Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1520
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2015           .                                

       The Committee on Community Affairs (Thompson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 421.02, Florida Statutes, is amended to
    6  read:
    7         421.02 Finding and declaration of necessity.—It is hereby
    8  declared that:
    9         (1) There exist in the state insanitary or unsafe dwelling
   10  accommodations and that persons of low income are forced to
   11  reside in such insanitary or unsafe accommodations; that within
   12  the state there is a shortage of safe or sanitary dwelling
   13  accommodations available at rents which persons of low income
   14  can afford and that such persons are forced to occupy
   15  overcrowded and congested dwelling accommodations; that such the
   16  aforesaid conditions cause an increase in and spread of disease
   17  and crime and constitute a menace to the health, safety, morals,
   18  and welfare of the residents of the state and impair economic
   19  values; and that these conditions necessitate excessive and
   20  disproportionate expenditures of public funds for crime
   21  prevention and punishment, public health, welfare and safety,
   22  fire and accident protection, and other public services and
   23  facilities.
   24         (2) Blighted areas in the state cannot be revitalized, nor
   25  can the shortage of safe and sanitary dwellings for persons of
   26  low income be relieved, solely through the operation of private
   27  enterprise. However, the state encourages the use of housing
   28  authority property in combination with private enterprise to
   29  construct, rehabilitate, and otherwise provide safe and sanitary
   30  dwelling conditions for persons of low income.
   31         (3) The clearance, replanning, and reconstruction of the
   32  areas in which insanitary or unsafe housing conditions exist,
   33  and the providing of safe and sanitary dwelling accommodations,
   34  and the access to essential commercial goods and services
   35  necessary for daily living for persons of low income, including
   36  the acquisition by a housing authority of property to be used
   37  for or in connection with housing projects or appurtenant
   38  thereto, are exclusively public uses and purposes for which
   39  public money may be spent and private property acquired and are
   40  governmental functions of public concern.
   41         (4) An important public purpose is served by providing
   42  access to essential commercial goods and services necessary for
   43  daily living for persons served by public housing authorities as
   44  those persons often have limited transportation capacity and
   45  significant family demands. Issues such as limited
   46  transportation capacity and significant family demands
   47  complicate daily living and make access to essential commercial
   48  goods and services difficult.
   49         (5)(4) The necessity in the public interest for the
   50  provisions hereinafter enacted, is hereby declared as a matter
   51  of legislative determination.
   52         Section 2. Section 421.03, Florida Statutes, is amended to
   53  read:
   54         421.03 Definitions.—As used The following terms, wherever
   55  used or referred to in this part, except where the context
   56  clearly indicates otherwise, the term shall have the following
   57  respective meanings for the purposes of this part, unless a
   58  different meaning clearly appears from the context:
   59         (2)(1) “Authority” or “housing authority” means a shall
   60  mean any of the public corporation corporations created pursuant
   61  to by s. 421.04.
   62         (4)(2) “City” means shall mean any city or town of the
   63  state having a population of more than 2,500, according to the
   64  last preceding federal or state census. The term also means “The
   65  city” shall mean the particular city for which a particular
   66  housing authority is created.
   67         (9)(3) “Governing body” means shall mean the city council,
   68  the commission, or other legislative body charged with governing
   69  the city, as the case may be.
   70         (11)(4) “Mayor” means shall mean the mayor of the city or
   71  the officer thereof charged with the duties customarily imposed
   72  on the mayor or executive head of the city.
   73         (5) “Clerk” means shall mean the clerk of the city or the
   74  officer of the city charged with the duties customarily imposed
   75  on the clerk thereof.
   76         (1)(6) “Area of Operation”:
   77         (a) In the case of a housing authority of a city having a
   78  population of less than 25,000, includes shall include such city
   79  and the area within 5 miles of its the territorial boundaries.
   80  thereof; and
   81         (b) In the case of a housing authority of a city having a
   82  population of 25,000 or more, includes shall include such city
   83  and the area within 10 miles of its from the territorial
   84  boundaries. thereof; provided However, that the area of
   85  operation of a housing authority of a any city may shall not
   86  include any area that which lies within the territorial
   87  boundaries of another some other city as herein defined; and may
   88  further provided that the area of operation shall not extend
   89  outside of the boundaries of the county in which the city is
   90  located. A and no housing authority has no shall have any power
   91  or jurisdiction outside of the county in which the city is
   92  located.
   93         (7) “Essential commercial goods and services” means goods,
   94  such as groceries and clothing, and services, such as child
   95  care, K-12 education, financial services, job training and
   96  placement, laundry facilities, and other local governmental
   97  services, which are in close proximity to dwelling
   98  accommodations of a housing authority, are necessary for daily
   99  living, and may be difficult for persons of low income to access
  100  unless located in close proximity to the housing development
  101  where the persons of low income reside.
  102         (8)(7) “Federal Government” means shall include the United
  103  States Government, the Federal Emergency Administration of
  104  Public Works or any department, commission, other agency, or
  105  other instrumentality thereof, corporate or otherwise, of the
  106  United States.
  107         (3)(8)“Blighted” means “Slum” shall mean any area where
  108  dwellings predominate which, by reason of dilapidation,
  109  overcrowding, faulty arrangement or design, lack of ventilation,
  110  light or sanitary facilities, or any combination of these
  111  factors, are detrimental to safety, health, and morals.
  112         (10)(9) “Housing project” means shall mean any work or
  113  undertaking:
  114         (a) To demolish, clear, or remove buildings from any
  115  blighted slum area, which; such work or undertaking may embrace
  116  the adaption of such area to public purposes, including parks or
  117  other recreational or community purposes; or
  118         (b) To provide decent, safe, and sanitary urban or rural
  119  dwellings, apartments, or other living accommodations for
  120  persons of low income, which; such work or undertaking may
  121  include buildings, land, equipment, facilities, and other real
  122  or personal property for necessary, convenient, or desirable
  123  appurtenances, streets, sewers, water service, parks, site
  124  preparation, gardening, administrative, community, health,
  125  recreational, educational, welfare, or other purposes; or
  126         (c) To provide access to essential commercial goods and
  127  services; or
  128         (d)(c) To accomplish a combination of the foregoing.
  130  The term “housing project” also applies may be applied to the
  131  planning of the buildings and improvements;, the acquisition of
  132  property;, the demolition of existing structures;, the
  133  construction, reconstruction, alteration, and repair of the
  134  improvements; and all other work in connection therewith.
  135         (13)(10) “Persons of low income” means shall mean persons
  136  or families who lack the amount of income which is necessary, as
  137  determined by the authority undertaking the housing project, to
  138  enable them, without financial assistance, to live in decent,
  139  safe, and sanitary dwellings, without overcrowding.
  140         (6)(11) “Debentures” means shall mean any notes, interim
  141  certificates, debentures, revenue certificates, or other
  142  obligations issued by an authority pursuant to this chapter.
  143         (14)(12) “Real property” includes shall include all lands,
  144  including improvements and fixtures thereon, and property of any
  145  nature appurtenant thereto, or used in connection therewith, and
  146  every estate, interest, and right, legal or equitable, therein,
  147  including terms for years and liens by way of judgment,
  148  mortgage, or otherwise and the indebtedness secured by such
  149  liens.
  150         (12)(13) “Obligee of the authority” or “obligee” includes
  151  shall include any holder of debentures, trustee or trustees for
  152  any such holders, or lessor demising to the authority property
  153  used in connection with a housing project, or any assignee or
  154  assignees of such lessor’s interest or any part thereof, and the
  155  Federal Government when it is a party to any contract with the
  156  authority.
  157         Section 3. Subsection (4) is added to section 421.04,
  158  Florida Statutes, to read:
  159         421.04 Creation of housing authorities.—
  160         (4) A housing authority, regardless of the date of its
  161  creation, may not apply to the Federal Government to seize any
  162  projects, units, or vouchers of another established housing
  163  authority, irrespective of each housing authority’s areas of
  164  operation.
  165         Section 4. Subsection (2) of section 421.05, Florida
  166  Statutes, is amended to read:
  167         421.05 Appointment, qualifications, and tenure of
  168  commissioners; hiring of employees.—
  169         (2) The powers of each authority shall be vested in the
  170  commissioners thereof in office from time to time. A majority of
  171  the commissioners shall constitute a quorum of the authority for
  172  the purpose of conducting its business and exercising its powers
  173  and for all other purposes. Action may be taken by the authority
  174  upon a vote of a majority of the commissioners present, unless
  175  in any case the bylaws of the authority require a larger number.
  176  The mayor with the concurrence of the governing body shall
  177  designate which of the commissioners appointed shall be the
  178  first chair, but when the office of the chair of the authority
  179  thereafter becomes vacant, the authority shall select a chair
  180  from among its commissioners. An authority shall select from
  181  among its commissioners a vice chair,; and it may employ a
  182  secretary, who shall be the executive director, technical
  183  experts, and such other officers, agents, and employees,
  184  permanent and temporary, as it may require and shall determine
  185  their qualifications, duties, and compensation. As provided in
  186  s. 215.425, a commissioner may not receive extra compensation.
  187  For such legal services as it may require, an authority may call
  188  upon the chief law officer of the city or may employ its own
  189  counsel and legal staff. An authority may delegate to one or
  190  more of its agents or employees such powers or duties as it may
  191  deem proper.
  192         Section 5. Section 421.06, Florida Statutes, is amended to
  193  read:
  194         421.06 Commissioners or employees prohibited from acquiring
  195  interests in housing projects and required to disclose interests
  196  in specified properties; exception.—Except for the leasehold
  197  interest held by a tenant-commissioner in the housing project in
  198  which he or she is a tenant, a no commissioner or employee of an
  199  authority may not shall acquire any interest, direct or
  200  indirect, in any housing project or in any property included or
  201  planned to be included in any project, or nor shall he or she
  202  have any interest, direct or indirect, in any contract or
  203  proposed contract for materials or services to be furnished or
  204  used in connection with any housing project. If a commissioner
  205  or employee of an authority owns or controls an interest, direct
  206  or indirect, in any property included or planned to be included
  207  in any housing project, he or she shall immediately disclose the
  208  same in writing to the authority. Such disclosure shall be
  209  entered upon the minutes of the authority. Failure so to
  210  disclose such interest constitutes misconduct in office. This
  211  section applies to any commercial project authorized by this
  212  chapter.
  213         Section 6. Section 421.08, Florida Statutes, is amended to
  214  read:
  215         421.08 Powers of authority.—
  216         (1) An authority constitutes shall constitute a public body
  217  corporate and politic, exercising the public and essential
  218  governmental functions set forth in this chapter, and having all
  219  the powers necessary or convenient to carry out and effectuate
  220  the purpose and provisions of this chapter, including the
  221  following additional powers in addition to others herein
  222  granted:
  223         (a)(1) To sue and be sued; to have a seal and to alter it
  224  the same at pleasure; to have perpetual succession; to make and
  225  execute contracts and other instruments necessary or convenient
  226  to the exercise of the powers of the authority; to appear in
  227  court through any of its officers, agents, or employees, for the
  228  exclusive purpose of filing eviction papers; and to make and
  229  from time to time amend and repeal bylaws, rules, and
  230  regulations, not inconsistent with this chapter, to carry into
  231  effect the powers and purposes of the authority.
  232         (b)(2) Within its area of operation, to prepare, carry out,
  233  acquire, lease, and operate housing projects and; to provide for
  234  the construction, reconstruction, improvement, alteration, or
  235  repair of any housing project or any part thereof.
  236         (c)(3) To arrange or contract for the furnishing by any
  237  person or agency, public or private, of services, privileges,
  238  works, or facilities for, or in connection with, a housing
  239  project or the occupants thereof.; provided, however, that
  240         1. Notwithstanding any other power or provision in this
  241  chapter, the authority may shall not construct, lease, control,
  242  purchase, or otherwise establish, in connection with or as a
  243  part of any housing project or any other real or any other
  244  property under its control, any system, work, facilities,
  245  plants, or other equipment for the purpose of furnishing utility
  246  service of any kind to such projects or to any tenant or
  247  occupant thereof if in the event that a system, work, facility,
  248  plant, or other equipment for the furnishing of the same utility
  249  service is being actually operated by a municipality or private
  250  concern in the area of operation or the city or the territory
  251  immediately adjacent thereto. However, this subparagraph does
  252  not ; provided, further, that nothing herein shall be construed
  253  to prohibit the construction or acquisition by the authority of:
  254         a. Any system, work, facilities, or other equipment for the
  255  sole and only purpose of receiving utility services from any
  256  such municipality or such private concern and then distributing
  257  such utility services to the project and to the tenants and
  258  occupants thereof; or and,
  259         b. Any renewable energy devices or systems to be installed
  260  and located upon housing authority property for the sole purpose
  261  of reducing utility costs to the tenants or occupants thereof.
  262         2. Notwithstanding anything to the contrary contained in
  263  this chapter or in any other provision of law, the authority may
  264  to include, in any contract let in connection with a project,
  265  stipulations requiring that the contractor and any
  266  subcontractors comply with requirements as to minimum wages and
  267  maximum hours of labor, and comply with any conditions which the
  268  Federal Government may have attached to its financial aid of the
  269  project.
  270         (d)(4) To lease or rent any dwellings, houses,
  271  accommodations, lands, buildings, structures, or facilities
  272  embraced in any housing project and, subject to the limitations
  273  contained in this chapter, to establish and revise the rents or
  274  charges therefor; to own, hold, and improve real or personal
  275  property; to purchase, lease, obtain options upon, acquire by
  276  gift, grant, bequest, devise, or otherwise any real or personal
  277  property or any interest therein; to acquire by the exercise of
  278  the power of eminent domain any real property, except real
  279  property to be used to provide access to essential commercial
  280  goods and services; to sell, lease, exchange, transfer, assign,
  281  pledge, or dispose of any real or personal property or any
  282  interest therein; to insure or provide for the insurance of any
  283  real or personal property or operations of the authority against
  284  any risks or hazards; and to procure or agree to the procurement
  285  of insurance or guarantees from the Federal Government of the
  286  payment of any such debts or parts thereof, whether or not
  287  incurred by the said authority, including the power to pay
  288  premiums on any such insurance.
  289         (e)(5) To invest any funds held in reserves or sinking
  290  funds, or any funds not required for immediate disbursement, in
  291  property or securities in which savings banks may legally invest
  292  funds subject to their control and; to purchase its debentures
  293  at a price not exceeding more than the principal amount thereof
  294  and accrued interest, with all debentures so purchased to be
  295  canceled.
  296         (f)(6) Within its area of operation: to investigate into
  297  living, dwelling, and housing conditions and into the means and
  298  methods of improving such conditions; to determine where
  299  blighted slum areas exist or where there is a shortage of
  300  decent, safe, and sanitary dwelling accommodations for persons
  301  of low income; to make studies and recommendations relating to
  302  the problem of clearing, replanning, and reconstruction of
  303  blighted slum areas and the problem of providing dwelling
  304  accommodations for persons of low income; to administer fair
  305  housing ordinances and other ordinances as adopted by cities,
  306  counties, or other authorities who wish to contract for
  307  administrative services and to cooperate with the city, the
  308  county, or the state or any political subdivision thereof in
  309  action taken in connection with such problems; and to engage in
  310  research, studies, and experimentation on the subject of
  311  housing.
  312         (g)(7) Acting through one or more commissioners or other
  313  person or persons designated by the authority:; to conduct
  314  examinations and investigations and to hear testimony and take
  315  proof under oath at public or private hearings on any matter
  316  material for its information; to administer oaths, issue
  317  subpoenas requiring the attendance of witnesses or the
  318  production of books and papers, and to issue commissions for the
  319  examination of witnesses who are outside of the state, or unable
  320  to attend before the authority, or excused from attendance; and
  321  to make available to appropriate agencies, including those
  322  charged with the duty of abating or requiring the correction of
  323  nuisances or like conditions, or of demolishing unsafe or
  324  insanitary structures within its area of operation, its findings
  325  and recommendations with regard to any building or property
  326  where conditions exist which are dangerous to the public health,
  327  morals, safety, or welfare.
  328         (h)(8)(a) To organize for the purpose of creating a for
  329  profit or not-for-profit corporation, limited liability company,
  330  or other similar business entity pursuant to all applicable laws
  331  of this state in which the housing authority may hold an
  332  ownership interest or participate in its governance in order to
  333  develop, acquire, lease, construct, rehabilitate, manage, or
  334  operate multifamily or single-family residential projects and
  335  commercial projects that allow access to essential commercial
  336  goods and services for persons of low income residing in such
  337  residential projects.
  338         1. These projects may include nonresidential uses and may
  339  use public and private funds to serve individuals or families
  340  who meet the applicable income requirements of the state or
  341  federal program involved; whose income does not exceed 150
  342  percent of the applicable median income for the area, as
  343  established by the United States Department of Housing and Urban
  344  Development; and who, in the determination of the housing
  345  authority, lack sufficient income or assets to enable them to
  346  purchase or rent a decent, safe, and sanitary dwelling. These
  347  corporations, limited liability companies, or other business
  348  entities may join partnerships, joint ventures, or limited
  349  liability companies pursuant to applicable laws or may otherwise
  350  engage with business entities in developing, acquiring, leasing,
  351  constructing, rehabilitating, managing, or operating such
  352  projects.
  353         2.(b) The creation by a housing authority of such a
  354  corporation, limited liability company, or other business entity
  355  that is properly registered pursuant to all applicable laws
  356  before the effective date of this act is ratified and validated
  357  if the creation of such corporation, limited liability company,
  358  or other business entity would have been valid had this act been
  359  in effect at the time such corporation, limited liability
  360  company, or other business entity was created and registered.
  361         3.(c) Proceedings or acts performed by a housing authority
  362  or a corporation, limited liability company, or other business
  363  entity authorized pursuant to subparagraph 2. paragraph (b) are
  364  ratified and validated if such proceedings or acts were in
  365  furtherance of the purposes set forth in this chapter and would
  366  have been valid had this act been in effect at the time such
  367  proceedings or acts were performed.
  368         (i)(9) Notwithstanding s. 112.061, to the governing board
  369  of an authority may approve and implement policies for per diem,
  370  travel, and other expenses of its officials, officers, board
  371  members, employees, and authorized persons in a manner
  372  consistent with federal guidelines.
  373         (j)(10) To exercise all or any part or combination of
  374  powers herein granted in this section. No Provisions of law
  375  relating with respect to acquisition, operation, or disposition
  376  of property by other public bodies do not apply shall be
  377  applicable to an authority unless the Legislature shall
  378  specifically so states state.
  379         (2) Any revenue received by a housing authority from
  380  commercial projects that provide access to essential commercial
  381  goods and services necessary for daily living of persons
  382  residing in housing developments must be used exclusively for
  383  affordable housing.
  384         Section 7. Subsection (2) of section 421.09, Florida
  385  Statutes, is amended to read:
  386         421.09 Operation not for profit.—
  387         (2) This section does not prohibit or restrict the
  388  activities or operations of a business entity created under s.
  389  421.08(1)(h) 421.08(8).
  390         Section 8. Subsection (1) of section 421.091, Florida
  391  Statutes, is amended to read:
  392         421.091 Financial accounting and investments; fiscal year.—
  393         (1)  A complete and full financial accounting and audit in
  394  accordance with federal audit standards of public housing
  395  agencies shall be made biennially by a certified public
  396  accountant and submitted to the Federal Government in accordance
  397  with its policies. Housing authorities are otherwise exempt from
  398  the reporting requirements of s. 218.32. A copy of such audit
  399  shall be filed with the governing body and with the Auditor
  400  General.
  401         Section 9. Paragraph (b) of subsection (2) and subsection
  402  (3) of section 421.21, Florida Statutes, are amended to read:
  403         421.21 Aid from Federal Government; tax exemptions.—
  404         (2) In addition to the powers conferred upon an authority
  405  by subsection (1) and other provisions of this chapter, an
  406  authority is empowered to borrow money or accept grants or other
  407  financial assistance from the Federal Government under s. 202 of
  408  the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
  409  program of the United States Department of Housing and Urban
  410  Development, which provides for direct federal loans in the
  411  maximum amount, as defined therein, for the purpose of assisting
  412  certain nonprofit corporations to provide housing and related
  413  facilities for elderly families and elderly persons.
  414         (b) This provision relating to housing facilities for the
  415  elderly is cumulative and in addition to the powers given to
  416  housing authorities under this chapter. All powers granted
  417  generally by law to housing authorities in Florida relating to
  418  issuance of trust indentures, debentures, and other methods of
  419  raising capital also shall apply also to housing authorities in
  420  connection with their participation in programs of the United
  421  States Department of Housing and Urban Development.
  422         (3) It is the legislative intent that the tax exemption of
  423  housing authorities provided by chapter 423, shall specifically
  424  applies apply to any housing authority created under this
  425  section and any affordable housing efforts it undertakes, either
  426  directly or through instrumentalities.
  427         Section 10. Section 421.281, Florida Statutes, is created
  428  to read:
  429         421.281 Consolidated Housing Authorities.—
  430         (1) CREATION.—
  431         (a) If, after a public hearing and two consecutive meetings
  432  at which such resolution is heard, the commissioners of at least
  433  two municipal or municipal and county housing authorities of
  434  neighboring areas of operation that are not under federal
  435  receivership declare by identical resolution that there is a
  436  need for merging their authorities which serves the best
  437  interest of their respective tenants and communities, one
  438  housing authority shall be created for all of such authorities
  439  to exercise powers and other functions herein prescribed in such
  440  areas of operation through a public body corporate and politic
  441  to be known as a consolidated housing authority.
  442         (b) After the consolidation, each housing authority created
  443  by s. 421.04 or s. 421.27 for each of the areas shall cease to
  444  exist except for the purpose of winding up its affairs and
  445  executing a deed to the consolidated housing authority as
  446  hereafter provided, if:
  447         1. All obligees of such housing authorities and parties to
  448  the contracts, bonds, notes, and other obligations of such
  449  housing authorities agree to the substitution of the
  450  consolidated housing authority; and
  451         2. The commissioners of such housing authorities adopt a
  452  resolution consenting to the transfer of all of the rights,
  453  contracts, obligations, and property, real and personal, to the
  454  consolidated housing authority.
  455         (c) When any real property of a housing authority vests in
  456  a consolidated housing authority as provided in subsection (2),
  457  the housing authority shall execute a deed of such property to
  458  the consolidated housing authority which shall file such deed
  459  with the recorder of deeds of the county where such real
  460  property is located.
  461         (d) In any suit, action, or proceeding involving the
  462  validity or enforcement of, or relating to, any contract of the
  463  consolidated housing authority, the consolidated housing
  464  authority shall be conclusively deemed to have been created,
  465  established, and authorized to transact business and exercise
  466  its powers hereunder upon proof of the adoption of a resolution
  467  by the commissioners of each of the authorities creating the
  468  consolidated housing authority.
  469         (e) No more than three housing authorities may be
  470  consolidated within a 10-year period, unless there is a
  471  resolution of each housing authority and local government within
  472  the area of operation in support of such additional
  473  consolidation.
  474         (2) AREA OF OPERATION.—
  475         (a) The area of operation of a consolidated housing
  476  authority shall include the combined areas of operation of the
  477  housing authorities that merged to form the consolidated housing
  478  authority.
  479         (b) In connection with the issuance of bonds or the
  480  incurring of other obligations, a consolidated housing authority
  481  may covenant as to limitations on its right to adopt resolutions
  482  relating to the increase of its area of operation.
  483         (3) COMMISSIONERS.—
  484         (a) When a consolidated housing authority has been created,
  485  the consolidation plan must include provision for the
  486  distribution of appointments among the existing appointing
  487  authorities. The appointing authorities shall thereupon appoint
  488  seven persons, with at least one qualified elector from each
  489  area of operation included therein, provided that there are
  490  suitable candidates who are willing to serve from each area of
  491  operation.
  492         (b) When the area of operation of a consolidated housing
  493  authority is increased to include an additional area of
  494  operation as herein provided, the consolidation plan must
  495  provide for the appointment of one qualified elector from each
  496  such additional area of operation as a commissioner. The number
  497  of commissioners of a consolidated housing authority may be
  498  increased above seven only for the implementation of this
  499  subsection.
  500         (c) If any county is later excluded from the area of
  501  operation of a consolidated housing authority, the office of the
  502  commissioner of such housing authority appointed as provided in
  503  subsection (2) is abolished.
  504         (d) If the area of operation of a consolidated housing
  505  authority consists at any time of an even number of counties,
  506  the Governor shall appoint one additional commissioner, who must
  507  be a qualified elector from one of the counties in such area of
  508  operation.
  509         (e) A certificate of the appointment of any commissioner of
  510  a consolidated housing authority shall be filed with the county
  511  clerk of the county from which the commissioner is appointed,
  512  and such certificate shall be conclusive evidence of the due and
  513  proper appointment of such commissioner.
  514         (f) The commissioners of a consolidated housing authority
  515  shall be appointed for staggered terms of 4 years, except that
  516  the terms of the initial appointees may be truncated to provide
  517  for staggered terms, and vacancies shall be filled for the
  518  unexpired terms. Each commissioner shall hold office until a
  519  successor has been appointed and has qualified, except as
  520  otherwise provided herein. The appointing authority shall
  521  thereafter appoint the successor of each commissioner.
  522         (g) The commissioners of a consolidated housing authority
  523  shall elect a chair from among the commissioners and may select
  524  or employ such other officers and employees as the housing
  525  authority may require. A majority of the commissioners of a
  526  consolidated housing authority constitutes a quorum for the
  527  purpose of conducting its business and exercising its powers and
  528  for all other purposes.
  529         (4) POWERS AND DUTIES.—Except as otherwise provided herein,
  530  a consolidated housing authority and the commissioners thereof
  531  shall, within the area of operation of such consolidated housing
  532  authority, have the same functions, rights, powers, duties,
  533  privileges, and immunities provided for housing authorities
  534  created for cities or counties. A consolidated housing authority
  535  may select an appropriate corporate name.
  536         Section 11. Section 421.32, Florida Statutes, is amended to
  537  read:
  538         421.32 Rural housing projects.—County housing authorities,
  539  consolidated housing authorities, and regional housing
  540  authorities are specifically empowered and authorized to borrow
  541  money, accept grants, and exercise their other powers to provide
  542  housing for farmers of low income and domestic farm labor as
  543  defined in s. 514 of the Federal Housing Act of 1949. In
  544  connection with such projects, any such housing authority may
  545  enter into such leases or purchase agreements, accept such
  546  conveyances, and rent or sell dwellings forming part of such
  547  projects to or for farmers of low income, as such housing
  548  authority deems necessary in order to assure the achievement of
  549  the objectives of this law. Such leases, agreements, or
  550  conveyances may include such covenants as the housing authority
  551  deems appropriate regarding such dwellings and the tracts of
  552  land described in any such instrument, which covenants shall be
  553  deemed to run with the land when where the housing authority
  554  deems it necessary and the parties to such instrument so
  555  stipulate. In providing housing for farmers of low income,
  556  county housing authorities, consolidated housing authorities,
  557  and regional housing authorities are shall not be subject to the
  558  limitations provided in ss. 421.08(1)(c) 421.08(3) and
  559  421.10(3). Nothing contained in This section does not limit
  560  shall be construed as limiting any other powers of any housing
  561  authority.
  562         Section 12. Section 421.321, Florida Statutes, is amended
  563  to read:
  564         421.321 Execution of mortgages.—County, consolidated, and
  565  regional housing authorities organized under this chapter are
  566  authorized to execute mortgages encumbering real property as
  567  security for loans made for providing facilities for domestic
  568  farm labor pursuant to s. 514 of the Federal Housing Act of
  569  1949.
  570         Section 13. Section 421.33, Florida Statutes, is amended to
  571  read:
  572         421.33 Housing applications by farmers.—The owner of any
  573  farm operated, or worked upon, by farmers of low income in need
  574  of safe and sanitary housing may file an application with a
  575  housing authority created for a county, consolidated, or a
  576  regional housing authority requesting that it provide for a safe
  577  and sanitary dwelling or dwellings for occupancy by such farmers
  578  of low income. Such applications shall be received and examined
  579  by housing authorities in connection with the formulation of
  580  projects or programs to provide housing for farmers of low
  581  income. Provided, However, that if it becomes necessary for an
  582  applicant under this section to convey any portion of the
  583  applicant’s then homestead in order to take advantages as
  584  provided herein, then in that event, the parting with title to a
  585  portion of said homestead shall not affect the remaining portion
  586  of same, but all rights that said owner may have in and to same
  587  under and by virtue of the State Constitution of the state or
  588  any law passed pursuant thereto, shall be deemed and held to
  589  apply to such remaining portion of said land, the title of which
  590  remains in said applicant. ; it being the intention of The
  591  Legislature intends to permit the owner of any farm operated or
  592  worked upon by farmers of low income in need of safe and
  593  sanitary housing to take advantage of the provisions of this law
  594  without jeopardizing the owner’s their rights in the owner’s
  595  their then homestead by reason of any requirement that may be
  596  necessary in order for them to receive the benefits herein
  597  provided,; and a no court may not shall ever construe that an
  598  applicant who has taken advantage of this law has in any manner,
  599  shape, or form abandoned his or her rights in any property that
  600  is the applicant’s then homestead by virtue of such action upon
  601  his or her part, but it shall be held, construed, and deemed
  602  that such action upon the part of any applicant hereunder was
  603  not any abandonment of the applicant’s then homestead, and that
  604  all rights that the applicant then had therein shall be and
  605  remain as provided by the State Constitution and any law enacted
  606  pursuant thereto.
  607         Section 14. Section 422.02, Florida Statutes, is amended to
  608  read:
  609         422.02 Finding and declaration of necessity.—It has been
  610  found and declared in the Housing Authorities Law that there
  611  exist in the state unsafe and insanitary housing conditions, and
  612  a shortage of safe and sanitary dwelling accommodations, and a
  613  lack of access to essential commercial goods and services
  614  necessary for daily living for persons of low income; that these
  615  conditions necessitate excessive and disproportionate
  616  expenditures of public funds for crime prevention and
  617  punishment, public health, welfare and safety, fire and accident
  618  protection, and other public services and facilities; and that
  619  the public interest requires the remedying of these conditions.
  620  It is found and declared that the assistance herein provided for
  621  the remedying of the conditions set forth in the Housing
  622  Authorities Law constitutes a public use and purpose and an
  623  essential governmental function for which public moneys may be
  624  spent and other aid given; that it is a proper public purpose
  625  for any state public body to aid any housing authority operating
  626  within its boundaries or jurisdiction or any housing project
  627  located therein, as the state public body derives immediate
  628  benefits and advantages from such an authority or project; and
  629  that the provisions hereinafter enacted are necessary in the
  630  public interest.
  631         Section 15. Section 422.04, Florida Statutes, is amended to
  632  read:
  633         422.04 Cooperation in undertaking housing projects.—
  634         (1) For the purpose of aiding and cooperating in the
  635  planning, undertaking, construction, or operation of housing
  636  projects located within the area in which it is authorized to
  637  act, any state public body may, upon such terms, with or without
  638  consideration, as it may determine:
  639         (a) Dedicate, sell, convey, or lease any of its property to
  640  a housing authority or the Federal Government.;
  641         (b) Cause parks;, playgrounds;, recreational, community,
  642  educational, water, sewer, or drainage facilities; commercial
  643  projects that allow access to essential commercial goods and
  644  services for persons of low income residing in housing projects;
  645  or any other works, which it is otherwise empowered to
  646  undertake, to be furnished adjacent to or in connection with
  647  housing projects.;
  648         (c) Furnish, dedicate, close, pave, install, grade,
  649  regrade, plan, or replan streets, roads, roadways, alleys,
  650  sidewalks, or other places which it is otherwise empowered to
  651  undertake.;
  652         (d) Plan, or replan, zone, or rezone any part of such state
  653  public body; make exceptions from building regulations and
  654  ordinances; and, with respect to any city or town, also may
  655  change its map.;
  656         (e) Enter into agreements, which may extend over any
  657  period, notwithstanding any provision or rule of law to the
  658  contrary, with a housing authority or the Federal Government
  659  respecting action to be taken by such state public body pursuant
  660  to any of the powers granted by this chapter.;
  661         (f) Do any and all things, necessary or convenient to aid
  662  and cooperate in the planning, undertaking, construction, or
  663  operation of such housing projects.;
  664         (g) Purchase or legally invest in any of the debentures of
  665  a housing authority and exercise all of the rights of any holder
  666  of such debentures.;
  667         (h) Not require any changes to be made in a housing project
  668  or the manner of its construction or take any other action
  669  relating to such construction with respect to any housing
  670  project which a housing authority has acquired or taken over
  671  from the Federal Government and which the housing authority by
  672  resolution has found and declared to have been constructed in a
  673  manner that will promote the public interest and afford
  674  necessary safety, sanitation, and other protection., no state
  675  public body shall require any changes to be made in the housing
  676  project or the manner of its construction or take any other
  677  action relating to such construction;
  678         (i) Incur the entire expense of In connection with any
  679  public improvements made by the a state public body in
  680  exercising the powers herein granted, such state public body may
  681  incur the entire expense thereof.
  682         (2) Any law or statute to the contrary notwithstanding, any
  683  sale, conveyance, lease, or agreement provided for in this
  684  section may be made by a state public body without appraisal,
  685  public notice, advertisement, or public bidding.
  686         Section 16. Section 423.01, Florida Statutes, is amended to
  687  read:
  688         423.01 Finding and declaration of property of tax exemption
  689  for housing authorities.—It has been found and declared in the
  690  Housing Authorities Law and the Housing Cooperation Law that:
  691         (1) There exist in the state housing conditions that which
  692  constitute a menace to the health, safety, morals, and welfare
  693  of the residents of the state;
  694         (2) These conditions necessitate excessive and
  695  disproportionate expenditures of public funds for crime
  696  prevention and punishment, public health, welfare and safety,
  697  fire and accident prevention, and other public services and
  698  facilities;
  699         (3) The public interest requires the remedying of these
  700  conditions by the creation of housing authorities to undertake
  701  projects for the slum clearance of blighted areas and for
  702  providing safe and sanitary dwelling accommodations and access
  703  to essential commercial goods and services necessary for daily
  704  living for persons who lack sufficient income to enable them to
  705  live in decent, safe, and sanitary dwellings without
  706  overcrowding; and
  707         (4) Facilities made available by housing authorities to
  708  provide access to essential commercial goods and services
  709  necessary for daily living for persons of low income residing in
  710  housing projects are a critical component of those housing
  711  projects and constitute a public use and a governmental
  712  function; and
  713         (5)(4) Such housing projects, including all property of a
  714  housing authority used for or in connection therewith or
  715  appurtenant thereto and all property used to provide access to
  716  essential commercial goods and services necessary for daily
  717  living for persons of low income residing in such housing
  718  projects, are exclusively for public uses and municipal purposes
  719  and not for profit, and are governmental functions of state
  720  concern. As a matter of legislative determination, it is found
  721  and declared that the property and debentures of a housing
  722  authority are of such character as may be exempt from taxation.
  723         Section 17. Section 423.02, Florida Statutes, is amended to
  724  read:
  725         423.02 Housing projects exempted from taxes and
  726  assessments; payments in lieu thereof.—The housing projects,
  727  including all property of housing authorities used for or in
  728  connection therewith or appurtenant thereto, of housing
  729  authorities are shall be exempt from all taxes and special
  730  assessments of the state or any city, town, county, or political
  731  subdivision of the state., provided, However, that in lieu of
  732  such taxes or special assessments, a housing authority may agree
  733  to make payments to any city, town, county, or political
  734  subdivision of the state for services, improvements, or
  735  facilities furnished by such city, town, county, or political
  736  subdivision for the benefit of a housing project owned by the
  737  housing authority, but in no event shall such payments may not
  738  exceed the estimated cost to such city, town, county or
  739  political subdivision of the services, improvements, or
  740  facilities to be so furnished by the city, town, county, or
  741  political subdivision of the state. This section does not exempt
  742  the activities or property of a person who provides essential
  743  commercial goods and services. However, the real property of a
  744  housing authority that is used to provide access to essential
  745  commercial goods and services under this chapter is exempt from
  746  ad valorem taxes and special assessments.
  747         Section 18. Paragraph (f) of subsection (1) of section
  748  893.13, Florida Statutes, is amended to read:
  749         893.13 Prohibited acts; penalties.—
  750         (1)
  751         (f) Except as authorized by this chapter, a person may not
  752  sell, manufacture, or deliver, or possess with intent to sell,
  753  manufacture, or deliver, a controlled substance in, on, or
  754  within 1,000 feet of the real property comprising a public
  755  housing facility at any time. As used in this section, the term
  756  “real property comprising a public housing facility” means real
  757  property, as defined in s. 421.03(14) 421.03(12), of a public
  758  corporation created as a housing authority pursuant to part I of
  759  chapter 421. A person who violates this paragraph with respect
  760  to:
  761         1. A controlled substance named or described in s.
  762  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  763  commits a felony of the first degree, punishable as provided in
  764  s. 775.082, s. 775.083, or s. 775.084.
  765         2. A controlled substance named or described in s.
  766  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  767  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  768  the second degree, punishable as provided in s. 775.082, s.
  769  775.083, or s. 775.084.
  770         3. Any other controlled substance, except as lawfully sold,
  771  manufactured, or delivered, must be sentenced to pay a $500 fine
  772  and to serve 100 hours of public service in addition to any
  773  other penalty prescribed by law.
  774         Section 19. This act shall take effect July 1, 2015.
  777  ================= T I T L E  A M E N D M E N T ================
  778  And the title is amended as follows:
  779         Delete everything before the enacting clause
  780  and insert:
  781                        A bill to be entitled                      
  782         An act relating to housing for low-income persons;
  783         amending s. 421.02, F.S.; revising the legislative
  784         declaration of necessity; amending s. 421.03, F.S.;
  785         redefining terms; defining the terms “blighted” and
  786         “essential commercial goods and services”; amending s.
  787         421.04, F.S.; prohibiting a housing authority from
  788         applying to the Federal Government to seize projects,
  789         units, or vouchers of another established housing
  790         authority; amending s. 421.05, F.S.; prohibiting
  791         specified additional compensation for authority
  792         commissioners; amending s. 421.06, F.S.; prohibiting
  793         commissioners or employees from acquiring interests in
  794         certain commercial projects; requiring commissioners
  795         or employees to disclose interests in commercial
  796         projects under certain circumstances; amending s.
  797         421.08, F.S.; revising the powers of an authority;
  798         requiring that revenue received by a housing authority
  799         from certain commercial projects be used for
  800         affordable housing; conforming a cross-reference;
  801         amending s. 421.09, F.S.; conforming a cross
  802         reference; amending s. 421.091, F.S.; requiring a full
  803         financial accounting and audit of public housing
  804         agencies to be submitted to the Federal Government
  805         pursuant to certain requirements; exempting housing
  806         authorities from specified reporting requirements;
  807         amending s. 421.21, F.S.; revising legislative intent;
  808         creating s. 421.281, F.S.; creating consolidated
  809         housing authorities subject to certain requirements
  810         and restrictions; specifying the area of operation of
  811         a consolidated housing authority; providing for the
  812         appointment of commissioners subject to certain
  813         requirements and restrictions; providing that a
  814         majority of the commissioners constitutes a quorum;
  815         specifying the powers and duties of a consolidated
  816         housing authority and the commissioners thereof;
  817         amending s. 421.32, F.S.; conforming provisions to
  818         changes made by the act; conforming a cross-reference;
  819         amending s. 421.321, F.S.; conforming provisions to
  820         changes made by the act; amending s. 421.33, F.S.;
  821         conforming provisions to changes made by the act;
  822         amending s. 422.02, F.S.; providing a finding that
  823         there is a lack of access to certain essential
  824         commercial goods and services; amending s. 422.04,
  825         F.S.; authorizing state public bodies to provide or
  826         cause to be provided commercial projects that allow
  827         access to certain essential commercial goods and
  828         services; amending s. 423.01, F.S.; providing a
  829         finding that certain projects for the clearance of
  830         blighted areas and access to essential commercial
  831         goods and services are required; providing a finding
  832         that facilities made available by housing authorities
  833         to provide access to essential commercial goods and
  834         services are a critical component for housing projects
  835         and constitute a public use and governmental function;
  836         providing a finding that certain property used to
  837         provide access to essential commercial goods and
  838         services is exclusively for public uses and municipal
  839         purposes; amending s. 423.02, F.S.; providing that the
  840         activities or property of a person who provides
  841         essential commercial goods and services is not exempt
  842         from certain taxes and special assessments; exempting
  843         real property of a housing authority which is used to
  844         provide access to essential commercial goods and
  845         services from ad valorem taxes and special
  846         assessments; amending s. 893.13, F.S.; conforming a
  847         cross-reference; providing an effective date.