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.