Florida Senate - 2011 SB 176 By Senator Bennett 21-00285A-11 2011176__ 1 A bill to be entitled 2 An act relating to affordable housing; reenacting s. 3 159.807(4), F.S., relating to the state allocation 4 pool used to confirm private activity bonds; 5 reenacting s. 193.018, F.S., relating to lands that 6 are owned by a community land trust and used to 7 provide affordable housing; reenacting s. 196.196(5), 8 F.S., relating to a tax exemption provided to 9 organizations that provide low-income housing; 10 reenacting s. 196.1978, F.S., relating to a property 11 exemption for affordable housing owned by a nonprofit 12 entity; reenacting s. 212.055(2)(d), F.S., relating to 13 the use of a local government infrastructure surtax; 14 reenacting s. 163.3202(2), F.S., relating to 15 requirements for local land development regulations; 16 reenacting s. 420.503(25), F.S., relating to a 17 definition under the Florida Housing Finance 18 Corporation Act; reenacting s. 420.507(47), F.S., 19 relating to powers of the corporation to select 20 developers and general contractors; reenacting s. 21 420.5087(6)(c) and (l), F.S., relating to the State 22 Apartment Incentive Loan Program; reenacting s. 23 420.622(5), F.S., relating to the State Office on 24 Homelessness; reenacting s. 420.628, F.S., relating to 25 affordable housing for children and young adults 26 leaving foster care; reenacting s. 420.9071(4), (8), 27 (16), (25), (29), and (30), F.S., relating to 28 definitions under the State Housing Initiatives 29 Partnership Act; reenacting s. 420.9072(6) and (7), 30 F.S., relating to the distribution of funds under the 31 State Housing Initiatives Partnership Program; 32 reenacting s. 420.9073(1), (2), (5), (6), and (7), 33 F.S., relating to distributions of local housing 34 funds; reenacting s. 420.9075(1), (3), (5), (8), 35 (10)(a) and (h), (13)(b), and (14), F.S., relating to 36 local housing assistance plans; reenacting s. 37 420.9076(2)(h), (5), (6), and (7)(a), F.S., relating 38 to the adoption of affordable housing incentive 39 strategies by the governing board of a county or 40 municipality; repealing s. 420.9078, F.S., relating to 41 the state administration of funds remaining in the 42 Local Government Housing Trust Fund; reenacting s. 43 420.9079, F.S., relating to the Local Government 44 Housing Trust Fund; reenacting s. 1001.43(12), F.S., 45 relating to the use by school districts of certain 46 lands for affordable housing; providing for 47 retroactive operation of the act with respect to 48 provisions of law amended, created, or repealed by 49 chapter 2009-96, Laws of Florida; providing for an 50 exception under specified circumstances; providing an 51 effective date. 52 53 WHEREAS, the Florida Legislature enacted Senate Bill 360 in 54 2009 for important public policy purposes, and 55 WHEREAS, litigation has called into question the 56 constitutional validity of this important piece of legislation, 57 and 58 WHEREAS, the Legislature wishes to protect those who relied 59 on the changes made by Senate Bill 360 and to preserve the 60 Florida Statutes intact and cure any alleged constitutional 61 violation, NOW, THEREFORE, 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Subsection (4) of section 159.807, Florida 66 Statutes, is reenacted to read: 67 159.807 State allocation pool.— 68 (4)(a) The state allocation pool shall also be used to 69 provide written confirmations for private activity bonds that 70 are to be issued by state agencies, which bonds, notwithstanding 71 any other provisions of this part, shall receive priority in the 72 use of the pool available at the time the notice of intent to 73 issue such bonds is filed with the division. 74 (b) Notwithstanding the provisions of paragraph (a), on or 75 before November 15 of each year, the Florida Housing Finance 76 Corporation’s access to the state allocation pool is limited to 77 the amount of the corporation’s initial allocation under s. 78 159.804. Thereafter, the corporation may not receive more than 79 80 percent of the amount in the state allocation pool on 80 November 16 of each year, and may not receive more than 80 81 percent of any additional amounts that become available during 82 each year. The limitations of this paragraph do not apply to the 83 distribution of the unused allocation of the state volume 84 limitation to the Florida Housing Finance Corporation under s. 85 159.81(2)(b), (c), and (d). 86 Section 2. Section 193.018, Florida Statutes, is reenacted 87 to read: 88 193.018 Land owned by a community land trust used to 89 provide affordable housing; assessment; structural improvements, 90 condominium parcels, and cooperative parcels.— 91 (1) As used in this section, the term “community land 92 trust” means a nonprofit entity that is qualified as charitable 93 under s. 501(c)(3) of the Internal Revenue Code and has as one 94 of its purposes the acquisition of land to be held in perpetuity 95 for the primary purpose of providing affordable homeownership. 96 (2) A community land trust may convey structural 97 improvements, condominium parcels, or cooperative parcels, that 98 are located on specific parcels of land that are identified by a 99 legal description contained in and subject to a ground lease 100 having a term of at least 99 years, for the purpose of providing 101 affordable housing to natural persons or families who meet the 102 extremely-low-income, very-low-income, low-income, or moderate 103 income limits specified in s. 420.0004, or the income limits for 104 workforce housing, as defined in s. 420.5095(3). A community 105 land trust shall retain a preemptive option to purchase any 106 structural improvements, condominium parcels, or cooperative 107 parcels on the land at a price determined by a formula specified 108 in the ground lease which is designed to ensure that the 109 structural improvements, condominium parcels, or cooperative 110 parcels remain affordable. 111 (3) In arriving at just valuation under s. 193.011, a 112 structural improvement, condominium parcel, or cooperative 113 parcel providing affordable housing on land owned by a community 114 land trust, and the land owned by a community land trust that is 115 subject to a 99-year or longer ground lease, shall be assessed 116 using the following criteria: 117 (a) The amount a willing purchaser would pay a willing 118 seller for the land is limited to an amount commensurate with 119 the terms of the ground lease that restricts the use of the land 120 to the provision of affordable housing in perpetuity. 121 (b) The amount a willing purchaser would pay a willing 122 seller for resale-restricted improvements, condominium parcels, 123 or cooperative parcels is limited to the amount determined by 124 the formula in the ground lease. 125 (c) If the ground lease and all amendments and supplements 126 thereto, or a memorandum documenting how such lease and 127 amendments or supplements restrict the price at which the 128 improvements, condominium parcels, or cooperative parcels may be 129 sold, is recorded in the official public records of the county 130 in which the leased land is located, the recorded lease and any 131 amendments and supplements, or the recorded memorandum, shall be 132 deemed a land use regulation during the term of the lease as 133 amended or supplemented. 134 Section 3. Subsection (5) of section 196.196, Florida 135 Statutes, is reenacted to read: 136 196.196 Determining whether property is entitled to 137 charitable, religious, scientific, or literary exemption.— 138 (5)(a) Property owned by an exempt organization qualified 139 as charitable under s. 501(c)(3) of the Internal Revenue Code is 140 used for a charitable purpose if the organization has taken 141 affirmative steps to prepare the property to provide affordable 142 housing to persons or families that meet the extremely-low 143 income, very-low-income, low-income, or moderate-income limits, 144 as specified in s. 420.0004. The term “affirmative steps” means 145 environmental or land use permitting activities, creation of 146 architectural plans or schematic drawings, land clearing or site 147 preparation, construction or renovation activities, or other 148 similar activities that demonstrate a commitment of the property 149 to providing affordable housing. 150 (b)1. If property owned by an organization granted an 151 exemption under this subsection is transferred for a purpose 152 other than directly providing affordable homeownership or rental 153 housing to persons or families who meet the extremely-low 154 income, very-low-income, low-income, or moderate-income limits, 155 as specified in s. 420.0004, or is not in actual use to provide 156 such affordable housing within 5 years after the date the 157 organization is granted the exemption, the property appraiser 158 making such determination shall serve upon the organization that 159 illegally or improperly received the exemption a notice of 160 intent to record in the public records of the county a notice of 161 tax lien against any property owned by that organization in the 162 county, and such property shall be identified in the notice of 163 tax lien. The organization owning such property is subject to 164 the taxes otherwise due and owing as a result of the failure to 165 use the property to provide affordable housing plus 15 percent 166 interest per annum and a penalty of 50 percent of the taxes 167 owed. 168 2. Such lien, when filed, attaches to any property 169 identified in the notice of tax lien owned by the organization 170 that illegally or improperly received the exemption. If such 171 organization no longer owns property in the county but owns 172 property in any other county in the state, the property 173 appraiser shall record in each such other county a notice of tax 174 lien identifying the property owned by such organization in such 175 county which shall become a lien against the identified 176 property. Before any such lien may be filed, the organization so 177 notified must be given 30 days to pay the taxes, penalties, and 178 interest. 179 3. If an exemption is improperly granted as a result of a 180 clerical mistake or an omission by the property appraiser, the 181 organization improperly receiving the exemption shall not be 182 assessed a penalty or interest. 183 4. The 5-year limitation specified in this subsection may 184 be extended if the holder of the exemption continues to take 185 affirmative steps to develop the property for the purposes 186 specified in this subsection. 187 Section 4. Section 196.1978, Florida Statutes, is reenacted 188 to read: 189 196.1978 Affordable housing property exemption.—Property 190 used to provide affordable housing serving eligible persons as 191 defined by s. 159.603(7) and natural persons or families meeting 192 the extremely-low-income, very-low-income, low-income, or 193 moderate-income limits specified in s. 420.0004, which property 194 is owned entirely by a nonprofit entity that is a corporation 195 not for profit, qualified as charitable under s. 501(c)(3) of 196 the Internal Revenue Code and in compliance with Rev. Proc. 96 197 32, 1996-1 C.B. 717, or a Florida-based limited partnership, the 198 sole general partner of which is a corporation not for profit 199 which is qualified as charitable under s. 501(c)(3) of the 200 Internal Revenue Code and which complies with Rev. Proc. 96-32, 201 1996-1 C.B. 717, shall be considered property owned by an exempt 202 entity and used for a charitable purpose, and those portions of 203 the affordable housing property which provide housing to natural 204 persons or families classified as extremely low income, very low 205 income, low income, or moderate income under s. 420.0004 shall 206 be exempt from ad valorem taxation to the extent authorized in 207 s. 196.196. All property identified in this section shall comply 208 with the criteria for determination of exempt status to be 209 applied by property appraisers on an annual basis as defined in 210 s. 196.195. The Legislature intends that any property owned by a 211 limited liability company or limited partnership which is 212 disregarded as an entity for federal income tax purposes 213 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be 214 treated as owned by its sole member or sole general partner. 215 Section 5. Paragraph (d) of subsection (2) of section 216 212.055, Florida Statutes, is reenacted to read: 217 212.055 Discretionary sales surtaxes; legislative intent; 218 authorization and use of proceeds.—It is the legislative intent 219 that any authorization for imposition of a discretionary sales 220 surtax shall be published in the Florida Statutes as a 221 subsection of this section, irrespective of the duration of the 222 levy. Each enactment shall specify the types of counties 223 authorized to levy; the rate or rates which may be imposed; the 224 maximum length of time the surtax may be imposed, if any; the 225 procedure which must be followed to secure voter approval, if 226 required; the purpose for which the proceeds may be expended; 227 and such other requirements as the Legislature may provide. 228 Taxable transactions and administrative procedures shall be as 229 provided in s. 212.054. 230 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— 231 (d) The proceeds of the surtax authorized by this 232 subsection and any accrued interest shall be expended by the 233 school district, within the county and municipalities within the 234 county, or, in the case of a negotiated joint county agreement, 235 within another county, to finance, plan, and construct 236 infrastructure; to acquire land for public recreation, 237 conservation, or protection of natural resources; or to finance 238 the closure of county-owned or municipally owned solid waste 239 landfills that have been closed or are required to be closed by 240 order of the Department of Environmental Protection. Any use of 241 the proceeds or interest for purposes of landfill closure before 242 July 1, 1993, is ratified. The proceeds and any interest may not 243 be used for the operational expenses of infrastructure, except 244 that a county that has a population of fewer than 75,000 and 245 that is required to close a landfill may use the proceeds or 246 interest for long-term maintenance costs associated with 247 landfill closure. Counties, as defined in s. 125.011, and 248 charter counties may, in addition, use the proceeds or interest 249 to retire or service indebtedness incurred for bonds issued 250 before July 1, 1987, for infrastructure purposes, and for bonds 251 subsequently issued to refund such bonds. Any use of the 252 proceeds or interest for purposes of retiring or servicing 253 indebtedness incurred for refunding bonds before July 1, 1999, 254 is ratified. 255 1. For the purposes of this paragraph, the term 256 “infrastructure” means: 257 a. Any fixed capital expenditure or fixed capital outlay 258 associated with the construction, reconstruction, or improvement 259 of public facilities that have a life expectancy of 5 or more 260 years and any related land acquisition, land improvement, 261 design, and engineering costs. 262 b. A fire department vehicle, an emergency medical service 263 vehicle, a sheriff’s office vehicle, a police department 264 vehicle, or any other vehicle, and the equipment necessary to 265 outfit the vehicle for its official use or equipment that has a 266 life expectancy of at least 5 years. 267 c. Any expenditure for the construction, lease, or 268 maintenance of, or provision of utilities or security for, 269 facilities, as defined in s. 29.008. 270 d. Any fixed capital expenditure or fixed capital outlay 271 associated with the improvement of private facilities that have 272 a life expectancy of 5 or more years and that the owner agrees 273 to make available for use on a temporary basis as needed by a 274 local government as a public emergency shelter or a staging area 275 for emergency response equipment during an emergency officially 276 declared by the state or by the local government under s. 277 252.38. Such improvements are limited to those necessary to 278 comply with current standards for public emergency evacuation 279 shelters. The owner must enter into a written contract with the 280 local government providing the improvement funding to make the 281 private facility available to the public for purposes of 282 emergency shelter at no cost to the local government for a 283 minimum of 10 years after completion of the improvement, with 284 the provision that the obligation will transfer to any 285 subsequent owner until the end of the minimum period. 286 e. Any land acquisition expenditure for a residential 287 housing project in which at least 30 percent of the units are 288 affordable to individuals or families whose total annual 289 household income does not exceed 120 percent of the area median 290 income adjusted for household size, if the land is owned by a 291 local government or by a special district that enters into a 292 written agreement with the local government to provide such 293 housing. The local government or special district may enter into 294 a ground lease with a public or private person or entity for 295 nominal or other consideration for the construction of the 296 residential housing project on land acquired pursuant to this 297 sub-subparagraph. 298 2. Notwithstanding any other provision of this subsection, 299 a local government infrastructure surtax imposed or extended 300 after July 1, 1998, may allocate up to 15 percent of the surtax 301 proceeds for deposit in a trust fund within the county’s 302 accounts created for the purpose of funding economic development 303 projects having a general public purpose of improving local 304 economies, including the funding of operational costs and 305 incentives related to economic development. The ballot statement 306 must indicate the intention to make an allocation under the 307 authority of this subparagraph. 308 Section 6. Subsection (2) of section 163.3202, Florida 309 Statutes, is reenacted to read: 310 163.3202 Land development regulations.— 311 (2) Local land development regulations shall contain 312 specific and detailed provisions necessary or desirable to 313 implement the adopted comprehensive plan and shall at a minimum: 314 (a) Regulate the subdivision of land. 315 (b) Regulate the use of land and water for those land use 316 categories included in the land use element and ensure the 317 compatibility of adjacent uses and provide for open space. 318 (c) Provide for protection of potable water wellfields. 319 (d) Regulate areas subject to seasonal and periodic 320 flooding and provide for drainage and stormwater management. 321 (e) Ensure the protection of environmentally sensitive 322 lands designated in the comprehensive plan. 323 (f) Regulate signage. 324 (g) Provide that public facilities and services meet or 325 exceed the standards established in the capital improvements 326 element required by s. 163.3177 and are available when needed 327 for the development, or that development orders and permits are 328 conditioned on the availability of these public facilities and 329 services necessary to serve the proposed development. A local 330 government may not issue a development order or permit that 331 results in a reduction in the level of services for the affected 332 public facilities below the level of services provided in the 333 local government’s comprehensive plan. 334 (h) Ensure safe and convenient onsite traffic flow, 335 considering needed vehicle parking. 336 (i) Maintain the existing density of residential properties 337 or recreational vehicle parks if the properties are intended for 338 residential use and are located in the unincorporated areas that 339 have sufficient infrastructure, as determined by a local 340 governing authority, and are not located within a coastal high 341 hazard area under s. 163.3178. 342 Section 7. Subsection (25) of section 420.503, Florida 343 Statutes, is reenacted to read: 344 420.503 Definitions.—As used in this part, the term: 345 (25) “Moderate rehabilitation” means repair or restoration 346 of a dwelling unit when the value of such repair or restoration 347 is 40 percent or less of the value of the dwelling unit but not 348 less than $10,000. 349 Section 8. Subsection (47) of section 420.507, Florida 350 Statutes, is reenacted to read: 351 420.507 Powers of the corporation.—The corporation shall 352 have all the powers necessary or convenient to carry out and 353 effectuate the purposes and provisions of this part, including 354 the following powers which are in addition to all other powers 355 granted by other provisions of this part: 356 (47) To provide by rule in connection with any corporation 357 competitive program, criteria establishing a preference for 358 developers and general contractors domiciled in this state and 359 for developers and general contractors, regardless of domicile, 360 who have substantial experience in developing or building 361 affordable housing through the corporation’s programs. 362 (a) In evaluating whether a developer or general contractor 363 is domiciled in this state, the corporation shall consider 364 whether the developer’s or general contractor’s principal office 365 is located in this state and whether a majority of the 366 developer’s or general contractor’s principals and financial 367 beneficiaries reside in Florida. 368 (b) In evaluating whether a developer or general contractor 369 has substantial experience, the corporation shall consider 370 whether the developer or general contractor has completed at 371 least five developments using funds either provided by or 372 administered by the corporation. 373 Section 9. Paragraphs (c) and (l) of subsection (6) of 374 section 420.5087, Florida Statutes, are reenacted to read: 375 420.5087 State Apartment Incentive Loan Program.—There is 376 hereby created the State Apartment Incentive Loan Program for 377 the purpose of providing first, second, or other subordinated 378 mortgage loans or loan guarantees to sponsors, including for 379 profit, nonprofit, and public entities, to provide housing 380 affordable to very-low-income persons. 381 (6) On all state apartment incentive loans, except loans 382 made to housing communities for the elderly to provide for 383 lifesafety, building preservation, health, sanitation, or 384 security-related repairs or improvements, the following 385 provisions shall apply: 386 (c) The corporation shall provide by rule for the 387 establishment of a review committee composed of the department 388 and corporation staff and shall establish by rule a scoring 389 system for evaluation and competitive ranking of applications 390 submitted in this program, including, but not limited to, the 391 following criteria: 392 1. Tenant income and demographic targeting objectives of 393 the corporation. 394 2. Targeting objectives of the corporation which will 395 ensure an equitable distribution of loans between rural and 396 urban areas. 397 3. Sponsor’s agreement to reserve the units for persons or 398 families who have incomes below 50 percent of the state or local 399 median income, whichever is higher, for a time period to exceed 400 the minimum required by federal law or the provisions of this 401 part. 402 4. Sponsor’s agreement to reserve more than: 403 a. Twenty percent of the units in the project for persons 404 or families who have incomes that do not exceed 50 percent of 405 the state or local median income, whichever is higher; or 406 b. Forty percent of the units in the project for persons or 407 families who have incomes that do not exceed 60 percent of the 408 state or local median income, whichever is higher, without 409 requiring a greater amount of the loans as provided in this 410 section. 411 5. Provision for tenant counseling. 412 6. Sponsor’s agreement to accept rental assistance 413 certificates or vouchers as payment for rent. 414 7. Projects requiring the least amount of a state apartment 415 incentive loan compared to overall project cost except that the 416 share of the loan attributable to units serving extremely-low 417 income persons shall be excluded from this requirement. 418 8. Local government contributions and local government 419 comprehensive planning and activities that promote affordable 420 housing. 421 9. Project feasibility. 422 10. Economic viability of the project. 423 11. Commitment of first mortgage financing. 424 12. Sponsor’s prior experience, including whether the 425 developer and general contractor have substantial experience, as 426 provided in s. 420.507(47). 427 13. Sponsor’s ability to proceed with construction. 428 14. Projects that directly implement or assist welfare-to 429 work transitioning. 430 15. Projects that reserve units for extremely-low-income 431 persons. 432 16. Projects that include green building principles, storm 433 resistant construction, or other elements that reduce long-term 434 costs relating to maintenance, utilities, or insurance. 435 17. Domicile of the developer and general contractor, as 436 provided in s. 420.507(47). 437 (l) The proceeds of all loans shall be used for new 438 construction, moderate rehabilitation, or substantial 439 rehabilitation which creates or preserves affordable, safe, and 440 sanitary housing units. 441 Section 10. Subsection (5) of section 420.622, Florida 442 Statutes, is reenacted to read: 443 420.622 State Office on Homelessness; Council on 444 Homelessness.— 445 (5) The State Office on Homelessness, with the concurrence 446 of the Council on Homelessness, may administer moneys 447 appropriated to it to provide homeless housing assistance grants 448 annually to lead agencies for local homeless assistance 449 continuum of care, as recognized by the State Office on 450 Homelessness, to acquire, construct, or rehabilitate 451 transitional or permanent housing units for homeless persons. 452 These moneys shall consist of any sums that the state may 453 appropriate, as well as money received from donations, gifts, 454 bequests, or otherwise from any public or private source, which 455 are intended to acquire, construct, or rehabilitate transitional 456 or permanent housing units for homeless persons. 457 (a) Grant applicants shall be ranked competitively. 458 Preference must be given to applicants who leverage additional 459 private funds and public funds, particularly federal funds 460 designated for the acquisition, construction, or rehabilitation 461 of transitional or permanent housing for homeless persons; who 462 acquire, build, or rehabilitate the greatest number of units; 463 and who acquire, build, or rehabilitate in catchment areas 464 having the greatest need for housing for the homeless relative 465 to the population of the catchment area. 466 (b) Funding for any particular project may not exceed 467 $750,000. 468 (c) Projects must reserve, for a minimum of 10 years, the 469 number of units acquired, constructed, or rehabilitated through 470 homeless housing assistance grant funding to serve persons who 471 are homeless at the time they assume tenancy. 472 (d) No more than two grants may be awarded annually in any 473 given local homeless assistance continuum of care catchment 474 area. 475 (e) A project may not be funded which is not included in 476 the local homeless assistance continuum of care plan, as 477 recognized by the State Office on Homelessness, for the 478 catchment area in which the project is located. 479 (f) The maximum percentage of funds that the State Office 480 on Homelessness and each applicant may spend on administrative 481 costs is 5 percent. 482 Section 11. Section 420.628, Florida Statutes, is reenacted 483 to read: 484 420.628 Affordable housing for children and young adults 485 leaving foster care; legislative findings and intent.— 486 (1)(a) The Legislature finds that there are many young 487 adults who, through no fault of their own, live in foster 488 families, group homes, and institutions, and face numerous 489 barriers to a successful transition to adulthood. Young adults 490 who are leaving the child welfare system may enter adulthood 491 lacking the knowledge, skills, attitudes, habits, and 492 relationships that will enable them to become productive members 493 of society. 494 (b) The Legislature further finds that the main barriers to 495 safe and affordable housing for such young adults are cost, lack 496 of availability, the unwillingness of landlords to rent to such 497 youth due to perceived regulatory barriers, and a lack of 498 knowledge about how to be a good tenant. These barriers cause 499 young adults to be at risk of becoming homeless. 500 (c) The Legislature also finds that young adults who leave 501 the child welfare system are disproportionately represented in 502 the homeless population. Without the stability of safe and 503 affordable housing, all other services, training, and 504 opportunities provided to such young adults may not be 505 effective. Making affordable housing available will decrease the 506 chance of homelessness and may increase the ability of such 507 young adults to live independently. 508 (d) The Legislature intends that the Florida Housing 509 Finance Corporation, agencies within the State Housing 510 Initiative Partnership Program, local housing finance agencies, 511 public housing authorities, and their agents, and other 512 providers of affordable housing coordinate with the Department 513 of Children and Family Services, their agents, and community 514 based care providers who provide services under s. 409.1671 to 515 develop and implement strategies and procedures designed to make 516 affordable housing available whenever and wherever possible to 517 young adults who leave the child welfare system. 518 (2) Young adults who leave the child welfare system meet 519 the definition of eligible persons under ss. 420.503(17) and 520 420.9071(10) for affordable housing, and are encouraged to 521 participate in federal, state, and local affordable housing 522 programs. Students deemed to be eligible occupants under 26 523 U.S.C. s. 42(i)(3)(D) shall be considered eligible persons for 524 purposes of all projects funded under this chapter. 525 Section 12. Subsections (4), (8), (16), (25), (29), and 526 (30) of section 420.9071, Florida Statutes, are reenacted to 527 read: 528 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 529 term: 530 (4) “Annual gross income” means annual income as defined 531 under the Section 8 housing assistance payments programs in 24 532 C.F.R. part 5; annual income as reported under the census long 533 form for the recent available decennial census; or adjusted 534 gross income as defined for purposes of reporting under Internal 535 Revenue Service Form 1040 for individual federal annual income 536 tax purposes or as defined by standard practices used in the 537 lending industry as detailed in the local housing assistance 538 plan and approved by the corporation. Counties and eligible 539 municipalities shall calculate income by annualizing verified 540 sources of income for the household as the amount of income to 541 be received in a household during the 12 months following the 542 effective date of the determination. 543 (8) “Eligible housing” means any real and personal property 544 located within the county or the eligible municipality which is 545 designed and intended for the primary purpose of providing 546 decent, safe, and sanitary residential units that are designed 547 to meet the standards of the Florida Building Code or previous 548 building codes adopted under chapter 553, or manufactured 549 housing constructed after June 1994 and installed in accordance 550 with the installation standards for mobile or manufactured homes 551 contained in rules of the Department of Highway Safety and Motor 552 Vehicles, for home ownership or rental for eligible persons as 553 designated by each county or eligible municipality participating 554 in the State Housing Initiatives Partnership Program. 555 (16) “Local housing incentive strategies” means local 556 regulatory reform or incentive programs to encourage or 557 facilitate affordable housing production, which include at a 558 minimum, assurance that permits as defined in s. 163.3164(7) and 559 (8) for affordable housing projects are expedited to a greater 560 degree than other projects; an ongoing process for review of 561 local policies, ordinances, regulations, and plan provisions 562 that increase the cost of housing prior to their adoption; and a 563 schedule for implementing the incentive strategies. Local 564 housing incentive strategies may also include other regulatory 565 reforms, such as those enumerated in s. 420.9076 or those 566 recommended by the affordable housing advisory committee in its 567 triennial evaluation of the implementation of affordable housing 568 incentives, and adopted by the local governing body. 569 (25) “Recaptured funds” means funds that are recouped by a 570 county or eligible municipality in accordance with the recapture 571 provisions of its local housing assistance plan pursuant to s. 572 420.9075(5)(h) from eligible persons or eligible sponsors, which 573 funds were not used for assistance to an eligible household for 574 an eligible activity, when there is a default on the terms of a 575 grant award or loan award. 576 (29) “Assisted housing” or “assisted housing development” 577 means a rental housing development, including rental housing in 578 a mixed-use development, that received or currently receives 579 funding from any federal or state housing program. 580 (30) “Preservation” means actions taken to keep rents in 581 existing assisted housing affordable for extremely-low-income, 582 very-low-income, low-income, and moderate-income households 583 while ensuring that the property stays in good physical and 584 financial condition for an extended period. 585 Section 13. Subsections (6) and (7) of section 420.9072, 586 Florida Statutes, are reenacted to read: 587 420.9072 State Housing Initiatives Partnership Program.—The 588 State Housing Initiatives Partnership Program is created for the 589 purpose of providing funds to counties and eligible 590 municipalities as an incentive for the creation of local housing 591 partnerships, to expand production of and preserve affordable 592 housing, to further the housing element of the local government 593 comprehensive plan specific to affordable housing, and to 594 increase housing-related employment. 595 (6) The moneys that otherwise would be distributed pursuant 596 to s. 420.9073 to a local government that does not meet the 597 program’s requirements for receipts of such distributions shall 598 remain in the Local Government Housing Trust Fund to be 599 administered by the corporation. 600 (7) A county or an eligible municipality must expend its 601 portion of the local housing distribution only to implement a 602 local housing assistance plan or as provided in this subsection. 603 (a) A county or an eligible municipality may not expend its 604 portion of the local housing distribution to provide rent 605 subsidies; however, this does not prohibit the use of funds for 606 security and utility deposit assistance. 607 (b) A county or an eligible municipality may expend a 608 portion of the local housing distribution to provide a one-time 609 relocation grant to persons who meet the income requirements of 610 the State Housing Initiatives Partnership Program and who are 611 subject to eviction from rental property located in the county 612 or eligible municipality due to the foreclosure of the rental 613 property. In order to receive a grant under this paragraph, a 614 person must provide the county or eligible municipality with 615 proof of meeting the income requirements of a very-low-income 616 household, a low-income household, or a moderate-income 617 household; a notice of eviction; and proof that the rent has 618 been paid for at least 3 months before the date of eviction, 619 including the month that the notice of eviction was served. 620 Relocation assistance under this paragraph is limited to a one 621 time grant of not more than $5,000 and is not limited to persons 622 who are subject to eviction from projects funded under the State 623 Housing Initiatives Partnership Program. This paragraph expires 624 July 1, 2010. 625 Section 14. Subsections (1), (2), (5), (6), and (7) of 626 section 420.9073, Florida Statutes, are reenacted to read: 627 420.9073 Local housing distributions.— 628 (1) Distributions calculated in this section shall be 629 disbursed on a quarterly or more frequent basis by the 630 corporation pursuant to s. 420.9072, subject to availability of 631 funds. Each county’s share of the funds to be distributed from 632 the portion of the funds in the Local Government Housing Trust 633 Fund received pursuant to s. 201.15(9) shall be calculated by 634 the corporation for each fiscal year as follows: 635 (a) Each county other than a county that has implemented 636 the provisions of chapter 83-220, Laws of Florida, as amended by 637 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall 638 receive the guaranteed amount for each fiscal year. 639 (b) Each county other than a county that has implemented 640 the provisions of chapter 83-220, Laws of Florida, as amended by 641 chapters 84-270, 86-152, and 89-252, Laws of Florida, may 642 receive an additional share calculated as follows: 643 1. Multiply each county’s percentage of the total state 644 population excluding the population of any county that has 645 implemented the provisions of chapter 83-220, Laws of Florida, 646 as amended by chapters 84-270, 86-152, and 89-252, Laws of 647 Florida, by the total funds to be distributed. 648 2. If the result in subparagraph 1. is less than the 649 guaranteed amount as determined in subsection (3), that county’s 650 additional share shall be zero. 651 3. For each county in which the result in subparagraph 1. 652 is greater than the guaranteed amount as determined in 653 subsection (3), the amount calculated in subparagraph 1. shall 654 be reduced by the guaranteed amount. The result for each such 655 county shall be expressed as a percentage of the amounts so 656 determined for all counties. Each such county shall receive an 657 additional share equal to such percentage multiplied by the 658 total funds received by the Local Government Housing Trust Fund 659 pursuant to s. 201.15(9) reduced by the guaranteed amount paid 660 to all counties. 661 (2) Distributions calculated in this section shall be 662 disbursed on a quarterly or more frequent basis by the 663 corporation pursuant to s. 420.9072, subject to availability of 664 funds. Each county’s share of the funds to be distributed from 665 the portion of the funds in the Local Government Housing Trust 666 Fund received pursuant to s. 201.15(10) shall be calculated by 667 the corporation for each fiscal year as follows: 668 (a) Each county shall receive the guaranteed amount for 669 each fiscal year. 670 (b) Each county may receive an additional share calculated 671 as follows: 672 1. Multiply each county’s percentage of the total state 673 population, by the total funds to be distributed. 674 2. If the result in subparagraph 1. is less than the 675 guaranteed amount as determined in subsection (3), that county’s 676 additional share shall be zero. 677 3. For each county in which the result in subparagraph 1. 678 is greater than the guaranteed amount, the amount calculated in 679 subparagraph 1. shall be reduced by the guaranteed amount. The 680 result for each such county shall be expressed as a percentage 681 of the amounts so determined for all counties. Each such county 682 shall receive an additional share equal to this percentage 683 multiplied by the total funds received by the Local Government 684 Housing Trust Fund pursuant to s. 201.15(10) as reduced by the 685 guaranteed amount paid to all counties. 686 (5) Notwithstanding subsections (1)-(4), the corporation 687 may withhold up to $5 million of the total amount distributed 688 each fiscal year from the Local Government Housing Trust Fund to 689 provide additional funding to counties and eligible 690 municipalities where a state of emergency has been declared by 691 the Governor pursuant to chapter 252. Any portion of the 692 withheld funds not distributed by the end of the fiscal year 693 shall be distributed as provided in subsections (1) and (2). 694 (6) Notwithstanding subsections (1)-(4), the corporation 695 may withhold up to $5 million from the total amount distributed 696 each fiscal year from the Local Government Housing Trust Fund to 697 provide funding to counties and eligible municipalities to 698 purchase properties subject to a State Housing Initiative 699 Partnership Program lien and on which foreclosure proceedings 700 have been initiated by any mortgagee. Each county and eligible 701 municipality that receives funds under this subsection shall 702 repay such funds to the corporation not later than the 703 expenditure deadline for the fiscal year in which the funds were 704 awarded. Amounts not repaid shall be withheld from the 705 subsequent year’s distribution. Any portion of such funds not 706 distributed under this subsection by the end of the fiscal year 707 shall be distributed as provided in subsections (1) and (2). 708 (7) A county receiving local housing distributions under 709 this section or an eligible municipality that receives local 710 housing distributions under an interlocal agreement shall expend 711 those funds in accordance with the provisions of ss. 420.907 712 420.9079, rules of the corporation, and the county’s local 713 housing assistance plan. 714 Section 15. Subsections (1), (3), (5), and (8), paragraphs 715 (a) and (h) of subsection (10), paragraph (b) of subsection 716 (13), and subsection (14) of section 420.9075, Florida Statutes, 717 are reenacted to read: 718 420.9075 Local housing assistance plans; partnerships.— 719 (1)(a) Each county or eligible municipality participating 720 in the State Housing Initiatives Partnership Program shall 721 develop and implement a local housing assistance plan created to 722 make affordable residential units available to persons of very 723 low income, low income, or moderate income and to persons who 724 have special housing needs, including, but not limited to, 725 homeless people, the elderly, migrant farmworkers, and persons 726 with disabilities. Counties or eligible municipalities may 727 include strategies to assist persons and households having 728 annual incomes of not more than 140 percent of area median 729 income. The plans are intended to increase the availability of 730 affordable residential units by combining local resources and 731 cost-saving measures into a local housing partnership and using 732 private and public funds to reduce the cost of housing. 733 (b) Local housing assistance plans may allocate funds to: 734 1. Implement local housing assistance strategies for the 735 provision of affordable housing. 736 2. Supplement funds available to the corporation to provide 737 enhanced funding of state housing programs within the county or 738 the eligible municipality. 739 3. Provide the local matching share of federal affordable 740 housing grants or programs. 741 4. Fund emergency repairs, including, but not limited to, 742 repairs performed by existing service providers under 743 weatherization assistance programs under ss. 409.509-409.5093. 744 5. Further the housing element of the local government 745 comprehensive plan adopted pursuant to s. 163.3184, specific to 746 affordable housing. 747 (3)(a) Each local housing assistance plan shall include a 748 definition of essential service personnel for the county or 749 eligible municipality, including, but not limited to, teachers 750 and educators, other school district, community college, and 751 university employees, police and fire personnel, health care 752 personnel, skilled building trades personnel, and other job 753 categories. 754 (b) Each county and each eligible municipality is 755 encouraged to develop a strategy within its local housing 756 assistance plan that emphasizes the recruitment and retention of 757 essential service personnel. The local government is encouraged 758 to involve public and private sector employers. Compliance with 759 the eligibility criteria established under this strategy shall 760 be verified by the county or eligible municipality. 761 (c) Each county and each eligible municipality is 762 encouraged to develop a strategy within its local housing 763 assistance plan that addresses the needs of persons who are 764 deprived of affordable housing due to the closure of a mobile 765 home park or the conversion of affordable rental units to 766 condominiums. 767 (d) Each county and each eligible municipality shall 768 describe initiatives in the local housing assistance plan to 769 encourage or require innovative design, green building 770 principles, storm-resistant construction, or other elements that 771 reduce long-term costs relating to maintenance, utilities, or 772 insurance. 773 (e) Each county and each eligible municipality is 774 encouraged to develop a strategy within its local housing 775 assistance plan which provides program funds for the 776 preservation of assisted housing. 777 (5) The following criteria apply to awards made to eligible 778 sponsors or eligible persons for the purpose of providing 779 eligible housing: 780 (a) At least 65 percent of the funds made available in each 781 county and eligible municipality from the local housing 782 distribution must be reserved for home ownership for eligible 783 persons. 784 (b) At least 75 percent of the funds made available in each 785 county and eligible municipality from the local housing 786 distribution must be reserved for construction, rehabilitation, 787 or emergency repair of affordable, eligible housing. 788 (c) Not more than 20 percent of the funds made available in 789 each county and eligible municipality from the local housing 790 distribution may be used for manufactured housing. 791 (d) The sales price or value of new or existing eligible 792 housing may not exceed 90 percent of the average area purchase 793 price in the statistical area in which the eligible housing is 794 located. Such average area purchase price may be that calculated 795 for any 12-month period beginning not earlier than the fourth 796 calendar year prior to the year in which the award occurs or as 797 otherwise established by the United States Department of the 798 Treasury. 799 (e)1. All units constructed, rehabilitated, or otherwise 800 assisted with the funds provided from the local housing 801 assistance trust fund must be occupied by very-low-income 802 persons, low-income persons, and moderate-income persons except 803 as otherwise provided in this section. 804 2. At least 30 percent of the funds deposited into the 805 local housing assistance trust fund must be reserved for awards 806 to very-low-income persons or eligible sponsors who will serve 807 very-low-income persons and at least an additional 30 percent of 808 the funds deposited into the local housing assistance trust fund 809 must be reserved for awards to low-income persons or eligible 810 sponsors who will serve low-income persons. This subparagraph 811 does not apply to a county or an eligible municipality that 812 includes, or has included within the previous 5 years, an area 813 of critical state concern designated or ratified by the 814 Legislature for which the Legislature has declared its intent to 815 provide affordable housing. The exemption created by this act 816 expires on July 1, 2013, and shall apply retroactively. 817 (f) Loans shall be provided for periods not exceeding 30 818 years, except for deferred payment loans or loans that extend 819 beyond 30 years which continue to serve eligible persons. 820 (g) Loans or grants for eligible rental housing 821 constructed, rehabilitated, or otherwise assisted from the local 822 housing assistance trust fund must be subject to recapture 823 requirements as provided by the county or eligible municipality 824 in its local housing assistance plan unless reserved for 825 eligible persons for 15 years or the term of the assistance, 826 whichever period is longer. Eligible sponsors that offer rental 827 housing for sale before 15 years or that have remaining 828 mortgages funded under this program must give a first right of 829 refusal to eligible nonprofit organizations for purchase at the 830 current market value for continued occupancy by eligible 831 persons. 832 (h) Loans or grants for eligible owner-occupied housing 833 constructed, rehabilitated, or otherwise assisted from proceeds 834 provided from the local housing assistance trust fund shall be 835 subject to recapture requirements as provided by the county or 836 eligible municipality in its local housing assistance plan. 837 (i) The total amount of monthly mortgage payments or the 838 amount of monthly rent charged by the eligible sponsor or her or 839 his designee must be made affordable. 840 (j) The maximum sales price or value per unit and the 841 maximum award per unit for eligible housing benefiting from 842 awards made pursuant to this section must be established in the 843 local housing assistance plan. 844 (k) The benefit of assistance provided through the State 845 Housing Initiatives Partnership Program must accrue to eligible 846 persons occupying eligible housing. This provision shall not be 847 construed to prohibit use of the local housing distribution 848 funds for a mixed income rental development. 849 (l) Funds from the local housing distribution not used to 850 meet the criteria established in paragraph (a) or paragraph (b) 851 or not used for the administration of a local housing assistance 852 plan must be used for housing production and finance activities, 853 including, but not limited to, financing preconstruction 854 activities or the purchase of existing units, providing rental 855 housing, and providing home ownership training to prospective 856 home buyers and owners of homes assisted through the local 857 housing assistance plan. 858 1. Notwithstanding the provisions of paragraphs (a) and 859 (b), program income as defined in s. 420.9071(24) may also be 860 used to fund activities described in this paragraph. 861 2. When preconstruction due-diligence activities conducted 862 as part of a preservation strategy show that preservation of the 863 units is not feasible and will not result in the production of 864 an eligible unit, such costs shall be deemed a program expense 865 rather than an administrative expense if such program expenses 866 do not exceed 3 percent of the annual local housing 867 distribution. 868 3. If both an award under the local housing assistance plan 869 and federal low-income housing tax credits are used to assist a 870 project and there is a conflict between the criteria prescribed 871 in this subsection and the requirements of s. 42 of the Internal 872 Revenue Code of 1986, as amended, the county or eligible 873 municipality may resolve the conflict by giving precedence to 874 the requirements of s. 42 of the Internal Revenue Code of 1986, 875 as amended, in lieu of following the criteria prescribed in this 876 subsection with the exception of paragraphs (a) and (e) of this 877 subsection. 878 4. Each county and each eligible municipality may award 879 funds as a grant for construction, rehabilitation, or repair as 880 part of disaster recovery or emergency repairs or to remedy 881 accessibility or health and safety deficiencies. Any other 882 grants must be approved as part of the local housing assistance 883 plan. 884 (8) Pursuant to s. 420.531, the corporation shall provide 885 training and technical assistance to local governments regarding 886 the creation of partnerships, the design of local housing 887 assistance strategies, the implementation of local housing 888 incentive strategies, and the provision of support services. 889 (10) Each county or eligible municipality shall submit to 890 the corporation by September 15 of each year a report of its 891 affordable housing programs and accomplishments through June 30 892 immediately preceding submittal of the report. The report shall 893 be certified as accurate and complete by the local government’s 894 chief elected official or his or her designee. Transmittal of 895 the annual report by a county’s or eligible municipality’s chief 896 elected official, or his or her designee, certifies that the 897 local housing incentive strategies, or, if applicable, the local 898 housing incentive plan, have been implemented or are in the 899 process of being implemented pursuant to the adopted schedule 900 for implementation. The report must include, but is not limited 901 to: 902 (a) The number of households served by income category, 903 age, family size, and race, and data regarding any special needs 904 populations such as farmworkers, homeless persons, persons with 905 disabilities, and the elderly. Counties shall report this 906 information separately for households served in the 907 unincorporated area and each municipality within the county. 908 (h) Such other data or affordable housing accomplishments 909 considered significant by the reporting county or eligible 910 municipality or by the corporation. 911 (13) 912 (b) If, as a result of its review of the annual report, the 913 corporation determines that a county or eligible municipality 914 has failed to implement a local housing incentive strategy, or, 915 if applicable, a local housing incentive plan, it shall send a 916 notice of termination of the local government’s share of the 917 local housing distribution by certified mail to the affected 918 county or eligible municipality. 919 1. The notice must specify a date of termination of the 920 funding if the affected county or eligible municipality does not 921 implement the plan or strategy and provide for a local response. 922 A county or eligible municipality shall respond to the 923 corporation within 30 days after receipt of the notice of 924 termination. 925 2. The corporation shall consider the local response that 926 extenuating circumstances precluded implementation and grant an 927 extension to the timeframe for implementation. Such an extension 928 shall be made in the form of an extension agreement that 929 provides a timeframe for implementation. The chief elected 930 official of a county or eligible municipality or his or her 931 designee shall have the authority to enter into the agreement on 932 behalf of the local government. 933 3. If the county or the eligible municipality has not 934 implemented the incentive strategy or entered into an extension 935 agreement by the termination date specified in the notice, the 936 local housing distribution share terminates, and any uncommitted 937 local housing distribution funds held by the affected county or 938 eligible municipality in its local housing assistance trust fund 939 shall be transferred to the Local Government Housing Trust Fund 940 to the credit of the corporation to administer. 941 4.a. If the affected local government fails to meet the 942 timeframes specified in the agreement, the corporation shall 943 terminate funds. The corporation shall send a notice of 944 termination of the local government’s share of the local housing 945 distribution by certified mail to the affected local government. 946 The notice shall specify the termination date, and any 947 uncommitted funds held by the affected local government shall be 948 transferred to the Local Government Housing Trust Fund to the 949 credit of the corporation to administer. 950 b. If the corporation terminates funds to a county, but an 951 eligible municipality receiving a local housing distribution 952 pursuant to an interlocal agreement maintains compliance with 953 program requirements, the corporation shall thereafter 954 distribute directly to the participating eligible municipality 955 its share calculated in the manner provided in s. 420.9072. 956 c. Any county or eligible municipality whose local 957 distribution share has been terminated may subsequently elect to 958 receive directly its local distribution share by adopting the 959 ordinance, resolution, and local housing assistance plan in the 960 manner and according to the procedures provided in ss. 420.907 961 420.9079. 962 (14) If the corporation determines that a county or 963 eligible municipality has expended program funds for an 964 ineligible activity, the corporation shall require such funds to 965 be repaid to the local housing assistance trust fund. Such 966 repayment may not be made with funds from the State Housing 967 Initiatives Partnership Program. 968 Section 16. Paragraph (h) of subsection (2), subsections 969 (5) and (6), and paragraph (a) of subsection (7) of section 970 420.9076, Florida Statutes, are reenacted to read: 971 420.9076 Adoption of affordable housing incentive 972 strategies; committees.— 973 (2) The governing board of a county or municipality shall 974 appoint the members of the affordable housing advisory committee 975 by resolution. Pursuant to the terms of any interlocal 976 agreement, a county and municipality may create and jointly 977 appoint an advisory committee to prepare a joint plan. The 978 ordinance adopted pursuant to s. 420.9072 which creates the 979 advisory committee or the resolution appointing the advisory 980 committee members must provide for 11 committee members and 981 their terms. The committee must include: 982 (h) One citizen who actively serves on the local planning 983 agency pursuant to s. 163.3174. If the local planning agency is 984 comprised of the governing board of the county or municipality, 985 the governing board may appoint a designee who is knowledgeable 986 in the local planning process. 987 988 If a county or eligible municipality whether due to its small 989 size, the presence of a conflict of interest by prospective 990 appointees, or other reasonable factor, is unable to appoint a 991 citizen actively engaged in these activities in connection with 992 affordable housing, a citizen engaged in the activity without 993 regard to affordable housing may be appointed. Local governments 994 that receive the minimum allocation under the State Housing 995 Initiatives Partnership Program may elect to appoint an 996 affordable housing advisory committee with fewer than 11 997 representatives if they are unable to find representatives who 998 meet the criteria of paragraphs (a)-(k). 999 (5) The approval by the advisory committee of its local 1000 housing incentive strategies recommendations and its review of 1001 local government implementation of previously recommended 1002 strategies must be made by affirmative vote of a majority of the 1003 membership of the advisory committee taken at a public hearing. 1004 Notice of the time, date, and place of the public hearing of the 1005 advisory committee to adopt its evaluation and final local 1006 housing incentive strategies recommendations must be published 1007 in a newspaper of general paid circulation in the county. The 1008 notice must contain a short and concise summary of the 1009 evaluation and local housing incentives strategies 1010 recommendations to be considered by the advisory committee. The 1011 notice must state the public place where a copy of the 1012 evaluation and tentative advisory committee recommendations can 1013 be obtained by interested persons. The final report, evaluation, 1014 and recommendations shall be submitted to the corporation. 1015 (6) Within 90 days after the date of receipt of the 1016 evaluation and local housing incentive strategies 1017 recommendations from the advisory committee, the governing body 1018 of the appointing local government shall adopt an amendment to 1019 its local housing assistance plan to incorporate the local 1020 housing incentive strategies it will implement within its 1021 jurisdiction. The amendment must include, at a minimum, the 1022 local housing incentive strategies required under s. 1023 420.9071(16). The local government must consider the strategies 1024 specified in paragraphs (4)(a)-(k) as recommended by the 1025 advisory committee. 1026 (7) The governing board of the county or the eligible 1027 municipality shall notify the corporation by certified mail of 1028 its adoption of an amendment of its local housing assistance 1029 plan to incorporate local housing incentive strategies. The 1030 notice must include a copy of the approved amended plan. 1031 (a) If the corporation fails to receive timely the approved 1032 amended local housing assistance plan to incorporate local 1033 housing incentive strategies, a notice of termination of its 1034 share of the local housing distribution shall be sent by 1035 certified mail by the corporation to the affected county or 1036 eligible municipality. The notice of termination must specify a 1037 date of termination of the funding if the affected county or 1038 eligible municipality has not adopted an amended local housing 1039 assistance plan to incorporate local housing incentive 1040 strategies. If the county or the eligible municipality has not 1041 adopted an amended local housing assistance plan to incorporate 1042 local housing incentive strategies by the termination date 1043 specified in the notice of termination, the local distribution 1044 share terminates; and any uncommitted local distribution funds 1045 held by the affected county or eligible municipality in its 1046 local housing assistance trust fund shall be transferred to the 1047 Local Government Housing Trust Fund to the credit of the 1048 corporation to administer the local government housing program. 1049 Section 17. Section 420.9078, Florida Statutes, is 1050 repealed. 1051 Section 18. Section 420.9079, Florida Statutes, is 1052 reenacted to read: 1053 420.9079 Local Government Housing Trust Fund.— 1054 (1) There is created in the State Treasury the Local 1055 Government Housing Trust Fund, which shall be administered by 1056 the corporation on behalf of the department according to the 1057 provisions of ss. 420.907-420.9076 and this section. There shall 1058 be deposited into the fund a portion of the documentary stamp 1059 tax revenues as provided in s. 201.15, moneys received from any 1060 other source for the purposes of ss. 420.907-420.9076 and this 1061 section, and all proceeds derived from the investment of such 1062 moneys. Moneys in the fund that are not currently needed for the 1063 purposes of the programs administered pursuant to ss. 420.907 1064 420.9076 and this section shall be deposited to the credit of 1065 the fund and may be invested as provided by law. The interest 1066 received on any such investment shall be credited to the fund. 1067 (2) The corporation shall administer the fund exclusively 1068 for the purpose of implementing the programs described in ss. 1069 420.907-420.9076 and this section. With the exception of 1070 monitoring the activities of counties and eligible 1071 municipalities to determine local compliance with program 1072 requirements, the corporation shall not receive appropriations 1073 from the fund for administrative or personnel costs. For the 1074 purpose of implementing the compliance monitoring provisions of 1075 s. 420.9075(9), the corporation may request a maximum of one 1076 quarter of 1 percent of the annual appropriation per state 1077 fiscal year. When such funding is appropriated, the corporation 1078 shall deduct the amount appropriated prior to calculating the 1079 local housing distribution pursuant to ss. 420.9072 and 1080 420.9073. 1081 Section 19. Subsection (12) of section 1001.43, Florida 1082 Statutes, is reenacted to read: 1083 1001.43 Supplemental powers and duties of district school 1084 board.—The district school board may exercise the following 1085 supplemental powers and duties as authorized by this code or 1086 State Board of Education rule. 1087 (12) AFFORDABLE HOUSING.—A district school board may use 1088 portions of school sites purchased within the guidelines of the 1089 State Requirements for Educational Facilities, land deemed not 1090 usable for educational purposes because of location or other 1091 factors, or land declared as surplus by the board to provide 1092 sites for affordable housing for teachers and other district 1093 personnel and, in areas of critical state concern, for other 1094 essential services personnel as defined by local affordable 1095 housing eligibility requirements, independently or in 1096 conjunction with other agencies as described in subsection (5). 1097 Section 20. This act shall take effect upon becoming a law, 1098 and those portions of this act which were amended, created, or 1099 repealed by chapter 2009-96, Laws of Florida, shall operate 1100 retroactively to June 1, 2009. If such retroactive application 1101 is held by a court of last resort to be unconstitutional, this 1102 act shall apply prospectively from the date that this act 1103 becomes a law.