HB 639

1	A bill to be entitled
2	An act relating to affordable housing; amending s. 20.055,
3	F.S.; revising the definition of "state agency" to include
4	the Florida Housing Finance Corporation; revising the
5	definition of "agency head" to include the board of
6	directors of the corporation; requiring the inspector
7	general to prepare an annual report; amending s. 159.608,
8	F.S.; providing a housing finance authority with an
9	additional purpose for which it may exercise its power to
10	borrow; amending s. 163.3177, F.S.; revising provisions
11	relating to the elements of local comprehensive plans to
12	authorize the inclusion of an element for affordable
13	housing for certain seniors; providing for the disposition
14	of real property by a local government for the development
15	of affordable housing; amending s. 201.15, F.S.; revising
16	the allocation of certain proceeds distributed from the
17	excise tax on documents that are paid into the State
18	Treasury to the credit of the State Housing Trust Fund;
19	providing for retroactive repeal of s. 8, ch. 2009-131,
20	Laws of Florida, to eliminate a conflicting version of s.
21	201.15, F.S.; amending s. 420.0003, F.S.; including the
22	needs of persons with special needs in the state housing
23	strategy's periodic review and report; amending s.
24	420.0004, F.S.; defining the terms "disabling condition"
25	and "person with special needs"; conforming cross-
26	references; amending s. 420.0006, F.S.; removing an
27	obsolete reference; deleting provisions requiring the
28	inspector general of the Department of Community Affairs
29	to perform functions for the corporation to conform to
30	changes made by the act; amending s. 420.504, F.S.;
31	authorizing the Secretary of Community Affairs to
32	designate a senior-level agency employee to serve on the
33	board of directors of the Florida Housing Finance
34	Corporation; amending s. 420.506, F.S.; providing for the
35	appointment of an inspector general of the Florida Housing
36	Finance Corporation; providing appointing authority
37	thereof; providing duties and responsibilities of the
38	inspector general; amending s. 420.507, F.S.; requiring
39	certain rates of interest to be made available to sponsors
40	of projects for persons with special needs; providing
41	additional powers of the corporation relating to receipt
42	of federal funds; revising powers of the corporation
43	relating to criteria establishing a preference for
44	eligible developers and general contractors; conforming a
45	cross-reference; amending s. 420.5087, F.S.; limiting the
46	reservation of funds within each notice of fund
47	availability to the persons with special needs tenant
48	group; including persons with special needs as a tenant
49	group for specified purposes of the State Apartment
50	Incentive Loan Program; revising and providing criteria to
51	be used by a specified review committee for the
52	competitive ranking of applications for such program;
53	conforming a cross-reference; amending ss. 163.31771,
54	212.08, 215.5586, and 420.503, F.S.; conforming cross-
55	references; providing legislative intent; prohibiting
56	funds from the State Housing Trust Fund or the Local
57	Government Housing Trust Fund that are appropriated for
58	specified programs from being used for certain purposes;
59	providing for future repeal; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Paragraphs (a) and (b) of subsection (1) and
64	subsection (7) of section 20.055, Florida Statutes, are amended
65	to read:
66	20.055  Agency inspectors general.-
67	(1)  For the purposes of this section:
68	(a)  "State agency" means each department created pursuant
69	to this chapter, and also includes the Executive Office of the
70	Governor, the Department of Military Affairs, the Fish and
71	Wildlife Conservation Commission, the Office of Insurance
72	Regulation of the Financial Services Commission, the Office of
73	Financial Regulation of the Financial Services Commission, the
74	Public Service Commission, the Board of Governors of the State
75	University System, the Florida Housing Finance Corporation, and
76	the state courts system.
77	(b)  "Agency head" means the Governor, a Cabinet officer, a
78	secretary as defined in s. 20.03(5), or an executive director as
79	defined in s. 20.03(6). It also includes the chair of the Public
80	Service Commission, the Director of the Office of Insurance
81	Regulation of the Financial Services Commission, the Director of
82	the Office of Financial Regulation of the Financial Services
83	Commission, the board of directors of the Florida Housing
84	Finance Corporation, and the Chief Justice of the State Supreme
85	Court.
86	(7)(a)  Except as provided in paragraph (b), each inspector
87	general shall, not later than September 30 of each year, prepare
88	an annual report summarizing the activities of the office during
89	the immediately preceding state fiscal year.
90	(b)  The inspector general of the Florida Housing Finance
91	Corporation shall, not later than 90 days after the end of each
92	fiscal year, prepare an annual report summarizing the activities
93	of the office of inspector general during the immediately
94	preceding fiscal year.
95	(c)  The final reports prepared pursuant to paragraphs (a)
96	and (b) report shall be furnished to the heads of the respective
97	agencies agency head. Such report shall include, but need not be
98	limited to:
99	1.(a)  A description of activities relating to the
100	development, assessment, and validation of performance measures.
101	2.(b)  A description of significant abuses and deficiencies
102	relating to the administration of programs and operations of the
103	agency disclosed by investigations, audits, reviews, or other
104	activities during the reporting period.
105	3.(c)  A description of the recommendations for corrective
106	action made by the inspector general during the reporting period
107	with respect to significant problems, abuses, or deficiencies
108	identified.
109	4.(d)  The identification of each significant
110	recommendation described in previous annual reports on which
111	corrective action has not been completed.
112	5.(e)  A summary of each audit and investigation completed
113	during the reporting period.
114	Section 2.  Subsection (11) is added to section 159.608,
115	Florida Statutes, to read:
116	159.608  Powers of housing finance authorities.-A housing
117	finance authority shall constitute a public body corporate and
118	politic, exercising the public and essential governmental
119	functions set forth in this act, and shall exercise its power to
120	borrow only for the purpose as provided herein:
121	(11)  To invest and reinvest surplus funds of the housing
122	finance authority in accordance with s. 218.415. However, in
123	addition to the investments expressly authorized in ss.
124	218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
125	may invest surplus funds in interest-bearing time deposits or
126	savings accounts that are fully insured by the Federal Deposit
127	Insurance Corporation regardless of whether the bank or
128	financial institution in which the deposit or investment is made
129	is a qualified public depository as defined in s. 280.02. This
130	subsection is supplementary to and may not be construed as
131	limiting any powers of a housing finance authority or providing
132	or implying a limiting construction of any other statutory
133	provision.
134	Section 3.  Paragraph (f) of subsection (6) of section
135	163.3177, Florida Statutes, is amended to read:
136	163.3177  Required and optional elements of comprehensive
137	plan; studies and surveys.-
138	(6)  In addition to the requirements of subsections (1)-(5)
139	and (12), the comprehensive plan shall include the following
140	elements:
141	(f)1.  A housing element consisting of standards, plans,
142	and principles to be followed in:
143	a.  The provision of housing for all current and
144	anticipated future residents of the jurisdiction.
145	b.  The elimination of substandard dwelling conditions.
146	c.  The structural and aesthetic improvement of existing
147	housing.
148	d.  The provision of adequate sites for future housing,
149	including affordable workforce housing as defined in s.
150	380.0651(3)(j), housing for low-income, very low-income, and
151	moderate-income families, mobile homes, and group home
152	facilities and foster care facilities, with supporting
153	infrastructure and public facilities. The element may include
154	provisions that specifically address affordable housing for
155	persons 60 years of age or older. Real property that is conveyed
156	to a local government for affordable housing under this sub-
157	subparagraph shall be disposed of by the local government
158	pursuant to s. 125.379 or s. 166.0451.
159	e.  Provision for relocation housing and identification of
160	historically significant and other housing for purposes of
161	conservation, rehabilitation, or replacement.
162	f.  The formulation of housing implementation programs.
163	g.  The creation or preservation of affordable housing to
164	minimize the need for additional local services and avoid the
165	concentration of affordable housing units only in specific areas
166	of the jurisdiction.
167	h.  Energy efficiency in the design and construction of new
168	housing.
169	i.  Use of renewable energy resources.
170	j.  Each county in which the gap between the buying power
171	of a family of four and the median county home sale price
172	exceeds $170,000, as determined by the Florida Housing Finance
173	Corporation, and which is not designated as an area of critical
174	state concern shall adopt a plan for ensuring affordable
175	workforce housing. At a minimum, the plan shall identify
176	adequate sites for such housing. For purposes of this sub-
177	subparagraph, the term "workforce housing" means housing that is
178	affordable to natural persons or families whose total household
179	income does not exceed 140 percent of the area median income,
180	adjusted for household size.
181	k.  As a precondition to receiving any state affordable
182	housing funding or allocation for any project or program within
183	the jurisdiction of a county that is subject to sub-subparagraph
184	j., a county must, by July 1 of each year, provide certification
185	that the county has complied with the requirements of sub-
186	subparagraph j.
187
188	The goals, objectives, and policies of the housing element must
189	be based on the data and analysis prepared on housing needs,
190	including the affordable housing needs assessment. State and
191	federal housing plans prepared on behalf of the local government
192	must be consistent with the goals, objectives, and policies of
193	the housing element. Local governments are encouraged to use job
194	training, job creation, and economic solutions to address a
195	portion of their affordable housing concerns.
196	2.  To assist local governments in housing data collection
197	and analysis and assure uniform and consistent information
198	regarding the state's housing needs, the state land planning
199	agency shall conduct an affordable housing needs assessment for
200	all local jurisdictions on a schedule that coordinates the
201	implementation of the needs assessment with the evaluation and
202	appraisal reports required by s. 163.3191. Each local government
203	shall utilize the data and analysis from the needs assessment as
204	one basis for the housing element of its local comprehensive
205	plan. The agency shall allow a local government the option to
206	perform its own needs assessment, if it uses the methodology
207	established by the agency by rule.
208	Section 4.  Subsections (9), (10), and (13) of section
209	201.15, Florida Statutes, are amended to read:
210	201.15  Distribution of taxes collected.-All taxes
211	collected under this chapter are subject to the service charge
212	imposed in s. 215.20(1). Prior to distribution under this
213	section, the Department of Revenue shall deduct amounts
214	necessary to pay the costs of the collection and enforcement of
215	the tax levied by this chapter. Such costs and the service
216	charge may not be levied against any portion of taxes pledged to
217	debt service on bonds to the extent that the costs and service
218	charge are required to pay any amounts relating to the bonds.
219	After distributions are made pursuant to subsection (1), all of
220	the costs of the collection and enforcement of the tax levied by
221	this chapter and the service charge shall be available and
222	transferred to the extent necessary to pay debt service and any
223	other amounts payable with respect to bonds authorized before
224	January 1, 2010, secured by revenues distributed pursuant to
225	subsection (1). All taxes remaining after deduction of costs and
226	the service charge shall be distributed as follows:
227	(9)  Seven and fifty-three hundredths The lesser of 7.53
228	percent of the remaining taxes or $107 million in each fiscal
229	year shall be paid into the State Treasury to the credit of the
230	State Housing Trust Fund and used as follows:
231	(a)  Half of that amount shall be used for the purposes for
232	which the State Housing Trust Fund was created and exists by
233	law.
234	(b)  Half of that amount shall be paid into the State
235	Treasury to the credit of the Local Government Housing Trust
236	Fund and used for the purposes for which the Local Government
237	Housing Trust Fund was created and exists by law.
238	(10)  Eight and sixty-six hundredths The lesser of 8.66
239	percent of the remaining taxes or $136 million in each fiscal
240	year shall be paid into the State Treasury to the credit of the
241	State Housing Trust Fund and used as follows:
242	(a)  Twelve and one-half percent of that amount shall be
243	deposited into the State Housing Trust Fund and be expended by
244	the Department of Community Affairs and by the Florida Housing
245	Finance Corporation for the purposes for which the State Housing
246	Trust Fund was created and exists by law.
247	(b)  Eighty-seven and one-half percent of that amount shall
248	be distributed to the Local Government Housing Trust Fund and
249	used for the purposes for which the Local Government Housing
250	Trust Fund was created and exists by law. Funds from this
251	category may also be used to provide for state and local
252	services to assist the homeless.
253	(13)  In each fiscal year that the remaining taxes exceed
254	collections in the prior fiscal year, the stated maximum dollar
255	amounts provided in subsections (2), (4), (6), and (7), (9), and
256	(10) shall each be increased by an amount equal to 10 percent of
257	the increase in the remaining taxes collected under this chapter
258	multiplied by the applicable percentage provided in those
259	subsections.
260	Section 5.  Section 8 of chapter 2009-131, Laws of Florida,
261	is repealed, retroactive to June 30, 2009.
262	Section 6.  Paragraph (c) of subsection (4) of section
263	420.0003, Florida Statutes, is amended to read:
264	420.0003  State housing strategy.-
265	(4)  IMPLEMENTATION.-The Department of Community Affairs
266	and the Florida Housing Finance Corporation in carrying out the
267	strategy articulated herein shall have the following duties:
268	(c)  The Shimberg Center for Affordable Housing, in
269	consultation with the Department of Community Affairs and the
270	Florida Housing Finance Corporation, shall review and evaluate
271	existing housing rehabilitation, production, and finance
272	programs to determine their consistency with relevant policies
273	in this section and identify the needs of specific populations,
274	including, but not limited to, elderly persons, and handicapped
275	persons, and persons with special needs, and shall recommend
276	statutory modifications where appropriate. The Shimberg Center
277	for Affordable Housing, in consultation with the Department of
278	Community Affairs and the corporation, shall also evaluate the
279	degree of coordination between state housing programs, and
280	between state, federal, and local housing activities, and shall
281	recommend improved program linkages. The recommendations
282	required above and a report of any programmatic modifications
283	made as a result of these policies shall be included in the
284	housing report required by s. 420.6075, beginning December 31,
285	1991, and every 5 years thereafter.
286	Section 7.  Section 420.0004, Florida Statutes, is amended
287	to read:
288	420.0004  Definitions.-As used in this part, unless the
289	context otherwise indicates:
290	(1)  "Adjusted for family size" means adjusted in a manner
291	which results in an income eligibility level which is lower for
292	households with fewer than four people, or higher for households
293	with more than four people, than the base income eligibility
294	determined as provided in subsection (9) (8), subsection (11)
295	(10), subsection (12) (11), or subsection (17) (15), based upon
296	a formula as established by the United States Department of
297	Housing and Urban Development.
298	(2)  "Adjusted gross income" means all wages, assets,
299	regular cash or noncash contributions or gifts from persons
300	outside the household, and such other resources and benefits as
301	may be determined to be income by the United States Department
302	of Housing and Urban Development, adjusted for family size, less
303	deductions allowable under s. 62 of the Internal Revenue Code.
304	(3)  "Affordable" means that monthly rents or monthly
305	mortgage payments including taxes, insurance, and utilities do
306	not exceed 30 percent of that amount which represents the
307	percentage of the median adjusted gross annual income for the
308	households as indicated in subsection (9) (8), subsection (11)
309	(10), subsection (12) (11), or subsection (17) (15).
310	(4)  "Corporation" means the Florida Housing Finance
311	Corporation.
312	(5)  "Community-based organization" or "nonprofit
313	organization" means a private corporation organized under
314	chapter 617 to assist in the provision of housing and related
315	services on a not-for-profit basis and which is acceptable to
316	federal and state agencies and financial institutions as a
317	sponsor of low-income housing.
318	(6)  "Department" means the Department of Community
319	Affairs.
320	(7)  "Disabling condition" means a diagnosable substance
321	abuse disorder, serious mental illness, developmental
322	disability, or chronic physical illness or disability, or the
323	co-occurrence of two or more of these conditions, and a
324	determination that the condition is:
325	(a)  Expected to be of long-continued and indefinite
326	duration; and
327	(b)  Not expected to impair the ability of the person with
328	special needs to live independently with appropriate supports.
329	(8)(7)  "Elderly" describes persons 62 years of age or
330	older.
331	(9)(8)  "Extremely-low-income persons" means one or more
332	natural persons or a family whose total annual household income
333	does not exceed 30 percent of the median annual adjusted gross
334	income for households within the state. The Florida Housing
335	Finance Corporation may adjust this amount annually by rule to
336	provide that in lower income counties, extremely low income may
337	exceed 30 percent of area median income and that in higher
338	income counties, extremely low income may be less than 30
339	percent of area median income.
340	(10)(9)  "Local public body" means any county,
341	municipality, or other political subdivision, or any housing
342	authority as provided by chapter 421, which is eligible to
343	sponsor or develop housing for farmworkers and very-low-income
344	and low-income persons within its jurisdiction.
345	(11)(10)  "Low-income persons" means one or more natural
346	persons or a family, the total annual adjusted gross household
347	income of which does not exceed 80 percent of the median annual
348	adjusted gross income for households within the state, or 80
349	percent of the median annual adjusted gross income for
350	households within the metropolitan statistical area (MSA) or, if
351	not within an MSA, within the county in which the person or
352	family resides, whichever is greater.
353	(12)(11)  "Moderate-income persons" means one or more
354	natural persons or a family, the total annual adjusted gross
355	household income of which is less than 120 percent of the median
356	annual adjusted gross income for households within the state, or
357	120 percent of the median annual adjusted gross income for
358	households within the metropolitan statistical area (MSA) or, if
359	not within an MSA, within the county in which the person or
360	family resides, whichever is greater.
361	(13)  "Person with special needs" means an adult person
362	requiring independent living services in order to maintain
363	housing or develop independent living skills and who has a
364	disabling condition; a young adult formerly in foster care who
365	is eligible for services under s. 409.1451(5); a survivor of
366	domestic violence as defined in s. 741.28; or a person receiving
367	benefits under the Social Security Disability Insurance (SSDI)
368	program or the Supplemental Security Income (SSI) program or
369	from veterans' disability benefits.
370	(14)(12)  "Student" means any person not living with his or
371	her parent or guardian who is eligible to be claimed by his or
372	her parent or guardian as a dependent under the federal income
373	tax code and who is enrolled on at least a half-time basis in a
374	secondary school, career center, community college, college, or
375	university.
376	(15)(13)  "Substandard" means:
377	(a)  Any unit lacking complete plumbing or sanitary
378	facilities for the exclusive use of the occupants;
379	(b)  A unit which is in violation of one or more major
380	sections of an applicable housing code and where such violation
381	poses a serious threat to the health of the occupant; or
382	(c)  A unit that has been declared unfit for human
383	habitation but that could be rehabilitated for less than 50
384	percent of the property value.
385	(16)(14)  "Substantial rehabilitation" means repair or
386	restoration of a dwelling unit where the value of such repair or
387	restoration exceeds 40 percent of the value of the dwelling.
388	(17)(15)  "Very-low-income persons" means one or more
389	natural persons or a family, not including students, the total
390	annual adjusted gross household income of which does not exceed
391	50 percent of the median annual adjusted gross income for
392	households within the state, or 50 percent of the median annual
393	adjusted gross income for households within the metropolitan
394	statistical area (MSA) or, if not within an MSA, within the
395	county in which the person or family resides, whichever is
396	greater.
397	Section 8.  Section 420.0006, Florida Statutes, is amended
398	to read:
399	420.0006  Authority to contract with corporation; contract
400	requirements; nonperformance.-The secretary of the department
401	shall contract, notwithstanding the provisions of part I of
402	chapter 287, with the Florida Housing Finance Corporation on a
403	multiyear basis to stimulate, provide, and foster affordable
404	housing in the state. The contract must incorporate the
405	performance measures required by s. 420.511 and must be
406	consistent with the provisions of the corporation's strategic
407	plan prepared in accordance with s. 420.511 and compatible with
408	s. 216.0166. The contract must provide that, in the event the
409	corporation fails to comply with any of the performance measures
410	required by s. 420.511, the secretary shall notify the Governor
411	and shall refer the nonperformance to the department's inspector
412	general for review and determination as to whether such failure
413	is due to forces beyond the corporation's control or whether
414	such failure is due to inadequate management of the
415	corporation's resources. Advances shall continue to be made
416	pursuant to s. 420.0005 during the pendency of the review by the
417	department's inspector general. If such failure is due to
418	outside forces, it shall not be deemed a violation of the
419	contract. If such failure is due to inadequate management, the
420	department's inspector general shall provide recommendations
421	regarding solutions. The Governor is authorized to resolve any
422	differences of opinion with respect to performance under the
423	contract and may request that advances continue in the event of
424	a failure under the contract due to inadequate management. The
425	Chief Financial Officer shall approve the request absent a
426	finding by the Chief Financial Officer that continuing such
427	advances would adversely impact the state; however, in any event
428	the Chief Financial Officer shall provide advances sufficient to
429	meet the debt service requirements of the corporation and
430	sufficient to fund contracts committing funds from the State
431	Housing Trust Fund so long as such contracts are in accordance
432	with the laws of this state. The department inspector general
433	shall perform for the corporation the functions set forth in s.
434	20.055 and report to the secretary of the department. The
435	corporation shall be deemed an agency for the purposes of s.
436	20.055.
437	Section 9.  Subsection (3) of section 420.504, Florida
438	Statutes, is amended to read:
439	420.504  Public corporation; creation, membership, terms,
440	expenses.-
441	(3)  The corporation is a separate budget entity and is not
442	subject to control, supervision, or direction by the Department
443	of Community Affairs in any manner, including, but not limited
444	to, personnel, purchasing, transactions involving real or
445	personal property, and budgetary matters. The corporation shall
446	consist of a board of directors composed of the Secretary of
447	Community Affairs as an ex officio and voting member, or a
448	senior-level agency employee designated by the secretary, and
449	eight members appointed by the Governor subject to confirmation
450	by the Senate from the following:
451	(a)  One citizen actively engaged in the residential home
452	building industry.
453	(b)  One citizen actively engaged in the banking or
454	mortgage banking industry.
455	(c)  One citizen who is a representative of those areas of
456	labor engaged in home building.
457	(d)  One citizen with experience in housing development who
458	is an advocate for low-income persons.
459	(e)  One citizen actively engaged in the commercial
460	building industry.
461	(f)  One citizen who is a former local government elected
462	official.
463	(g)  Two citizens of the state who are not principally
464	employed as members or representatives of any of the groups
465	specified in paragraphs (a)-(f).
466	Section 10.  Section 420.506, Florida Statutes, is amended
467	to read:
468	420.506  Executive director; agents and employees;
469	inspector general.-
470	(1)  The appointment and removal of an executive director
471	shall be by the Secretary of Community Affairs, with the advice
472	and consent of the corporation's board of directors. The
473	executive director shall employ legal and technical experts and
474	such other agents and employees, permanent and temporary, as the
475	corporation may require, and shall communicate with and provide
476	information to the Legislature with respect to the corporation's
477	activities. The board is authorized, notwithstanding the
478	provisions of s. 216.262, to develop and implement rules
479	regarding the employment of employees of the corporation and
480	service providers, including legal counsel. The board of
481	directors of the corporation is entitled to establish travel
482	procedures and guidelines for employees of the corporation. The
483	executive director's office and the corporation's files and
484	records must be located in Leon County.
485	(2)  The appointment and removal of an inspector general
486	shall be by the executive director, with the advice and consent
487	of the corporation's board of directors. The corporation's
488	inspector general shall perform for the corporation the
489	functions set forth in s. 20.055. The inspector general shall
490	administratively report to the executive director. The inspector
491	general shall meet the minimum qualifications as set forth s.
492	20.055(4). The corporation may establish additional
493	qualifications deemed necessary by the board of directors to
494	meet the unique needs of the corporation. The inspector general
495	shall be responsible for coordinating the responsibilities set
496	forth in s. 420.0006.
497	Section 11.  Paragraph (a) of subsection (22) and
498	subsections (33), (46), and (47) of section 420.507, Florida
499	Statutes, are amended to read:
500	420.507  Powers of the corporation.-The corporation shall
501	have all the powers necessary or convenient to carry out and
502	effectuate the purposes and provisions of this part, including
503	the following powers which are in addition to all other powers
504	granted by other provisions of this part:
505	(22)  To develop and administer the State Apartment
506	Incentive Loan Program. In developing and administering that
507	program, the corporation may:
508	(a)  Make first, second, and other subordinated mortgage
509	loans including variable or fixed rate loans subject to
510	contingent interest for all State Apartment Incentive Loans
511	provided in this chapter based upon available cash flow of the
512	projects. The corporation shall make loans exceeding 25 percent
513	of project cost only to nonprofit organizations and public
514	bodies that are able to secure grants, donations of land, or
515	contributions from other sources and to projects meeting the
516	criteria of subparagraph 1. Mortgage loans shall be made
517	available at the following rates of interest:
518	1.  Zero to 3 percent interest for sponsors of projects
519	that set aside at least 80 percent of their total units for
520	residents qualifying as farmworkers, commercial fishing workers,
521	or the homeless as defined in s. 420.621, or persons with
522	special needs as defined in s. 420.0004(13) over the life of the
523	loan.
524	2.  Zero to 3 percent interest based on the pro rata share
525	of units set aside for homeless residents or persons with
526	special needs if the total of such units is less than 80 percent
527	of the units in the borrower's project.
528	3.  One to 9 percent interest for sponsors of projects
529	targeted at populations other than farmworkers, commercial
530	fishing workers, or the homeless, or persons with special needs.
531	(33)  To receive federal funding in connection with the
532	corporation's programs directly from the Federal Government and
533	to receive federal funds for which no corresponding program has
534	been created in statute and establish selection criteria for
535	such funds by request for proposals or other competitive
536	solicitation.
537	(46)  To require, as a condition of financing a multifamily
538	rental project, that an agreement be recorded in the official
539	records of the county where the real property is located, which
540	requires that the project be used for housing defined as
541	affordable in s. 420.0004(3) by persons defined in s.
542	420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
543	agreement is a state land use regulation that limits the highest
544	and best use of the property within the meaning of s.
545	193.011(2).
546	(47)  To provide by rule, in connection with any
547	corporation competitive program, criteria establishing, where
548	all other competitive elements are equal, a preference for
549	developers and general contractors who demonstrate the highest
550	rate of Florida job creation in the development and construction
551	of affordable housing domiciled in this state and for developers
552	and general contractors, regardless of domicile, who have
553	substantial experience in developing or building affordable
554	housing through the corporation's programs.
555	(a)  In evaluating whether a developer or general
556	contractor is domiciled in this state, the corporation shall
557	consider whether the developer's or general contractor's
558	principal office is located in this state and whether a majority
559	of the developer's or general contractor's principals and
560	financial beneficiaries reside in Florida.
561	(b)  In evaluating whether a developer or general
562	contractor has substantial experience, the corporation shall
563	consider whether the developer or general contractor has
564	completed at least five developments using funds either provided
565	by or administered by the corporation.
566	Section 12.  Subsection (3) and paragraph (c) of subsection
567	(6) of section 420.5087, Florida Statutes, are amended to read:
568	420.5087  State Apartment Incentive Loan Program.-There is
569	hereby created the State Apartment Incentive Loan Program for
570	the purpose of providing first, second, or other subordinated
571	mortgage loans or loan guarantees to sponsors, including for-
572	profit, nonprofit, and public entities, to provide housing
573	affordable to very-low-income persons.
574	(3)  During the first 6 months of loan or loan guarantee
575	availability, program funds shall be reserved for use by
576	sponsors who provide the housing set-aside required in
577	subsection (2) for the tenant groups designated in this
578	subsection. The reservation of funds to each of these groups
579	shall be determined using the most recent statewide very-low-
580	income rental housing market study available at the time of
581	publication of each notice of fund availability required by
582	paragraph (6)(b). The reservation of funds within each notice of
583	fund availability to the tenant groups in paragraphs (a), (b),
584	and (e) (d) may not be less than 10 percent of the funds
585	available at that time. Any increase in funding required to
586	reach the 10-percent minimum must be taken from the tenant group
587	that has the largest reservation. The reservation of funds
588	within each notice of fund availability to the tenant group in
589	paragraph (c) may not be less than 5 percent of the funds
590	available at that time. The reservation of funds within each
591	notice of fund availability to the tenant group in paragraph (d)
592	may not be more than 10 percent of the funds available at that
593	time. The tenant groups are:
594	(a)  Commercial fishing workers and farmworkers;
595	(b)  Families;
596	(c)  Persons who are homeless;
597	(d)  Persons with special needs; and
598	(e)(d)  Elderly persons. Ten percent of the amount reserved
599	for the elderly shall be reserved to provide loans to sponsors
600	of housing for the elderly for the purpose of making building
601	preservation, health, or sanitation repairs or improvements
602	which are required by federal, state, or local regulation or
603	code, or lifesafety or security-related repairs or improvements
604	to such housing. Such a loan may not exceed $750,000 per housing
605	community for the elderly. In order to receive the loan, the
606	sponsor of the housing community must make a commitment to match
607	at least 5 percent of the loan amount to pay the cost of such
608	repair or improvement. The corporation shall establish the rate
609	of interest on the loan, which may not exceed 3 percent, and the
610	term of the loan, which may not exceed 15 years; however, if the
611	lien of the corporation's encumbrance is subordinate to the lien
612	of another mortgagee, then the term may be made coterminous with
613	the longest term of the superior lien. The term of the loan
614	shall be based on a credit analysis of the applicant. The
615	corporation may forgive indebtedness for a share of the loan
616	attributable to the units in a project reserved for extremely-
617	low-income elderly by nonprofit organizations, as defined in s.
618	420.0004(5), where the project has provided affordable housing
619	to the elderly for 15 years or more. The corporation shall
620	establish, by rule, the procedure and criteria for receiving,
621	evaluating, and competitively ranking all applications for loans
622	under this paragraph. A loan application must include evidence
623	of the first mortgagee's having reviewed and approved the
624	sponsor's intent to apply for a loan. A nonprofit organization
625	or sponsor may not use the proceeds of the loan to pay for
626	administrative costs, routine maintenance, or new construction.
627	(6)  On all state apartment incentive loans, except loans
628	made to housing communities for the elderly to provide for
629	lifesafety, building preservation, health, sanitation, or
630	security-related repairs or improvements, the following
631	provisions shall apply:
632	(c)  The corporation shall provide by rule for the
633	establishment of a review committee composed of the department
634	and corporation staff and shall establish by rule a scoring
635	system for evaluation and competitive ranking of applications
636	submitted in this program, including, but not limited to, the
637	following criteria:
638	1.  Tenant income and demographic targeting objectives of
639	the corporation.
640	2.  Targeting objectives of the corporation which will
641	ensure an equitable distribution of loans between rural and
642	urban areas.
643	3.  Sponsor's agreement to reserve the units for persons or
644	families who have incomes below 50 percent of the state or local
645	median income, whichever is higher, for a time period to exceed
646	the minimum required by federal law or the provisions of this
647	part.
648	4.  Sponsor's agreement to reserve more than:
649	a.  Twenty percent of the units in the project for persons
650	or families who have incomes that do not exceed 50 percent of
651	the state or local median income, whichever is higher; or
652	b.  Forty percent of the units in the project for persons
653	or families who have incomes that do not exceed 60 percent of
654	the state or local median income, whichever is higher, without
655	requiring a greater amount of the loans as provided in this
656	section.
657	5.  Provision for tenant counseling.
658	6.  Sponsor's agreement to accept rental assistance
659	certificates or vouchers as payment for rent.
660	7.  Projects requiring the least amount of a state
661	apartment incentive loan compared to overall project cost except
662	that the share of the loan attributable to units serving
663	extremely-low-income persons shall be excluded from this
664	requirement.
665	8.  Local government contributions and local government
666	comprehensive planning and activities that promote affordable
667	housing.
668	9.  Project feasibility.
669	10.  Economic viability of the project.
670	11.  Commitment of first mortgage financing.
671	12.  Sponsor's prior experience, including whether the
672	developer and general contractor have substantial experience, as
673	provided in s. 420.507(47).
674	13.  Sponsor's ability to proceed with construction.
675	14.  Projects that directly implement or assist welfare-to-
676	work transitioning.
677	15.  Projects that reserve units for extremely-low-income
678	persons.
679	16.  Projects that include green building principles,
680	storm-resistant construction, or other elements that reduce
681	long-term costs relating to maintenance, utilities, or
682	insurance.
683	17.  Job-creation rate Domicile of the developer and
684	general contractor, as provided in s. 420.507(47).
685	Section 13.  Paragraphs (d), (e), (f), and (g) of
686	subsection (2) of section 163.31771, Florida Statutes, are
687	amended to read:
688	163.31771  Accessory dwelling units.-
689	(2)  As used in this section, the term:
690	(d)  "Low-income persons" has the same meaning as in s.
691	420.0004(11)(10).
692	(e)  "Moderate-income persons" has the same meaning as in
693	s. 420.0004(12)(11).
694	(f)  "Very-low-income persons" has the same meaning as in
695	s. 420.0004(17)(15).
696	(g)  "Extremely-low-income persons" has the same meaning as
697	in s. 420.0004(9)(8).
698	Section 14.  Paragraph (o) of subsection (5) of section
699	212.08, Florida Statutes, is amended to read:
700	212.08  Sales, rental, use, consumption, distribution, and
701	storage tax; specified exemptions.-The sale at retail, the
702	rental, the use, the consumption, the distribution, and the
703	storage to be used or consumed in this state of the following
704	are hereby specifically exempt from the tax imposed by this
705	chapter.
706	(5)  EXEMPTIONS; ACCOUNT OF USE.-
707	(o)  Building materials in redevelopment projects.-
708	1.  As used in this paragraph, the term:
709	a.  "Building materials" means tangible personal property
710	that becomes a component part of a housing project or a mixed-
711	use project.
712	b.  "Housing project" means the conversion of an existing
713	manufacturing or industrial building to housing units in an
714	urban high-crime area, enterprise zone, empowerment zone, Front
715	Porch Community, designated brownfield area, or urban infill
716	area and in which the developer agrees to set aside at least 20
717	percent of the housing units in the project for low-income and
718	moderate-income persons or the construction in a designated
719	brownfield area of affordable housing for persons described in
720	s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
721	159.603(7).
722	c.  "Mixed-use project" means the conversion of an existing
723	manufacturing or industrial building to mixed-use units that
724	include artists' studios, art and entertainment services, or
725	other compatible uses. A mixed-use project must be located in an
726	urban high-crime area, enterprise zone, empowerment zone, Front
727	Porch Community, designated brownfield area, or urban infill
728	area, and the developer must agree to set aside at least 20
729	percent of the square footage of the project for low-income and
730	moderate-income housing.
731	d.  "Substantially completed" has the same meaning as
732	provided in s. 192.042(1).
733	2.  Building materials used in the construction of a
734	housing project or mixed-use project are exempt from the tax
735	imposed by this chapter upon an affirmative showing to the
736	satisfaction of the department that the requirements of this
737	paragraph have been met. This exemption inures to the owner
738	through a refund of previously paid taxes. To receive this
739	refund, the owner must file an application under oath with the
740	department which includes:
741	a.  The name and address of the owner.
742	b.  The address and assessment roll parcel number of the
743	project for which a refund is sought.
744	c.  A copy of the building permit issued for the project.
745	d.  A certification by the local building code inspector
746	that the project is substantially completed.
747	e.  A sworn statement, under penalty of perjury, from the
748	general contractor licensed in this state with whom the owner
749	contracted to construct the project, which statement lists the
750	building materials used in the construction of the project and
751	the actual cost thereof, and the amount of sales tax paid on
752	these materials. If a general contractor was not used, the owner
753	shall provide this information in a sworn statement, under
754	penalty of perjury. Copies of invoices evidencing payment of
755	sales tax must be attached to the sworn statement.
756	3.  An application for a refund under this paragraph must
757	be submitted to the department within 6 months after the date
758	the project is deemed to be substantially completed by the local
759	building code inspector. Within 30 working days after receipt of
760	the application, the department shall determine if it meets the
761	requirements of this paragraph. A refund approved pursuant to
762	this paragraph shall be made within 30 days after formal
763	approval of the application by the department.
764	4.  The department shall establish by rule an application
765	form and criteria for establishing eligibility for exemption
766	under this paragraph.
767	5.  The exemption shall apply to purchases of materials on
768	or after July 1, 2000.
769	Section 15.  Paragraphs (a) and (g) of subsection (2) of
770	section 215.5586, Florida Statutes, are amended to read:
771	215.5586  My Safe Florida Home Program.-There is
772	established within the Department of Financial Services the My
773	Safe Florida Home Program. The department shall provide fiscal
774	accountability, contract management, and strategic leadership
775	for the program, consistent with this section. This section does
776	not create an entitlement for property owners or obligate the
777	state in any way to fund the inspection or retrofitting of
778	residential property in this state. Implementation of this
779	program is subject to annual legislative appropriations. It is
780	the intent of the Legislature that the My Safe Florida Home
781	Program provide trained and certified inspectors to perform
782	inspections for owners of site-built, single-family, residential
783	properties and grants to eligible applicants as funding allows.
784	The program shall develop and implement a comprehensive and
785	coordinated approach for hurricane damage mitigation that may
786	include the following:
787	(2)  MITIGATION GRANTS.-Financial grants shall be used to
788	encourage single-family, site-built, owner-occupied, residential
789	property owners to retrofit their properties to make them less
790	vulnerable to hurricane damage.
791	(a)  For a homeowner to be eligible for a grant, the
792	following criteria must be met:
793	1.  The homeowner must have been granted a homestead
794	exemption on the home under chapter 196.
795	2.  The home must be a dwelling with an insured value of
796	$300,000 or less. Homeowners who are low-income persons, as
797	defined in s. 420.0004(11)(10), are exempt from this
798	requirement.
799	3.  The home must have undergone an acceptable hurricane
800	mitigation inspection after May 1, 2007.
801	4.  The home must be located in the "wind-borne debris
802	region" as that term is defined in s. 1609.2, International
803	Building Code (2006), or as subsequently amended.
804	5.  The building permit application for initial
805	construction of the home must have been made before March 1,
806	2002.
807
808	An application for a grant must contain a signed or
809	electronically verified statement made under penalty of perjury
810	that the applicant has submitted only a single application and
811	must have attached documents demonstrating the applicant meets
812	the requirements of this paragraph.
813	(g)  Low-income homeowners, as defined in s.
814	420.0004(11)(10), who otherwise meet the requirements of
815	paragraphs (a), (c), (e), and (f) are eligible for a grant of up
816	to $5,000 and are not required to provide a matching amount to
817	receive the grant. Additionally, for low-income homeowners,
818	grant funding may be used for repair to existing structures
819	leading to any of the mitigation improvements provided in
820	paragraph (e), limited to 20 percent of the grant value. The
821	program may accept a certification directly from a low-income
822	homeowner that the homeowner meets the requirements of s.
823	420.0004(11)(10) if the homeowner provides such certification in
824	a signed or electronically verified statement made under penalty
825	of perjury.
826	Section 16.  Subsection (19) of section 420.503, Florida
827	Statutes, is amended to read:
828	420.503  Definitions.-As used in this part, the term:
829	(19)  "Housing for the elderly" means, for purposes of s.
830	420.5087(3)(e)(d), any nonprofit housing community that is
831	financed by a mortgage loan made or insured by the United States
832	Department of Housing and Urban Development under s. 202, s. 202
833	with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
834	National Housing Act, as amended, and that is subject to income
835	limitations established by the United States Department of
836	Housing and Urban Development, or any program funded by the
837	Rural Development Agency of the United States Department of
838	Agriculture and subject to income limitations established by the
839	United States Department of Agriculture. A project which
840	qualifies for an exemption under the Fair Housing Act as housing
841	for older persons as defined by s. 760.29(4) shall qualify as
842	housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
843	for purposes of any loans made pursuant to s. 420.508. In
844	addition, if the corporation adopts a qualified allocation plan
845	pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
846	other rules that prioritize projects targeting the elderly for
847	purposes of allocating tax credits pursuant to s. 420.5099 or
848	for purposes of the HOME program under s. 420.5089, a project
849	which qualifies for an exemption under the Fair Housing Act as
850	housing for older persons as defined by s. 760.29(4) shall
851	qualify as a project targeted for the elderly, if the project
852	satisfies the other requirements set forth in this part.
853	Section 17.  (1)  The Legislature finds that due to the
854	current economic conditions in the housing market there is a
855	critical need to rehabilitate or sell excess inventory of unsold
856	homes, including foreclosed homes and newly constructed homes,
857	as well as a critical need for the rehabilitation and
858	preservation of older, affordable apartments. The Legislature
859	further finds that there is a critical need to create housing-
860	related jobs and that these conditions require the targeting of
861	state and local housing trust fund moneys to assist in the sale
862	or rehabilitation of existing homes and the preservation and
863	rehabilitation of older rental apartments.
864	(2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
865	420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
866	(5)(b), Florida Statutes, funds from the State Housing Trust
867	Fund or the Local Government Housing Trust Fund that are
868	appropriated for use in the State Apartment Incentive Loan
869	Program, Florida Homeownership Assistance Program, Community
870	Workforce Housing Innovation Pilot Program, or the State Housing
871	Initiatives Partnership Program may not be used to:
872	(a)  Finance or otherwise assist the construction or
873	purchase of housing sold to eligible individuals, unless the
874	housing unit being sold had an initial certificate of occupancy
875	prior to December 31, 2010; or
876	(b)  Finance or otherwise assist in the construction or
877	purchase of rental housing, unless the development being
878	financed or assisted received its initial certificate of
879	occupancy prior to December 31, 1996.
880
881	Nothing in this section restricts the use of such funds to
882	assist with the purchase of newly constructed homes that were
883	completed prior to December 31, 2010, or the acquisition and
884	rehabilitation of apartments that received their initial
885	certificate of occupancy prior to December 31, 1996. The use of
886	such funds is subject to the restrictions of the program under
887	which the funding is made available.
888	(3)  This section expires July 1, 2012.
889	Section 18.  This act shall take effect July 1, 2011.

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