Florida Senate - 2011                                     SB 912
       By Senator Bennett
       21-00977-11                                            2011912__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         20.055, F.S.; revising the definition of “state
    4         agency” to include the Florida Housing Finance
    5         Corporation; revising the definition of “agency head”
    6         to include the board of directors of the corporation;
    7         requiring the inspector general to prepare an annual
    8         report; amending s. 159.608, F.S.; providing a housing
    9         finance authority with an additional purpose for which
   10         it may exercise its power to borrow; amending s.
   11         163.3177, F.S.; revising provisions relating to the
   12         elements of local comprehensive plans to authorize the
   13         inclusion of an element for affordable housing for
   14         certain seniors; providing for the disposition of real
   15         property by a local government for the development of
   16         affordable housing; amending s. 201.15, F.S.; revising
   17         the allocation of certain proceeds distributed from
   18         the excise tax on documents that are paid into the
   19         State Treasury to the credit of the State Housing
   20         Trust Fund; providing for retroactive repeal of s. 8,
   21         ch. 2009-131, Laws of Florida, to eliminate a
   22         conflicting version of s. 201.15, F.S.; amending s.
   23         420.0003, F.S.; including the needs of persons with
   24         special needs in the state housing strategy’s periodic
   25         review and report; amending s. 420.0004, F.S.;
   26         defining the terms “disabling condition” and “person
   27         with special needs”; conforming cross-references;
   28         amending s. 420.0006, F.S.; removing an obsolete
   29         reference; deleting provisions requiring the inspector
   30         general of the Department of Community Affairs to
   31         perform functions for the corporation to conform to
   32         changes made by the act; amending s. 420.504, F.S.;
   33         authorizing the Secretary of Community Affairs to
   34         designate a senior-level agency employee to serve on
   35         the board of directors of the Florida Housing Finance
   36         Corporation; amending s. 420.506, F.S.; providing for
   37         the appointment of an inspector general of the Florida
   38         Housing Finance Corporation; providing appointing
   39         authority thereof; providing duties and
   40         responsibilities of the inspector general; amending s.
   41         420.507, F.S.; requiring certain rates of interest to
   42         be made available to sponsors of projects for persons
   43         with special needs; providing additional powers of the
   44         corporation relating to receipt of federal funds;
   45         revising powers of the corporation relating to
   46         criteria establishing a preference for eligible
   47         developers and general contractors; conforming a
   48         cross-reference; amending s. 420.5087, F.S.; limiting
   49         the reservation of funds within each notice of fund
   50         availability to the persons with special needs tenant
   51         group; including persons with special needs as a
   52         tenant group for specified purposes of the State
   53         Apartment Incentive Loan Program; revising and
   54         providing criteria to be used by a specified review
   55         committee for the competitive ranking of applications
   56         for such program; conforming a cross-reference;
   57         amending ss. 163.31771, 212.08, 215.5586, and 420.503,
   58         F.S.; conforming cross-references; providing
   59         legislative intent; prohibiting funds from the State
   60         Housing Trust Fund or the Local Government Housing
   61         Trust Fund that are appropriated for specified
   62         programs from being used for certain purposes;
   63         providing for future repeal; providing an effective
   64         date.
   66  Be It Enacted by the Legislature of the State of Florida:
   68         Section 1. Paragraphs (a) and (b) of subsection (1) and
   69  subsection (7) of section 20.055, Florida Statutes, are amended
   70  to read:
   71         20.055 Agency inspectors general.—
   72         (1) For the purposes of this section:
   73         (a) “State agency” means each department created pursuant
   74  to this chapter, and also includes the Executive Office of the
   75  Governor, the Department of Military Affairs, the Fish and
   76  Wildlife Conservation Commission, the Office of Insurance
   77  Regulation of the Financial Services Commission, the Office of
   78  Financial Regulation of the Financial Services Commission, the
   79  Public Service Commission, the Board of Governors of the State
   80  University System, the Florida Housing Finance Corporation, and
   81  the state courts system.
   82         (b) “Agency head” means the Governor, a Cabinet officer, a
   83  secretary as defined in s. 20.03(5), or an executive director as
   84  defined in s. 20.03(6). It also includes the chair of the Public
   85  Service Commission, the Director of the Office of Insurance
   86  Regulation of the Financial Services Commission, the Director of
   87  the Office of Financial Regulation of the Financial Services
   88  Commission, the board of directors of the Florida Housing
   89  Finance Corporation, and the Chief Justice of the State Supreme
   90  Court.
   91         (7)(a) Except as provided in paragraph (b), each inspector
   92  general shall, not later than September 30 of each year, prepare
   93  an annual report summarizing the activities of the office during
   94  the immediately preceding state fiscal year.
   95         (b) The inspector general of the Florida Housing Finance
   96  Corporation shall, not later than 90 days after the end of each
   97  fiscal year, prepare an annual report summarizing the activities
   98  of the office of inspector general during the immediately
   99  preceding fiscal year.
  100         (c) The final reports prepared pursuant to paragraphs (a)
  101  and (b) report shall be furnished to the heads of the respective
  102  agencies agency head. Such report shall include, but need not be
  103  limited to:
  104         1.(a) A description of activities relating to the
  105  development, assessment, and validation of performance measures.
  106         2.(b) A description of significant abuses and deficiencies
  107  relating to the administration of programs and operations of the
  108  agency disclosed by investigations, audits, reviews, or other
  109  activities during the reporting period.
  110         3.(c) A description of the recommendations for corrective
  111  action made by the inspector general during the reporting period
  112  with respect to significant problems, abuses, or deficiencies
  113  identified.
  114         4.(d) The identification of each significant recommendation
  115  described in previous annual reports on which corrective action
  116  has not been completed.
  117         5.(e) A summary of each audit and investigation completed
  118  during the reporting period.
  119         Section 2. Subsection (11) is added to section 159.608,
  120  Florida Statutes, to read:
  121         159.608 Powers of housing finance authorities.—A housing
  122  finance authority shall constitute a public body corporate and
  123  politic, exercising the public and essential governmental
  124  functions set forth in this act, and shall exercise its power to
  125  borrow only for the purpose as provided herein:
  126         (11) To invest and reinvest surplus funds of the housing
  127  finance authority in accordance with s. 218.415. However, in
  128  addition to the investments expressly authorized in ss.
  129  218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
  130  may invest surplus funds in interest-bearing time deposits or
  131  savings accounts that are fully insured by the Federal Deposit
  132  Insurance Corporation regardless of whether the bank or
  133  financial institution in which the deposit or investment is made
  134  is a qualified public depository as defined in s. 280.02. This
  135  subsection is supplementary to and may not be construed as
  136  limiting any powers of a housing finance authority or providing
  137  or implying a limiting construction of any other statutory
  138  provision.
  139         Section 3. Paragraph (f) of subsection (6) of section
  140  163.3177, Florida Statutes, is amended to read:
  141         163.3177 Required and optional elements of comprehensive
  142  plan; studies and surveys.—
  143         (6) In addition to the requirements of subsections (1)-(5)
  144  and (12), the comprehensive plan shall include the following
  145  elements:
  146         (f)1. A housing element consisting of standards, plans, and
  147  principles to be followed in:
  148         a. The provision of housing for all current and anticipated
  149  future residents of the jurisdiction.
  150         b. The elimination of substandard dwelling conditions.
  151         c. The structural and aesthetic improvement of existing
  152  housing.
  153         d. The provision of adequate sites for future housing,
  154  including affordable workforce housing as defined in s.
  155  380.0651(3)(j), housing for low-income, very low-income, and
  156  moderate-income families, mobile homes, and group home
  157  facilities and foster care facilities, with supporting
  158  infrastructure and public facilities. The element may include
  159  provisions that specifically address affordable housing for
  160  persons 60 years of age or older. Real property that is conveyed
  161  to a local government for affordable housing under this sub
  162  subparagraph shall be disposed of by the local government
  163  pursuant to s. 125.379 or s. 166.0451.
  164         e. Provision for relocation housing and identification of
  165  historically significant and other housing for purposes of
  166  conservation, rehabilitation, or replacement.
  167         f. The formulation of housing implementation programs.
  168         g. The creation or preservation of affordable housing to
  169  minimize the need for additional local services and avoid the
  170  concentration of affordable housing units only in specific areas
  171  of the jurisdiction.
  172         h. Energy efficiency in the design and construction of new
  173  housing.
  174         i. Use of renewable energy resources.
  175         j. Each county in which the gap between the buying power of
  176  a family of four and the median county home sale price exceeds
  177  $170,000, as determined by the Florida Housing Finance
  178  Corporation, and which is not designated as an area of critical
  179  state concern shall adopt a plan for ensuring affordable
  180  workforce housing. At a minimum, the plan shall identify
  181  adequate sites for such housing. For purposes of this sub
  182  subparagraph, the term “workforce housing” means housing that is
  183  affordable to natural persons or families whose total household
  184  income does not exceed 140 percent of the area median income,
  185  adjusted for household size.
  186         k. As a precondition to receiving any state affordable
  187  housing funding or allocation for any project or program within
  188  the jurisdiction of a county that is subject to sub-subparagraph
  189  j., a county must, by July 1 of each year, provide certification
  190  that the county has complied with the requirements of sub
  191  subparagraph j.
  193  The goals, objectives, and policies of the housing element must
  194  be based on the data and analysis prepared on housing needs,
  195  including the affordable housing needs assessment. State and
  196  federal housing plans prepared on behalf of the local government
  197  must be consistent with the goals, objectives, and policies of
  198  the housing element. Local governments are encouraged to use job
  199  training, job creation, and economic solutions to address a
  200  portion of their affordable housing concerns.
  201         2. To assist local governments in housing data collection
  202  and analysis and assure uniform and consistent information
  203  regarding the state’s housing needs, the state land planning
  204  agency shall conduct an affordable housing needs assessment for
  205  all local jurisdictions on a schedule that coordinates the
  206  implementation of the needs assessment with the evaluation and
  207  appraisal reports required by s. 163.3191. Each local government
  208  shall utilize the data and analysis from the needs assessment as
  209  one basis for the housing element of its local comprehensive
  210  plan. The agency shall allow a local government the option to
  211  perform its own needs assessment, if it uses the methodology
  212  established by the agency by rule.
  213         Section 4. Subsections (9), (10), and (13) of section
  214  201.15, Florida Statutes, are amended to read:
  215         201.15 Distribution of taxes collected.—All taxes collected
  216  under this chapter are subject to the service charge imposed in
  217  s. 215.20(1). Prior to distribution under this section, the
  218  Department of Revenue shall deduct amounts necessary to pay the
  219  costs of the collection and enforcement of the tax levied by
  220  this chapter. Such costs and the service charge may not be
  221  levied against any portion of taxes pledged to debt service on
  222  bonds to the extent that the costs and service charge are
  223  required to pay any amounts relating to the bonds. After
  224  distributions are made pursuant to subsection (1), all of the
  225  costs of the collection and enforcement of the tax levied by
  226  this chapter and the service charge shall be available and
  227  transferred to the extent necessary to pay debt service and any
  228  other amounts payable with respect to bonds authorized before
  229  January 1, 2010, secured by revenues distributed pursuant to
  230  subsection (1). All taxes remaining after deduction of costs and
  231  the service charge shall be distributed as follows:
  232         (9) Seven and fifty-three hundredths The lesser of 7.53
  233  percent of the remaining taxes or $107 million in each fiscal
  234  year shall be paid into the State Treasury to the credit of the
  235  State Housing Trust Fund and used as follows:
  236         (a) Half of that amount shall be used for the purposes for
  237  which the State Housing Trust Fund was created and exists by
  238  law.
  239         (b) Half of that amount shall be paid into the State
  240  Treasury to the credit of the Local Government Housing Trust
  241  Fund and used for the purposes for which the Local Government
  242  Housing Trust Fund was created and exists by law.
  243         (10) Eight and sixty-six hundredths The lesser of 8.66
  244  percent of the remaining taxes or $136 million in each fiscal
  245  year shall be paid into the State Treasury to the credit of the
  246  State Housing Trust Fund and used as follows:
  247         (a) Twelve and one-half percent of that amount shall be
  248  deposited into the State Housing Trust Fund and be expended by
  249  the Department of Community Affairs and by the Florida Housing
  250  Finance Corporation for the purposes for which the State Housing
  251  Trust Fund was created and exists by law.
  252         (b) Eighty-seven and one-half percent of that amount shall
  253  be distributed to the Local Government Housing Trust Fund and
  254  used for the purposes for which the Local Government Housing
  255  Trust Fund was created and exists by law. Funds from this
  256  category may also be used to provide for state and local
  257  services to assist the homeless.
  258         (13) In each fiscal year that the remaining taxes exceed
  259  collections in the prior fiscal year, the stated maximum dollar
  260  amounts provided in subsections (2), (4), (6), and (7), (9), and
  261  (10) shall each be increased by an amount equal to 10 percent of
  262  the increase in the remaining taxes collected under this chapter
  263  multiplied by the applicable percentage provided in those
  264  subsections.
  265         Section 5. Section 8 of chapter 2009-131, Laws of Florida,
  266  is repealed, retroactive to June 30, 2009.
  267         Section 6. Paragraph (c) of subsection (4) of section
  268  420.0003, Florida Statutes, is amended to read:
  269         420.0003 State housing strategy.—
  270         (4) IMPLEMENTATION.—The Department of Community Affairs and
  271  the Florida Housing Finance Corporation in carrying out the
  272  strategy articulated herein shall have the following duties:
  273         (c) The Shimberg Center for Affordable Housing, in
  274  consultation with the Department of Community Affairs and the
  275  Florida Housing Finance Corporation, shall review and evaluate
  276  existing housing rehabilitation, production, and finance
  277  programs to determine their consistency with relevant policies
  278  in this section and identify the needs of specific populations,
  279  including, but not limited to, elderly persons, and handicapped
  280  persons, and persons with special needs, and shall recommend
  281  statutory modifications where appropriate. The Shimberg Center
  282  for Affordable Housing, in consultation with the Department of
  283  Community Affairs and the corporation, shall also evaluate the
  284  degree of coordination between state housing programs, and
  285  between state, federal, and local housing activities, and shall
  286  recommend improved program linkages. The recommendations
  287  required above and a report of any programmatic modifications
  288  made as a result of these policies shall be included in the
  289  housing report required by s. 420.6075, beginning December 31,
  290  1991, and every 5 years thereafter.
  291         Section 7. Section 420.0004, Florida Statutes, is amended
  292  to read:
  293         420.0004 Definitions.—As used in this part, unless the
  294  context otherwise indicates:
  295         (1) “Adjusted for family size” means adjusted in a manner
  296  which results in an income eligibility level which is lower for
  297  households with fewer than four people, or higher for households
  298  with more than four people, than the base income eligibility
  299  determined as provided in subsection (9) (8), subsection (11)
  300  (10), subsection (12) (11), or subsection (17) (15), based upon
  301  a formula as established by the United States Department of
  302  Housing and Urban Development.
  303         (2) “Adjusted gross income” means all wages, assets,
  304  regular cash or noncash contributions or gifts from persons
  305  outside the household, and such other resources and benefits as
  306  may be determined to be income by the United States Department
  307  of Housing and Urban Development, adjusted for family size, less
  308  deductions allowable under s. 62 of the Internal Revenue Code.
  309         (3) “Affordable” means that monthly rents or monthly
  310  mortgage payments including taxes, insurance, and utilities do
  311  not exceed 30 percent of that amount which represents the
  312  percentage of the median adjusted gross annual income for the
  313  households as indicated in subsection (9) (8), subsection (11)
  314  (10), subsection (12) (11), or subsection (17) (15).
  315         (4) “Corporation” means the Florida Housing Finance
  316  Corporation.
  317         (5) “Community-based organization” or “nonprofit
  318  organization” means a private corporation organized under
  319  chapter 617 to assist in the provision of housing and related
  320  services on a not-for-profit basis and which is acceptable to
  321  federal and state agencies and financial institutions as a
  322  sponsor of low-income housing.
  323         (6) “Department” means the Department of Community Affairs.
  324         (7) “Disabling condition” means a diagnosable substance
  325  abuse disorder, serious mental illness, developmental
  326  disability, or chronic physical illness or disability, or the
  327  co-occurrence of two or more of these conditions, and a
  328  determination that the condition is:
  329         (a) Expected to be of long-continued and indefinite
  330  duration; and
  331         (b) Not expected to impair the ability of the person with
  332  special needs to live independently with appropriate supports.
  333         (8)(7) “Elderly” describes persons 62 years of age or
  334  older.
  335         (9)(8) “Extremely-low-income persons” means one or more
  336  natural persons or a family whose total annual household income
  337  does not exceed 30 percent of the median annual adjusted gross
  338  income for households within the state. The Florida Housing
  339  Finance Corporation may adjust this amount annually by rule to
  340  provide that in lower income counties, extremely low income may
  341  exceed 30 percent of area median income and that in higher
  342  income counties, extremely low income may be less than 30
  343  percent of area median income.
  344         (10)(9) “Local public body” means any county, municipality,
  345  or other political subdivision, or any housing authority as
  346  provided by chapter 421, which is eligible to sponsor or develop
  347  housing for farmworkers and very-low-income and low-income
  348  persons within its jurisdiction.
  349         (11)(10) “Low-income persons” means one or more natural
  350  persons or a family, the total annual adjusted gross household
  351  income of which does not exceed 80 percent of the median annual
  352  adjusted gross income for households within the state, or 80
  353  percent of the median annual adjusted gross income for
  354  households within the metropolitan statistical area (MSA) or, if
  355  not within an MSA, within the county in which the person or
  356  family resides, whichever is greater.
  357         (12)(11) “Moderate-income persons” means one or more
  358  natural persons or a family, the total annual adjusted gross
  359  household income of which is less than 120 percent of the median
  360  annual adjusted gross income for households within the state, or
  361  120 percent of the median annual adjusted gross income for
  362  households within the metropolitan statistical area (MSA) or, if
  363  not within an MSA, within the county in which the person or
  364  family resides, whichever is greater.
  365         (13) “Person with special needs” means an adult person
  366  requiring independent living services in order to maintain
  367  housing or develop independent living skills and who has a
  368  disabling condition; a young adult formerly in foster care who
  369  is eligible for services under s. 409.1451(5); a survivor of
  370  domestic violence as defined in s. 741.28; or a person receiving
  371  benefits under the Social Security Disability Insurance (SSDI)
  372  program or the Supplemental Security Income (SSI) program or
  373  from veterans’ disability benefits.
  374         (14)(12) “Student” means any person not living with his or
  375  her parent or guardian who is eligible to be claimed by his or
  376  her parent or guardian as a dependent under the federal income
  377  tax code and who is enrolled on at least a half-time basis in a
  378  secondary school, career center, community college, college, or
  379  university.
  380         (15)(13) “Substandard” means:
  381         (a) Any unit lacking complete plumbing or sanitary
  382  facilities for the exclusive use of the occupants;
  383         (b) A unit which is in violation of one or more major
  384  sections of an applicable housing code and where such violation
  385  poses a serious threat to the health of the occupant; or
  386         (c) A unit that has been declared unfit for human
  387  habitation but that could be rehabilitated for less than 50
  388  percent of the property value.
  389         (16)(14) “Substantial rehabilitation” means repair or
  390  restoration of a dwelling unit where the value of such repair or
  391  restoration exceeds 40 percent of the value of the dwelling.
  392         (17)(15) “Very-low-income persons” means one or more
  393  natural persons or a family, not including students, the total
  394  annual adjusted gross household income of which does not exceed
  395  50 percent of the median annual adjusted gross income for
  396  households within the state, or 50 percent of the median annual
  397  adjusted gross income for households within the metropolitan
  398  statistical area (MSA) or, if not within an MSA, within the
  399  county in which the person or family resides, whichever is
  400  greater.
  401         Section 8. Section 420.0006, Florida Statutes, is amended
  402  to read:
  403         420.0006 Authority to contract with corporation; contract
  404  requirements; nonperformance.—The secretary of the department
  405  shall contract, notwithstanding the provisions of part I of
  406  chapter 287, with the Florida Housing Finance Corporation on a
  407  multiyear basis to stimulate, provide, and foster affordable
  408  housing in the state. The contract must incorporate the
  409  performance measures required by s. 420.511 and must be
  410  consistent with the provisions of the corporation’s strategic
  411  plan prepared in accordance with s. 420.511 and compatible with
  412  s. 216.0166. The contract must provide that, in the event the
  413  corporation fails to comply with any of the performance measures
  414  required by s. 420.511, the secretary shall notify the Governor
  415  and shall refer the nonperformance to the department’s inspector
  416  general for review and determination as to whether such failure
  417  is due to forces beyond the corporation’s control or whether
  418  such failure is due to inadequate management of the
  419  corporation’s resources. Advances shall continue to be made
  420  pursuant to s. 420.0005 during the pendency of the review by the
  421  department’s inspector general. If such failure is due to
  422  outside forces, it shall not be deemed a violation of the
  423  contract. If such failure is due to inadequate management, the
  424  department’s inspector general shall provide recommendations
  425  regarding solutions. The Governor is authorized to resolve any
  426  differences of opinion with respect to performance under the
  427  contract and may request that advances continue in the event of
  428  a failure under the contract due to inadequate management. The
  429  Chief Financial Officer shall approve the request absent a
  430  finding by the Chief Financial Officer that continuing such
  431  advances would adversely impact the state; however, in any event
  432  the Chief Financial Officer shall provide advances sufficient to
  433  meet the debt service requirements of the corporation and
  434  sufficient to fund contracts committing funds from the State
  435  Housing Trust Fund so long as such contracts are in accordance
  436  with the laws of this state. The department inspector general
  437  shall perform for the corporation the functions set forth in s.
  438  20.055 and report to the secretary of the department. The
  439  corporation shall be deemed an agency for the purposes of s.
  440  20.055.
  441         Section 9. Subsection (3) of section 420.504, Florida
  442  Statutes, is amended to read:
  443         420.504 Public corporation; creation, membership, terms,
  444  expenses.—
  445         (3) The corporation is a separate budget entity and is not
  446  subject to control, supervision, or direction by the Department
  447  of Community Affairs in any manner, including, but not limited
  448  to, personnel, purchasing, transactions involving real or
  449  personal property, and budgetary matters. The corporation shall
  450  consist of a board of directors composed of the Secretary of
  451  Community Affairs as an ex officio and voting member, or a
  452  senior-level agency employee designated by the secretary, and
  453  eight members appointed by the Governor subject to confirmation
  454  by the Senate from the following:
  455         (a) One citizen actively engaged in the residential home
  456  building industry.
  457         (b) One citizen actively engaged in the banking or mortgage
  458  banking industry.
  459         (c) One citizen who is a representative of those areas of
  460  labor engaged in home building.
  461         (d) One citizen with experience in housing development who
  462  is an advocate for low-income persons.
  463         (e) One citizen actively engaged in the commercial building
  464  industry.
  465         (f) One citizen who is a former local government elected
  466  official.
  467         (g) Two citizens of the state who are not principally
  468  employed as members or representatives of any of the groups
  469  specified in paragraphs (a)-(f).
  470         Section 10. Section 420.506, Florida Statutes, is amended
  471  to read:
  472         420.506 Executive director; agents and employees; inspector
  473  general.—
  474         (1) The appointment and removal of an executive director
  475  shall be by the Secretary of Community Affairs, with the advice
  476  and consent of the corporation’s board of directors. The
  477  executive director shall employ legal and technical experts and
  478  such other agents and employees, permanent and temporary, as the
  479  corporation may require, and shall communicate with and provide
  480  information to the Legislature with respect to the corporation’s
  481  activities. The board is authorized, notwithstanding the
  482  provisions of s. 216.262, to develop and implement rules
  483  regarding the employment of employees of the corporation and
  484  service providers, including legal counsel. The board of
  485  directors of the corporation is entitled to establish travel
  486  procedures and guidelines for employees of the corporation. The
  487  executive director’s office and the corporation’s files and
  488  records must be located in Leon County.
  489         (2) The appointment and removal of an inspector general
  490  shall be by the executive director, with the advice and consent
  491  of the corporation’s board of directors. The corporation’s
  492  inspector general shall perform for the corporation the
  493  functions set forth in s. 20.055. The inspector general shall
  494  administratively report to the executive director. The inspector
  495  general shall meet the minimum qualifications as set forth in s.
  496  20.055(4). The corporation may establish additional
  497  qualifications deemed necessary by the board of directors to
  498  meet the unique needs of the corporation. The inspector general
  499  shall be responsible for coordinating the responsibilities set
  500  forth in s. 420.0006.
  501         Section 11. Paragraph (a) of subsection (22) and
  502  subsections (33), (46), and (47) of section 420.507, Florida
  503  Statutes, are amended to read:
  504         420.507 Powers of the corporation.—The corporation shall
  505  have all the powers necessary or convenient to carry out and
  506  effectuate the purposes and provisions of this part, including
  507  the following powers which are in addition to all other powers
  508  granted by other provisions of this part:
  509         (22) To develop and administer the State Apartment
  510  Incentive Loan Program. In developing and administering that
  511  program, the corporation may:
  512         (a) Make first, second, and other subordinated mortgage
  513  loans including variable or fixed rate loans subject to
  514  contingent interest for all State Apartment Incentive Loans
  515  provided in this chapter based upon available cash flow of the
  516  projects. The corporation shall make loans exceeding 25 percent
  517  of project cost only to nonprofit organizations and public
  518  bodies that are able to secure grants, donations of land, or
  519  contributions from other sources and to projects meeting the
  520  criteria of subparagraph 1. Mortgage loans shall be made
  521  available at the following rates of interest:
  522         1. Zero to 3 percent interest for sponsors of projects that
  523  set aside at least 80 percent of their total units for residents
  524  qualifying as farmworkers, commercial fishing workers, or the
  525  homeless as defined in s. 420.621, or persons with special needs
  526  as defined in s. 420.0004(13) over the life of the loan.
  527         2. Zero to 3 percent interest based on the pro rata share
  528  of units set aside for homeless residents or persons with
  529  special needs if the total of such units is less than 80 percent
  530  of the units in the borrower’s project.
  531         3. One to 9 percent interest for sponsors of projects
  532  targeted at populations other than farmworkers, commercial
  533  fishing workers, or the homeless, or persons with special needs.
  534         (33) To receive federal funding in connection with the
  535  corporation’s programs directly from the Federal Government and
  536  to receive federal funds for which no corresponding program has
  537  been created in statute and establish selection criteria for
  538  such funds by request for proposals or other competitive
  539  solicitation.
  540         (46) To require, as a condition of financing a multifamily
  541  rental project, that an agreement be recorded in the official
  542  records of the county where the real property is located, which
  543  requires that the project be used for housing defined as
  544  affordable in s. 420.0004(3) by persons defined in s.
  545  420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
  546  agreement is a state land use regulation that limits the highest
  547  and best use of the property within the meaning of s.
  548  193.011(2).
  549         (47) To provide by rule, in connection with any corporation
  550  competitive program, criteria establishing, where all other
  551  competitive elements are equal, a preference for developers and
  552  general contractors who demonstrate the highest rate of Florida
  553  job creation in the development and construction of affordable
  554  housing domiciled in this state and for developers and general
  555  contractors, regardless of domicile, who have substantial
  556  experience in developing or building affordable housing through
  557  the corporation’s programs.
  558         (a) In evaluating whether a developer or general contractor
  559  is domiciled in this state, the corporation shall consider
  560  whether the developer’s or general contractor’s principal office
  561  is located in this state and whether a majority of the
  562  developer’s or general contractor’s principals and financial
  563  beneficiaries reside in Florida.
  564         (b) In evaluating whether a developer or general contractor
  565  has substantial experience, the corporation shall consider
  566  whether the developer or general contractor has completed at
  567  least five developments using funds either provided by or
  568  administered by the corporation.
  569         Section 12. Subsection (3) and paragraph (c) of subsection
  570  (6) of section 420.5087, Florida Statutes, are amended to read:
  571         420.5087 State Apartment Incentive Loan Program.—There is
  572  hereby created the State Apartment Incentive Loan Program for
  573  the purpose of providing first, second, or other subordinated
  574  mortgage loans or loan guarantees to sponsors, including for
  575  profit, nonprofit, and public entities, to provide housing
  576  affordable to very-low-income persons.
  577         (3) During the first 6 months of loan or loan guarantee
  578  availability, program funds shall be reserved for use by
  579  sponsors who provide the housing set-aside required in
  580  subsection (2) for the tenant groups designated in this
  581  subsection. The reservation of funds to each of these groups
  582  shall be determined using the most recent statewide very-low
  583  income rental housing market study available at the time of
  584  publication of each notice of fund availability required by
  585  paragraph (6)(b). The reservation of funds within each notice of
  586  fund availability to the tenant groups in paragraphs (a), (b),
  587  and (e) (d) may not be less than 10 percent of the funds
  588  available at that time. Any increase in funding required to
  589  reach the 10-percent minimum must be taken from the tenant group
  590  that has the largest reservation. The reservation of funds
  591  within each notice of fund availability to the tenant group in
  592  paragraph (c) may not be less than 5 percent of the funds
  593  available at that time. The reservation of funds within each
  594  notice of fund availability to the tenant group in paragraph (d)
  595  may not be more than 10 percent of the funds available at that
  596  time. The tenant groups are:
  597         (a) Commercial fishing workers and farmworkers;
  598         (b) Families;
  599         (c) Persons who are homeless;
  600         (d) Persons with special needs; and
  601         (e)(d) Elderly persons. Ten percent of the amount reserved
  602  for the elderly shall be reserved to provide loans to sponsors
  603  of housing for the elderly for the purpose of making building
  604  preservation, health, or sanitation repairs or improvements
  605  which are required by federal, state, or local regulation or
  606  code, or lifesafety or security-related repairs or improvements
  607  to such housing. Such a loan may not exceed $750,000 per housing
  608  community for the elderly. In order to receive the loan, the
  609  sponsor of the housing community must make a commitment to match
  610  at least 5 percent of the loan amount to pay the cost of such
  611  repair or improvement. The corporation shall establish the rate
  612  of interest on the loan, which may not exceed 3 percent, and the
  613  term of the loan, which may not exceed 15 years; however, if the
  614  lien of the corporation’s encumbrance is subordinate to the lien
  615  of another mortgagee, then the term may be made coterminous with
  616  the longest term of the superior lien. The term of the loan
  617  shall be based on a credit analysis of the applicant. The
  618  corporation may forgive indebtedness for a share of the loan
  619  attributable to the units in a project reserved for extremely
  620  low-income elderly by nonprofit organizations, as defined in s.
  621  420.0004(5), where the project has provided affordable housing
  622  to the elderly for 15 years or more. The corporation shall
  623  establish, by rule, the procedure and criteria for receiving,
  624  evaluating, and competitively ranking all applications for loans
  625  under this paragraph. A loan application must include evidence
  626  of the first mortgagee’s having reviewed and approved the
  627  sponsor’s intent to apply for a loan. A nonprofit organization
  628  or sponsor may not use the proceeds of the loan to pay for
  629  administrative costs, routine maintenance, or new construction.
  630         (6) On all state apartment incentive loans, except loans
  631  made to housing communities for the elderly to provide for
  632  lifesafety, building preservation, health, sanitation, or
  633  security-related repairs or improvements, the following
  634  provisions shall apply:
  635         (c) The corporation shall provide by rule for the
  636  establishment of a review committee composed of the department
  637  and corporation staff and shall establish by rule a scoring
  638  system for evaluation and competitive ranking of applications
  639  submitted in this program, including, but not limited to, the
  640  following criteria:
  641         1. Tenant income and demographic targeting objectives of
  642  the corporation.
  643         2. Targeting objectives of the corporation which will
  644  ensure an equitable distribution of loans between rural and
  645  urban areas.
  646         3. Sponsor’s agreement to reserve the units for persons or
  647  families who have incomes below 50 percent of the state or local
  648  median income, whichever is higher, for a time period to exceed
  649  the minimum required by federal law or the provisions of this
  650  part.
  651         4. Sponsor’s agreement to reserve more than:
  652         a. Twenty percent of the units in the project for persons
  653  or families who have incomes that do not exceed 50 percent of
  654  the state or local median income, whichever is higher; or
  655         b. Forty percent of the units in the project for persons or
  656  families who have incomes that do not exceed 60 percent of the
  657  state or local median income, whichever is higher, without
  658  requiring a greater amount of the loans as provided in this
  659  section.
  660         5. Provision for tenant counseling.
  661         6. Sponsor’s agreement to accept rental assistance
  662  certificates or vouchers as payment for rent.
  663         7. Projects requiring the least amount of a state apartment
  664  incentive loan compared to overall project cost except that the
  665  share of the loan attributable to units serving extremely-low
  666  income persons shall be excluded from this requirement.
  667         8. Local government contributions and local government
  668  comprehensive planning and activities that promote affordable
  669  housing.
  670         9. Project feasibility.
  671         10. Economic viability of the project.
  672         11. Commitment of first mortgage financing.
  673         12. Sponsor’s prior experience, including whether the
  674  developer and general contractor have substantial experience, as
  675  provided in s. 420.507(47).
  676         13. Sponsor’s ability to proceed with construction.
  677         14. Projects that directly implement or assist welfare-to
  678  work transitioning.
  679         15. Projects that reserve units for extremely-low-income
  680  persons.
  681         16. Projects that include green building principles, storm
  682  resistant construction, or other elements that reduce long-term
  683  costs relating to maintenance, utilities, or insurance.
  684         17. Job-creation rate Domicile of the developer and general
  685  contractor, as provided in s. 420.507(47).
  686         Section 13. Paragraphs (d), (e), (f), and (g) of subsection
  687  (2) of section 163.31771, Florida Statutes, are 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 s.
  693  420.0004(12)(11).
  694         (f) “Very-low-income persons” has the same meaning as in s.
  695  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 housing
  734  project or mixed-use project are exempt from the tax imposed by
  735  this chapter upon an affirmative showing to the satisfaction of
  736  the department that the requirements of this paragraph have been
  737  met. This exemption inures to the owner through a refund of
  738  previously paid taxes. To receive this refund, the owner must
  739  file an application under oath with the department which
  740  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 be
  757  submitted to the department within 6 months after the date the
  758  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 established
  772  within the Department of Financial Services the My Safe Florida
  773  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 construction
  805  of the home must have been made before March 1, 2002.
  807  An application for a grant must contain a signed or
  808  electronically verified statement made under penalty of perjury
  809  that the applicant has submitted only a single application and
  810  must have attached documents demonstrating the applicant meets
  811  the requirements of this paragraph.
  812         (g) Low-income homeowners, as defined in s.
  813  420.0004(11)(10), who otherwise meet the requirements of
  814  paragraphs (a), (c), (e), and (f) are eligible for a grant of up
  815  to $5,000 and are not required to provide a matching amount to
  816  receive the grant. Additionally, for low-income homeowners,
  817  grant funding may be used for repair to existing structures
  818  leading to any of the mitigation improvements provided in
  819  paragraph (e), limited to 20 percent of the grant value. The
  820  program may accept a certification directly from a low-income
  821  homeowner that the homeowner meets the requirements of s.
  822  420.0004(11)(10) if the homeowner provides such certification in
  823  a signed or electronically verified statement made under penalty
  824  of perjury.
  825         Section 16. Subsection (19) of section 420.503, Florida
  826  Statutes, is amended to read:
  827         420.503 Definitions.—As used in this part, the term:
  828         (19) “Housing for the elderly” means, for purposes of s.
  829  420.5087(3)(e)(d), any nonprofit housing community that is
  830  financed by a mortgage loan made or insured by the United States
  831  Department of Housing and Urban Development under s. 202, s. 202
  832  with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
  833  National Housing Act, as amended, and that is subject to income
  834  limitations established by the United States Department of
  835  Housing and Urban Development, or any program funded by the
  836  Rural Development Agency of the United States Department of
  837  Agriculture and subject to income limitations established by the
  838  United States Department of Agriculture. A project which
  839  qualifies for an exemption under the Fair Housing Act as housing
  840  for older persons as defined by s. 760.29(4) shall qualify as
  841  housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
  842  for purposes of any loans made pursuant to s. 420.508. In
  843  addition, if the corporation adopts a qualified allocation plan
  844  pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
  845  other rules that prioritize projects targeting the elderly for
  846  purposes of allocating tax credits pursuant to s. 420.5099 or
  847  for purposes of the HOME program under s. 420.5089, a project
  848  which qualifies for an exemption under the Fair Housing Act as
  849  housing for older persons as defined by s. 760.29(4) shall
  850  qualify as a project targeted for the elderly, if the project
  851  satisfies the other requirements set forth in this part.
  852         Section 17. (1) The Legislature finds that due to the
  853  current economic conditions in the housing market there is a
  854  critical need to rehabilitate or sell excess inventory of unsold
  855  homes, including foreclosed homes and newly constructed homes,
  856  as well as a critical need for the rehabilitation and
  857  preservation of older, affordable apartments. The Legislature
  858  further finds that there is a critical need to create housing
  859  related jobs and that these conditions require the targeting of
  860  state and local housing trust fund moneys to assist in the sale
  861  or rehabilitation of existing homes and the preservation and
  862  rehabilitation of older rental apartments.
  863         (2) Notwithstanding ss. 420.507(22)(a) and (23)(a),
  864  420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
  865  (5)(b), Florida Statutes, funds from the State Housing Trust
  866  Fund or the Local Government Housing Trust Fund that are
  867  appropriated for use in the State Apartment Incentive Loan
  868  Program, Florida Homeownership Assistance Program, Community
  869  Workforce Housing Innovation Pilot Program, or the State Housing
  870  Initiatives Partnership Program may not be used to:
  871         (a) Finance or otherwise assist the construction or
  872  purchase of housing sold to eligible individuals, unless the
  873  housing unit being sold had an initial certificate of occupancy
  874  prior to December 31, 2010; or
  875         (b) Finance or otherwise assist in the construction or
  876  purchase of rental housing, unless the development being
  877  financed or assisted received its initial certificate of
  878  occupancy prior to December 31, 1996.
  880  Nothing in this section restricts the use of such funds to
  881  assist with the purchase of newly constructed homes that were
  882  completed prior to December 31, 2010, or the acquisition and
  883  rehabilitation of apartments that received their initial
  884  certificate of occupancy prior to December 31, 1996. The use of
  885  such funds is subject to the restrictions of the program under
  886  which the funding is made available.
  887         (3) This section expires July 1, 2012.
  888         Section 18. This act shall take effect July 1, 2011.