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.