b) Eighty-seven and one-half percent of that amount shall
  240  be distributed to the Local Government Housing Trust Fund and
  241  used for the purposes for which the Local Government Housing
  242  Trust Fund was created and exists by law. Funds from this
  243  category may also be used to provide for state and local
  244  services to assist the homeless.
  245         (13) Beginning July 1, 2008, in each fiscal year that the
  246  remaining taxes collected under this chapter exceed collections
  247  in the prior fiscal year, the stated maximum dollar amounts
  248  provided in subsections (2), (4), (6), and (7), (9), and (10)
  249  shall each be increased by an amount equal to 10 percent of the
  250  increase in the remaining taxes collected under this chapter
  251  multiplied by the applicable percentage provided in those
  252  subsections.
  253         Section 5. Paragraph (e) of subsection (3) and paragraph
  254  (c) of subsection (4) of section 420.0003, Florida Statutes, are
  255  amended to read:
  256         420.0003 State housing strategy.—
  257         (3) POLICIES.—
  258         (e) Housing production or rehabilitation programs.—New
  259  programs for housing production or rehabilitation shall be
  260  developed in accordance with the following general guidelines as
  261  appropriate for the purpose of the specific program:
  262         1. State and local governments shall provide incentives to
  263  encourage the private sector to be the primary delivery vehicle
  264  for the development of affordable housing.
  265         2. State funds should be heavily leveraged to achieve the
  266  maximum local and private commitment of funds while achieving
  267  the program objectives.
  268         3. To the maximum extent possible, state funds should be
  269  expended to provide housing units rather than to support program
  270  administration.
  271         4. State money should be used, when possible, as loans
  272  rather than grants.
  273         5. State funds should be available only to local
  274  governments that provide incentives or financial assistance for
  275  housing.
  276         6. State funds should be made available only for projects
  277  which are consistent with the local government comprehensive
  278  plan.
  279         7. State funding for housing should not be made available
  280  to local governments whose comprehensive plans have been found
  281  not in compliance with chapter 163 and who have not entered into
  282  a stipulated settlement agreement with the Department of
  283  Community Affairs to bring the plan into compliance.
  284         8. Mixed income projects should be encouraged, to avoid a
  285  concentration of low-income residents in one area or project.
  286         9. Distribution of state housing funds should be flexible
  287  and consider the regional and local needs, resources, and
  288  capabilities of housing producers.
  289         10. Distribution of housing funds for multifamily rental
  290  housing should be administered to address the housing needs of
  291  persons most in need of housing.
  292         11.10. Income levels used to determine program eligibility
  293  should be adjusted for family size in determining the
  294  eligibility of specific beneficiaries.
  295         12.11. To the maximum extent possible, state-owned lands
  296  that are appropriate for the development of affordable housing
  297  shall be made available for that purpose.
  298         (4) IMPLEMENTATION.—The Department of Community Affairs and
  299  the Florida Housing Finance Corporation in carrying out the
  300  strategy articulated herein shall have the following duties:
  301         (c) The Shimberg Center for Affordable Housing, in
  302  consultation with the Department of Community Affairs and the
  303  Florida Housing Finance Corporation, shall review and evaluate
  304  existing housing rehabilitation, production, and finance
  305  programs to determine their consistency with relevant policies
  306  in this section and identify the needs of specific populations,
  307  including, but not limited to, elderly persons, and handicapped
  308  persons, and persons with special needs, and shall recommend
  309  statutory modifications where appropriate. The Shimberg Center
  310  for Affordable Housing, in consultation with the Department of
  311  Community Affairs and the corporation, shall also evaluate the
  312  degree of coordination between state housing programs, and
  313  between state, federal, and local housing activities, and shall
  314  recommend improved program linkages. The recommendations
  315  required above and a report of any programmatic modifications
  316  made as a result of these policies shall be included in the
  317  housing report required by s. 420.6075, beginning December 31,
  318  1991, and every 5 years thereafter.
  319         Section 6. Section 420.0004, Florida Statutes, is amended
  320  to read:
  321         420.0004 Definitions.—As used in this part, unless the
  322  context otherwise indicates:
  323         (1) “Adjusted for family size” means adjusted in a manner
  324  which results in an income eligibility level which is lower for
  325  households with fewer than four people, or higher for households
  326  with more than four people, than the base income eligibility
  327  determined as provided in subsection (9) (8), subsection (11)
  328  (10), subsection (12) (11), or subsection (17) (15), based upon
  329  a formula as established by the United States Department of
  330  Housing and Urban Development.
  331         (2) “Adjusted gross income” means all wages, assets,
  332  regular cash or noncash contributions or gifts from persons
  333  outside the household, and such other resources and benefits as
  334  may be determined to be income by the United States Department
  335  of Housing and Urban Development, adjusted for family size, less
  336  deductions allowable under s. 62 of the Internal Revenue Code.
  337         (3) “Affordable” means that monthly rents or monthly
  338  mortgage payments including taxes, insurance, and utilities do
  339  not exceed 30 percent of that amount which represents the
  340  percentage of the median adjusted gross annual income for the
  341  households as indicated in subsection (9) (8), subsection (11)
  342  (10), subsection (12) (11), or subsection (17) (15).
  343         (4) “Corporation” means the Florida Housing Finance
  344  Corporation.
  345         (5) “Community-based organization” or “nonprofit
  346  organization” means a private corporation organized under
  347  chapter 617 to assist in the provision of housing and related
  348  services on a not-for-profit basis and which is acceptable to
  349  federal and state agencies and financial institutions as a
  350  sponsor of low-income housing.
  351         (6) “Department” means the Department of Community Affairs.
  352         (7) “Disabling condition” means a diagnosable substance
  353  abuse disorder, serious mental illness, developmental
  354  disability, or chronic physical illness or disability, or the
  355  co-occurrence of two or more of these conditions, and a
  356  determination that the condition is:
  357         (a) Expected to be of long-continued and indefinite
  358  duration; and
  359         (b) Not expected to impair the ability of the person with
  360  special needs to live independently with appropriate supports.
  361         (8)(7) “Elderly” describes persons 62 years of age or
  362  older.
  363         (9)(8) “Extremely-low-income persons” means one or more
  364  natural persons or a family whose total annual household income
  365  does not exceed 30 percent of the median annual adjusted gross
  366  income for households within the state. The Florida Housing
  367  Finance Corporation may adjust this amount annually by rule to
  368  provide that in lower income counties, extremely low income may
  369  exceed 30 percent of area median income and that in higher
  370  income counties, extremely low income may be less than 30
  371  percent of area median income.
  372         (10)(9) “Local public body” means any county, municipality,
  373  or other political subdivision, or any housing authority as
  374  provided by chapter 421, which is eligible to sponsor or develop
  375  housing for farmworkers and very-low-income and low-income
  376  persons within its jurisdiction.
  377         (11)(10) “Low-income persons” means one or more natural
  378  persons or a family, the total annual adjusted gross household
  379  income of which does not exceed 80 percent of the median annual
  380  adjusted gross income for households within the state, or 80
  381  percent of the median annual adjusted gross income for
  382  households within the metropolitan statistical area (MSA) or, if
  383  not within an MSA, within the county in which the person or
  384  family resides, whichever is greater.
  385         (12)(11) “Moderate-income persons” means one or more
  386  natural persons or a family, the total annual adjusted gross
  387  household income of which is less than 120 percent of the median
  388  annual adjusted gross income for households within the state, or
  389  120 percent of the median annual adjusted gross income for
  390  households within the metropolitan statistical area (MSA) or, if
  391  not within an MSA, within the county in which the person or
  392  family resides, whichever is greater.
  393         (13) “Person with special needs” means an adult person
  394  requiring independent living services in order to maintain
  395  housing or develop independent living skills and who has a
  396  disabling condition; a young adult formerly in foster care who
  397  is eligible for services under s. 409.1451(5); a survivor of
  398  domestic violence as defined in s. 741.28; or a person receiving
  399  benefits under the Social Security Disability Insurance (SSDI)
  400  program or the Supplemental Security Income (SSI) program or
  401  from veterans’ disability benefits.
  402         (14)(12) “Student” means any person not living with his or
  403  her parent or guardian who is eligible to be claimed by his or
  404  her parent or guardian as a dependent under the federal income
  405  tax code and who is enrolled on at least a half-time basis in a
  406  secondary school, career center, community college, college, or
  407  university.
  408         (15)(13) “Substandard” means:
  409         (a) Any unit lacking complete plumbing or sanitary
  410  facilities for the exclusive use of the occupants;
  411         (b) A unit which is in violation of one or more major
  412  sections of an applicable housing code and where such violation
  413  poses a serious threat to the health of the occupant; or
  414         (c) A unit that has been declared unfit for human
  415  habitation but that could be rehabilitated for less than 50
  416  percent of the property value.
  417         (16)(14) “Substantial rehabilitation” means repair or
  418  restoration of a dwelling unit where the value of such repair or
  419  restoration exceeds 40 percent of the value of the dwelling.
  420         (17)(15) “Very-low-income persons” means one or more
  421  natural persons or a family, not including students, the total
  422  annual adjusted gross household income of which does not exceed
  423  50 percent of the median annual adjusted gross income for
  424  households within the state, or 50 percent of the median annual
  425  adjusted gross income for households within the metropolitan
  426  statistical area (MSA) or, if not within an MSA, within the
  427  county in which the person or family resides, whichever is
  428  greater.
  429         Section 7. Section 420.0006, Florida Statutes, is amended
  430  to read:
  431         420.0006 Authority to contract with corporation; contract
  432  requirements; nonperformance.—The secretary of the department
  433  shall contract, notwithstanding the provisions of part I of
  434  chapter 287, with the Florida Housing Finance Corporation on a
  435  multiyear basis to stimulate, provide, and foster affordable
  436  housing in the state. The contract must incorporate the
  437  performance measures required by s. 420.511 and must be
  438  consistent with the provisions of the corporation’s strategic
  439  plan prepared in accordance with s. 420.511 and compatible with
  440  s. 216.0166. The contract must provide that, in the event the
  441  corporation fails to comply with any of the performance measures
  442  required by s. 420.511, the secretary shall notify the Governor
  443  and shall refer the nonperformance to the department’s inspector
  444  general for review and determination as to whether such failure
  445  is due to forces beyond the corporation’s control or whether
  446  such failure is due to inadequate management of the
  447  corporation’s resources. Advances shall continue to be made
  448  pursuant to s. 420.0005 during the pendency of the review by the
  449  department’s inspector general. If such failure is due to
  450  outside forces, it shall not be deemed a violation of the
  451  contract. If such failure is due to inadequate management, the
  452  department’s inspector general shall provide recommendations
  453  regarding solutions. The Governor is authorized to resolve any
  454  differences of opinion with respect to performance under the
  455  contract and may request that advances continue in the event of
  456  a failure under the contract due to inadequate management. The
  457  Chief Financial Officer shall approve the request absent a
  458  finding by the Chief Financial Officer that continuing such
  459  advances would adversely impact the state; however, in any event
  460  the Chief Financial Officer shall provide advances sufficient to
  461  meet the debt service requirements of the corporation and
  462  sufficient to fund contracts committing funds from the State
  463  Housing Trust Fund so long as such contracts are in accordance
  464  with the laws of this state. The department inspector general
  465  shall perform for the corporation the functions set forth in s.
  466  20.055 and report to the secretary of the department. The
  467  corporation shall be deemed an agency for the purposes of s.
  468  20.055.
  469         Section 8. Section 420.506, Florida Statutes, is amended to
  470  read:
  471         420.506 Executive director; agents and employees; inspector
  472  general.—
  473         (1) The appointment and removal of an executive director
  474  shall be by the Secretary of Community Affairs, with the advice
  475  and consent of the corporation’s board of directors. The
  476  executive director shall employ legal and technical experts and
  477  such other agents and employees, permanent and temporary, as the
  478  corporation may require, and shall communicate with and provide
  479  information to the Legislature with respect to the corporation’s
  480  activities. The board is authorized, notwithstanding the
  481  provisions of s. 216.262, to develop and implement rules
  482  regarding the employment of employees of the corporation and
  483  service providers, including legal counsel. The board of
  484  directors of the corporation is entitled to establish travel
  485  procedures and guidelines for employees of the corporation. The
  486  executive director’s office and the corporation’s files and
  487  records must be located in Leon County.
  488         (2) The appointment and removal of an inspector general
  489  shall be by the executive director, with the advice and consent
  490  of the corporation’s board of directors. The corporation’s
  491  inspector general shall perform for the corporation the
  492  functions set forth in s. 20.055. The inspector general shall
  493  administratively report to the executive director. The inspector
  494  general shall meet the minimum qualifications as set forth s.
  495  20.055(4). The corporation may establish additional
  496  qualifications deemed necessary by the board of directors to
  497  meet the unique needs of the corporation. The inspector general
  498  shall be responsible for coordinating the responsibilities set
  499  forth in s. 420.0006.
  500         Section 9. Paragraph (a) of subsection (22) and subsections
  501  (33), (46), and (47) of section 420.507, Florida Statutes, are
  502  amended to read:
  503         420.507 Powers of the corporation.—The corporation shall
  504  have all the powers necessary or convenient to carry out and
  505  effectuate the purposes and provisions of this part, including
  506  the following powers which are in addition to all other powers
  507  granted by other provisions of this part:
  508         (22) To develop and administer the State Apartment
  509  Incentive Loan Program. In developing and administering that
  510  program, the corporation may:
  511         (a) Make first, second, and other subordinated mortgage
  512  loans including variable or fixed rate loans subject to
  513  contingent interest for all State Apartment Incentive Loans
  514  provided in this chapter based upon available cash flow of the
  515  projects. The corporation shall make loans exceeding 25 percent
  516  of project cost only to nonprofit organizations and public
  517  bodies that are able to secure grants, donations of land, or
  518  contributions from other sources and to projects meeting the
  519  criteria of subparagraph 1. Mortgage loans shall be made
  520  available at the following rates of interest:
  521         1. Zero to 3 percent interest for sponsors of projects that
  522  set aside at least 80 percent of their total units for residents
  523  qualifying as farmworkers, commercial fishing workers, or the
  524  homeless as defined in s. 420.621, or persons with special needs
  525  as defined in s. 420.0004(13) over the life of the loan.
  526         2. Zero to 3 percent interest based on the pro rata share
  527  of units set aside for homeless residents or persons with
  528  special needs if the total of such units is less than 80 percent
  529  of the units in the borrower’s project.
  530         3. One to 9 percent interest for sponsors of projects
  531  targeted at populations other than farmworkers, commercial
  532  fishing workers, or the homeless, or persons with special needs.
  533         (33) To receive federal funding in connection with the
  534  corporation’s programs directly from the Federal Government and
  535  to receive federal funds for which no corresponding program has
  536  been created in statute and establish selection criteria for
  537  such funds by request for proposals or other competitive
  538  solicitation.
  539         (46) To require, as a condition of financing a multifamily
  540  rental project, that an agreement be recorded in the official
  541  records of the county where the real property is located, which
  542  requires that the project be used for housing defined as
  543  affordable in s. 420.0004(3) by persons defined in s.
  544  420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
  545  agreement is a state land use regulation that limits the highest
  546  and best use of the property within the meaning of s.
  547  193.011(2).
  548         (47) To provide by rule in connection with any corporation
  549  competitive program, criteria establishing a preference for
  550  developers and general contractors who are either domiciled in
  551  this state or who, and for developers and general contractors,
  552  regardless of domicile, who have substantial experience in
  553  developing or building affordable housing through the
  554  corporation’s programs, in the case of developers, or in
  555  building multifamily housing, in the case of general
  556  contractors.
  557         (a) In evaluating whether developers and general
  558  contractors are a developer or general contractor is domiciled
  559  in this state, the corporation shall consider whether the
  560  developer’s and or general contractor’s principal office is
  561  located in this state and whether a majority of the developer’s
  562  and or general contractor’s principals and financial
  563  beneficiaries having a 50 percent or more financial interest in
  564  a project reside in Florida.
  565         (b) In evaluating whether developers have a developer or
  566  general contractor has substantial experience, the corporation
  567  shall consider whether the developer or general contractor has
  568  completed at least five developments since 2003 using funds
  569  either provided by or administered by the corporation. For
  570  purposes of this subsection, the term “completed” means the date
  571  of the IRS Form 8609 for buildings containing a majority of the
  572  units in developments involving federal low-income housing tax
  573  credits. In evaluating whether a general contractor has
  574  substantial experience, the corporation shall consider whether
  575  the general contractor has received a final certificate of
  576  occupancy in connection with at least five multifamily housing
  577  developments since 2003.
  578         (c) The corporation shall adopt rules applying the criteria
  579  to its competitive programs before the opening of the next
  580  Universal Application Cycle following July 1, 2010. However, the
  581  rules do not apply to projects that have received an allocation
  582  of HOPE VI Program funding from the United States Department of
  583  Housing and Urban Development, if such projects were the subject
  584  of a contract between a local housing authority and a
  585  development partner prior to July 1, 2010, and such projects are
  586  subject to time limits for use of the HOPE VI Program funds.
  587         Section 10. Subsection (3) and paragraph (c) of subsection
  588  (6) of section 420.5087, Florida Statutes, are amended to read:
  589         420.5087 State Apartment Incentive Loan Program.—There is
  590  hereby created the State Apartment Incentive Loan Program for
  591  the purpose of providing first, second, or other subordinated
  592  mortgage loans or loan guarantees to sponsors, including for
  593  profit, nonprofit, and public entities, to provide housing
  594  affordable to very-low-income persons.
  595         (3) During the first 6 months of loan or loan guarantee
  596  availability, program funds shall be reserved for use by
  597  sponsors who provide the housing set-aside required in
  598  subsection (2) for the tenant groups designated in this
  599  subsection. The reservation of funds to each of these groups
  600  shall be determined using the most recent statewide very-low
  601  income rental housing market study available at the time of
  602  publication of each notice of fund availability required by
  603  paragraph (6)(b). The reservation of funds within each notice of
  604  fund availability to the tenant groups in paragraphs (a), (b),
  605  and (e) (d) may not be less than 10 percent of the funds
  606  available at that time. Any increase in funding required to
  607  reach the 10-percent minimum must be taken from the tenant group
  608  that has the largest reservation. The reservation of funds
  609  within each notice of fund availability to the tenant group in
  610  paragraph (c) may not be less than 5 percent of the funds
  611  available at that time. The reservation of funds within each
  612  notice of fund availability to the tenant group in paragraph (d)
  613  may not be more than 10 percent of the funds available at that
  614  time. The tenant groups are:
  615         (a) Commercial fishing workers and farmworkers;
  616         (b) Families;
  617         (c) Persons who are homeless;
  618         (d) Persons with special needs; and
  619         (e)(d) Elderly persons. Ten percent of the amount reserved
  620  for the elderly shall be reserved to provide loans to sponsors
  621  of housing for the elderly for the purpose of making building
  622  preservation, health, or sanitation repairs or improvements
  623  which are required by federal, state, or local regulation or
  624  code, or lifesafety or security-related repairs or improvements
  625  to such housing. Such a loan may not exceed $750,000 per housing
  626  community for the elderly. In order to receive the loan, the
  627  sponsor of the housing community must make a commitment to match
  628  at least 5 percent of the loan amount to pay the cost of such
  629  repair or improvement. The corporation shall establish the rate
  630  of interest on the loan, which may not exceed 3 percent, and the
  631  term of the loan, which may not exceed 15 years; however, if the
  632  lien of the corporation’s encumbrance is subordinate to the lien
  633  of another mortgagee, then the term may be made coterminous with
  634  the longest term of the superior lien. The term of the loan
  635  shall be based on a credit analysis of the applicant. The
  636  corporation may forgive indebtedness for a share of the loan
  637  attributable to the units in a project reserved for extremely
  638  low-income elderly by nonprofit organizations, as defined in s.
  639  420.0004(5), where the project has provided affordable housing
  640  to the elderly for 15 years or more. The corporation shall
  641  establish, by rule, the procedure and criteria for receiving,
  642  evaluating, and competitively ranking all applications for loans
  643  under this paragraph. A loan application must include evidence
  644  of the first mortgagee’s having reviewed and approved the
  645  sponsor’s intent to apply for a loan. A nonprofit organization
  646  or sponsor may not use the proceeds of the loan to pay for
  647  administrative costs, routine maintenance, or new construction.
  648         (6) On all state apartment incentive loans, except loans
  649  made to housing communities for the elderly to provide for
  650  lifesafety, building preservation, health, sanitation, or
  651  security-related repairs or improvements, the following
  652  provisions shall apply:
  653         (c) The corporation shall provide by rule for the
  654  establishment of a review committee composed of the department
  655  and corporation staff and shall establish by rule a scoring
  656  system for evaluation and competitive ranking of applications
  657  submitted in this program, including, but not limited to, the
  658  following criteria:
  659         1. Tenant income and demographic targeting objectives of
  660  the corporation.
  661         2. Targeting objectives of the corporation which will
  662  ensure an equitable distribution of loans between rural and
  663  urban areas.
  664         3. Sponsor’s agreement to reserve the units for persons or
  665  families who have incomes below 50 percent of the state or local
  666  median income, whichever is higher, for a time period to exceed
  667  the minimum required by federal law or the provisions of this
  668  part.
  669         4. Sponsor’s agreement to reserve more than:
  670         a. Twenty percent of the units in the project for persons
  671  or families who have incomes that do not exceed 50 percent of
  672  the state or local median income, whichever is higher; or
  673         b. Forty percent of the units in the project for persons or
  674  families who have incomes that do not exceed 60 percent of the
  675  state or local median income, whichever is higher, without
  676  requiring a greater amount of the loans as provided in this
  677  section.
  678         5. Provision for tenant counseling.
  679         6. Sponsor’s agreement to accept rental assistance
  680  certificates or vouchers as payment for rent.
  681         7. Projects requiring the least amount of a state apartment
  682  incentive loan compared to overall project cost except that the
  683  share of the loan attributable to units serving extremely-low
  684  income persons shall be excluded from this requirement.
  685         8. Local government contributions and local government
  686  comprehensive planning and activities that promote affordable
  687  housing.
  688         9. Project feasibility.
  689         10. Economic viability of the project.
  690         11. Commitment of first mortgage financing.
  691         12. Sponsor’s prior experience, including whether the
  692  developer and general contractor have substantial experience, as
  693  provided in s. 420.507(47).
  694         12.13. Sponsor’s ability to proceed with construction.
  695         13.14. Projects that directly implement or assist welfare
  696  to-work transitioning.
  697         14.15. Projects that reserve units for extremely-low-income
  698  persons.
  699         15.16. Projects that include green building principles,
  700  storm-resistant construction, or other elements that reduce
  701  long-term costs relating to maintenance, utilities, or
  702  insurance.
  703         16.17. Domicile or substantial experience of the developer
  704  and general contractor, as provided in s. 420.507(47).
  705         17. Projects that reserve units for persons with special
  706  needs, provided services for such persons are available to the
  707  project.
  708         Section 11. Paragraphs (d), (e), (f), and (g) of subsection
  709  (2) of section 163.31771, Florida Statutes, are amended to read:
  710         163.31771 Accessory dwelling units.—
  711         (2) As used in this section, the term:
  712         (d) “Low-income persons” has the same meaning as in s.
  713  420.0004(11)(10).
  714         (e) “Moderate-income persons” has the same meaning as in s.
  715  420.0004(12)(11).
  716         (f) “Very-low-income persons” has the same meaning as in s.
  717  420.0004(17)(15).
  718         (g) “Extremely-low-income persons” has the same meaning as
  719  in s. 420.0004(9)(8).
  720         Section 12. Paragraph (o) of subsection (5) of section
  721  212.08, Florida Statutes, is amended to read:
  722         212.08 Sales, rental, use, consumption, distribution, and
  723  storage tax; specified exemptions.—The sale at retail, the
  724  rental, the use, the consumption, the distribution, and the
  725  storage to be used or consumed in this state of the following
  726  are hereby specifically exempt from the tax imposed by this
  727  chapter.
  728         (5) EXEMPTIONS; ACCOUNT OF USE.—
  729         (o) Building materials in redevelopment projects.—
  730         1. As used in this paragraph, the term:
  731         a. “Building materials” means tangible personal property
  732  that becomes a component part of a housing project or a mixed
  733  use project.
  734         b. “Housing project” means the conversion of an existing
  735  manufacturing or industrial building to housing units in an
  736  urban high-crime area, enterprise zone, empowerment zone, Front
  737  Porch Community, designated brownfield area, or urban infill
  738  area and in which the developer agrees to set aside at least 20
  739  percent of the housing units in the project for low-income and
  740  moderate-income persons or the construction in a designated
  741  brownfield area of affordable housing for persons described in
  742  s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
  743  159.603(7).
  744         c. “Mixed-use project” means the conversion of an existing
  745  manufacturing or industrial building to mixed-use units that
  746  include artists’ studios, art and entertainment services, or
  747  other compatible uses. A mixed-use project must be located in an
  748  urban high-crime area, enterprise zone, empowerment zone, Front
  749  Porch Community, designated brownfield area, or urban infill
  750  area, and the developer must agree to set aside at least 20
  751  percent of the square footage of the project for low-income and
  752  moderate-income housing.
  753         d. “Substantially completed” has the same meaning as
  754  provided in s. 192.042(1).
  755         2. Building materials used in the construction of a housing
  756  project or mixed-use project are exempt from the tax imposed by
  757  this chapter upon an affirmative showing to the satisfaction of
  758  the department that the requirements of this paragraph have been
  759  met. This exemption inures to the owner through a refund of
  760  previously paid taxes. To receive this refund, the owner must
  761  file an application under oath with the department which
  762  includes:
  763         a. The name and address of the owner.
  764         b. The address and assessment roll parcel number of the
  765  project for which a refund is sought.
  766         c. A copy of the building permit issued for the project.
  767         d. A certification by the local building code inspector
  768  that the project is substantially completed.
  769         e. A sworn statement, under penalty of perjury, from the
  770  general contractor licensed in this state with whom the owner
  771  contracted to construct the project, which statement lists the
  772  building materials used in the construction of the project and
  773  the actual cost thereof, and the amount of sales tax paid on
  774  these materials. If a general contractor was not used, the owner
  775  shall provide this information in a sworn statement, under
  776  penalty of perjury. Copies of invoices evidencing payment of
  777  sales tax must be attached to the sworn statement.
  778         3. An application for a refund under this paragraph must be
  779  submitted to the department within 6 months after the date the
  780  project is deemed to be substantially completed by the local
  781  building code inspector. Within 30 working days after receipt of
  782  the application, the department shall determine if it meets the
  783  requirements of this paragraph. A refund approved pursuant to
  784  this paragraph shall be made within 30 days after formal
  785  approval of the application by the department.
  786         4. The department shall establish by rule an application
  787  form and criteria for establishing eligibility for exemption
  788  under this paragraph.
  789         5. The exemption shall apply to purchases of materials on
  790  or after July 1, 2000.
  791         Section 13. Paragraphs (a) and (g) of subsection (2) of
  792  section 215.5586, Florida Statutes, are amended to read:
  793         215.5586 My Safe Florida Home Program.—There is established
  794  within the Department of Financial Services the My Safe Florida
  795  Home Program. The department shall provide fiscal
  796  accountability, contract management, and strategic leadership
  797  for the program, consistent with this section. This section does
  798  not create an entitlement for property owners or obligate the
  799  state in any way to fund the inspection or retrofitting of
  800  residential property in this state. Implementation of this
  801  program is subject to annual legislative appropriations. It is
  802  the intent of the Legislature that the My Safe Florida Home
  803  Program provide trained and certified inspectors to perform
  804  inspections for owners of site-built, single-family, residential
  805  properties and grants to eligible applicants as funding allows.
  806  The program shall develop and implement a comprehensive and
  807  coordinated approach for hurricane damage mitigation that may
  808  include the following:
  809         (2) MITIGATION GRANTS.—Financial grants shall be used to
  810  encourage single-family, site-built, owner-occupied, residential
  811  property owners to retrofit their properties to make them less
  812  vulnerable to hurricane damage.
  813         (a) For a homeowner to be eligible for a grant, the
  814  following criteria must be met:
  815         1. The homeowner must have been granted a homestead
  816  exemption on the home under chapter 196.
  817         2. The home must be a dwelling with an insured value of
  818  $300,000 or less. Homeowners who are low-income persons, as
  819  defined in s. 420.0004(11)(10), are exempt from this
  820  requirement.
  821         3. The home must have undergone an acceptable hurricane
  822  mitigation inspection after May 1, 2007.
  823         4. The home must be located in the “wind-borne debris
  824  region” as that term is defined in s. 1609.2, International
  825  Building Code (2006), or as subsequently amended.
  826         5. The building permit application for initial construction
  827  of the home must have been made before March 1, 2002.
  828  
  829  An application for a grant must contain a signed or
  830  electronically verified statement made under penalty of perjury
  831  that the applicant has submitted only a single application and
  832  must have attached documents demonstrating the applicant meets
  833  the requirements of this paragraph.
  834         (g) Low-income homeowners, as defined in s.
  835  420.0004(11)(10), who otherwise meet the requirements of
  836  paragraphs (a), (c), (e), and (f) are eligible for a grant of up
  837  to $5,000 and are not required to provide a matching amount to
  838  receive the grant. Additionally, for low-income homeowners,
  839  grant funding may be used for repair to existing structures
  840  leading to any of the mitigation improvements provided in
  841  paragraph (e), limited to 20 percent of the grant value. The
  842  program may accept a certification directly from a low-income
  843  homeowner that the homeowner meets the requirements of s.
  844  420.0004(11)(10) if the homeowner provides such certification in
  845  a signed or electronically verified statement made under penalty
  846  of perjury.
  847         Section 14. Subsection (19) of section 420.503, Florida
  848  Statutes, is amended to read:
  849         420.503 Definitions.—As used in this part, the term:
  850         (19) “Housing for the elderly” means, for purposes of s.
  851  420.5087(3)(e)(d), any nonprofit housing community that is
  852  financed by a mortgage loan made or insured by the United States
  853  Department of Housing and Urban Development under s. 202, s. 202
  854  with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
  855  National Housing Act, as amended, and that is subject to income
  856  limitations established by the United States Department of
  857  Housing and Urban Development, or any program funded by the
  858  Rural Development Agency of the United States Department of
  859  Agriculture and subject to income limitations established by the
  860  United States Department of Agriculture. A project which
  861  qualifies for an exemption under the Fair Housing Act as housing
  862  for older persons as defined by s. 760.29(4) shall qualify as
  863  housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
  864  for purposes of any loans made pursuant to s. 420.508. In
  865  addition, if the corporation adopts a qualified allocation plan
  866  pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
  867  other rules that prioritize projects targeting the elderly for
  868  purposes of allocating tax credits pursuant to s. 420.5099 or
  869  for purposes of the HOME program under s. 420.5089, a project
  870  which qualifies for an exemption under the Fair Housing Act as
  871  housing for older persons as defined by s. 760.29(4) shall
  872  qualify as a project targeted for the elderly, if the project
  873  satisfies the other requirements set forth in this part.
  874         Section 15. (1) The Legislature finds that due to the
  875  current economic conditions in the housing market there is a
  876  critical need to rehabilitate or sell excess inventory of unsold
  877  homes, including foreclosed homes and newly constructed homes,
  878  as well as a critical need for the rehabilitation and
  879  preservation of older, affordable apartments. The Legislature
  880  further finds that there is a critical need to create housing
  881  related jobs and that these conditions require the targeting of
  882  state and local housing trust fund moneys to assist in the sale
  883  or rehabilitation of existing homes and the preservation and
  884  rehabilitation of older rental apartments.
  885         (2) Notwithstanding ss. 420.507(22)(a) and (23)(a),
  886  420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
  887  (5)(b), Florida Statutes, funds from the State Housing Trust
  888  Fund or the Local Government Housing Trust Fund which are
  889  appropriated for use in the State Apartment Incentive Loan
  890  Program, Florida Homeownership Assistance Program, Community
  891  Workforce Housing Innovation Pilot Program, or the State Housing
  892  Initiatives Partnership Program may not be used to:
  893         (a) Finance or otherwise assist the construction or
  894  purchase of housing sold to eligible individuals, unless the
  895  housing unit being sold had an initial certificate of occupancy
  896  prior to December 31, 2009; or
  897         (b) Finance or otherwise assist in the construction or
  898  purchase of rental housing, unless the development being
  899  financed or assisted received its initial certificate of
  900  occupancy prior to December 31, 1995.
  901  
  902  Nothing in this section restricts the use of such funds to
  903  assist with the purchase of newly constructed homes that were
  904  completed prior to December 31, 2009, or the acquisition and
  905  rehabilitation of apartments that received their initial
  906  certificate of occupancy prior to December 31, 1995. The use of
  907  such funds is subject to the restrictions of the program under
  908  which the funding is made available.
  909         (3) This section expires July 1, 2011.
  910         Section 16. This act shall take effect July 1, 2010.