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 |
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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 |
208 | out, acquire, lease, and operate housing projects and; to |
209 | provide for the construction, reconstruction, improvement, |
210 | alteration, or repair of any housing project or any part |
211 | thereof. |
212 | (c)(3) To arrange or contract for the furnishing by any |
213 | person or agency, public or private, of services, privileges, |
214 | works, or facilities for, or in connection with, a housing |
215 | project or the occupants thereof.; provided, however, that |
216 | 1. Notwithstanding any other power or provision in this |
217 | chapter, the authority may shall not construct, lease, control, |
218 | purchase, or otherwise establish, in connection with or as a |
219 | part of any housing project or any other real or any other |
220 | property under its control, any system, work, facilities, |
221 | plants, or other equipment for the purpose of furnishing utility |
222 | service of any kind to such projects or to any tenant or |
223 | occupant thereof if in the event that a system, work, facility, |
224 | plant, or other equipment for the furnishing of the same utility |
225 | service is being actually operated by a municipality or private |
226 | concern in the area of operation or the city or the territory |
227 | immediately adjacent thereto; provided, further, but this does |
228 | not that nothing herein shall be construed to prohibit the |
229 | construction or acquisition by the authority of any system, |
230 | work, facilities, or other equipment for the sole and only |
231 | purpose of receiving utility services from any such municipality |
232 | or such private concern and then distributing such utility |
233 | services to the project and to the tenants and occupants |
234 | thereof.; and, |
235 | 2. Notwithstanding anything to the contrary contained in |
236 | this chapter or in any other provision of law, the authority may |
237 | to include, in any contract let in connection with a project, |
238 | stipulations requiring that the contractor and any |
239 | subcontractors comply with requirements as to minimum wages and |
240 | maximum hours of labor, and comply with any conditions which the |
241 | Federal Government may have attached to its financial aid of the |
242 | project. |
243 | (d)(4) To lease or rent any dwellings, houses, |
244 | accommodations, lands, buildings, structures, or facilities |
245 | embraced in any housing project and, subject to the limitations |
246 | contained in this chapter, to establish and revise the rents or |
247 | charges therefor; to own, hold, and improve real or personal |
248 | property; to purchase, lease, obtain options upon, acquire by |
249 | gift, grant, bequest, devise, or otherwise any real or personal |
250 | property or any interest therein; to acquire by the exercise of |
251 | the power of eminent domain any real property, except real |
252 | property to be used to provide access to essential commercial |
253 | goods and services; to sell, lease, exchange, transfer, assign, |
254 | pledge, or dispose of any real or personal property or any |
255 | interest therein; to insure or provide for the insurance of any |
256 | real or personal property or operations of the authority against |
257 | any risks or hazards; and to procure or agree to the procurement |
258 | of insurance or guarantees from the Federal Government of the |
259 | payment of any such debts or parts thereof, whether or not |
260 | incurred by the said authority, including the power to pay |
261 | premiums on any such insurance. |
262 | (e)(5) To invest any funds held in reserves or sinking |
263 | funds, or any funds not required for immediate disbursement, in |
264 | property or securities in which savings banks may legally invest |
265 | funds subject to their control and; to purchase its debentures |
266 | at a price not exceeding more than the principal amount thereof |
267 | and accrued interest, with all debentures so purchased to be |
268 | canceled. |
269 | (f)(6) Within its area of operation: to investigate into |
270 | living, dwelling, and housing conditions and into the means and |
271 | methods of improving such conditions; to determine where slum |
272 | areas exist or where there is a shortage of decent, safe, and |
273 | sanitary dwelling accommodations for persons of low income; to |
274 | make studies and recommendations relating to the problem of |
275 | clearing, replanning, and reconstruction of slum areas and the |
276 | problem of providing dwelling accommodations for persons of low |
277 | income; to administer fair housing ordinances and other |
278 | ordinances as adopted by cities, counties, or other authorities |
279 | who wish to contract for administrative services and to |
280 | cooperate with the city, the county, or the state or any |
281 | political subdivision thereof in action taken in connection with |
282 | such problems; and to engage in research, studies, and |
283 | experimentation on the subject of housing. |
284 | (g)(7) Acting through one or more commissioners or other |
285 | person or persons designated by the authority:; to conduct |
286 | examinations and investigations and to hear testimony and take |
287 | proof under oath at public or private hearings on any matter |
288 | material for its information; to administer oaths, issue |
289 | subpoenas requiring the attendance of witnesses or the |
290 | production of books and papers, and to issue commissions for the |
291 | examination of witnesses who are outside of the state, or unable |
292 | to attend before the authority, or excused from attendance; and |
293 | to make available to appropriate agencies, including those |
294 | charged with the duty of abating or requiring the correction of |
295 | nuisances or like conditions, or of demolishing unsafe or |
296 | insanitary structures within its area of operation, its findings |
297 | and recommendations with regard to any building or property |
298 | where conditions exist which are dangerous to the public health, |
299 | morals, safety, or welfare. |
300 | (h)(8)(a) To organize for the purpose of creating a for- |
301 | profit or not-for-profit corporation, limited liability company, |
302 | or other similar business entity pursuant to all applicable laws |
303 | of this state in which the housing authority may hold an |
304 | ownership interest or participate in its governance in order to |
305 | develop, acquire, lease, construct, rehabilitate, manage, or |
306 | operate multifamily or single-family residential projects and |
307 | commercial projects that allow access to essential goods and |
308 | services for persons of low income residing in such residential |
309 | projects. |
310 | 1. These projects may include nonresidential uses and may |
311 | use public and private funds to serve individuals or families |
312 | who meet the applicable income requirements of the state or |
313 | federal program involved; whose income does not exceed 150 |
314 | percent of the applicable median income for the area, as |
315 | established by the United States Department of Housing and Urban |
316 | Development; and who, in the determination of the housing |
317 | authority, lack sufficient income or assets to enable them to |
318 | purchase or rent a decent, safe, and sanitary dwelling. These |
319 | corporations, limited liability companies, or other business |
320 | entities may join partnerships, joint ventures, or limited |
321 | liability companies pursuant to applicable laws or may otherwise |
322 | engage with business entities in developing, acquiring, leasing, |
323 | constructing, rehabilitating, managing, or operating such |
324 | projects. |
325 | 2.(b) The creation by a housing authority of such a |
326 | corporation, limited liability company, or other business entity |
327 | that is properly registered pursuant to all applicable laws |
328 | before the effective date of this act is ratified and validated |
329 | if the creation of such corporation, limited liability company, |
330 | or other business entity would have been valid had this act been |
331 | in effect at the time such corporation, limited liability |
332 | company, or other business entity was created and registered. |
333 | 3.(c) Proceedings or acts performed by a housing authority |
334 | or a corporation, limited liability company, or other business |
335 | entity authorized pursuant to subparagraph 2. paragraph (b) are |
336 | ratified and validated if such proceedings or acts were in |
337 | furtherance of the purposes set forth in this chapter and would |
338 | have been valid had this act been in effect at the time such |
339 | proceedings or acts were performed. |
340 | (i)(9) Notwithstanding s. 112.061, to the governing board |
341 | of an authority may approve and implement policies for per diem, |
342 | travel, and other expenses of its officials, officers, board |
343 | members, employees, and authorized persons in a manner |
344 | consistent with federal guidelines. |
345 | (j)(10) To exercise all or any part or combination of |
346 | powers herein granted in this section. No Provisions of law |
347 | relating with respect to acquisition, operation, or disposition |
348 | of property by other public bodies do not apply shall be |
349 | applicable to an authority unless the Legislature shall |
350 | specifically states so state. |
351 | (2) Any revenue received by a housing authority from |
352 | commercial projects that provide access to essential goods and |
353 | services necessary for daily living of persons residing in |
354 | housing projects must be used exclusively to upgrade and improve |
355 | living conditions in the housing project or to preserve and |
356 | rehabilitate public or affordable housing managed by the housing |
357 | authority. |
358 | Section 4. Subsection (2) of section 421.09, Florida |
359 | Statutes, is amended to read: |
360 | 421.09 Operation not for profit.- |
361 | (2) This section does not prohibit or restrict the |
362 | activities or operations of a business entity created under s. |
363 | 421.08(1)(h) 421.08(8). |
364 | Section 5. Section 421.21, Florida Statutes, is reenacted |
365 | and amended to read: |
366 | 421.21 Aid from Federal Government; tax exemptions.- |
367 | (1) In addition to the powers conferred upon an authority |
368 | by other provisions of this chapter, an authority is empowered |
369 | to borrow money or accept grants or other financial assistance |
370 | from the Federal Government for or in aid of any housing project |
371 | within its area of operation, to take over or lease or manage |
372 | any housing project or undertaking constructed or owned by the |
373 | Federal Government, and to these ends, to comply with such |
374 | conditions and enter into such trust indentures, leases or |
375 | agreements as may be necessary, convenient or desirable. It is |
376 | the purpose and intent of this chapter to authorize every |
377 | authority to do any and all things necessary or desirable to |
378 | secure the financial aid or cooperation of the Federal |
379 | Government in the undertaking, construction, maintenance, or |
380 | operation of any housing project by such authority. |
381 | (2) In addition to the powers conferred upon an authority |
382 | by subsection (1) and other provisions of this chapter, an |
383 | authority is empowered to borrow money or accept grants or other |
384 | financial assistance from the Federal Government under s. 202 of |
385 | the Housing Act of 1959 (Pub. L. No. 86-372) or any law or |
386 | program of the United States Department of Housing and Urban |
387 | Development, which provides for direct federal loans in the |
388 | maximum amount, as defined therein, for the purpose of assisting |
389 | certain nonprofit corporations to provide housing and related |
390 | facilities for elderly families and elderly persons. |
391 | (a) Housing authorities created under this section are |
392 | authorized to execute mortgages, notes, bills, or other forms of |
393 | indebtedness together with any agreements, contracts, or other |
394 | instruments required by the United States Department of Housing |
395 | and Urban Development in connection with loans made for the |
396 | purposes set forth in this subsection. |
397 | (b) This provision relating to housing facilities for the |
398 | elderly is cumulative and in addition to the powers given to |
399 | housing authorities under this chapter. All powers granted |
400 | generally by law to housing authorities in Florida relating to |
401 | issuance of trust indentures, debentures, and other methods of |
402 | raising capital shall apply also to housing authorities in |
403 | connection with their participation in programs of the United |
404 | States Department of Housing and Urban Development. |
405 | (3) It is the legislative intent that the tax exemption of |
406 | housing authorities provided by chapter 423, shall specifically |
407 | applies apply to any housing authority created under this |
408 | section. |
409 | Section 6. Section 421.32, Florida Statutes, is amended to |
410 | read: |
411 | 421.32 Rural housing projects.-County housing authorities |
412 | and regional housing authorities are specifically empowered and |
413 | authorized to borrow money, accept grants, and exercise their |
414 | other powers to provide housing for farmers of low income and |
415 | domestic farm labor as defined in s. 514 of the Federal Housing |
416 | Act of 1949. In connection with such projects, any such housing |
417 | authority may enter into such leases or purchase agreements, |
418 | accept such conveyances and rent or sell dwellings forming part |
419 | of such projects to or for farmers of low income, as such |
420 | housing authority deems necessary in order to ensure assure the |
421 | achievement of the objectives of this law. Such leases, |
422 | agreements, or conveyances may include such covenants as the |
423 | housing authority deems appropriate regarding such dwellings and |
424 | the tracts of land described in any such instrument, which |
425 | covenants shall be deemed to run with the land where the housing |
426 | authority deems it necessary and the parties to such instrument |
427 | so stipulate. In providing housing for farmers of low income, |
428 | county housing authorities and regional housing authorities are |
429 | shall not be subject to the limitations provided in ss. |
430 | 421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This |
431 | section may not shall be construed as limiting any other powers |
432 | of any housing authority. |
433 | Section 7. Section 422.02, Florida Statutes, is amended to |
434 | read: |
435 | 422.02 Finding and declaration of necessity.-It has been |
436 | found and declared in the Housing Authorities Law that there |
437 | exist in the state unsafe and insanitary housing conditions and |
438 | a shortage of safe and sanitary dwelling accommodations and |
439 | access to essential commercial goods and services necessary for |
440 | daily living for persons of low income; that these conditions |
441 | necessitate excessive and disproportionate expenditures of |
442 | public funds for crime prevention and punishment, public health, |
443 | welfare and safety, fire and accident protection, and other |
444 | public services and facilities; and that the public interest |
445 | requires the remedying of these conditions. It is found and |
446 | declared that the assistance herein provided for the remedying |
447 | of the conditions set forth in the Housing Authorities Law |
448 | constitutes a public use and purpose and an essential |
449 | governmental function for which public moneys may be spent and |
450 | other aid given; that it is a proper public purpose for any |
451 | state public body to aid any housing authority operating within |
452 | its boundaries or jurisdiction or any housing project located |
453 | therein, as the state public body derives immediate benefits and |
454 | advantages from such an authority or project; and that the |
455 | provisions hereinafter enacted are necessary in the public |
456 | interest. |
457 | Section 8. Section 422.04, Florida Statutes, is amended to |
458 | read: |
459 | 422.04 Cooperation in undertaking housing projects.- |
460 | (1) For the purpose of aiding and cooperating in the |
461 | planning, undertaking, construction, or operation of housing |
462 | projects located within the area in which it is authorized to |
463 | act, any state public body may, upon such terms, with or without |
464 | consideration, as it may determine: |
465 | (a) Dedicate, sell, convey, or lease any of its property |
466 | to a housing authority or the Federal Government.; |
467 | (b) Cause parks;, playgrounds;, recreational, community, |
468 | educational, water, sewer, or drainage facilities; commercial |
469 | projects that allow access to essential goods and services for |
470 | persons of low income residing in housing projects; or any other |
471 | works, which it is otherwise empowered to undertake, to be |
472 | furnished adjacent to or in connection with housing projects.; |
473 | (c) Furnish, dedicate, close, pave, install, grade, |
474 | regrade, plan, or replan streets, roads, roadways, alleys, |
475 | sidewalks, or other places which it is otherwise empowered to |
476 | undertake.; |
477 | (d) Plan or replan, zone or rezone any part of such state |
478 | public body; make exceptions from building regulations and |
479 | ordinances; and, with respect to any city or town, also may |
480 | change its map.; |
481 | (e) Enter into agreements, which may extend over any |
482 | period, notwithstanding any provision or rule of law to the |
483 | contrary, with a housing authority or the Federal Government |
484 | respecting action to be taken by such state public body pursuant |
485 | to any of the powers granted by this chapter.; |
486 | (f) Do any and all things, necessary, or convenient to aid |
487 | and cooperate in the planning, undertaking, construction, or |
488 | operation of such housing projects.; |
489 | (g) Purchase or legally invest in any of the debentures of |
490 | a housing authority and exercise all of the rights of any holder |
491 | of such debentures.; |
492 | (h) Not require any changes to be made in a housing |
493 | project or the manner of its construction or take any other |
494 | action relating to such construction with respect to any housing |
495 | project which a housing authority has acquired or taken over |
496 | from the Federal Government and which the housing authority by |
497 | resolution has found and declared to have been constructed in a |
498 | manner that will promote the public interest and afford |
499 | necessary safety, sanitation, and other protection., no state |
500 | public body shall require any changes to be made in the housing |
501 | project or the manner of its construction or take any other |
502 | action relating to such construction; |
503 | (i) Incur the entire expense of In connection with any |
504 | public improvements made by the a state public body in |
505 | exercising the powers herein granted, such state public body may |
506 | incur the entire expense thereof. |
507 | (2) Any law or statute to the contrary notwithstanding, |
508 | any sale, conveyance, lease, or agreement provided for in this |
509 | section may be made by a state public body without appraisal, |
510 | public notice, advertisement, or public bidding. |
511 | Section 9. Section 423.01, Florida Statutes, is amended to |
512 | read: |
513 | 423.01 Finding and declaration of property of tax |
514 | exemption for housing authorities.-It has been found and |
515 | declared in the Housing Authorities Law and the Housing |
516 | Cooperation Law that: |
517 | (1) There exist in the state housing conditions that which |
518 | constitute a menace to the health, safety, morals, and welfare |
519 | of the residents of the state; |
520 | (2) These conditions necessitate excessive and |
521 | disproportionate expenditures of public funds for crime |
522 | prevention and punishment, public health, welfare and safety, |
523 | fire and accident prevention, and other public services and |
524 | facilities; |
525 | (3) The public interest requires the remedying of these |
526 | conditions by the creation of housing authorities to undertake |
527 | projects for slum clearance and for providing safe and sanitary |
528 | dwelling accommodations and access to essential commercial goods |
529 | and services necessary for daily living for persons who lack |
530 | sufficient income to enable them to live in decent, safe, and |
531 | sanitary dwellings without overcrowding; and |
532 | (4) Facilities made available by housing authorities to |
533 | provide access to essential goods and services necessary for |
534 | daily living for persons residing in housing projects are a |
535 | critical component of those housing projects and constitute a |
536 | public use and a governmental function; and |
537 | (5)(4) Such housing projects, including all property of a |
538 | housing authority used for or in connection therewith or |
539 | appurtenant thereto and all property used to provide access to |
540 | essential goods and services necessary for daily living for |
541 | persons residing in such housing projects, are exclusively for |
542 | public uses and municipal purposes and not for profit, and are |
543 | governmental functions of state concern. As a matter of |
544 | legislative determination, it is found and declared that the |
545 | property and debentures of a housing authority are of such |
546 | character as may be exempt from taxation. |
547 | Section 10. Section 423.02, Florida Statutes, is amended |
548 | to read: |
549 | 423.02 Housing projects exempted from taxes and |
550 | assessments; payments in lieu thereof.-The housing projects, |
551 | including all property of housing authorities used for or in |
552 | connection therewith or appurtenant thereto and all commercial |
553 | projects that allow access to essential goods and services for |
554 | persons of low income residing in such housing projects, of |
555 | housing authorities shall be exempt from all taxes and special |
556 | assessments of the state or any city, town, county, or political |
557 | subdivision of the state., provided, However, that in lieu of |
558 | such taxes or special assessments, a housing authority may agree |
559 | to make payments to any city, town, county, or political |
560 | subdivision of the state for services, improvements, or |
561 | facilities furnished by such city, town, county, or political |
562 | subdivision for the benefit of a housing project owned by the |
563 | housing authority, but in no event shall such payments may not |
564 | exceed the estimated cost to such city, town, county, or |
565 | political subdivision of the services, improvements, or |
566 | facilities to be so furnished. |
567 | Section 11. This act shall take effect July 1, 2012. |