Florida Senate - 2012 CS for CS for SB 1182
By the Committees on Budget Subcommittee on Finance and Tax; and
Community Affairs; and Senator Norman
593-03832-12 20121182c2
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.; clarifying that
37 activities or property of certain persons is not
38 exempt from taxes and special assessments; providing
39 that real property of a housing authority which is
40 used to provide access to essential commercial goods
41 and services is exempt from ad valorem taxes and
42 special assessments; providing organizational and
43 editorial changes for purposes of clarifying various
44 provisions; amending s. 420.507, F.S.; authorizing
45 Florida Housing Finance Corporation to set aside a
46 portion of its federal and state funding to fund
47 housing for economic development initiatives,
48 veterans’ housing, and housing for other special needs
49 populations; authorizing the use of competitive
50 requests for proposal to fund projects; providing an
51 effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Subsection (5) of section 83.56, Florida
56 Statutes, is amended to read:
57 83.56 Termination of rental agreement.—
58 (5) If the landlord accepts rent with actual knowledge of a
59 noncompliance by the tenant or accepts performance by the tenant
60 of any other provision of the rental agreement that is at
61 variance with its provisions, or if the tenant pays rent with
62 actual knowledge of a noncompliance by the landlord or accepts
63 performance by the landlord of any other provision of the rental
64 agreement that is at variance with its provisions, the landlord
65 or tenant waives his or her right to terminate the rental
66 agreement or to bring a civil action for that noncompliance, but
67 not for any subsequent or continuing noncompliance. Any tenant
68 who wishes to defend against an action by the landlord for
69 possession of the unit for noncompliance of the rental agreement
70 or of relevant statutes shall comply with the provisions in s.
71 83.60(2). The court may not set a date for mediation or trial
72 unless the provisions of s. 83.60(2) have been met, but shall
73 enter a default judgment for removal of the tenant with a writ
74 of possession to issue immediately if the tenant fails to comply
75 with s. 83.60(2). This subsection does not apply to that portion
76 of rent subsidies received from a local, state, or national
77 government or an agency of local, state, or national government;
78 however, waiver will occur if an action has not been instituted
79 within 90 45 days after the landlord has actual knowledge of the
80 noncompliance.
81 Section 2. Section 421.02, Florida Statutes, is amended to
82 read:
83 421.02 Finding and declaration of necessity.—It is hereby
84 declared that:
85 (1) There exist in the state insanitary or unsafe dwelling
86 accommodations and that persons of low income are forced to
87 reside in such insanitary or unsafe accommodations; that within
88 the state there is a shortage of safe or sanitary dwelling
89 accommodations available at rents which persons of low income
90 can afford and that such persons are forced to occupy
91 overcrowded and congested dwelling accommodations; that such the
92 aforesaid conditions cause an increase in and spread of disease
93 and crime and constitute a menace to the health, safety, morals,
94 and welfare of the residents of the state and impair economic
95 values; and that these conditions necessitate excessive and
96 disproportionate expenditures of public funds for crime
97 prevention and punishment, public health, welfare and safety,
98 fire and accident protection, and other public services and
99 facilities.
100 (2) Blighted areas in the state cannot be revitalized, nor
101 can the shortage of safe and sanitary dwellings for persons of
102 low income be relieved, solely through the operation of private
103 enterprise.
104 (3) The clearance, replanning, and reconstruction of the
105 areas in which insanitary or unsafe housing conditions exist,
106 and the providing of safe and sanitary dwelling accommodations,
107 and the access to essential commercial goods and services
108 necessary for daily living for persons of low income, including
109 the acquisition by a housing authority of property to be used
110 for or in connection with housing projects or appurtenant
111 thereto, are exclusively public uses and purposes for which
112 public money may be spent and private property acquired and are
113 governmental functions of public concern.
114 (4) An important public purpose is served by providing
115 access to essential commercial goods and services necessary for
116 daily living for persons served by public housing authorities as
117 those persons often have limited transportation capacity and
118 significant family demands. Issues such as limited
119 transportation capacity and significant family demands
120 complicate daily living and make access to essential commercial
121 goods and services difficult.
122 (5)(4) The necessity in the public interest for the
123 provisions hereinafter enacted, is hereby declared as a matter
124 of legislative determination.
125 Section 3. Section 421.03, Florida Statutes, is amended to
126 read:
127 421.03 Definitions.—As used The following terms, wherever
128 used or referred to in this part, except where the context
129 clearly indicates otherwise, the term shall have the following
130 respective meanings for the purposes of this part, unless a
131 different meaning clearly appears from the context:
132 (1)(6) “Area of operation”:
133 (a) In the case of a housing authority of a city having a
134 population of less than 25,000, includes shall include such city
135 and the area within 5 miles of its the territorial boundaries.
136 thereof; and
137 (b) In the case of a housing authority of a city having a
138 population of 25,000 or more includes shall include such city
139 and the area within 10 miles from its the territorial
140 boundaries. thereof; provided However, that the area of
141 operation of a housing authority of a any city may shall not
142 include any area that which lies within the territorial
143 boundaries of another some other city as herein defined; and may
144 further provided that the area of operation shall not extend
145 outside of the boundaries of the county in which the city is
146 located, and a no housing authority has no shall have any power
147 or jurisdiction outside of the county in which the city is
148 located.
149 (2)(1) “Authority” or “housing authority” means a shall
150 mean any of the public corporation corporations created pursuant
151 to by s. 421.04.
152 (3)(2) “City” means shall mean any city or town of the
153 state having a population of more than 2,500, according to the
154 last preceding federal or state census. The term means “The
155 city” shall mean the particular city for which a particular
156 housing authority is created.
157 (4)(5) “Clerk” means shall mean the clerk of the city or
158 the officer of the city charged with the duties customarily
159 imposed on the clerk thereof.
160 (5)(11) “Debentures” means shall mean any notes, interim
161 certificates, debentures, revenue certificates, or other
162 obligations issued by an authority pursuant to this chapter.
163 (6) “Essential commercial goods and services” means goods,
164 such as groceries and clothing, and services, such as child
165 care, K-12 education, financial services, job training and
166 placement, and laundry facilities, that are necessary for daily
167 living and that may be difficult for persons of low income to
168 access unless collocated with the housing project where they
169 live and substantially serving persons of low income.
170 (7) “Federal Government” means shall include the United
171 States Government, the Federal Emergency Administration of
172 Public Works or any department, commission, other agency, or
173 other instrumentality thereof, corporate or otherwise, of the
174 United States.
175 (8)(3) “Governing body” means shall mean the city council,
176 the commission, or other legislative body charged with governing
177 the city, as the case may be.
178 (9) “Housing project” means shall mean any work or
179 undertaking:
180 (a) To demolish, clear, or remove buildings from any slum
181 area, which; such work or undertaking may embrace the adaption
182 of such area to public purposes, including parks or other
183 recreational or community purposes; or
184 (b) To provide decent, safe, and sanitary urban or rural
185 dwellings, apartments, or other living accommodations for
186 persons of low income, which; such work or undertaking may
187 include buildings, land, equipment, facilities, and other real
188 or personal property for necessary, convenient, or desirable
189 appurtenances, streets, sewers, water service, parks, site
190 preparation, gardening, administrative, community, health,
191 recreational, educational, welfare, or other purposes; or
192 (c) To provide access to essential commercial goods and
193 services; or
194 (d)(c) To accomplish a combination of the foregoing.
195
196 The term “housing project” also applies may be applied to the
197 planning of the buildings and improvements, the acquisition of
198 property, the demolition of existing structures, the
199 construction, reconstruction, alteration, and repair of the
200 improvements, and all other work in connection therewith.
201 (10)(4) “Mayor” means shall mean the mayor of the city or
202 the officer thereof charged with the duties customarily imposed
203 on the mayor or executive head of the city.
204 (11)(13) “Obligee of the authority” or “obligee” includes
205 shall include any holder of debentures, trustee or trustees for
206 any such holders, or lessor demising to the authority property
207 used in connection with a housing project, or any assignee or
208 assignees of such lessor’s interest or any part thereof, and the
209 Federal Government when it is a party to any contract with the
210 authority.
211 (12)(10) “Persons of low income” means shall mean persons
212 or families who lack the amount of income which is necessary, as
213 determined by the authority undertaking the housing project, to
214 enable them, without financial assistance, to live in decent,
215 safe and sanitary dwellings, without overcrowding.
216 (13)(12) “Real property” includes shall include all lands,
217 including improvements and fixtures thereon, and property of any
218 nature appurtenant thereto, or used in connection therewith, and
219 every estate, interest and right, legal or equitable, therein,
220 including terms for years and liens by way of judgment, mortgage
221 or otherwise and the indebtedness secured by such liens.
222 (14)(8) “Slum” means shall mean any area where dwellings
223 predominate which, by reason of dilapidation, overcrowding,
224 faulty arrangement or design, lack of ventilation, light or
225 sanitary facilities, or any combination of these factors, are
226 detrimental to safety, health and morals.
227 Section 4. Section 421.08, Florida Statutes, is amended to
228 read:
229 421.08 Powers of authority.—
230 (1) An authority shall constitute a public body corporate
231 and politic, exercising the public and essential governmental
232 functions set forth in this chapter, and having all the powers
233 necessary or convenient to carry out and effectuate the purpose
234 and provisions of this chapter, including the following powers
235 in addition to others herein granted in this chapter:
236 (a)(1) To sue and be sued; to have a seal and to alter it
237 the same at pleasure; to have perpetual succession; to make and
238 execute contracts and other instruments necessary or convenient
239 to the exercise of the powers of the authority; to appear in
240 court through any of its officers, agents, or employees, for the
241 exclusive purpose of filing eviction papers; and to make and
242 from time to time amend and repeal bylaws, rules and
243 regulations, not inconsistent with this chapter, to carry into
244 effect the powers and purposes of the authority.
245 (b)(2) Within its area of operation, to prepare, carry out,
246 acquire, lease, and operate housing projects and; to provide for
247 the construction, reconstruction, improvement, alteration, or
248 repair of any housing project or any part thereof.
249 (c)(3) To arrange or contract for the furnishing by any
250 person or agency, public or private, of services, privileges,
251 works, or facilities for, or in connection with, a housing
252 project or the occupants thereof.; provided, however, that
253 1. Notwithstanding any other power or provision in this
254 chapter, the authority may shall not construct, lease, control,
255 purchase, or otherwise establish, in connection with or as a
256 part of any housing project or any other real or any other
257 property under its control, any system, work, facilities,
258 plants, or other equipment for the purpose of furnishing utility
259 service of any kind to such projects or to any tenant or
260 occupant thereof if in the event that a system, work, facility,
261 plant, or other equipment for the furnishing of the same utility
262 service is being actually operated by a municipality or private
263 concern in the area of operation or the city or the territory
264 immediately adjacent thereto; provided, further, but this does
265 not that nothing herein shall be construed to prohibit the
266 construction or acquisition by the authority of any system,
267 work, facilities, or other equipment for the sole and only
268 purpose of receiving utility services from any such municipality
269 or such private concern and then distributing such utility
270 services to the project and to the tenants and occupants
271 thereof.; and,
272 2. Notwithstanding anything to the contrary contained in
273 this chapter or in any other provision of law, the authority may
274 to include, in any contract let in connection with a project,
275 stipulations requiring that the contractor and any
276 subcontractors comply with requirements as to minimum wages and
277 maximum hours of labor, and comply with any conditions which the
278 Federal Government may have attached to its financial aid of the
279 project.
280 (d)(4) To lease or rent any dwellings, houses,
281 accommodations, lands, buildings, structures, or facilities
282 embraced in any housing project and, subject to the limitations
283 contained in this chapter, to establish and revise the rents or
284 charges therefor; to own, hold, and improve real or personal
285 property; to purchase, lease, obtain options upon, acquire by
286 gift, grant, bequest, devise, or otherwise any real or personal
287 property or any interest therein; to acquire by the exercise of
288 the power of eminent domain any real property, except real
289 property to be used to provide access to essential commercial
290 goods and services; to sell, lease, exchange, transfer, assign,
291 pledge, or dispose of any real or personal property or any
292 interest therein; to insure or provide for the insurance of any
293 real or personal property or operations of the authority against
294 any risks or hazards; and to procure or agree to the procurement
295 of insurance or guarantees from the Federal Government of the
296 payment of any such debts or parts thereof, whether or not
297 incurred by the said authority, including the power to pay
298 premiums on any such insurance.
299 (e)(5) To invest any funds held in reserves or sinking
300 funds, or any funds not required for immediate disbursement, in
301 property or securities in which savings banks may legally invest
302 funds subject to their control and; to purchase its debentures
303 at a price not exceeding more than the principal amount thereof
304 and accrued interest, with all debentures so purchased to be
305 canceled.
306 (f)(6) Within its area of operation: to investigate into
307 living, dwelling, and housing conditions and into the means and
308 methods of improving such conditions; to determine where slum
309 areas exist or where there is a shortage of decent, safe, and
310 sanitary dwelling accommodations for persons of low income; to
311 make studies and recommendations relating to the problem of
312 clearing, replanning, and reconstruction of slum areas and the
313 problem of providing dwelling accommodations for persons of low
314 income; to administer fair housing ordinances and other
315 ordinances as adopted by cities, counties, or other authorities
316 who wish to contract for administrative services and to
317 cooperate with the city, the county, or the state or any
318 political subdivision thereof in action taken in connection with
319 such problems; and to engage in research, studies, and
320 experimentation on the subject of housing.
321 (g)(7) Acting through one or more commissioners or other
322 person or persons designated by the authority:; to conduct
323 examinations and investigations and to hear testimony and take
324 proof under oath at public or private hearings on any matter
325 material for its information; to administer oaths, issue
326 subpoenas requiring the attendance of witnesses or the
327 production of books and papers, and to issue commissions for the
328 examination of witnesses who are outside of the state, or unable
329 to attend before the authority, or excused from attendance; and
330 to make available to appropriate agencies, including those
331 charged with the duty of abating or requiring the correction of
332 nuisances or like conditions, or of demolishing unsafe or
333 insanitary structures within its area of operation, its findings
334 and recommendations with regard to any building or property
335 where conditions exist which are dangerous to the public health,
336 morals, safety, or welfare.
337 (h)(8)(a) To organize for the purpose of creating a for
338 profit or not-for-profit corporation, limited liability company,
339 or other similar business entity pursuant to all applicable laws
340 of this state in which the housing authority may hold an
341 ownership interest or participate in its governance in order to
342 develop, acquire, lease, construct, rehabilitate, manage, or
343 operate multifamily or single-family residential projects and
344 commercial projects that allow access to essential goods and
345 services for persons of low income residing in such residential
346 projects.
347 1. These projects may include nonresidential uses and may
348 use public and private funds to serve individuals or families
349 who meet the applicable income requirements of the state or
350 federal program involved; whose income does not exceed 150
351 percent of the applicable median income for the area, as
352 established by the United States Department of Housing and Urban
353 Development; and who, in the determination of the housing
354 authority, lack sufficient income or assets to enable them to
355 purchase or rent a decent, safe, and sanitary dwelling. These
356 corporations, limited liability companies, or other business
357 entities may join partnerships, joint ventures, or limited
358 liability companies pursuant to applicable laws or may otherwise
359 engage with business entities in developing, acquiring, leasing,
360 constructing, rehabilitating, managing, or operating such
361 projects.
362 2.(b) The creation by a housing authority of such a
363 corporation, limited liability company, or other business entity
364 that is properly registered pursuant to all applicable laws
365 before the effective date of this act is ratified and validated
366 if the creation of such corporation, limited liability company,
367 or other business entity would have been valid had this act been
368 in effect at the time such corporation, limited liability
369 company, or other business entity was created and registered.
370 3.(c) Proceedings or acts performed by a housing authority
371 or a corporation, limited liability company, or other business
372 entity authorized pursuant to subparagraph 2. paragraph (b) are
373 ratified and validated if such proceedings or acts were in
374 furtherance of the purposes set forth in this chapter and would
375 have been valid had this act been in effect at the time such
376 proceedings or acts were performed.
377 (i)(9) Notwithstanding s. 112.061, to the governing board
378 of an authority may approve and implement policies for per diem,
379 travel, and other expenses of its officials, officers, board
380 members, employees, and authorized persons in a manner
381 consistent with federal guidelines.
382 (j)(10) To exercise all or any part or combination of
383 powers herein granted in this section. No Provisions of law
384 relating with respect to acquisition, operation, or disposition
385 of property by other public bodies do not apply shall be
386 applicable to an authority unless the Legislature shall
387 specifically states so state.
388 (2) Any revenue received by a housing authority from
389 commercial projects that provide access to essential goods and
390 services necessary for daily living of persons residing in
391 housing projects must be used exclusively to upgrade and improve
392 living conditions in the housing project or to preserve and
393 rehabilitate public or affordable housing managed by the housing
394 authority.
395 Section 5. Subsection (2) of section 421.09, Florida
396 Statutes, is amended to read:
397 421.09 Operation not for profit.—
398 (2) This section does not prohibit or restrict the
399 activities or operations of a business entity created under s.
400 421.08(1)(h) 421.08(8).
401 Section 6. Section 421.21, Florida Statutes, is reenacted
402 and amended to read:
403 421.21 Aid from Federal Government; tax exemptions.—
404 (1) In addition to the powers conferred upon an authority
405 by other provisions of this chapter, an authority is empowered
406 to borrow money or accept grants or other financial assistance
407 from the Federal Government for or in aid of any housing project
408 within its area of operation, to take over or lease or manage
409 any housing project or undertaking constructed or owned by the
410 Federal Government, and to these ends, to comply with such
411 conditions and enter into such trust indentures, leases or
412 agreements as may be necessary, convenient or desirable. It is
413 the purpose and intent of this chapter to authorize every
414 authority to do any and all things necessary or desirable to
415 secure the financial aid or cooperation of the Federal
416 Government in the undertaking, construction, maintenance, or
417 operation of any housing project by such authority.
418 (2) In addition to the powers conferred upon an authority
419 by subsection (1) and other provisions of this chapter, an
420 authority is empowered to borrow money or accept grants or other
421 financial assistance from the Federal Government under s. 202 of
422 the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
423 program of the United States Department of Housing and Urban
424 Development, which provides for direct federal loans in the
425 maximum amount, as defined therein, for the purpose of assisting
426 certain nonprofit corporations to provide housing and related
427 facilities for elderly families and elderly persons.
428 (a) Housing authorities created under this section are
429 authorized to execute mortgages, notes, bills, or other forms of
430 indebtedness together with any agreements, contracts, or other
431 instruments required by the United States Department of Housing
432 and Urban Development in connection with loans made for the
433 purposes set forth in this subsection.
434 (b) This provision relating to housing facilities for the
435 elderly is cumulative and in addition to the powers given to
436 housing authorities under this chapter. All powers granted
437 generally by law to housing authorities in Florida relating to
438 issuance of trust indentures, debentures, and other methods of
439 raising capital shall apply also to housing authorities in
440 connection with their participation in programs of the United
441 States Department of Housing and Urban Development.
442 (3) It is the legislative intent that the tax exemption of
443 housing authorities provided by chapter 423, shall specifically
444 applies apply to any housing authority created under this
445 section.
446 Section 7. Section 421.32, Florida Statutes, is amended to
447 read:
448 421.32 Rural housing projects.—County housing authorities
449 and regional housing authorities are specifically empowered and
450 authorized to borrow money, accept grants, and exercise their
451 other powers to provide housing for farmers of low income and
452 domestic farm labor as defined in s. 514 of the Federal Housing
453 Act of 1949. In connection with such projects, any such housing
454 authority may enter into such leases or purchase agreements,
455 accept such conveyances and rent or sell dwellings forming part
456 of such projects to or for farmers of low income, as such
457 housing authority deems necessary in order to ensure assure the
458 achievement of the objectives of this law. Such leases,
459 agreements, or conveyances may include such covenants as the
460 housing authority deems appropriate regarding such dwellings and
461 the tracts of land described in any such instrument, which
462 covenants shall be deemed to run with the land where the housing
463 authority deems it necessary and the parties to such instrument
464 so stipulate. In providing housing for farmers of low income,
465 county housing authorities and regional housing authorities are
466 shall not be subject to the limitations provided in ss.
467 421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This
468 section may not shall be construed as limiting any other powers
469 of any housing authority.
470 Section 8. Section 422.02, Florida Statutes, is amended to
471 read:
472 422.02 Finding and declaration of necessity.—It has been
473 found and declared in the Housing Authorities Law that there
474 exist in the state unsafe and insanitary housing conditions and
475 a shortage of safe and sanitary dwelling accommodations and
476 access to essential commercial goods and services necessary for
477 daily living for persons of low income; that these conditions
478 necessitate excessive and disproportionate expenditures of
479 public funds for crime prevention and punishment, public health,
480 welfare and safety, fire and accident protection, and other
481 public services and facilities; and that the public interest
482 requires the remedying of these conditions. It is found and
483 declared that the assistance herein provided for the remedying
484 of the conditions set forth in the Housing Authorities Law
485 constitutes a public use and purpose and an essential
486 governmental function for which public moneys may be spent and
487 other aid given; that it is a proper public purpose for any
488 state public body to aid any housing authority operating within
489 its boundaries or jurisdiction or any housing project located
490 therein, as the state public body derives immediate benefits and
491 advantages from such an authority or project; and that the
492 provisions hereinafter enacted are necessary in the public
493 interest.
494 Section 9. Section 422.04, Florida Statutes, is amended to
495 read:
496 422.04 Cooperation in undertaking housing projects.—
497 (1) For the purpose of aiding and cooperating in the
498 planning, undertaking, construction, or operation of housing
499 projects located within the area in which it is authorized to
500 act, any state public body may, upon such terms, with or without
501 consideration, as it may determine:
502 (a) Dedicate, sell, convey, or lease any of its property to
503 a housing authority or the Federal Government.;
504 (b) Cause parks;, playgrounds;, recreational, community,
505 educational, water, sewer, or drainage facilities; commercial
506 projects that allow access to essential goods and services for
507 persons of low income residing in housing projects; or any other
508 works, which it is otherwise empowered to undertake, to be
509 furnished adjacent to or in connection with housing projects.;
510 (c) Furnish, dedicate, close, pave, install, grade,
511 regrade, plan, or replan streets, roads, roadways, alleys,
512 sidewalks, or other places which it is otherwise empowered to
513 undertake.;
514 (d) Plan or replan, zone or rezone any part of such state
515 public body; make exceptions from building regulations and
516 ordinances; and, with respect to any city or town, also may
517 change its map.;
518 (e) Enter into agreements, which may extend over any
519 period, notwithstanding any provision or rule of law to the
520 contrary, with a housing authority or the Federal Government
521 respecting action to be taken by such state public body pursuant
522 to any of the powers granted by this chapter.;
523 (f) Do any and all things, necessary, or convenient to aid
524 and cooperate in the planning, undertaking, construction, or
525 operation of such housing projects.;
526 (g) Purchase or legally invest in any of the debentures of
527 a housing authority and exercise all of the rights of any holder
528 of such debentures.;
529 (h) Not require any changes to be made in a housing project
530 or the manner of its construction or take any other action
531 relating to such construction with respect to any housing
532 project which a housing authority has acquired or taken over
533 from the Federal Government and which the housing authority by
534 resolution has found and declared to have been constructed in a
535 manner that will promote the public interest and afford
536 necessary safety, sanitation, and other protection., no state
537 public body shall require any changes to be made in the housing
538 project or the manner of its construction or take any other
539 action relating to such construction;
540 (i) Incur the entire expense of In connection with any
541 public improvements made by the a state public body in
542 exercising the powers herein granted, such state public body may
543 incur the entire expense thereof.
544 (2) Any law or statute to the contrary notwithstanding, any
545 sale, conveyance, lease, or agreement provided for in this
546 section may be made by a state public body without appraisal,
547 public notice, advertisement, or public bidding.
548 Section 10. Section 423.01, Florida Statutes, is amended to
549 read:
550 423.01 Finding and declaration of property of tax exemption
551 for housing authorities.—It has been found and declared in the
552 Housing Authorities Law and the Housing Cooperation Law that:
553 (1) There exist in the state housing conditions that which
554 constitute a menace to the health, safety, morals, and welfare
555 of the residents of the state;
556 (2) These conditions necessitate excessive and
557 disproportionate expenditures of public funds for crime
558 prevention and punishment, public health, welfare and safety,
559 fire and accident prevention, and other public services and
560 facilities;
561 (3) The public interest requires the remedying of these
562 conditions by the creation of housing authorities to undertake
563 projects for slum clearance and for providing safe and sanitary
564 dwelling accommodations and access to essential commercial goods
565 and services necessary for daily living for persons who lack
566 sufficient income to enable them to live in decent, safe, and
567 sanitary dwellings without overcrowding; and
568 (4) Facilities made available by housing authorities to
569 provide access to essential goods and services necessary for
570 daily living for persons residing in housing projects are a
571 critical component of those housing projects and constitute a
572 public use and a governmental function; and
573 (5)(4) Such housing projects, including all property of a
574 housing authority used for or in connection therewith or
575 appurtenant thereto and all property used to provide access to
576 essential goods and services necessary for daily living for
577 persons residing in such housing projects, are exclusively for
578 public uses and municipal purposes and not for profit, and are
579 governmental functions of state concern. As a matter of
580 legislative determination, it is found and declared that the
581 property and debentures of a housing authority are of such
582 character as may be exempt from taxation.
583 Section 11. Section 423.02, Florida Statutes, is amended to
584 read:
585 423.02 Housing projects exempted from taxes and
586 assessments; payments in lieu thereof.—The housing projects,
587 including all property of housing authorities used for or in
588 connection therewith or appurtenant thereto, of housing
589 authorities are 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 by the city, town, county, or
601 political subdivision of the state. This section does not exempt
602 the activities or property of a person that provides essential
603 commercial goods and services; however, the real property of a
604 housing authority which is used to provide access to essential
605 commercial goods and services is exempt from ad valorem taxes
606 and special assessments.
607 Section 12. Subsection (48) is added to section 420.507,
608 Florida Statutes, to read:
609 420.507 Powers of the corporation.—The corporation shall
610 have all the powers necessary or convenient to carry out and
611 effectuate the purposes and provisions of this part, including
612 the following powers which are in addition to all other powers
613 granted by other provisions of this part:
614 (48) To utilize up to 10 percent of its annual allocation
615 of low-income housing tax credits, allocation of nontaxable
616 revenue bonds, and State Apartment Incentive Loan Program funds
617 appropriated by the Legislature and available to allocate by
618 request for proposals or other competitive solicitation funding
619 for high-priority affordable housing projects, such as housing
620 to support economic development and job creation initiatives,
621 housing for veterans and their families, and other special needs
622 populations in communities throughout the state as determined by
623 the corporation on an annual basis.
624 Section 13. This act shall take effect July 1, 2012.