CS/CS/CS/HB 665

1	A bill to be entitled
2	An act relating to affordable housing; amending s. 20.055,
3	F.S.; revising the definition of "state agency" to include
4	the Florida Housing Finance Corporation; revising the
5	definition of "agency head" to include the board of
6	directors of the corporation; requiring the inspector
7	general to prepare an annual report; amending s. 159.608,
8	F.S.; providing a housing finance authority with an
9	additional purpose for which it may exercise its power to
10	borrow; amending s. 163.3177, F.S.; revising provisions
11	relating to the elements of local comprehensive plans to
12	authorize the inclusion of an element for affordable
13	housing for certain seniors; providing for the disposition
14	of real property by a local government for the development
15	of affordable housing; amending s. 201.15, F.S.; revising
16	the allocation of certain proceeds distributed from the
17	excise tax on documents that are paid into the State
18	Treasury to the credit of the State Housing Trust Fund;
19	providing for retroactive repeal of s. 8, ch. 2009-131,
20	Laws of Florida, to eliminate a conflicting version of s.
21	201.15, F.S.; amending s. 420.0003, F.S.; including the
22	needs of persons with special needs in the state housing
23	strategy's periodic review and report; amending s.
24	420.0004, F.S.; defining the terms "disabling condition"
25	and "person with special needs"; conforming cross-
26	references; amending s. 420.0006, F.S.; removing an
27	obsolete reference; deleting provisions requiring the
28	inspector general of the Department of Community Affairs
29	to perform functions for the corporation to conform to
30	changes made by the act; amending s. 420.504, F.S.;
31	authorizing the Secretary of Community Affairs to
32	designate a senior-level agency employee to serve on the
33	board of directors of the Florida Housing Finance
34	Corporation; amending s. 420.506, F.S.; providing for the
35	appointment of an inspector general of the Florida Housing
36	Finance Corporation; providing appointing authority
37	thereof; providing duties and responsibilities of the
38	inspector general; amending s. 420.507, F.S.; requiring
39	certain rates of interest to be made available to sponsors
40	of projects for persons with special needs; providing
41	additional powers of the corporation relating to receipt
42	of federal funds; revising powers of the corporation
43	relating to criteria establishing a preference for
44	eligible developers and general contractors; conforming a
45	cross-reference; amending s. 420.5087, F.S.; limiting the
46	reservation of funds within each notice of fund
47	availability to the persons with special needs tenant
48	group; including persons with special needs as a tenant
49	group for specified purposes of the State Apartment
50	Incentive Loan Program; revising and providing criteria to
51	be used by a specified review committee for the
52	competitive ranking of applications for such program;
53	conforming a cross-reference; amending ss. 163.31771,
54	212.08, 215.5586, and 420.503, F.S.; conforming cross-
55	references; providing legislative intent; prohibiting
56	funds from the State Housing Trust Fund or the Local
57	Government Housing Trust Fund that are appropriated for
58	specified programs from being used for certain purposes;
59	providing for future repeal; providing an 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)(a)  Except as provided in paragraph (b), each inspector
87	general shall, not later than September 30 of each year, prepare
88	an annual report summarizing the activities of the office during
89	the immediately preceding state fiscal year.
90	(b)  The inspector general of the Florida Housing Finance
91	Corporation shall, not later than 90 days after the end of each
92	fiscal year, prepare an annual report summarizing the activities
93	of the office of inspector general during the immediately
94	preceding fiscal year.
95	(c)  The final reports prepared pursuant to paragraphs (a)
96	and (b) report shall be furnished to the heads of the respective
97	agencies agency head. Such report shall include, but need not be
98	limited to:
99	1.(a)  A description of activities relating to the
100	development, assessment, and validation of performance measures.
101	2.(b)  A description of significant abuses and deficiencies
102	relating to the administration of programs and operations of the
103	agency disclosed by investigations, audits, reviews, or other
104	activities during the reporting period.
105	3.(c)  A description of the recommendations for corrective
106	action made by the inspector general during the reporting period
107	with respect to significant problems, abuses, or deficiencies
108	identified.
109	4.(d)  The identification of each significant
110	recommendation described in previous annual reports on which
111	corrective action has not been completed.
112	5.(e)  A summary of each audit and investigation completed
113	during the reporting period.
114	Section 2.  Subsection (11) is added to section 159.608,
115	Florida Statutes, to read:
116	159.608  Powers of housing finance authorities.-A housing
117	finance authority shall constitute a public body corporate and
118	politic, exercising the public and essential governmental
119	functions set forth in this act, and shall exercise its power to
120	borrow only for the purpose as provided herein:
121	(11)  To invest and reinvest surplus funds of the housing
122	finance authority in accordance with s. 218.415. However, in
123	addition to the investments expressly authorized in ss.
124	218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
125	may invest surplus funds in interest-bearing time deposits or
126	savings accounts that are fully insured by the Federal Deposit
127	Insurance Corporation regardless of whether the bank or
128	financial institution in which the deposit or investment is made
129	is a qualified public depository as defined in s. 280.02. This
130	subsection is supplementary to and may not be construed as
131	limiting any powers of a housing finance authority or providing
132	or implying a limiting construction of any other statutory
133	provision.
134	Section 3.  Paragraph (f) of subsection (6) of section
135	163.3177, Florida Statutes, is amended to read:
136	163.3177  Required and optional elements of comprehensive
137	plan; studies and surveys.-
138	(6)  In addition to the requirements of subsections (1)-(5)
139	and (12), the comprehensive plan shall include the following
140	elements:
141	(f)1.  A housing element consisting of standards, plans,
142	and principles to be followed in:
143	a.  The provision of housing for all current and
144	anticipated future residents of the jurisdiction.
145	b.  The elimination of substandard dwelling conditions.
146	c.  The structural and aesthetic improvement of existing
147	housing.
148	d.  The provision of adequate sites for future housing,
149	including affordable workforce housing as defined in s.
150	380.0651(3)(j), housing for low-income, very low-income, and
151	moderate-income families, mobile homes, and group home
152	facilities and foster care facilities, with supporting
153	infrastructure and public facilities. The element may include
154	provisions that specifically address affordable housing for
155	persons 60 years of age or older. Real property that is conveyed
156	to a local government for affordable housing under this sub-
157	subparagraph shall be disposed of by the local government
158	pursuant to s. 125.379 or s. 166.0451.
159	e.  Provision for relocation housing and identification of
160	historically significant and other housing for purposes of
161	conservation, rehabilitation, or replacement.
162	f.  The formulation of housing implementation programs.
163	g.  The creation or preservation of affordable housing to
164	minimize the need for additional local services and avoid the
165	concentration of affordable housing units only in specific areas
166	of the jurisdiction.
167	h.  Energy efficiency in the design and construction of new
168	housing.
169	i.  Use of renewable energy resources.
170	j.  Each county in which the gap between the buying power
171	of a family of four and the median county home sale price
172	exceeds $170,000, as determined by the Florida Housing Finance
173	Corporation, and which is not designated as an area of critical
174	state concern shall adopt a plan for ensuring affordable
175	workforce housing. At a minimum, the plan shall identify
176	adequate sites for such housing. For purposes of this sub-
177	subparagraph, the term "workforce housing" means housing that is
178	affordable to natural persons or families whose total household
179	income does not exceed 140 percent of the area median income,
180	adjusted for household size.
181	k.  As a precondition to receiving any state affordable
182	housing funding or allocation for any project or program within
183	the jurisdiction of a county that is subject to sub-subparagraph
184	j., a county must, by July 1 of each year, provide certification
185	that the county has complied with the requirements of sub-
186	subparagraph j.
187
188	The goals, objectives, and policies of the housing element must
189	be based on the data and analysis prepared on housing needs,
190	including the affordable housing needs assessment. State and
191	federal housing plans prepared on behalf of the local government
192	must be consistent with the goals, objectives, and policies of
193	the housing element. Local governments are encouraged to use job
194	training, job creation, and economic solutions to address a
195	portion of their affordable housing concerns.
196	2.  To assist local governments in housing data collection
197	and analysis and assure uniform and consistent information
198	regarding the state's housing needs, the state land planning
199	agency shall conduct an affordable housing needs assessment for
200	all local jurisdictions on a schedule that coordinates the
201	implementation of the needs assessment with the evaluation and
202	appraisal reports required by s. 163.3191. Each local government
203	shall utilize the data and analysis from the needs assessment as
204	one basis for the housing element of its local comprehensive
205	plan. The agency shall allow a local government the option to
206	perform its own needs assessment, if it uses the methodology
207	established by the agency by rule.
208	Section 4.  Subsections (9), (10), and (13) of section
209	201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
210	21, and 2009-68, Laws of Florida, are amended to read:
211	201.15  Distribution of taxes collected.-All taxes
212	collected under this chapter are subject to the service charge
213	imposed in s. 215.20(1). Prior to distribution under this
214	section, the Department of Revenue shall deduct amounts
215	necessary to pay the costs of the collection and enforcement of
216	the tax levied by this chapter. Such costs and the service
217	charge may not be levied against any portion of taxes pledged to
218	debt service on bonds to the extent that the costs and service
219	charge are required to pay any amounts relating to the bonds.
220	After distributions are made pursuant to subsection (1), all of
221	the costs of the collection and enforcement of the tax levied by
222	this chapter and the service charge shall be available and
223	transferred to the extent necessary to pay debt service and any
224	other amounts payable with respect to bonds authorized before
225	January 1, 2010, secured by revenues distributed pursuant to
226	subsection (1). All taxes remaining after deduction of costs and
227	the service charge shall be distributed as follows:
228	(9)  Seven and fifty-three hundredths The lesser of 7.53
229	percent of the remaining taxes or $107 million in each fiscal
230	year shall be paid into the State Treasury to the credit of the
231	State Housing Trust Fund and used as follows:
232	(a)  Half of that amount shall be used for the purposes for
233	which the State Housing Trust Fund was created and exists by
234	law.
235	(b)  Half of that amount shall be paid into the State
236	Treasury to the credit of the Local Government Housing Trust
237	Fund and used for the purposes for which the Local Government
238	Housing Trust Fund was created and exists by law.
239	(10)  Eight and sixty-six hundredths The lesser of 8.66
240	percent of the remaining taxes or $136 million in each fiscal
241	year shall be paid into the State Treasury to the credit of the
242	State Housing Trust Fund and used as follows:
243	(a)  Twelve and one-half percent of that amount shall be
244	deposited into the State Housing Trust Fund and be expended by
245	the Department of Community Affairs and by the Florida Housing
246	Finance Corporation for the purposes for which the State Housing
247	Trust Fund was created and exists by law.
248	(b)  Eighty-seven and one-half percent of that amount shall
249	be distributed to the Local Government Housing Trust Fund and
250	used for the purposes for which the Local Government Housing
251	Trust Fund was created and exists by law. Funds from this
252	category may also be used to provide for state and local
253	services to assist the homeless.
254	(13)  Beginning July 1, 2008, in each fiscal year that the
255	remaining taxes collected under this chapter exceed collections
256	in the prior fiscal year, the stated maximum dollar amounts
257	provided in subsections (2), (4), (6), and (7), (9), and (10)
258	shall each be increased by an amount equal to 10 percent of the
259	increase in the remaining taxes collected under this chapter
260	multiplied by the applicable percentage provided in those
261	subsections.
262	Section 5.  Section 8 of chapter 2009-131, Laws of Florida,
263	is repealed, retroactive to June 30, 2009.
264	Section 6.  Paragraph (c) of subsection (4) of section
265	420.0003, Florida Statutes, is amended to read:
266	420.0003  State housing strategy.-
267	(4)  IMPLEMENTATION.-The Department of Community Affairs
268	and the Florida Housing Finance Corporation in carrying out the
269	strategy articulated herein shall have the following duties:
270	(c)  The Shimberg Center for Affordable Housing, in
271	consultation with the Department of Community Affairs and the
272	Florida Housing Finance Corporation, shall review and evaluate
273	existing housing rehabilitation, production, and finance
274	programs to determine their consistency with relevant policies
275	in this section and identify the needs of specific populations,
276	including, but not limited to, elderly persons, and handicapped
277	persons, and persons with special needs, and shall recommend
278	statutory modifications where appropriate. The Shimberg Center
279	for Affordable Housing, in consultation with the Department of
280	Community Affairs and the corporation, shall also evaluate the
281	degree of coordination between state housing programs, and
282	between state, federal, and local housing activities, and shall
283	recommend improved program linkages. The recommendations
284	required above and a report of any programmatic modifications
285	made as a result of these policies shall be included in the
286	housing report required by s. 420.6075, beginning December 31,
287	1991, and every 5 years thereafter.
288	Section 7.  Section 420.0004, Florida Statutes, is amended
289	to read:
290	420.0004  Definitions.-As used in this part, unless the
291	context otherwise indicates:
292	(1)  "Adjusted for family size" means adjusted in a manner
293	which results in an income eligibility level which is lower for
294	households with fewer than four people, or higher for households
295	with more than four people, than the base income eligibility
296	determined as provided in subsection (9) (8), subsection (11)
297	(10), subsection (12) (11), or subsection (17) (15), based upon
298	a formula as established by the United States Department of
299	Housing and Urban Development.
300	(2)  "Adjusted gross income" means all wages, assets,
301	regular cash or noncash contributions or gifts from persons
302	outside the household, and such other resources and benefits as
303	may be determined to be income by the United States Department
304	of Housing and Urban Development, adjusted for family size, less
305	deductions allowable under s. 62 of the Internal Revenue Code.
306	(3)  "Affordable" means that monthly rents or monthly
307	mortgage payments including taxes, insurance, and utilities do
308	not exceed 30 percent of that amount which represents the
309	percentage of the median adjusted gross annual income for the
310	households as indicated in subsection (9) (8), subsection (11)
311	(10), subsection (12) (11), or subsection (17) (15).
312	(4)  "Corporation" means the Florida Housing Finance
313	Corporation.
314	(5)  "Community-based organization" or "nonprofit
315	organization" means a private corporation organized under
316	chapter 617 to assist in the provision of housing and related
317	services on a not-for-profit basis and which is acceptable to
318	federal and state agencies and financial institutions as a
319	sponsor of low-income housing.
320	(6)  "Department" means the Department of Community
321	Affairs.
322	(7)  "Disabling condition" means a diagnosable substance
323	abuse disorder, serious mental illness, developmental
324	disability, or chronic physical illness or disability, or the
325	co-occurrence of two or more of these conditions, and a
326	determination that the condition is:
327	(a)  Expected to be of long-continued and indefinite
328	duration; and
329	(b)  Not expected to impair the ability of the person with
330	special needs to live independently with appropriate supports.
331	(8)(7)  "Elderly" describes persons 62 years of age or
332	older.
333	(9)(8)  "Extremely-low-income persons" means one or more
334	natural persons or a family whose total annual household income
335	does not exceed 30 percent of the median annual adjusted gross
336	income for households within the state. The Florida Housing
337	Finance Corporation may adjust this amount annually by rule to
338	provide that in lower income counties, extremely low income may
339	exceed 30 percent of area median income and that in higher
340	income counties, extremely low income may be less than 30
341	percent of area median income.
342	(10)(9)  "Local public body" means any county,
343	municipality, or other political subdivision, or any housing
344	authority as provided by chapter 421, which is eligible to
345	sponsor or develop housing for farmworkers and very-low-income
346	and low-income persons within its jurisdiction.
347	(11)(10)  "Low-income persons" means one or more natural
348	persons or a family, the total annual adjusted gross household
349	income of which does not exceed 80 percent of the median annual
350	adjusted gross income for households within the state, or 80
351	percent of the median annual adjusted gross income for
352	households within the metropolitan statistical area (MSA) or, if
353	not within an MSA, within the county in which the person or
354	family resides, whichever is greater.
355	(12)(11)  "Moderate-income persons" means one or more
356	natural persons or a family, the total annual adjusted gross
357	household income of which is less than 120 percent of the median
358	annual adjusted gross income for households within the state, or
359	120 percent of the median annual adjusted gross income for
360	households within the metropolitan statistical area (MSA) or, if
361	not within an MSA, within the county in which the person or
362	family resides, whichever is greater.
363	(13)  "Person with special needs" means an adult person
364	requiring independent living services in order to maintain
365	housing or develop independent living skills and who has a
366	disabling condition; a young adult formerly in foster care who
367	is eligible for services under s. 409.1451(5); a survivor of
368	domestic violence as defined in s. 741.28; or a person receiving
369	benefits under the Social Security Disability Insurance (SSDI)
370	program or the Supplemental Security Income (SSI) program or
371	from veterans' disability benefits.
372	(14)(12)  "Student" means any person not living with his or
373	her parent or guardian who is eligible to be claimed by his or
374	her parent or guardian as a dependent under the federal income
375	tax code and who is enrolled on at least a half-time basis in a
376	secondary school, career center, community college, college, or
377	university.
378	(15)(13)  "Substandard" means:
379	(a)  Any unit lacking complete plumbing or sanitary
380	facilities for the exclusive use of the occupants;
381	(b)  A unit which is in violation of one or more major
382	sections of an applicable housing code and where such violation
383	poses a serious threat to the health of the occupant; or
384	(c)  A unit that has been declared unfit for human
385	habitation but that could be rehabilitated for less than 50
386	percent of the property value.
387	(16)(14)  "Substantial rehabilitation" means repair or
388	restoration of a dwelling unit where the value of such repair or
389	restoration exceeds 40 percent of the value of the dwelling.
390	(17)(15)  "Very-low-income persons" means one or more
391	natural persons or a family, not including students, the total
392	annual adjusted gross household income of which does not exceed
393	50 percent of the median annual adjusted gross income for
394	households within the state, or 50 percent of the median annual
395	adjusted gross income for households within the metropolitan
396	statistical area (MSA) or, if not within an MSA, within the
397	county in which the person or family resides, whichever is
398	greater.
399	Section 8.  Section 420.0006, Florida Statutes, is amended
400	to read:
401	420.0006  Authority to contract with corporation; contract
402	requirements; nonperformance.-The secretary of the department
403	shall contract, notwithstanding the provisions of part I of
404	chapter 287, with the Florida Housing Finance Corporation on a
405	multiyear basis to stimulate, provide, and foster affordable
406	housing in the state. The contract must incorporate the
407	performance measures required by s. 420.511 and must be
408	consistent with the provisions of the corporation's strategic
409	plan prepared in accordance with s. 420.511 and compatible with
410	s. 216.0166. The contract must provide that, in the event the
411	corporation fails to comply with any of the performance measures
412	required by s. 420.511, the secretary shall notify the Governor
413	and shall refer the nonperformance to the department's inspector
414	general for review and determination as to whether such failure
415	is due to forces beyond the corporation's control or whether
416	such failure is due to inadequate management of the
417	corporation's resources. Advances shall continue to be made
418	pursuant to s. 420.0005 during the pendency of the review by the
419	department's inspector general. If such failure is due to
420	outside forces, it shall not be deemed a violation of the
421	contract. If such failure is due to inadequate management, the
422	department's inspector general shall provide recommendations
423	regarding solutions. The Governor is authorized to resolve any
424	differences of opinion with respect to performance under the
425	contract and may request that advances continue in the event of
426	a failure under the contract due to inadequate management. The
427	Chief Financial Officer shall approve the request absent a
428	finding by the Chief Financial Officer that continuing such
429	advances would adversely impact the state; however, in any event
430	the Chief Financial Officer shall provide advances sufficient to
431	meet the debt service requirements of the corporation and
432	sufficient to fund contracts committing funds from the State
433	Housing Trust Fund so long as such contracts are in accordance
434	with the laws of this state. The department inspector general
435	shall perform for the corporation the functions set forth in s.
436	20.055 and report to the secretary of the department. The
437	corporation shall be deemed an agency for the purposes of s.
438	20.055.
439	Section 9.  Subsection (3) of section 420.504, Florida
440	Statutes, is amended to read:
441	420.504  Public corporation; creation, membership, terms,
442	expenses.-
443	(3)  The corporation is a separate budget entity and is not
444	subject to control, supervision, or direction by the Department
445	of Community Affairs in any manner, including, but not limited
446	to, personnel, purchasing, transactions involving real or
447	personal property, and budgetary matters. The corporation shall
448	consist of a board of directors composed of the Secretary of
449	Community Affairs as an ex officio and voting member, or a
450	senior-level agency employee designated by the secretary, and
451	eight members appointed by the Governor subject to confirmation
452	by the Senate from the following:
453	(a)  One citizen actively engaged in the residential home
454	building industry.
455	(b)  One citizen actively engaged in the banking or
456	mortgage banking industry.
457	(c)  One citizen who is a representative of those areas of
458	labor engaged in home building.
459	(d)  One citizen with experience in housing development who
460	is an advocate for low-income persons.
461	(e)  One citizen actively engaged in the commercial
462	building industry.
463	(f)  One citizen who is a former local government elected
464	official.
465	(g)  Two citizens of the state who are not principally
466	employed as members or representatives of any of the groups
467	specified in paragraphs (a)-(f).
468	Section 10.  Section 420.506, Florida Statutes, is amended
469	to read:
470	420.506  Executive director; agents and employees;
471	inspector general.-
472	(1)  The appointment and removal of an executive director
473	shall be by the Secretary of Community Affairs, with the advice
474	and consent of the corporation's board of directors. The
475	executive director shall employ legal and technical experts and
476	such other agents and employees, permanent and temporary, as the
477	corporation may require, and shall communicate with and provide
478	information to the Legislature with respect to the corporation's
479	activities. The board is authorized, notwithstanding the
480	provisions of s. 216.262, to develop and implement rules
481	regarding the employment of employees of the corporation and
482	service providers, including legal counsel. The board of
483	directors of the corporation is entitled to establish travel
484	procedures and guidelines for employees of the corporation. The
485	executive director's office and the corporation's files and
486	records must be located in Leon County.
487	(2)  The appointment and removal of an inspector general
488	shall be by the executive director, with the advice and consent
489	of the corporation's board of directors. The corporation's
490	inspector general shall perform for the corporation the
491	functions set forth in s. 20.055. The inspector general shall
492	administratively report to the executive director. The inspector
493	general shall meet the minimum qualifications as set forth s.
494	20.055(4). The corporation may establish additional
495	qualifications deemed necessary by the board of directors to
496	meet the unique needs of the corporation. The inspector general
497	shall be responsible for coordinating the responsibilities set
498	forth in s. 420.0006.
499	Section 11.  Paragraph (a) of subsection (22) and
500	subsections (33), (46), and (47) of section 420.507, Florida
501	Statutes, are amended to read:
502	420.507  Powers of the corporation.-The corporation shall
503	have all the powers necessary or convenient to carry out and
504	effectuate the purposes and provisions of this part, including
505	the following powers which are in addition to all other powers
506	granted by other provisions of this part:
507	(22)  To develop and administer the State Apartment
508	Incentive Loan Program. In developing and administering that
509	program, the corporation may:
510	(a)  Make first, second, and other subordinated mortgage
511	loans including variable or fixed rate loans subject to
512	contingent interest for all State Apartment Incentive Loans
513	provided in this chapter based upon available cash flow of the
514	projects. The corporation shall make loans exceeding 25 percent
515	of project cost only to nonprofit organizations and public
516	bodies that are able to secure grants, donations of land, or
517	contributions from other sources and to projects meeting the
518	criteria of subparagraph 1. Mortgage loans shall be made
519	available at the following rates of interest:
520	1.  Zero to 3 percent interest for sponsors of projects
521	that set aside at least 80 percent of their total units for
522	residents qualifying as farmworkers, commercial fishing workers,
523	or the homeless as defined in s. 420.621, or persons with
524	special needs as defined in s. 420.0004(13) over the life of the
525	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
549	corporation competitive program, criteria establishing, where
550	all other competitive elements are equal, a preference for
551	developers and general contractors who demonstrate the highest
552	rate of Florida job creation in the development and construction
553	of affordable housing domiciled in this state and for developers
554	and general contractors, regardless of domicile, who have
555	substantial experience in developing or building affordable
556	housing through the corporation's programs.
557	(a)  In evaluating whether a developer or general
558	contractor is domiciled in this state, the corporation shall
559	consider whether the developer's or general contractor's
560	principal office is located in this state and whether a majority
561	of the developer's or general contractor's principals and
562	financial beneficiaries reside in Florida.
563	(b)  In evaluating whether a developer or general
564	contractor has substantial experience, the corporation shall
565	consider whether the developer or general contractor has
566	completed at least five developments using funds either provided
567	by or administered by the corporation.
568	Section 12.  Subsection (3) and paragraph (c) of subsection
569	(6) of section 420.5087, Florida Statutes, are amended to read:
570	420.5087  State Apartment Incentive Loan Program.-There is
571	hereby created the State Apartment Incentive Loan Program for
572	the purpose of providing first, second, or other subordinated
573	mortgage loans or loan guarantees to sponsors, including for-
574	profit, nonprofit, and public entities, to provide housing
575	affordable to very-low-income persons.
576	(3)  During the first 6 months of loan or loan guarantee
577	availability, program funds shall be reserved for use by
578	sponsors who provide the housing set-aside required in
579	subsection (2) for the tenant groups designated in this
580	subsection. The reservation of funds to each of these groups
581	shall be determined using the most recent statewide very-low-
582	income rental housing market study available at the time of
583	publication of each notice of fund availability required by
584	paragraph (6)(b). The reservation of funds within each notice of
585	fund availability to the tenant groups in paragraphs (a), (b),
586	and (e) (d) may not be less than 10 percent of the funds
587	available at that time. Any increase in funding required to
588	reach the 10-percent minimum must be taken from the tenant group
589	that has the largest reservation. The reservation of funds
590	within each notice of fund availability to the tenant group in
591	paragraph (c) may not be less than 5 percent of the funds
592	available at that time. The reservation of funds within each
593	notice of fund availability to the tenant group in paragraph (d)
594	may not be more than 10 percent of the funds available at that
595	time. The tenant groups are:
596	(a)  Commercial fishing workers and farmworkers;
597	(b)  Families;
598	(c)  Persons who are homeless;
599	(d)  Persons with special needs; and
600	(e)(d)  Elderly persons. Ten percent of the amount reserved
601	for the elderly shall be reserved to provide loans to sponsors
602	of housing for the elderly for the purpose of making building
603	preservation, health, or sanitation repairs or improvements
604	which are required by federal, state, or local regulation or
605	code, or lifesafety or security-related repairs or improvements
606	to such housing. Such a loan may not exceed $750,000 per housing
607	community for the elderly. In order to receive the loan, the
608	sponsor of the housing community must make a commitment to match
609	at least 5 percent of the loan amount to pay the cost of such
610	repair or improvement. The corporation shall establish the rate
611	of interest on the loan, which may not exceed 3 percent, and the
612	term of the loan, which may not exceed 15 years; however, if the
613	lien of the corporation's encumbrance is subordinate to the lien
614	of another mortgagee, then the term may be made coterminous with
615	the longest term of the superior lien. The term of the loan
616	shall be based on a credit analysis of the applicant. The
617	corporation may forgive indebtedness for a share of the loan
618	attributable to the units in a project reserved for extremely-
619	low-income elderly by nonprofit organizations, as defined in s.
620	420.0004(5), where the project has provided affordable housing
621	to the elderly for 15 years or more. The corporation shall
622	establish, by rule, the procedure and criteria for receiving,
623	evaluating, and competitively ranking all applications for loans
624	under this paragraph. A loan application must include evidence
625	of the first mortgagee's having reviewed and approved the
626	sponsor's intent to apply for a loan. A nonprofit organization
627	or sponsor may not use the proceeds of the loan to pay for
628	administrative costs, routine maintenance, or new construction.
629	(6)  On all state apartment incentive loans, except loans
630	made to housing communities for the elderly to provide for
631	lifesafety, building preservation, health, sanitation, or
632	security-related repairs or improvements, the following
633	provisions shall apply:
634	(c)  The corporation shall provide by rule for the
635	establishment of a review committee composed of the department
636	and corporation staff and shall establish by rule a scoring
637	system for evaluation and competitive ranking of applications
638	submitted in this program, including, but not limited to, the
639	following criteria:
640	1.  Tenant income and demographic targeting objectives of
641	the corporation.
642	2.  Targeting objectives of the corporation which will
643	ensure an equitable distribution of loans between rural and
644	urban areas.
645	3.  Sponsor's agreement to reserve the units for persons or
646	families who have incomes below 50 percent of the state or local
647	median income, whichever is higher, for a time period to exceed
648	the minimum required by federal law or the provisions of this
649	part.
650	4.  Sponsor's agreement to reserve more than:
651	a.  Twenty percent of the units in the project for persons
652	or families who have incomes that do not exceed 50 percent of
653	the state or local median income, whichever is higher; or
654	b.  Forty percent of the units in the project for persons
655	or families who have incomes that do not exceed 60 percent of
656	the state or local median income, whichever is higher, without
657	requiring a greater amount of the loans as provided in this
658	section.
659	5.  Provision for tenant counseling.
660	6.  Sponsor's agreement to accept rental assistance
661	certificates or vouchers as payment for rent.
662	7.  Projects requiring the least amount of a state
663	apartment incentive loan compared to overall project cost except
664	that the share of the loan attributable to units serving
665	extremely-low-income persons shall be excluded from this
666	requirement.
667	8.  Local government contributions and local government
668	comprehensive planning and activities that promote affordable
669	housing.
670	9.  Project feasibility.
671	10.  Economic viability of the project.
672	11.  Commitment of first mortgage financing.
673	12.  Sponsor's prior experience, including whether the
674	developer and general contractor have substantial experience, as
675	provided in s. 420.507(47).
676	13.  Sponsor's ability to proceed with construction.
677	14.  Projects that directly implement or assist welfare-to-
678	work transitioning.
679	15.  Projects that reserve units for extremely-low-income
680	persons.
681	16.  Projects that include green building principles,
682	storm-resistant construction, or other elements that reduce
683	long-term costs relating to maintenance, utilities, or
684	insurance.
685	17.  Job-creation rate Domicile of the developer and
686	general contractor, as provided in s. 420.507(47).
687	18.  Projects that reserve units for persons with special
688	needs, provided services for such persons are available to the
689	project.
690	Section 13.  Paragraphs (d), (e), (f), and (g) of
691	subsection (2) of section 163.31771, Florida Statutes, are
692	amended to read:
693	163.31771  Accessory dwelling units.-
694	(2)  As used in this section, the term:
695	(d)  "Low-income persons" has the same meaning as in s.
696	420.0004(11)(10).
697	(e)  "Moderate-income persons" has the same meaning as in
698	s. 420.0004(12)(11).
699	(f)  "Very-low-income persons" has the same meaning as in
700	s. 420.0004(17)(15).
701	(g)  "Extremely-low-income persons" has the same meaning as
702	in s. 420.0004(9)(8).
703	Section 14.  Paragraph (o) of subsection (5) of section
704	212.08, Florida Statutes, is amended to read:
705	212.08  Sales, rental, use, consumption, distribution, and
706	storage tax; specified exemptions.-The sale at retail, the
707	rental, the use, the consumption, the distribution, and the
708	storage to be used or consumed in this state of the following
709	are hereby specifically exempt from the tax imposed by this
710	chapter.
711	(5)  EXEMPTIONS; ACCOUNT OF USE.-
712	(o)  Building materials in redevelopment projects.-
713	1.  As used in this paragraph, the term:
714	a.  "Building materials" means tangible personal property
715	that becomes a component part of a housing project or a mixed-
716	use project.
717	b.  "Housing project" means the conversion of an existing
718	manufacturing or industrial building to housing units in an
719	urban high-crime area, enterprise zone, empowerment zone, Front
720	Porch Community, designated brownfield area, or urban infill
721	area and in which the developer agrees to set aside at least 20
722	percent of the housing units in the project for low-income and
723	moderate-income persons or the construction in a designated
724	brownfield area of affordable housing for persons described in
725	s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
726	159.603(7).
727	c.  "Mixed-use project" means the conversion of an existing
728	manufacturing or industrial building to mixed-use units that
729	include artists' studios, art and entertainment services, or
730	other compatible uses. A mixed-use project must be located in an
731	urban high-crime area, enterprise zone, empowerment zone, Front
732	Porch Community, designated brownfield area, or urban infill
733	area, and the developer must agree to set aside at least 20
734	percent of the square footage of the project for low-income and
735	moderate-income housing.
736	d.  "Substantially completed" has the same meaning as
737	provided in s. 192.042(1).
738	2.  Building materials used in the construction of a
739	housing project or mixed-use project are exempt from the tax
740	imposed by this chapter upon an affirmative showing to the
741	satisfaction of the department that the requirements of this
742	paragraph have been met. This exemption inures to the owner
743	through a refund of previously paid taxes. To receive this
744	refund, the owner must file an application under oath with the
745	department which includes:
746	a.  The name and address of the owner.
747	b.  The address and assessment roll parcel number of the
748	project for which a refund is sought.
749	c.  A copy of the building permit issued for the project.
750	d.  A certification by the local building code inspector
751	that the project is substantially completed.
752	e.  A sworn statement, under penalty of perjury, from the
753	general contractor licensed in this state with whom the owner
754	contracted to construct the project, which statement lists the
755	building materials used in the construction of the project and
756	the actual cost thereof, and the amount of sales tax paid on
757	these materials. If a general contractor was not used, the owner
758	shall provide this information in a sworn statement, under
759	penalty of perjury. Copies of invoices evidencing payment of
760	sales tax must be attached to the sworn statement.
761	3.  An application for a refund under this paragraph must
762	be submitted to the department within 6 months after the date
763	the project is deemed to be substantially completed by the local
764	building code inspector. Within 30 working days after receipt of
765	the application, the department shall determine if it meets the
766	requirements of this paragraph. A refund approved pursuant to
767	this paragraph shall be made within 30 days after formal
768	approval of the application by the department.
769	4.  The department shall establish by rule an application
770	form and criteria for establishing eligibility for exemption
771	under this paragraph.
772	5.  The exemption shall apply to purchases of materials on
773	or after July 1, 2000.
774	Section 15.  Paragraphs (a) and (g) of subsection (2) of
775	section 215.5586, Florida Statutes, are amended to read:
776	215.5586  My Safe Florida Home Program.-There is
777	established within the Department of Financial Services the My
778	Safe Florida Home Program. The department shall provide fiscal
779	accountability, contract management, and strategic leadership
780	for the program, consistent with this section. This section does
781	not create an entitlement for property owners or obligate the
782	state in any way to fund the inspection or retrofitting of
783	residential property in this state. Implementation of this
784	program is subject to annual legislative appropriations. It is
785	the intent of the Legislature that the My Safe Florida Home
786	Program provide trained and certified inspectors to perform
787	inspections for owners of site-built, single-family, residential
788	properties and grants to eligible applicants as funding allows.
789	The program shall develop and implement a comprehensive and
790	coordinated approach for hurricane damage mitigation that may
791	include the following:
792	(2)  MITIGATION GRANTS.-Financial grants shall be used to
793	encourage single-family, site-built, owner-occupied, residential
794	property owners to retrofit their properties to make them less
795	vulnerable to hurricane damage.
796	(a)  For a homeowner to be eligible for a grant, the
797	following criteria must be met:
798	1.  The homeowner must have been granted a homestead
799	exemption on the home under chapter 196.
800	2.  The home must be a dwelling with an insured value of
801	$300,000 or less. Homeowners who are low-income persons, as
802	defined in s. 420.0004(11)(10), are exempt from this
803	requirement.
804	3.  The home must have undergone an acceptable hurricane
805	mitigation inspection after May 1, 2007.
806	4.  The home must be located in the "wind-borne debris
807	region" as that term is defined in s. 1609.2, International
808	Building Code (2006), or as subsequently amended.
809	5.  The building permit application for initial
810	construction of the home must have been made before March 1,
811	2002.
812
813	An application for a grant must contain a signed or
814	electronically verified statement made under penalty of perjury
815	that the applicant has submitted only a single application and
816	must have attached documents demonstrating the applicant meets
817	the requirements of this paragraph.
818	(g)  Low-income homeowners, as defined in s.
819	420.0004(11)(10), who otherwise meet the requirements of
820	paragraphs (a), (c), (e), and (f) are eligible for a grant of up
821	to $5,000 and are not required to provide a matching amount to
822	receive the grant. Additionally, for low-income homeowners,
823	grant funding may be used for repair to existing structures
824	leading to any of the mitigation improvements provided in
825	paragraph (e), limited to 20 percent of the grant value. The
826	program may accept a certification directly from a low-income
827	homeowner that the homeowner meets the requirements of s.
828	420.0004(11)(10) if the homeowner provides such certification in
829	a signed or electronically verified statement made under penalty
830	of perjury.
831	Section 16.  Subsection (19) of section 420.503, Florida
832	Statutes, is amended to read:
833	420.503  Definitions.-As used in this part, the term:
834	(19)  "Housing for the elderly" means, for purposes of s.
835	420.5087(3)(e)(d), any nonprofit housing community that is
836	financed by a mortgage loan made or insured by the United States
837	Department of Housing and Urban Development under s. 202, s. 202
838	with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
839	National Housing Act, as amended, and that is subject to income
840	limitations established by the United States Department of
841	Housing and Urban Development, or any program funded by the
842	Rural Development Agency of the United States Department of
843	Agriculture and subject to income limitations established by the
844	United States Department of Agriculture. A project which
845	qualifies for an exemption under the Fair Housing Act as housing
846	for older persons as defined by s. 760.29(4) shall qualify as
847	housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
848	for purposes of any loans made pursuant to s. 420.508. In
849	addition, if the corporation adopts a qualified allocation plan
850	pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
851	other rules that prioritize projects targeting the elderly for
852	purposes of allocating tax credits pursuant to s. 420.5099 or
853	for purposes of the HOME program under s. 420.5089, a project
854	which qualifies for an exemption under the Fair Housing Act as
855	housing for older persons as defined by s. 760.29(4) shall
856	qualify as a project targeted for the elderly, if the project
857	satisfies the other requirements set forth in this part.
858	Section 17.  (1)  The Legislature finds that due to the
859	current economic conditions in the housing market there is a
860	critical need to rehabilitate or sell excess inventory of unsold
861	homes, including foreclosed homes and newly constructed homes,
862	as well as a critical need for the rehabilitation and
863	preservation of older, affordable apartments. The Legislature
864	further finds that there is a critical need to create housing-
865	related jobs and that these conditions require the targeting of
866	state and local housing trust fund moneys to assist in the sale
867	or rehabilitation of existing homes and the preservation and
868	rehabilitation of older rental apartments.
869	(2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
870	420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
871	(5)(b), Florida Statutes, funds from the State Housing Trust
872	Fund or the Local Government Housing Trust Fund that are
873	appropriated for use in the State Apartment Incentive Loan
874	Program, Florida Homeownership Assistance Program, Community
875	Workforce Housing Innovation Pilot Program, or the State Housing
876	Initiatives Partnership Program may not be used to:
877	(a)  Finance or otherwise assist the construction or
878	purchase of housing sold to eligible individuals, unless the
879	housing unit being sold had an initial certificate of occupancy
880	prior to December 31, 2009; or
881	(b)  Finance or otherwise assist in the construction or
882	purchase of rental housing, unless the development being
883	financed or assisted received its initial certificate of
884	occupancy prior to December 31, 1995.
885
886	Nothing in this section restricts the use of such funds to
887	assist with the purchase of newly constructed homes that were
888	completed prior to December 31, 2009, or the acquisition and
889	rehabilitation of apartments that received their initial
890	certificate of occupancy prior to December 31, 1995. The use of
891	such funds is subject to the restrictions of the program under
892	which the funding is made available.
893	(3)  This section expires July 1, 2011.
894	Section 18.  This act shall take effect July 1, 2010.

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