Florida Senate - 2012 SB 1182
By Senator Norman
12-00941-12 20121182__
1 A bill to be entitled
2 An act relating to public housing; amending s. 421.02,
3 F.S.; revising a declaration of necessity; providing
4 that access to essential commercial goods and services
5 for persons of low income served by housing
6 authorities is a public use; amending s. 421.03, F.S.;
7 reordering and revising definitions applicable to the
8 Housing Authorities Law; revising the definition of
9 the term “housing project”; defining the term
10 “essential commercial goods and services”; amending s.
11 421.08, F.S.; prohibiting the use of eminent domain
12 for certain purposes; expanding certain powers of
13 housing authorities to include certain commercial
14 projects providing essential goods and services;
15 providing for the use of revenues received from such
16 projects; amending s. 421.09, F.S.; conforming a
17 cross-reference; reenacting and amending s. 421.21,
18 F.S., relating to tax exemptions applicable to housing
19 authorities created pursuant to certain federal
20 programs; amending s. 421.32, F.S.; conforming a
21 cross-reference; amending s. 422.02, F.S.; revising a
22 declaration of necessity; providing that there exists
23 a shortage of access to essential commercial goods and
24 services necessary for daily living for persons of low
25 income; amending s. 422.04, F.S.; expanding certain
26 powers of state public bodies to include certain
27 commercial projects providing essential goods and
28 services; amending s. 423.01, F.S.; revising and
29 providing findings and declarations of property of tax
30 exemption for housing authorities relating to access
31 to essential commercial goods and services necessary
32 for daily living for persons of low income; amending
33 s. 423.02, F.S.; exempting certain commercial projects
34 that allow access to essential goods and services for
35 persons of low income residing in such housing
36 projects from certain taxes and special assessments;
37 providing organizational and editorial changes for
38 purposes of clarifying various provisions; providing
39 an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Section 421.02, Florida Statutes, is amended to
44 read:
45 421.02 Finding and declaration of necessity.—It is hereby
46 declared that:
47 (1) There exist in the state insanitary or unsafe dwelling
48 accommodations and that persons of low income are forced to
49 reside in such insanitary or unsafe accommodations; that within
50 the state there is a shortage of safe or sanitary dwelling
51 accommodations available at rents which persons of low income
52 can afford and that such persons are forced to occupy
53 overcrowded and congested dwelling accommodations; that such the
54 aforesaid conditions cause an increase in and spread of disease
55 and crime and constitute a menace to the health, safety, morals,
56 and welfare of the residents of the state and impair economic
57 values; and that these conditions necessitate excessive and
58 disproportionate expenditures of public funds for crime
59 prevention and punishment, public health, welfare and safety,
60 fire and accident protection, and other public services and
61 facilities.
62 (2) Blighted areas in the state cannot be revitalized, nor
63 can the shortage of safe and sanitary dwellings for persons of
64 low income be relieved, solely through the operation of private
65 enterprise.
66 (3) The clearance, replanning, and reconstruction of the
67 areas in which insanitary or unsafe housing conditions exist,
68 and the providing of safe and sanitary dwelling accommodations,
69 and the access to essential commercial goods and services
70 necessary for daily living for persons of low income, including
71 the acquisition by a housing authority of property to be used
72 for or in connection with housing projects or appurtenant
73 thereto, are exclusively public uses and purposes for which
74 public money may be spent and private property acquired and are
75 governmental functions of public concern.
76 (4) An important public purpose is served by providing
77 access to essential commercial goods and services necessary for
78 daily living for persons served by public housing authorities as
79 those persons often have limited transportation capacity and
80 significant family demands. Issues such as limited
81 transportation capacity and significant family demands
82 complicate daily living and make access to essential commercial
83 goods and services difficult.
84 (5)(4) The necessity in the public interest for the
85 provisions hereinafter enacted, is hereby declared as a matter
86 of legislative determination.
87 Section 2. Section 421.03, Florida Statutes, is amended to
88 read:
89 421.03 Definitions.—As used The following terms, wherever
90 used or referred to in this part, except where the context
91 clearly indicates otherwise, the term shall have the following
92 respective meanings for the purposes of this part, unless a
93 different meaning clearly appears from the context:
94 (1)(6) “Area of operation”:
95 (a) In the case of a housing authority of a city having a
96 population of less than 25,000, includes shall include such city
97 and the area within 5 miles of its the territorial boundaries.
98 thereof; and
99 (b) In the case of a housing authority of a city having a
100 population of 25,000 or more includes shall include such city
101 and the area within 10 miles from its the territorial
102 boundaries. thereof; provided However, that the area of
103 operation of a housing authority of a any city may shall not
104 include any area that which lies within the territorial
105 boundaries of another some other city as herein defined; and may
106 further provided that the area of operation shall not extend
107 outside of the boundaries of the county in which the city is
108 located, and a no housing authority has no shall have any power
109 or jurisdiction outside of the county in which the city is
110 located.
111 (2)(1) “Authority” or “housing authority” means a shall
112 mean any of the public corporation corporations created pursuant
113 to by s. 421.04.
114 (3)(2) “City” means shall mean any city or town of the
115 state having a population of more than 2,500, according to the
116 last preceding federal or state census. The term means “The
117 city” shall mean the particular city for which a particular
118 housing authority is created.
119 (4)(5) “Clerk” means shall mean the clerk of the city or
120 the officer of the city charged with the duties customarily
121 imposed on the clerk thereof.
122 (5)(11) “Debentures” means shall mean any notes, interim
123 certificates, debentures, revenue certificates, or other
124 obligations issued by an authority pursuant to this chapter.
125 (6) “Essential commercial goods and services” means goods,
126 such as groceries and clothing, and services, such as child
127 care, K-12 education, financial services, job training and
128 placement, and laundry facilities, that are necessary for daily
129 living and that may be difficult for persons of low income to
130 access unless collocated with the housing project where they
131 live and substantially serving persons of low income.
132 (7) “Federal Government” means shall include the United
133 States Government, the Federal Emergency Administration of
134 Public Works or any department, commission, other agency, or
135 other instrumentality thereof, corporate or otherwise, of the
136 United States.
137 (8)(3) “Governing body” means shall mean the city council,
138 the commission, or other legislative body charged with governing
139 the city, as the case may be.
140 (9) “Housing project” means shall mean any work or
141 undertaking:
142 (a) To demolish, clear, or remove buildings from any slum
143 area, which; such work or undertaking may embrace the adaption
144 of such area to public purposes, including parks or other
145 recreational or community purposes; or
146 (b) To provide decent, safe, and sanitary urban or rural
147 dwellings, apartments, or other living accommodations for
148 persons of low income, which; such work or undertaking may
149 include buildings, land, equipment, facilities, and other real
150 or personal property for necessary, convenient, or desirable
151 appurtenances, streets, sewers, water service, parks, site
152 preparation, gardening, administrative, community, health,
153 recreational, educational, welfare, or other purposes; or
154 (c) To provide access to essential commercial goods and
155 services; or
156 (d)(c) To accomplish a combination of the foregoing.
157
158 The term “housing project” also applies may be applied to the
159 planning of the buildings and improvements, the acquisition of
160 property, the demolition of existing structures, the
161 construction, reconstruction, alteration, and repair of the
162 improvements, and all other work in connection therewith.
163 (10)(4) “Mayor” means shall mean the mayor of the city or
164 the officer thereof charged with the duties customarily imposed
165 on the mayor or executive head of the city.
166 (11)(13) “Obligee of the authority” or “obligee” includes
167 shall include any holder of debentures, trustee or trustees for
168 any such holders, or lessor demising to the authority property
169 used in connection with a housing project, or any assignee or
170 assignees of such lessor’s interest or any part thereof, and the
171 Federal Government when it is a party to any contract with the
172 authority.
173 (12)(10) “Persons of low income” means shall mean persons
174 or families who lack the amount of income which is necessary, as
175 determined by the authority undertaking the housing project, to
176 enable them, without financial assistance, to live in decent,
177 safe and sanitary dwellings, without overcrowding.
178 (13)(12) “Real property” includes shall include all lands,
179 including improvements and fixtures thereon, and property of any
180 nature appurtenant thereto, or used in connection therewith, and
181 every estate, interest and right, legal or equitable, therein,
182 including terms for years and liens by way of judgment, mortgage
183 or otherwise and the indebtedness secured by such liens.
184 (14)(8) “Slum” means shall mean any area where dwellings
185 predominate which, by reason of dilapidation, overcrowding,
186 faulty arrangement or design, lack of ventilation, light or
187 sanitary facilities, or any combination of these factors, are
188 detrimental to safety, health and morals.
189 Section 3. Section 421.08, Florida Statutes, is amended to
190 read:
191 421.08 Powers of authority.—
192 (1) An authority shall constitute a public body corporate
193 and politic, exercising the public and essential governmental
194 functions set forth in this chapter, and having all the powers
195 necessary or convenient to carry out and effectuate the purpose
196 and provisions of this chapter, including the following powers
197 in addition to others herein granted in this chapter:
198 (a)(1) To sue and be sued; to have a seal and to alter it
199 the same at pleasure; to have perpetual succession; to make and
200 execute contracts and other instruments necessary or convenient
201 to the exercise of the powers of the authority; to appear in
202 court through any of its officers, agents, or employees, for the
203 exclusive purpose of filing eviction papers; and to make and
204 from time to time amend and repeal bylaws, rules and
205 regulations, not inconsistent with this chapter, to carry into
206 effect the powers and purposes of the authority.
207 (b)(2) Within its area of operation, to prepare, carry out,
208 acquire, lease, and operate housing projects and; to provide for
209 the construction, reconstruction, improvement, alteration, or
210 repair of any housing project or any part thereof.
211 (c)(3) To arrange or contract for the furnishing by any
212 person or agency, public or private, of services, privileges,
213 works, or facilities for, or in connection with, a housing
214 project or the occupants thereof.; provided, however, that
215 1. Notwithstanding any other power or provision in this
216 chapter, the authority may shall not construct, lease, control,
217 purchase, or otherwise establish, in connection with or as a
218 part of any housing project or any other real or any other
219 property under its control, any system, work, facilities,
220 plants, or other equipment for the purpose of furnishing utility
221 service of any kind to such projects or to any tenant or
222 occupant thereof if in the event that a system, work, facility,
223 plant, or other equipment for the furnishing of the same utility
224 service is being actually operated by a municipality or private
225 concern in the area of operation or the city or the territory
226 immediately adjacent thereto; provided, further, but this does
227 not that nothing herein shall be construed to prohibit the
228 construction or acquisition by the authority of any system,
229 work, facilities, or other equipment for the sole and only
230 purpose of receiving utility services from any such municipality
231 or such private concern and then distributing such utility
232 services to the project and to the tenants and occupants
233 thereof.; and,
234 2. Notwithstanding anything to the contrary contained in
235 this chapter or in any other provision of law, the authority may
236 to include, in any contract let in connection with a project,
237 stipulations requiring that the contractor and any
238 subcontractors comply with requirements as to minimum wages and
239 maximum hours of labor, and comply with any conditions which the
240 Federal Government may have attached to its financial aid of the
241 project.
242 (d)(4) To lease or rent any dwellings, houses,
243 accommodations, lands, buildings, structures, or facilities
244 embraced in any housing project and, subject to the limitations
245 contained in this chapter, to establish and revise the rents or
246 charges therefor; to own, hold, and improve real or personal
247 property; to purchase, lease, obtain options upon, acquire by
248 gift, grant, bequest, devise, or otherwise any real or personal
249 property or any interest therein; to acquire by the exercise of
250 the power of eminent domain any real property, except real
251 property to be used to provide access to essential commercial
252 goods and services; to sell, lease, exchange, transfer, assign,
253 pledge, or dispose of any real or personal property or any
254 interest therein; to insure or provide for the insurance of any
255 real or personal property or operations of the authority against
256 any risks or hazards; and to procure or agree to the procurement
257 of insurance or guarantees from the Federal Government of the
258 payment of any such debts or parts thereof, whether or not
259 incurred by the said authority, including the power to pay
260 premiums on any such insurance.
261 (e)(5) To invest any funds held in reserves or sinking
262 funds, or any funds not required for immediate disbursement, in
263 property or securities in which savings banks may legally invest
264 funds subject to their control and; to purchase its debentures
265 at a price not exceeding more than the principal amount thereof
266 and accrued interest, with all debentures so purchased to be
267 canceled.
268 (f)(6) Within its area of operation: to investigate into
269 living, dwelling, and housing conditions and into the means and
270 methods of improving such conditions; to determine where slum
271 areas exist or where there is a shortage of decent, safe, and
272 sanitary dwelling accommodations for persons of low income; to
273 make studies and recommendations relating to the problem of
274 clearing, replanning, and reconstruction of slum areas and the
275 problem of providing dwelling accommodations for persons of low
276 income; to administer fair housing ordinances and other
277 ordinances as adopted by cities, counties, or other authorities
278 who wish to contract for administrative services and to
279 cooperate with the city, the county, or the state or any
280 political subdivision thereof in action taken in connection with
281 such problems; and to engage in research, studies, and
282 experimentation on the subject of housing.
283 (g)(7) Acting through one or more commissioners or other
284 person or persons designated by the authority:; to conduct
285 examinations and investigations and to hear testimony and take
286 proof under oath at public or private hearings on any matter
287 material for its information; to administer oaths, issue
288 subpoenas requiring the attendance of witnesses or the
289 production of books and papers, and to issue commissions for the
290 examination of witnesses who are outside of the state, or unable
291 to attend before the authority, or excused from attendance; and
292 to make available to appropriate agencies, including those
293 charged with the duty of abating or requiring the correction of
294 nuisances or like conditions, or of demolishing unsafe or
295 insanitary structures within its area of operation, its findings
296 and recommendations with regard to any building or property
297 where conditions exist which are dangerous to the public health,
298 morals, safety, or welfare.
299 (h)(8)(a) To organize for the purpose of creating a for
300 profit or not-for-profit corporation, limited liability company,
301 or other similar business entity pursuant to all applicable laws
302 of this state in which the housing authority may hold an
303 ownership interest or participate in its governance in order to
304 develop, acquire, lease, construct, rehabilitate, manage, or
305 operate multifamily or single-family residential projects and
306 commercial projects that allow access to essential goods and
307 services for persons of low income residing in such residential
308 projects.
309 1. These projects may include nonresidential uses and may
310 use public and private funds to serve individuals or families
311 who meet the applicable income requirements of the state or
312 federal program involved; whose income does not exceed 150
313 percent of the applicable median income for the area, as
314 established by the United States Department of Housing and Urban
315 Development; and who, in the determination of the housing
316 authority, lack sufficient income or assets to enable them to
317 purchase or rent a decent, safe, and sanitary dwelling. These
318 corporations, limited liability companies, or other business
319 entities may join partnerships, joint ventures, or limited
320 liability companies pursuant to applicable laws or may otherwise
321 engage with business entities in developing, acquiring, leasing,
322 constructing, rehabilitating, managing, or operating such
323 projects.
324 2.(b) The creation by a housing authority of such a
325 corporation, limited liability company, or other business entity
326 that is properly registered pursuant to all applicable laws
327 before the effective date of this act is ratified and validated
328 if the creation of such corporation, limited liability company,
329 or other business entity would have been valid had this act been
330 in effect at the time such corporation, limited liability
331 company, or other business entity was created and registered.
332 3.(c) Proceedings or acts performed by a housing authority
333 or a corporation, limited liability company, or other business
334 entity authorized pursuant to subparagraph 2. paragraph (b) are
335 ratified and validated if such proceedings or acts were in
336 furtherance of the purposes set forth in this chapter and would
337 have been valid had this act been in effect at the time such
338 proceedings or acts were performed.
339 (i)(9) Notwithstanding s. 112.061, to the governing board
340 of an authority may approve and implement policies for per diem,
341 travel, and other expenses of its officials, officers, board
342 members, employees, and authorized persons in a manner
343 consistent with federal guidelines.
344 (j)(10) To exercise all or any part or combination of
345 powers herein granted in this section. No Provisions of law
346 relating with respect to acquisition, operation, or disposition
347 of property by other public bodies do not apply shall be
348 applicable to an authority unless the Legislature shall
349 specifically states so state.
350 (2) Any revenue received by a housing authority from
351 commercial projects that provide access to essential goods and
352 services necessary for daily living of persons residing in
353 housing projects must be used exclusively to upgrade and improve
354 living conditions in the housing project or to preserve and
355 rehabilitate public or affordable housing managed by the housing
356 authority.
357 Section 4. Subsection (2) of section 421.09, Florida
358 Statutes, is amended to read:
359 421.09 Operation not for profit.—
360 (2) This section does not prohibit or restrict the
361 activities or operations of a business entity created under s.
362 421.08(1)(h) 421.08(8).
363 Section 5. Section 421.21, Florida Statutes, is reenacted
364 and amended to read:
365 421.21 Aid from Federal Government; tax exemptions.—
366 (1) In addition to the powers conferred upon an authority
367 by other provisions of this chapter, an authority is empowered
368 to borrow money or accept grants or other financial assistance
369 from the Federal Government for or in aid of any housing project
370 within its area of operation, to take over or lease or manage
371 any housing project or undertaking constructed or owned by the
372 Federal Government, and to these ends, to comply with such
373 conditions and enter into such trust indentures, leases or
374 agreements as may be necessary, convenient or desirable. It is
375 the purpose and intent of this chapter to authorize every
376 authority to do any and all things necessary or desirable to
377 secure the financial aid or cooperation of the Federal
378 Government in the undertaking, construction, maintenance, or
379 operation of any housing project by such authority.
380 (2) In addition to the powers conferred upon an authority
381 by subsection (1) and other provisions of this chapter, an
382 authority is empowered to borrow money or accept grants or other
383 financial assistance from the Federal Government under s. 202 of
384 the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
385 program of the United States Department of Housing and Urban
386 Development, which provides for direct federal loans in the
387 maximum amount, as defined therein, for the purpose of assisting
388 certain nonprofit corporations to provide housing and related
389 facilities for elderly families and elderly persons.
390 (a) Housing authorities created under this section are
391 authorized to execute mortgages, notes, bills, or other forms of
392 indebtedness together with any agreements, contracts, or other
393 instruments required by the United States Department of Housing
394 and Urban Development in connection with loans made for the
395 purposes set forth in this subsection.
396 (b) This provision relating to housing facilities for the
397 elderly is cumulative and in addition to the powers given to
398 housing authorities under this chapter. All powers granted
399 generally by law to housing authorities in Florida relating to
400 issuance of trust indentures, debentures, and other methods of
401 raising capital shall apply also to housing authorities in
402 connection with their participation in programs of the United
403 States Department of Housing and Urban Development.
404 (3) It is the legislative intent that the tax exemption of
405 housing authorities provided by chapter 423, shall specifically
406 applies apply to any housing authority created under this
407 section.
408 Section 6. Section 421.32, Florida Statutes, is amended to
409 read:
410 421.32 Rural housing projects.—County housing authorities
411 and regional housing authorities are specifically empowered and
412 authorized to borrow money, accept grants, and exercise their
413 other powers to provide housing for farmers of low income and
414 domestic farm labor as defined in s. 514 of the Federal Housing
415 Act of 1949. In connection with such projects, any such housing
416 authority may enter into such leases or purchase agreements,
417 accept such conveyances and rent or sell dwellings forming part
418 of such projects to or for farmers of low income, as such
419 housing authority deems necessary in order to ensure assure the
420 achievement of the objectives of this law. Such leases,
421 agreements, or conveyances may include such covenants as the
422 housing authority deems appropriate regarding such dwellings and
423 the tracts of land described in any such instrument, which
424 covenants shall be deemed to run with the land where the housing
425 authority deems it necessary and the parties to such instrument
426 so stipulate. In providing housing for farmers of low income,
427 county housing authorities and regional housing authorities are
428 shall not be subject to the limitations provided in ss.
429 421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This
430 section may not shall be construed as limiting any other powers
431 of any housing authority.
432 Section 7. Section 422.02, Florida Statutes, is amended to
433 read:
434 422.02 Finding and declaration of necessity.—It has been
435 found and declared in the Housing Authorities Law that there
436 exist in the state unsafe and insanitary housing conditions and
437 a shortage of safe and sanitary dwelling accommodations and
438 access to essential commercial goods and services necessary for
439 daily living for persons of low income; that these conditions
440 necessitate excessive and disproportionate expenditures of
441 public funds for crime prevention and punishment, public health,
442 welfare and safety, fire and accident protection, and other
443 public services and facilities; and that the public interest
444 requires the remedying of these conditions. It is found and
445 declared that the assistance herein provided for the remedying
446 of the conditions set forth in the Housing Authorities Law
447 constitutes a public use and purpose and an essential
448 governmental function for which public moneys may be spent and
449 other aid given; that it is a proper public purpose for any
450 state public body to aid any housing authority operating within
451 its boundaries or jurisdiction or any housing project located
452 therein, as the state public body derives immediate benefits and
453 advantages from such an authority or project; and that the
454 provisions hereinafter enacted are necessary in the public
455 interest.
456 Section 8. Section 422.04, Florida Statutes, is amended to
457 read:
458 422.04 Cooperation in undertaking housing projects.—
459 (1) For the purpose of aiding and cooperating in the
460 planning, undertaking, construction, or operation of housing
461 projects located within the area in which it is authorized to
462 act, any state public body may, upon such terms, with or without
463 consideration, as it may determine:
464 (a) Dedicate, sell, convey, or lease any of its property to
465 a housing authority or the Federal Government.;
466 (b) Cause parks;, playgrounds;, recreational, community,
467 educational, water, sewer, or drainage facilities; commercial
468 projects that allow access to essential goods and services for
469 persons of low income residing in housing projects; or any other
470 works, which it is otherwise empowered to undertake, to be
471 furnished adjacent to or in connection with housing projects.;
472 (c) Furnish, dedicate, close, pave, install, grade,
473 regrade, plan, or replan streets, roads, roadways, alleys,
474 sidewalks, or other places which it is otherwise empowered to
475 undertake.;
476 (d) Plan or replan, zone or rezone any part of such state
477 public body; make exceptions from building regulations and
478 ordinances; and, with respect to any city or town, also may
479 change its map.;
480 (e) Enter into agreements, which may extend over any
481 period, notwithstanding any provision or rule of law to the
482 contrary, with a housing authority or the Federal Government
483 respecting action to be taken by such state public body pursuant
484 to any of the powers granted by this chapter.;
485 (f) Do any and all things, necessary, or convenient to aid
486 and cooperate in the planning, undertaking, construction, or
487 operation of such housing projects.;
488 (g) Purchase or legally invest in any of the debentures of
489 a housing authority and exercise all of the rights of any holder
490 of such debentures.;
491 (h) Not require any changes to be made in a housing project
492 or the manner of its construction or take any other action
493 relating to such construction with respect to any housing
494 project which a housing authority has acquired or taken over
495 from the Federal Government and which the housing authority by
496 resolution has found and declared to have been constructed in a
497 manner that will promote the public interest and afford
498 necessary safety, sanitation, and other protection., no state
499 public body shall require any changes to be made in the housing
500 project or the manner of its construction or take any other
501 action relating to such construction;
502 (i) Incur the entire expense of In connection with any
503 public improvements made by the a state public body in
504 exercising the powers herein granted, such state public body may
505 incur the entire expense thereof.
506 (2) Any law or statute to the contrary notwithstanding, any
507 sale, conveyance, lease, or agreement provided for in this
508 section may be made by a state public body without appraisal,
509 public notice, advertisement, or public bidding.
510 Section 9. Section 423.01, Florida Statutes, is amended to
511 read:
512 423.01 Finding and declaration of property of tax exemption
513 for housing authorities.—It has been found and declared in the
514 Housing Authorities Law and the Housing Cooperation Law that:
515 (1) There exist in the state housing conditions that which
516 constitute a menace to the health, safety, morals, and welfare
517 of the residents of the state;
518 (2) These conditions necessitate excessive and
519 disproportionate expenditures of public funds for crime
520 prevention and punishment, public health, welfare and safety,
521 fire and accident prevention, and other public services and
522 facilities;
523 (3) The public interest requires the remedying of these
524 conditions by the creation of housing authorities to undertake
525 projects for slum clearance and for providing safe and sanitary
526 dwelling accommodations and access to essential commercial goods
527 and services necessary for daily living for persons who lack
528 sufficient income to enable them to live in decent, safe, and
529 sanitary dwellings without overcrowding; and
530 (4) Facilities made available by housing authorities to
531 provide access to essential goods and services necessary for
532 daily living for persons residing in housing projects are a
533 critical component of those housing projects and constitute a
534 public use and a governmental function; and
535 (5)(4) Such housing projects, including all property of a
536 housing authority used for or in connection therewith or
537 appurtenant thereto and all property used to provide access to
538 essential goods and services necessary for daily living for
539 persons residing in such housing projects, are exclusively for
540 public uses and municipal purposes and not for profit, and are
541 governmental functions of state concern. As a matter of
542 legislative determination, it is found and declared that the
543 property and debentures of a housing authority are of such
544 character as may be exempt from taxation.
545 Section 10. Section 423.02, Florida Statutes, is amended to
546 read:
547 423.02 Housing projects exempted from taxes and
548 assessments; payments in lieu thereof.—The housing projects,
549 including all property of housing authorities used for or in
550 connection therewith or appurtenant thereto and all commercial
551 projects that allow access to essential goods and services for
552 persons of low income residing in such housing projects, of
553 housing authorities shall be exempt from all taxes and special
554 assessments of the state or any city, town, county, or political
555 subdivision of the state., provided, However, that in lieu of
556 such taxes or special assessments, a housing authority may agree
557 to make payments to any city, town, county, or political
558 subdivision of the state for services, improvements, or
559 facilities furnished by such city, town, county, or political
560 subdivision for the benefit of a housing project owned by the
561 housing authority, but in no event shall such payments may not
562 exceed the estimated cost to such city, town, county, or
563 political subdivision of the services, improvements, or
564 facilities to be so furnished.
565 Section 11. This act shall take effect July 1, 2012.