Florida Senate - 2012 CS for SB 1182
By the Committee on Community Affairs; and Senator Norman
578-02604-12 20121182c1
1 A bill to be entitled
2 An act relating to public housing; amending s. 83.56,
3 F.S.; revising provisions for terminating a rental
4 agreement that involves rent subsidies received from a
5 local, state, or national government; amending s.
6 421.02, F.S.; revising a declaration of necessity;
7 providing that access to essential commercial goods
8 and services for persons of low income served by
9 housing authorities is a public use; amending s.
10 421.03, F.S.; reordering and revising definitions
11 applicable to the Housing Authorities Law; revising
12 the definition of the term “housing project”; defining
13 the term “essential commercial goods and services”;
14 amending s. 421.08, F.S.; prohibiting the use of
15 eminent domain for certain purposes; expanding certain
16 powers of housing authorities to include certain
17 commercial projects providing essential goods and
18 services; providing for the use of revenues received
19 from such projects; amending s. 421.09, F.S.;
20 conforming a cross-reference; reenacting and amending
21 s. 421.21, F.S., relating to tax exemptions applicable
22 to housing authorities created pursuant to certain
23 federal programs; amending s. 421.32, F.S.; conforming
24 a cross-reference; amending s. 422.02, F.S.; revising
25 a declaration of necessity; providing that there
26 exists a shortage of access to essential commercial
27 goods and services necessary for daily living for
28 persons of low income; amending s. 422.04, F.S.;
29 expanding certain powers of state public bodies to
30 include certain commercial projects providing
31 essential goods and services; amending s. 423.01,
32 F.S.; revising and providing findings and declarations
33 of property of tax exemption for housing authorities
34 relating to access to essential commercial goods and
35 services necessary for daily living for persons of low
36 income; amending s. 423.02, F.S.; exempting certain
37 commercial projects that allow access to essential
38 goods and services for persons of low income residing
39 in such housing projects from certain taxes and
40 special assessments; providing organizational and
41 editorial changes for purposes of clarifying various
42 provisions; amending s. 420.507, F.S.; authorizing
43 Florida Housing Finance Corporation to set aside a
44 portion of its federal and state funding to fund
45 housing for economic development initiatives,
46 veterans’ housing, and housing for other special needs
47 populations; authorizing the use of competitive
48 requests for proposal to fund projects; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Subsection (5) of section 83.56, Florida
54 Statutes, is amended to read:
55 83.56 Termination of rental agreement.—
56 (5) If the landlord accepts rent with actual knowledge of a
57 noncompliance by the tenant or accepts performance by the tenant
58 of any other provision of the rental agreement that is at
59 variance with its provisions, or if the tenant pays rent with
60 actual knowledge of a noncompliance by the landlord or accepts
61 performance by the landlord of any other provision of the rental
62 agreement that is at variance with its provisions, the landlord
63 or tenant waives his or her right to terminate the rental
64 agreement or to bring a civil action for that noncompliance, but
65 not for any subsequent or continuing noncompliance. Any tenant
66 who wishes to defend against an action by the landlord for
67 possession of the unit for noncompliance of the rental agreement
68 or of relevant statutes shall comply with the provisions in s.
69 83.60(2). The court may not set a date for mediation or trial
70 unless the provisions of s. 83.60(2) have been met, but shall
71 enter a default judgment for removal of the tenant with a writ
72 of possession to issue immediately if the tenant fails to comply
73 with s. 83.60(2). This subsection does not apply to that portion
74 of rent subsidies received from a local, state, or national
75 government or an agency of local, state, or national government;
76 however, waiver will occur if an action has not been instituted
77 within 90 45 days after the landlord has actual knowledge of the
78 noncompliance.
79 Section 2. Section 421.02, Florida Statutes, is amended to
80 read:
81 421.02 Finding and declaration of necessity.—It is hereby
82 declared that:
83 (1) There exist in the state insanitary or unsafe dwelling
84 accommodations and that persons of low income are forced to
85 reside in such insanitary or unsafe accommodations; that within
86 the state there is a shortage of safe or sanitary dwelling
87 accommodations available at rents which persons of low income
88 can afford and that such persons are forced to occupy
89 overcrowded and congested dwelling accommodations; that such the
90 aforesaid conditions cause an increase in and spread of disease
91 and crime and constitute a menace to the health, safety, morals,
92 and welfare of the residents of the state and impair economic
93 values; and that these conditions necessitate excessive and
94 disproportionate expenditures of public funds for crime
95 prevention and punishment, public health, welfare and safety,
96 fire and accident protection, and other public services and
97 facilities.
98 (2) Blighted areas in the state cannot be revitalized, nor
99 can the shortage of safe and sanitary dwellings for persons of
100 low income be relieved, solely through the operation of private
101 enterprise.
102 (3) The clearance, replanning, and reconstruction of the
103 areas in which insanitary or unsafe housing conditions exist,
104 and the providing of safe and sanitary dwelling accommodations,
105 and the access to essential commercial goods and services
106 necessary for daily living for persons of low income, including
107 the acquisition by a housing authority of property to be used
108 for or in connection with housing projects or appurtenant
109 thereto, are exclusively public uses and purposes for which
110 public money may be spent and private property acquired and are
111 governmental functions of public concern.
112 (4) An important public purpose is served by providing
113 access to essential commercial goods and services necessary for
114 daily living for persons served by public housing authorities as
115 those persons often have limited transportation capacity and
116 significant family demands. Issues such as limited
117 transportation capacity and significant family demands
118 complicate daily living and make access to essential commercial
119 goods and services difficult.
120 (5)(4) The necessity in the public interest for the
121 provisions hereinafter enacted, is hereby declared as a matter
122 of legislative determination.
123 Section 3. Section 421.03, Florida Statutes, is amended to
124 read:
125 421.03 Definitions.—As used The following terms, wherever
126 used or referred to in this part, except where the context
127 clearly indicates otherwise, the term shall have the following
128 respective meanings for the purposes of this part, unless a
129 different meaning clearly appears from the context:
130 (1)(6) “Area of operation”:
131 (a) In the case of a housing authority of a city having a
132 population of less than 25,000, includes shall include such city
133 and the area within 5 miles of its the territorial boundaries.
134 thereof; and
135 (b) In the case of a housing authority of a city having a
136 population of 25,000 or more includes shall include such city
137 and the area within 10 miles from its the territorial
138 boundaries. thereof; provided However, that the area of
139 operation of a housing authority of a any city may shall not
140 include any area that which lies within the territorial
141 boundaries of another some other city as herein defined; and may
142 further provided that the area of operation shall not extend
143 outside of the boundaries of the county in which the city is
144 located, and a no housing authority has no shall have any power
145 or jurisdiction outside of the county in which the city is
146 located.
147 (2)(1) “Authority” or “housing authority” means a shall
148 mean any of the public corporation corporations created pursuant
149 to by s. 421.04.
150 (3)(2) “City” means shall mean any city or town of the
151 state having a population of more than 2,500, according to the
152 last preceding federal or state census. The term means “The
153 city” shall mean the particular city for which a particular
154 housing authority is created.
155 (4)(5) “Clerk” means shall mean the clerk of the city or
156 the officer of the city charged with the duties customarily
157 imposed on the clerk thereof.
158 (5)(11) “Debentures” means shall mean any notes, interim
159 certificates, debentures, revenue certificates, or other
160 obligations issued by an authority pursuant to this chapter.
161 (6) “Essential commercial goods and services” means goods,
162 such as groceries and clothing, and services, such as child
163 care, K-12 education, financial services, job training and
164 placement, and laundry facilities, that are necessary for daily
165 living and that may be difficult for persons of low income to
166 access unless collocated with the housing project where they
167 live and substantially serving persons of low income.
168 (7) “Federal Government” means shall include the United
169 States Government, the Federal Emergency Administration of
170 Public Works or any department, commission, other agency, or
171 other instrumentality thereof, corporate or otherwise, of the
172 United States.
173 (8)(3) “Governing body” means shall mean the city council,
174 the commission, or other legislative body charged with governing
175 the city, as the case may be.
176 (9) “Housing project” means shall mean any work or
177 undertaking:
178 (a) To demolish, clear, or remove buildings from any slum
179 area, which; such work or undertaking may embrace the adaption
180 of such area to public purposes, including parks or other
181 recreational or community purposes; or
182 (b) To provide decent, safe, and sanitary urban or rural
183 dwellings, apartments, or other living accommodations for
184 persons of low income, which; such work or undertaking may
185 include buildings, land, equipment, facilities, and other real
186 or personal property for necessary, convenient, or desirable
187 appurtenances, streets, sewers, water service, parks, site
188 preparation, gardening, administrative, community, health,
189 recreational, educational, welfare, or other purposes; or
190 (c) To provide access to essential commercial goods and
191 services; or
192 (d)(c) To accomplish a combination of the foregoing.
193
194 The term “housing project” also applies may be applied to the
195 planning of the buildings and improvements, the acquisition of
196 property, the demolition of existing structures, the
197 construction, reconstruction, alteration, and repair of the
198 improvements, and all other work in connection therewith.
199 (10)(4) “Mayor” means shall mean the mayor of the city or
200 the officer thereof charged with the duties customarily imposed
201 on the mayor or executive head of the city.
202 (11)(13) “Obligee of the authority” or “obligee” includes
203 shall include any holder of debentures, trustee or trustees for
204 any such holders, or lessor demising to the authority property
205 used in connection with a housing project, or any assignee or
206 assignees of such lessor’s interest or any part thereof, and the
207 Federal Government when it is a party to any contract with the
208 authority.
209 (12)(10) “Persons of low income” means shall mean persons
210 or families who lack the amount of income which is necessary, as
211 determined by the authority undertaking the housing project, to
212 enable them, without financial assistance, to live in decent,
213 safe and sanitary dwellings, without overcrowding.
214 (13)(12) “Real property” includes shall include all lands,
215 including improvements and fixtures thereon, and property of any
216 nature appurtenant thereto, or used in connection therewith, and
217 every estate, interest and right, legal or equitable, therein,
218 including terms for years and liens by way of judgment, mortgage
219 or otherwise and the indebtedness secured by such liens.
220 (14)(8) “Slum” means shall mean any area where dwellings
221 predominate which, by reason of dilapidation, overcrowding,
222 faulty arrangement or design, lack of ventilation, light or
223 sanitary facilities, or any combination of these factors, are
224 detrimental to safety, health and morals.
225 Section 4. Section 421.08, Florida Statutes, is amended to
226 read:
227 421.08 Powers of authority.—
228 (1) An authority shall constitute a public body corporate
229 and politic, exercising the public and essential governmental
230 functions set forth in this chapter, and having all the powers
231 necessary or convenient to carry out and effectuate the purpose
232 and provisions of this chapter, including the following powers
233 in addition to others herein granted in this chapter:
234 (a)(1) To sue and be sued; to have a seal and to alter it
235 the same at pleasure; to have perpetual succession; to make and
236 execute contracts and other instruments necessary or convenient
237 to the exercise of the powers of the authority; to appear in
238 court through any of its officers, agents, or employees, for the
239 exclusive purpose of filing eviction papers; and to make and
240 from time to time amend and repeal bylaws, rules and
241 regulations, not inconsistent with this chapter, to carry into
242 effect the powers and purposes of the authority.
243 (b)(2) Within its area of operation, to prepare, carry out,
244 acquire, lease, and operate housing projects and; to provide for
245 the construction, reconstruction, improvement, alteration, or
246 repair of any housing project or any part thereof.
247 (c)(3) To arrange or contract for the furnishing by any
248 person or agency, public or private, of services, privileges,
249 works, or facilities for, or in connection with, a housing
250 project or the occupants thereof.; provided, however, that
251 1. Notwithstanding any other power or provision in this
252 chapter, the authority may shall not construct, lease, control,
253 purchase, or otherwise establish, in connection with or as a
254 part of any housing project or any other real or any other
255 property under its control, any system, work, facilities,
256 plants, or other equipment for the purpose of furnishing utility
257 service of any kind to such projects or to any tenant or
258 occupant thereof if in the event that a system, work, facility,
259 plant, or other equipment for the furnishing of the same utility
260 service is being actually operated by a municipality or private
261 concern in the area of operation or the city or the territory
262 immediately adjacent thereto; provided, further, but this does
263 not that nothing herein shall be construed to prohibit the
264 construction or acquisition by the authority of any system,
265 work, facilities, or other equipment for the sole and only
266 purpose of receiving utility services from any such municipality
267 or such private concern and then distributing such utility
268 services to the project and to the tenants and occupants
269 thereof.; and,
270 2. Notwithstanding anything to the contrary contained in
271 this chapter or in any other provision of law, the authority may
272 to include, in any contract let in connection with a project,
273 stipulations requiring that the contractor and any
274 subcontractors comply with requirements as to minimum wages and
275 maximum hours of labor, and comply with any conditions which the
276 Federal Government may have attached to its financial aid of the
277 project.
278 (d)(4) To lease or rent any dwellings, houses,
279 accommodations, lands, buildings, structures, or facilities
280 embraced in any housing project and, subject to the limitations
281 contained in this chapter, to establish and revise the rents or
282 charges therefor; to own, hold, and improve real or personal
283 property; to purchase, lease, obtain options upon, acquire by
284 gift, grant, bequest, devise, or otherwise any real or personal
285 property or any interest therein; to acquire by the exercise of
286 the power of eminent domain any real property, except real
287 property to be used to provide access to essential commercial
288 goods and services; to sell, lease, exchange, transfer, assign,
289 pledge, or dispose of any real or personal property or any
290 interest therein; to insure or provide for the insurance of any
291 real or personal property or operations of the authority against
292 any risks or hazards; and to procure or agree to the procurement
293 of insurance or guarantees from the Federal Government of the
294 payment of any such debts or parts thereof, whether or not
295 incurred by the said authority, including the power to pay
296 premiums on any such insurance.
297 (e)(5) To invest any funds held in reserves or sinking
298 funds, or any funds not required for immediate disbursement, in
299 property or securities in which savings banks may legally invest
300 funds subject to their control and; to purchase its debentures
301 at a price not exceeding more than the principal amount thereof
302 and accrued interest, with all debentures so purchased to be
303 canceled.
304 (f)(6) Within its area of operation: to investigate into
305 living, dwelling, and housing conditions and into the means and
306 methods of improving such conditions; to determine where slum
307 areas exist or where there is a shortage of decent, safe, and
308 sanitary dwelling accommodations for persons of low income; to
309 make studies and recommendations relating to the problem of
310 clearing, replanning, and reconstruction of slum areas and the
311 problem of providing dwelling accommodations for persons of low
312 income; to administer fair housing ordinances and other
313 ordinances as adopted by cities, counties, or other authorities
314 who wish to contract for administrative services and to
315 cooperate with the city, the county, or the state or any
316 political subdivision thereof in action taken in connection with
317 such problems; and to engage in research, studies, and
318 experimentation on the subject of housing.
319 (g)(7) Acting through one or more commissioners or other
320 person or persons designated by the authority:; to conduct
321 examinations and investigations and to hear testimony and take
322 proof under oath at public or private hearings on any matter
323 material for its information; to administer oaths, issue
324 subpoenas requiring the attendance of witnesses or the
325 production of books and papers, and to issue commissions for the
326 examination of witnesses who are outside of the state, or unable
327 to attend before the authority, or excused from attendance; and
328 to make available to appropriate agencies, including those
329 charged with the duty of abating or requiring the correction of
330 nuisances or like conditions, or of demolishing unsafe or
331 insanitary structures within its area of operation, its findings
332 and recommendations with regard to any building or property
333 where conditions exist which are dangerous to the public health,
334 morals, safety, or welfare.
335 (h)(8)(a) To organize for the purpose of creating a for
336 profit or not-for-profit corporation, limited liability company,
337 or other similar business entity pursuant to all applicable laws
338 of this state in which the housing authority may hold an
339 ownership interest or participate in its governance in order to
340 develop, acquire, lease, construct, rehabilitate, manage, or
341 operate multifamily or single-family residential projects and
342 commercial projects that allow access to essential goods and
343 services for persons of low income residing in such residential
344 projects.
345 1. These projects may include nonresidential uses and may
346 use public and private funds to serve individuals or families
347 who meet the applicable income requirements of the state or
348 federal program involved; whose income does not exceed 150
349 percent of the applicable median income for the area, as
350 established by the United States Department of Housing and Urban
351 Development; and who, in the determination of the housing
352 authority, lack sufficient income or assets to enable them to
353 purchase or rent a decent, safe, and sanitary dwelling. These
354 corporations, limited liability companies, or other business
355 entities may join partnerships, joint ventures, or limited
356 liability companies pursuant to applicable laws or may otherwise
357 engage with business entities in developing, acquiring, leasing,
358 constructing, rehabilitating, managing, or operating such
359 projects.
360 2.(b) The creation by a housing authority of such a
361 corporation, limited liability company, or other business entity
362 that is properly registered pursuant to all applicable laws
363 before the effective date of this act is ratified and validated
364 if the creation of such corporation, limited liability company,
365 or other business entity would have been valid had this act been
366 in effect at the time such corporation, limited liability
367 company, or other business entity was created and registered.
368 3.(c) Proceedings or acts performed by a housing authority
369 or a corporation, limited liability company, or other business
370 entity authorized pursuant to subparagraph 2. paragraph (b) are
371 ratified and validated if such proceedings or acts were in
372 furtherance of the purposes set forth in this chapter and would
373 have been valid had this act been in effect at the time such
374 proceedings or acts were performed.
375 (i)(9) Notwithstanding s. 112.061, to the governing board
376 of an authority may approve and implement policies for per diem,
377 travel, and other expenses of its officials, officers, board
378 members, employees, and authorized persons in a manner
379 consistent with federal guidelines.
380 (j)(10) To exercise all or any part or combination of
381 powers herein granted in this section. No Provisions of law
382 relating with respect to acquisition, operation, or disposition
383 of property by other public bodies do not apply shall be
384 applicable to an authority unless the Legislature shall
385 specifically states so state.
386 (2) Any revenue received by a housing authority from
387 commercial projects that provide access to essential goods and
388 services necessary for daily living of persons residing in
389 housing projects must be used exclusively to upgrade and improve
390 living conditions in the housing project or to preserve and
391 rehabilitate public or affordable housing managed by the housing
392 authority.
393 Section 5. Subsection (2) of section 421.09, Florida
394 Statutes, is amended to read:
395 421.09 Operation not for profit.—
396 (2) This section does not prohibit or restrict the
397 activities or operations of a business entity created under s.
398 421.08(1)(h) 421.08(8).
399 Section 6. Section 421.21, Florida Statutes, is reenacted
400 and amended to read:
401 421.21 Aid from Federal Government; tax exemptions.—
402 (1) In addition to the powers conferred upon an authority
403 by other provisions of this chapter, an authority is empowered
404 to borrow money or accept grants or other financial assistance
405 from the Federal Government for or in aid of any housing project
406 within its area of operation, to take over or lease or manage
407 any housing project or undertaking constructed or owned by the
408 Federal Government, and to these ends, to comply with such
409 conditions and enter into such trust indentures, leases or
410 agreements as may be necessary, convenient or desirable. It is
411 the purpose and intent of this chapter to authorize every
412 authority to do any and all things necessary or desirable to
413 secure the financial aid or cooperation of the Federal
414 Government in the undertaking, construction, maintenance, or
415 operation of any housing project by such authority.
416 (2) In addition to the powers conferred upon an authority
417 by subsection (1) and other provisions of this chapter, an
418 authority is empowered to borrow money or accept grants or other
419 financial assistance from the Federal Government under s. 202 of
420 the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
421 program of the United States Department of Housing and Urban
422 Development, which provides for direct federal loans in the
423 maximum amount, as defined therein, for the purpose of assisting
424 certain nonprofit corporations to provide housing and related
425 facilities for elderly families and elderly persons.
426 (a) Housing authorities created under this section are
427 authorized to execute mortgages, notes, bills, or other forms of
428 indebtedness together with any agreements, contracts, or other
429 instruments required by the United States Department of Housing
430 and Urban Development in connection with loans made for the
431 purposes set forth in this subsection.
432 (b) This provision relating to housing facilities for the
433 elderly is cumulative and in addition to the powers given to
434 housing authorities under this chapter. All powers granted
435 generally by law to housing authorities in Florida relating to
436 issuance of trust indentures, debentures, and other methods of
437 raising capital shall apply also to housing authorities in
438 connection with their participation in programs of the United
439 States Department of Housing and Urban Development.
440 (3) It is the legislative intent that the tax exemption of
441 housing authorities provided by chapter 423, shall specifically
442 applies apply to any housing authority created under this
443 section.
444 Section 7. Section 421.32, Florida Statutes, is amended to
445 read:
446 421.32 Rural housing projects.—County housing authorities
447 and regional housing authorities are specifically empowered and
448 authorized to borrow money, accept grants, and exercise their
449 other powers to provide housing for farmers of low income and
450 domestic farm labor as defined in s. 514 of the Federal Housing
451 Act of 1949. In connection with such projects, any such housing
452 authority may enter into such leases or purchase agreements,
453 accept such conveyances and rent or sell dwellings forming part
454 of such projects to or for farmers of low income, as such
455 housing authority deems necessary in order to ensure assure the
456 achievement of the objectives of this law. Such leases,
457 agreements, or conveyances may include such covenants as the
458 housing authority deems appropriate regarding such dwellings and
459 the tracts of land described in any such instrument, which
460 covenants shall be deemed to run with the land where the housing
461 authority deems it necessary and the parties to such instrument
462 so stipulate. In providing housing for farmers of low income,
463 county housing authorities and regional housing authorities are
464 shall not be subject to the limitations provided in ss.
465 421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This
466 section may not shall be construed as limiting any other powers
467 of any housing authority.
468 Section 8. Section 422.02, Florida Statutes, is amended to
469 read:
470 422.02 Finding and declaration of necessity.—It has been
471 found and declared in the Housing Authorities Law that there
472 exist in the state unsafe and insanitary housing conditions and
473 a shortage of safe and sanitary dwelling accommodations and
474 access to essential commercial goods and services necessary for
475 daily living for persons of low income; that these conditions
476 necessitate excessive and disproportionate expenditures of
477 public funds for crime prevention and punishment, public health,
478 welfare and safety, fire and accident protection, and other
479 public services and facilities; and that the public interest
480 requires the remedying of these conditions. It is found and
481 declared that the assistance herein provided for the remedying
482 of the conditions set forth in the Housing Authorities Law
483 constitutes a public use and purpose and an essential
484 governmental function for which public moneys may be spent and
485 other aid given; that it is a proper public purpose for any
486 state public body to aid any housing authority operating within
487 its boundaries or jurisdiction or any housing project located
488 therein, as the state public body derives immediate benefits and
489 advantages from such an authority or project; and that the
490 provisions hereinafter enacted are necessary in the public
491 interest.
492 Section 9. Section 422.04, Florida Statutes, is amended to
493 read:
494 422.04 Cooperation in undertaking housing projects.—
495 (1) For the purpose of aiding and cooperating in the
496 planning, undertaking, construction, or operation of housing
497 projects located within the area in which it is authorized to
498 act, any state public body may, upon such terms, with or without
499 consideration, as it may determine:
500 (a) Dedicate, sell, convey, or lease any of its property to
501 a housing authority or the Federal Government.;
502 (b) Cause parks;, playgrounds;, recreational, community,
503 educational, water, sewer, or drainage facilities; commercial
504 projects that allow access to essential goods and services for
505 persons of low income residing in housing projects; or any other
506 works, which it is otherwise empowered to undertake, to be
507 furnished adjacent to or in connection with housing projects.;
508 (c) Furnish, dedicate, close, pave, install, grade,
509 regrade, plan, or replan streets, roads, roadways, alleys,
510 sidewalks, or other places which it is otherwise empowered to
511 undertake.;
512 (d) Plan or replan, zone or rezone any part of such state
513 public body; make exceptions from building regulations and
514 ordinances; and, with respect to any city or town, also may
515 change its map.;
516 (e) Enter into agreements, which may extend over any
517 period, notwithstanding any provision or rule of law to the
518 contrary, with a housing authority or the Federal Government
519 respecting action to be taken by such state public body pursuant
520 to any of the powers granted by this chapter.;
521 (f) Do any and all things, necessary, or convenient to aid
522 and cooperate in the planning, undertaking, construction, or
523 operation of such housing projects.;
524 (g) Purchase or legally invest in any of the debentures of
525 a housing authority and exercise all of the rights of any holder
526 of such debentures.;
527 (h) Not require any changes to be made in a housing project
528 or the manner of its construction or take any other action
529 relating to such construction with respect to any housing
530 project which a housing authority has acquired or taken over
531 from the Federal Government and which the housing authority by
532 resolution has found and declared to have been constructed in a
533 manner that will promote the public interest and afford
534 necessary safety, sanitation, and other protection., no state
535 public body shall require any changes to be made in the housing
536 project or the manner of its construction or take any other
537 action relating to such construction;
538 (i) Incur the entire expense of In connection with any
539 public improvements made by the a state public body in
540 exercising the powers herein granted, such state public body may
541 incur the entire expense thereof.
542 (2) Any law or statute to the contrary notwithstanding, any
543 sale, conveyance, lease, or agreement provided for in this
544 section may be made by a state public body without appraisal,
545 public notice, advertisement, or public bidding.
546 Section 10. Section 423.01, Florida Statutes, is amended to
547 read:
548 423.01 Finding and declaration of property of tax exemption
549 for housing authorities.—It has been found and declared in the
550 Housing Authorities Law and the Housing Cooperation Law that:
551 (1) There exist in the state housing conditions that which
552 constitute a menace to the health, safety, morals, and welfare
553 of the residents of the state;
554 (2) These conditions necessitate excessive and
555 disproportionate expenditures of public funds for crime
556 prevention and punishment, public health, welfare and safety,
557 fire and accident prevention, and other public services and
558 facilities;
559 (3) The public interest requires the remedying of these
560 conditions by the creation of housing authorities to undertake
561 projects for slum clearance and for providing safe and sanitary
562 dwelling accommodations and access to essential commercial goods
563 and services necessary for daily living for persons who lack
564 sufficient income to enable them to live in decent, safe, and
565 sanitary dwellings without overcrowding; and
566 (4) Facilities made available by housing authorities to
567 provide access to essential goods and services necessary for
568 daily living for persons residing in housing projects are a
569 critical component of those housing projects and constitute a
570 public use and a governmental function; and
571 (5)(4) Such housing projects, including all property of a
572 housing authority used for or in connection therewith or
573 appurtenant thereto and all property used to provide access to
574 essential goods and services necessary for daily living for
575 persons residing in such housing projects, are exclusively for
576 public uses and municipal purposes and not for profit, and are
577 governmental functions of state concern. As a matter of
578 legislative determination, it is found and declared that the
579 property and debentures of a housing authority are of such
580 character as may be exempt from taxation.
581 Section 11. Section 423.02, Florida Statutes, is amended to
582 read:
583 423.02 Housing projects exempted from taxes and
584 assessments; payments in lieu thereof.—The housing projects,
585 including all property of housing authorities used for or in
586 connection therewith or appurtenant thereto and all commercial
587 projects that allow access to essential goods and services for
588 persons of low income residing in such housing projects, of
589 housing authorities shall be exempt from all taxes and special
590 assessments of the state or any city, town, county, or political
591 subdivision of the state., provided, However, that in lieu of
592 such taxes or special assessments, a housing authority may agree
593 to make payments to any city, town, county, or political
594 subdivision of the state for services, improvements, or
595 facilities furnished by such city, town, county, or political
596 subdivision for the benefit of a housing project owned by the
597 housing authority, but in no event shall such payments may not
598 exceed the estimated cost to such city, town, county, or
599 political subdivision of the services, improvements, or
600 facilities to be so furnished.
601 Section 12. Subsection (48) is added to section 420.507,
602 Florida Statutes, to read:
603 420.507 Powers of the corporation.—The corporation shall
604 have all the powers necessary or convenient to carry out and
605 effectuate the purposes and provisions of this part, including
606 the following powers which are in addition to all other powers
607 granted by other provisions of this part:
608 (48) To utilize up to 10 percent of its annual allocation
609 of low-income housing tax credits, allocation of nontaxable
610 revenue bonds, and State Apartment Incentive Loan Program funds
611 appropriated by the Legislature and available to allocate by
612 request for proposals or other competitive solicitation funding
613 for high-priority affordable housing projects, such as housing
614 to support economic development and job creation initiatives,
615 housing for veterans and their families, and other special needs
616 populations in communities throughout the state as determined by
617 the corporation on an annual basis.
618 Section 13. This act shall take effect July 1, 2012.