Florida Senate - 2022                                    SB 1170
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01160-22                                           20221170__
    1                        A bill to be entitled                      
    2         An act relating to state housing assistance programs;
    3         amending s. 381.0081, F.S.; revising the distribution
    4         of certain proceeds from the sale of certain seized
    5         migrant labor camp or residential migrant housing
    6         property; amending s. 420.507, F.S.; removing powers
    7         of the Florida Housing Finance Corporation to develop
    8         and administer the State Apartment Incentive Loan
    9         Program; repealing s. 420.5087, F.S., relating to the
   10         State Apartment Incentive Loan Program; providing for
   11         continuation of existing loans under the program;
   12         repealing s. 420.5095, F.S., relating to the Community
   13         Workforce Housing Loan Program; amending s. 420.9071,
   14         F.S.; conforming provisions to changes made by the
   15         act; amending s. 420.9072, F.S.; renaming the State
   16         Housing Initiatives Partnership Program as the State
   17         Housing Initiatives Partnership Block Grant Program;
   18         removing municipalities from eligibility under the
   19         program; providing that the corporation shall
   20         distribute moneys appropriated by the Legislature for
   21         the program, rather than distribute moneys in the
   22         Local Government Housing Trust Fund; authorizing
   23         participating counties to make subgrants to their
   24         municipalities according to interlocal agreements;
   25         revising counties’ authorized uses of local housing
   26         distributions relating to rent subsidies; conforming
   27         provisions to changes made by the act; amending s.
   28         420.9073, F.S.; revising eligible counties and
   29         distribution calculations under the State Housing
   30         Initiatives Partnership Block Grant Program; revising
   31         the guaranteed amount for each state fiscal year;
   32         conforming provisions to changes made by the act;
   33         amending s. 420.9075, F.S.; revising criteria for the
   34         use of funds awarded to eligible sponsors or eligible
   35         persons under the program; conforming provisions to
   36         changes made by the act; amending ss. 193.018, 212.08,
   37         220.03, 220.183, 420.503, 420.5061, 420.5088, 420.511,
   38         420.517, 420.531, 420.628, 420.9076, 420.9089, and
   39         624.5105, F.S.; conforming provisions to changes made
   40         by the act; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Paragraphs (b) and (c) of subsection (5) of
   45  section 381.0081, Florida Statutes, are amended to read:
   46         381.0081 Permit required to operate a migrant labor camp or
   47  residential migrant housing; penalties for unlawful
   48  establishment or operation; allocation of proceeds.—
   49         (5) SEIZURE.—
   50         (b) After satisfying any liens on the property, the
   51  remaining proceeds from the sale of the property seized under
   52  this section shall be allocated as follows if the department
   53  participated in the inspection or investigation leading to
   54  seizure and forfeiture under this section:
   55         1. One-third of the proceeds shall be allocated to the law
   56  enforcement agency involved in the seizure, to be used as
   57  provided in s. 932.7055.
   58         2. One-third of the proceeds shall be allocated to the
   59  department, to be used for purposes of enforcing the provisions
   60  of this section.
   61         3. One-third of the proceeds shall be deposited in the
   62  State Housing Trust Fund State Apartment Incentive Loan Fund, to
   63  be used for the purpose of providing funds to sponsors who
   64  provide housing for farmworkers.
   65         (c) After satisfying any liens on the property, the
   66  remaining proceeds from the sale of the property seized under
   67  this section shall be allocated equally between the law
   68  enforcement agency involved in the seizure and the State Housing
   69  Trust Fund State Apartment Incentive Loan Fund if the department
   70  did not participate in the inspection or investigation leading
   71  to seizure and forfeiture.
   72         Section 2. Subsection (22) and present subsection (48) of
   73  section 420.507, Florida Statutes, are amended to read:
   74         420.507 Powers of the corporation.—The corporation shall
   75  have all the powers necessary or convenient to carry out and
   76  effectuate the purposes and provisions of this part, including
   77  the following powers which are in addition to all other powers
   78  granted by other provisions of this part:
   79         (22) To develop and administer the State Apartment
   80  Incentive Loan Program. In developing and administering that
   81  program, the corporation may:
   82         (a) Make first, second, and other subordinated mortgage
   83  loans including variable or fixed rate loans subject to
   84  contingent interest for all State Apartment Incentive Loans
   85  provided in this chapter based upon available cash flow of the
   86  projects. The corporation shall make loans exceeding 25 percent
   87  of project cost only to nonprofit organizations and public
   88  bodies that are able to secure grants, donations of land, or
   89  contributions from other sources and to projects meeting the
   90  criteria of subparagraph 1. Mortgage loans shall be made
   91  available at the following rates of interest:
   92         1. Zero to 3 percent interest for sponsors of projects that
   93  set aside at least 80 percent of their total units for residents
   94  qualifying as farmworkers, commercial fishing workers, the
   95  homeless as defined in s. 420.621, or persons with special needs
   96  as defined in s. 420.0004(13) over the life of the loan.
   97         2. Zero to 3 percent interest based on the pro rata share
   98  of units set aside for homeless residents or persons with
   99  special needs if the total of such units is less than 80 percent
  100  of the units in the borrower’s project.
  101         3. One to 9 percent interest for sponsors of projects
  102  targeted at populations other than farmworkers, commercial
  103  fishing workers, homeless persons, or persons with special
  104  needs.
  105         (b) Make loans exceeding 25 percent of project cost when
  106  the project serves extremely-low-income persons or projects as
  107  provided in paragraph (d).
  108         (c) Forgive indebtedness for a share of the loan
  109  attributable to the units in a project reserved for extremely
  110  low-income persons.
  111         (d) In counties or rural areas of counties that do not have
  112  existing units set aside for homeless persons, forgive
  113  indebtedness for loans provided to create permanent rental
  114  housing units for persons who are homeless, as defined in s.
  115  420.621, or for persons residing in time-limited transitional
  116  housing or institutions as a result of a lack of permanent,
  117  affordable housing. Such developments must be supported by a
  118  continuum of care developed under s. 420.6225, be developed by
  119  nonprofit applicants, be small properties as defined by
  120  corporation rule, and be a project in the local housing
  121  assistance continuum of care plan recognized by the State Office
  122  on Homelessness.
  123         (e) Geographically and demographically target the
  124  utilization of loans.
  125         (f) Underwrite credit, and reject projects which do not
  126  meet the established standards of the corporation.
  127         (g) Negotiate with governing bodies within the state after
  128  a loan has been awarded to obtain local government
  129  contributions.
  130         (h) Inspect any records of a sponsor at any time during the
  131  life of the loan or the agreed period for maintaining the
  132  provisions of s. 420.5087.
  133         (i) Establish, by rule, the procedure for competitively
  134  evaluating and selecting all applications for funding based on
  135  the criteria set forth in s. 420.5087(6)(c), determining actual
  136  loan amounts, making and servicing loans, and exercising the
  137  powers authorized in this subsection.
  138         (j) Establish a loan loss insurance reserve to be used to
  139  protect the outstanding program investment in case of a default,
  140  deed in lieu of foreclosure, or foreclosure of a program loan.
  141         (47)(48) To award its annual allocation of low-income
  142  housing tax credits and, nontaxable revenue bonds, and State
  143  Apartment Incentive Loan Program funds appropriated by the
  144  Legislature and available to allocate by request for proposals
  145  or other competitive solicitation. The corporation shall reserve
  146  up to 5 percent of each allocation for high-priority affordable
  147  housing projects, such as housing to support economic
  148  development and job-creation initiatives, housing for veterans
  149  and their families, and other special needs populations in
  150  communities throughout the state as determined by the
  151  corporation on an annual basis. The corporation shall reserve an
  152  additional 5 percent of each allocation for affordable housing
  153  projects that target persons who have a disabling condition, as
  154  defined in s. 420.0004, and their families. These allocations
  155  must prioritize projects or initiatives piloting or
  156  demonstrating cost-effective best practices that meet the
  157  housing needs and preferences of such persons. Any tax credits
  158  or funds not allocated because of a lack of eligible projects
  159  targeting persons who have a disabling condition shall be
  160  distributed by the corporation for high-priority housing
  161  projects.
  162         Section 3. Section 420.5087, Florida Statutes, is repealed.
  163         Section 4. Any existing loans made under the State
  164  Apartment Incentive Loan Program pursuant to s. 420.5087,
  165  Florida Statutes, must continue for the duration of the loan
  166  period and continue to be subject to s. 420.5087, Florida
  167  Statutes, and other related laws as existing on June 30, 2022.
  168         Section 5. Section 420.5095, Florida Statutes, is repealed.
  169         Section 6. Subsections (1) through (4), (9), and (10) and
  170  present subsections (11), (16), (17), (19), (26), and (27) of
  171  section 420.9071, Florida Statutes, are amended to read:
  172         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  173  term:
  174         (1) “Adjusted for family size” means adjusted in a manner
  175  that results in an income eligibility level that is lower for
  176  households having fewer than four people, or higher for
  177  households having more than four people, than the base income
  178  eligibility determined as provided in subsection (19) (20),
  179  subsection (20) (21), or subsection (29) (30), based upon a
  180  formula established by the United States Department of Housing
  181  and Urban Development.
  182         (2) “Affordable” means that monthly rents or monthly
  183  mortgage payments including taxes and insurance do not exceed 30
  184  percent of that amount which represents the percentage of the
  185  median annual gross income for the households as indicated in
  186  subsection (19) (20), subsection (20) (21), or subsection (29)
  187  (30). However, it is not the intent to limit an individual
  188  household’s ability to devote more than 30 percent of its income
  189  for housing, and housing for which a household devotes more than
  190  30 percent of its income shall be deemed affordable if the first
  191  institutional mortgage lender is satisfied that the household
  192  can afford mortgage payments in excess of the 30 percent
  193  benchmark. The term also includes housing provided by a not-for
  194  profit corporation that derives at least 75 percent of its
  195  annual revenues from contracts or services provided to a state
  196  or federal agency for low-income persons and low-income
  197  households; that provides supportive housing for persons who
  198  suffer from mental health issues, substance abuse, or domestic
  199  violence; and that provides on-premises social and community
  200  support services relating to job training, life skills training,
  201  alcohol and substance abuse disorders, child care, and client
  202  case management.
  203         (3) “Affordable housing advisory committee” means the
  204  committee appointed by the governing body of a county or
  205  eligible municipality for the purpose of recommending specific
  206  initiatives and incentives to encourage or facilitate affordable
  207  housing as provided in s. 420.9076.
  208         (4) “Annual gross income” means annual income as defined
  209  under the Section 8 housing assistance payments programs in 24
  210  C.F.R. part 5; annual income as reported under the census long
  211  form for the recent available decennial census; or adjusted
  212  gross income as defined for purposes of reporting under Internal
  213  Revenue Service Form 1040 for individual federal annual income
  214  tax purposes or as defined by standard practices used in the
  215  lending industry as detailed in the local housing assistance
  216  plan and approved by the corporation. Counties and eligible
  217  municipalities shall calculate income by annualizing verified
  218  sources of income for the household as the amount of income to
  219  be received in a household during the 12 months following the
  220  effective date of the determination.
  221         (9) “Eligible housing” means any real and personal property
  222  located within the county or the eligible municipality which is
  223  designed and intended for the primary purpose of providing
  224  decent, safe, and sanitary residential units that are designed
  225  to meet the standards of the Florida Building Code or previous
  226  building codes adopted under chapter 553, or manufactured
  227  housing constructed after June 1994 and installed in accordance
  228  with the installation standards for mobile or manufactured homes
  229  contained in rules of the Department of Highway Safety and Motor
  230  Vehicles, for home ownership or rental for eligible persons as
  231  designated by each county or eligible municipality participating
  232  in the State Housing Initiatives Partnership Block Grant
  233  Program.
  234         (10) “Eligible municipality” means a municipality that is
  235  eligible for federal community development block grant
  236  entitlement moneys as an entitlement community identified in 24
  237  C.F.R. s. 570, subpart D, Entitlement Grants, or a
  238  nonentitlement municipality that is receiving local housing
  239  distribution funds under an interlocal agreement that provides
  240  for possession and administrative control of funds to be
  241  transferred to the nonentitlement municipality. An eligible
  242  municipality that defers its participation in community
  243  development block grants does not affect its eligibility for
  244  participation in the State Housing Initiatives Partnership
  245  Program.
  246         (10)(11) “Eligible person” or “eligible household” means
  247  one or more natural persons or a family determined by the county
  248  or eligible municipality to be of very low income, low income,
  249  or moderate income according to the income limits adjusted to
  250  family size published annually by the United States Department
  251  of Housing and Urban Development based upon the annual gross
  252  income of the household.
  253         (15)(16) “Local housing assistance strategies” means the
  254  housing construction, rehabilitation, repair, or finance program
  255  implemented by a participating county or eligible municipality
  256  with the local housing distribution or other funds deposited
  257  into the local housing assistance trust fund.
  258         (16)(17) “Local housing distributions” means the proceeds
  259  of the taxes collected under chapter 201 deposited into the
  260  Local Government Housing Trust Fund and distributed to counties
  261  and eligible municipalities participating in the State Housing
  262  Initiatives Partnership Block Grant Program pursuant to s.
  263  420.9073.
  264         (18)(19) “Local housing partnership” means the
  265  implementation of the local housing assistance plan in a manner
  266  that involves the applicable county or eligible municipality,
  267  lending institutions, housing builders and developers, real
  268  estate professionals, advocates for low-income persons,
  269  community-based housing and service organizations, and providers
  270  of professional services relating to affordable housing. The
  271  term includes initiatives to provide support services for
  272  housing program beneficiaries such as training to prepare
  273  persons for the responsibility of homeownership, counseling of
  274  tenants, and the establishing of support services such as day
  275  care, health care, and transportation.
  276         (25)(26) “Program income” means the proceeds derived from
  277  interest earned on or investment of the local housing
  278  distribution and other funds deposited into the local housing
  279  assistance trust fund, proceeds from loan repayments, recycled
  280  funds, and all other income derived from use of funds deposited
  281  in the local housing assistance trust fund. It does not include
  282  recaptured funds as defined in subsection (27).
  283         (26)(27) “Recaptured funds” means funds that are recouped
  284  by a county or eligible municipality in accordance with the
  285  recapture provisions of its local housing assistance plan
  286  pursuant to s. 420.9075(5)(e) s. 420.9075(5)(j) from eligible
  287  persons or eligible sponsors, which funds were not used for
  288  assistance to an eligible household for an eligible activity,
  289  when there is a default on the terms of a grant award or loan
  290  award.
  291         Section 7. Section 420.9072, Florida Statutes, is amended
  292  to read:
  293         420.9072 State Housing Initiatives Partnership Block Grant
  294  Program.—The State Housing Initiatives Partnership Block Grant
  295  Program is created for the purpose of providing funds to
  296  counties and eligible municipalities as an incentive for the
  297  creation of local housing partnerships, to expand production of
  298  and preserve affordable housing, to further the housing element
  299  of the local government comprehensive plan specific to
  300  affordable housing, and to increase housing-related employment.
  301         (1)(a) In addition to the legislative findings set forth in
  302  s. 420.6015, the Legislature finds that affordable housing is
  303  most effectively provided by combining available public and
  304  private resources to conserve and improve existing housing and
  305  provide new housing for very-low-income households, low-income
  306  households, and moderate-income households. The Legislature
  307  intends to encourage partnerships in order to secure the
  308  benefits of cooperation by the public and private sectors and to
  309  reduce the cost of housing for the target group by effectively
  310  combining all available resources and cost-saving measures. The
  311  Legislature further intends that local governments achieve this
  312  combination of resources by encouraging active partnerships
  313  between government, lenders, builders and developers, real
  314  estate professionals, advocates for low-income persons, and
  315  community groups to produce affordable housing and provide
  316  related services. Extending the partnership concept to encompass
  317  cooperative efforts among small counties as defined in s.
  318  120.52(19), and among counties and municipalities is
  319  specifically encouraged. Local governments are also intended to
  320  establish an affordable housing advisory committee to recommend
  321  monetary and nonmonetary incentives for affordable housing as
  322  provided in s. 420.9076.
  323         (b) The Legislature further intends that the State Housing
  324  Initiatives Partnership Block Grant Program provide the maximum
  325  flexibility to local governments to determine the use of funds
  326  for housing programs while ensuring accountability for the
  327  efficient use of public resources and guaranteeing that benefits
  328  are provided to those in need.
  329         (2)(a) To be eligible to receive funds under the program, a
  330  county or eligible municipality must:
  331         1. Submit to the corporation its local housing assistance
  332  plan describing the local housing assistance strategies
  333  established pursuant to s. 420.9075;
  334         2. Within 12 months after adopting the local housing
  335  assistance plan, amend the plan to incorporate the local housing
  336  incentive strategies defined in s. 420.9071 s. 420.9071(18) and
  337  described in s. 420.9076; and
  338         3. Within 24 months after adopting the amended local
  339  housing assistance plan to incorporate the local housing
  340  incentive strategies, amend its land development regulations or
  341  establish local policies and procedures, as necessary, to
  342  implement the local housing incentive strategies adopted by the
  343  local governing body. A county or an eligible municipality that
  344  has adopted a housing incentive strategy pursuant to s. 420.9076
  345  before the effective date of this act shall review the status of
  346  implementation of the plan according to its adopted schedule for
  347  implementation and report its findings in the annual report
  348  required by s. 420.9075(10). If, as a result of the review, a
  349  county or an eligible municipality determines that the
  350  implementation is complete and in accordance with its schedule,
  351  no further action is necessary. If a county or an eligible
  352  municipality determines that implementation according to its
  353  schedule is not complete, it must amend its land development
  354  regulations or establish local policies and procedures, as
  355  necessary, to implement the housing incentive plan within 12
  356  months after the effective date of this act, or if extenuating
  357  circumstances prevent implementation within 12 months, pursuant
  358  to s. 420.9075(13), enter into an extension agreement with the
  359  corporation.
  360         (b) A county or an eligible municipality seeking approval
  361  to receive its share of the local housing distribution must
  362  adopt an ordinance containing the following provisions:
  363         1. Creation of a local housing assistance trust fund as
  364  described in s. 420.9075(6).
  365         2. Adoption by resolution of a local housing assistance
  366  plan as defined in s. 420.9071 s. 420.9071(15) to be implemented
  367  through a local housing partnership as defined in s. 420.9071 s.
  368  420.9071(19).
  369         3. Designation of the responsibility for the administration
  370  of the local housing assistance plan. Such ordinance may also
  371  provide for the contracting of all or part of the administrative
  372  or other functions of the program to a third person or entity.
  373         4. Creation of the affordable housing advisory committee as
  374  provided in s. 420.9076.
  375  
  376  The ordinance must not take effect until at least 30 days after
  377  the date of formal adoption. Ordinances in effect prior to the
  378  effective date of amendments to this section shall be amended as
  379  needed to conform to new provisions.
  380         (3)(a) The governing board of the county or of an eligible
  381  municipality must submit to the corporation one copy of its
  382  local housing assistance plan. The transmittal of the plan must
  383  include a copy of the ordinance, the adopting resolution, the
  384  local housing assistance plan, and such other information as the
  385  corporation requires by rule; however, information to be
  386  included in the plan is intended to demonstrate consistency with
  387  the requirements of ss. 420.907-420.9079 and corporation rule
  388  without posing an undue burden on the local government. Plans
  389  shall be reviewed by a committee composed of corporation staff
  390  as established by corporation rule.
  391         (b) Within 45 days after receiving a plan, the review
  392  committee shall review the plan and either approve it or
  393  identify inconsistencies with the requirements of the program.
  394  The corporation shall assist a local government in revising its
  395  plan if it initially proves to be inconsistent with program
  396  requirements. A plan that is revised by the local government to
  397  achieve consistency with program requirements shall be reviewed
  398  within 45 days after submission. The deadlines for submitting
  399  original and revised plans shall be established by corporation
  400  rule; however, the corporation shall not require submission of a
  401  new local housing assistance plan to implement amendments to
  402  this act until the currently effective plan expires.
  403         (c) The Legislature intends that approval of plans be
  404  expedited to ensure that the production of needed housing and
  405  the related creation of jobs occur as quickly as possible. After
  406  being approved for funding, a local government may amend by
  407  resolution its local housing assistance plan if the plan as
  408  amended complies with program requirements; however, a local
  409  government must submit its amended plan for review according to
  410  the process established in this subsection in order to ensure
  411  continued consistency with the requirements of the State Housing
  412  Initiatives Partnership Block Grant Program.
  413         (4) Moneys appropriated by the Legislature for the program
  414  in the Local Government Housing Trust Fund shall be distributed
  415  by the corporation to each approved county and eligible
  416  municipality within the county as provided in s. 420.9073.
  417  Distributions shall be allocated to The participating county may
  418  make subgrants to a and to each eligible municipality within the
  419  county according to an interlocal agreement between the county
  420  governing authority and the governing body of the eligible
  421  municipality or, if there is no interlocal agreement, according
  422  to population. The portion for each eligible municipality is
  423  computed by multiplying the total moneys earmarked for a county
  424  by a fraction, the numerator of which is the population of the
  425  eligible municipality and the denominator of which is the total
  426  population of the county. The remaining revenues shall be
  427  distributed to the governing body of the county.
  428         (5)(a) Local governments are encouraged to make the most
  429  efficient use of their resources by cooperating to provide
  430  affordable housing assistance. Local governments may enter into
  431  an interlocal agreement for the purpose of establishing a joint
  432  local housing assistance plan subject to the requirements of ss.
  433  420.907-420.9079. The local housing distributions for such
  434  counties and eligible municipalities shall be directly disbursed
  435  on a monthly basis to each county or eligible municipality to be
  436  administered in conformity with the interlocal agreement
  437  providing for a joint local housing assistance plan.
  438         (b) If a county or eligible municipality enters into an
  439  interlocal agreement with a municipality that becomes eligible
  440  as a result of entering into that interlocal agreement, the
  441  county or eligible municipality that has agreed to transfer the
  442  control of funds to a municipality that was not originally
  443  eligible must ensure through its local housing assistance plan
  444  and through the interlocal agreement that all program funds are
  445  used in a manner consistent with ss. 420.907-420.9079. This must
  446  be accomplished by:
  447         1. Providing that the use of the portion of funds
  448  transferred to the municipality meets all requirements of ss.
  449  420.907-420.9079, or
  450         2. Providing that the use of the portion of funds
  451  transferred to the municipality, when taken in combination with
  452  the use of the local housing distribution from which funds were
  453  transferred, meets all requirements of ss. 420.907-420.9079.
  454         (6) The moneys that otherwise would be distributed pursuant
  455  to s. 420.9073 to a local government that does not meet the
  456  program’s requirements for receipts of such distributions shall
  457  remain in the Local Government Housing Trust Fund to be
  458  administered by the corporation.
  459         (7)(a) A county or an eligible municipality must expend its
  460  portion of the local housing distribution only to implement a
  461  local housing assistance plan or as provided in this subsection.
  462         (b) A county or an eligible municipality may not expend its
  463  portion of the local housing distribution to provide ongoing
  464  rent subsidies, including for the following except for:
  465         1. Security and utility deposit assistance.
  466         2. Eviction prevention not to exceed 6 months’ rent.
  467         3. A rent subsidy program for very-low-income households
  468  with at least one adult who is a person with special needs as
  469  defined in s. 420.0004 or homeless as defined in s. 420.621. The
  470  period of rental assistance may not exceed 12 months for any
  471  eligible household.
  472         4.A housing choice voucher program to assist eligible
  473  households seeking workforce housing or very-low-income
  474  households, the elderly, or persons with special needs to afford
  475  decent, safe, and sanitary housing in the private market.
  476         (8) Funds distributed under this program may not be pledged
  477  to pay the debt service on any bonds.
  478         (9) The corporation shall adopt rules necessary to
  479  implement ss. 420.907-420.9079.
  480         Section 8. Section 420.9073, Florida Statutes, is amended
  481  to read:
  482         420.9073 Local housing distributions.—
  483         (1) Distributions calculated in this section shall be
  484  disbursed on a quarterly or more frequent basis by the
  485  corporation pursuant to s. 420.9072, subject to availability of
  486  funds. Each county’s share of the funds to be distributed from
  487  the portion of the funds appropriated annually for the State
  488  Housing Initiatives Partnership Block Grant Program in the Local
  489  Government Housing Trust Fund received pursuant to s.
  490  201.15(4)(c) shall be calculated by the corporation for each
  491  fiscal year as follows:
  492         (a) Each county other than a county that has implemented
  493  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  494  86-152, and 89-252, Laws of Florida, shall receive the
  495  guaranteed amount for each fiscal year.
  496         (b) Each county other than a county that has implemented
  497  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  498  86-152, and 89-252, Laws of Florida, may receive an additional
  499  share calculated as follows:
  500         1. Multiply each county’s percentage of the total state
  501  population excluding the population of any county that has
  502  implemented chapter 83-220, Laws of Florida, as amended by
  503  chapters 84-270, 86-152, and 89-252, Laws of Florida, by the
  504  total funds to be distributed.
  505         2. If the result in subparagraph 1. is less than the
  506  guaranteed amount as determined in subsection (2) (3), that
  507  county’s additional share shall be zero.
  508         3. For each county in which the result in subparagraph 1.
  509  is greater than the guaranteed amount as determined in
  510  subsection (2) (3), the amount calculated in subparagraph 1.
  511  shall be reduced by the guaranteed amount. The result for each
  512  such county shall be expressed as a percentage of the amounts so
  513  determined for all counties. Each such county shall receive an
  514  additional share equal to such percentage multiplied by the
  515  total funds received by the Local Government Housing Trust Fund
  516  pursuant to s. 201.15(4)(c) reduced by the guaranteed amount
  517  paid to all counties.
  518         (2) Distributions calculated in this section shall be
  519  disbursed on a quarterly or more frequent basis by the
  520  corporation pursuant to s. 420.9072, subject to availability of
  521  funds. Each county’s share of the funds to be distributed from
  522  the portion of the funds in the Local Government Housing Trust
  523  Fund received pursuant to s. 201.15(4)(d) shall be calculated by
  524  the corporation for each fiscal year as follows:
  525         (a) Each county shall receive the guaranteed amount for
  526  each fiscal year.
  527         (b) Each county may receive an additional share calculated
  528  as follows:
  529         1. Multiply each county’s percentage of the total state
  530  population, by the total funds to be distributed.
  531         2. If the result in subparagraph 1. is less than the
  532  guaranteed amount as determined in subsection (3), that county’s
  533  additional share shall be zero.
  534         3. For each county in which the result in subparagraph 1.
  535  is greater than the guaranteed amount, the amount calculated in
  536  subparagraph 1. shall be reduced by the guaranteed amount. The
  537  result for each such county shall be expressed as a percentage
  538  of the amounts so determined for all counties. Each such county
  539  shall receive an additional share equal to this percentage
  540  multiplied by the total funds received by the Local Government
  541  Housing Trust Fund pursuant to s. 201.15(4)(d) as reduced by the
  542  guaranteed amount paid to all counties.
  543         (3) Calculation of guaranteed amounts:
  544         (a) The guaranteed amount under subsection (1) shall be
  545  calculated for each state fiscal year is $500,000 by multiplying
  546  $350,000 by a fraction, the numerator of which is the amount of
  547  funds distributed to the Local Government Housing Trust Fund
  548  pursuant to s. 201.15(4)(c) and the denominator of which is the
  549  total amount of funds distributed to the Local Government
  550  Housing Trust Fund pursuant to s. 201.15.
  551         (b) The guaranteed amount under subsection (2) shall be
  552  calculated for each state fiscal year by multiplying $350,000 by
  553  a fraction, the numerator of which is the amount of funds
  554  distributed to the Local Government Housing Trust Fund pursuant
  555  to s. 201.15(4)(d) and the denominator of which is the total
  556  amount of funds distributed to the Local Government Housing
  557  Trust Fund pursuant to s. 201.15.
  558         (3)(4) Funds distributed pursuant to this section may not
  559  be pledged to pay debt service on any bonds.
  560         (4)(5) Notwithstanding subsections (1), (2), and (3) (1)
  561  (4), the corporation may withhold up to $5 million of the total
  562  amount distributed each fiscal year from the Local Government
  563  Housing Trust Fund to provide additional funding to counties and
  564  eligible municipalities where a state of emergency has been
  565  declared by the Governor pursuant to chapter 252. Any portion of
  566  the withheld funds not distributed by the end of the fiscal year
  567  shall be distributed as provided in subsection (1) subsections
  568  (1) and (2).
  569         (5)(6) Notwithstanding subsections (1), (2), and (3) (1)
  570  (4), the corporation may withhold up to $5 million from the
  571  total amount distributed each fiscal year from the Local
  572  Government Housing Trust Fund to provide funding to counties and
  573  eligible municipalities to purchase properties subject to a
  574  State Housing Initiatives Initiative Partnership Block Grant
  575  Program lien and on which foreclosure proceedings have been
  576  initiated by any mortgagee. Each county and eligible
  577  municipality that receives funds under this subsection shall
  578  repay such funds to the corporation not later than the
  579  expenditure deadline for the fiscal year in which the funds were
  580  awarded. Amounts not repaid shall be withheld from the
  581  subsequent year’s distribution. Any portion of such funds not
  582  distributed under this subsection by the end of the fiscal year
  583  shall be distributed as provided in subsection (1) subsections
  584  (1) and (2).
  585         (6)(7) A county receiving local housing distributions under
  586  this section which or an eligible municipality that receives
  587  local housing distributions under an interlocal agreement shall
  588  expend those funds in accordance with the provisions of ss.
  589  420.907-420.9079, rules of the corporation, and the county’s
  590  local housing assistance plan.
  591         Section 9. Section 420.9075, Florida Statutes, is amended
  592  to read:
  593         420.9075 Local housing assistance plans; partnerships.—
  594         (1)(a) Each county or eligible municipality participating
  595  in the State Housing Initiatives Partnership Block Grant Program
  596  shall develop and implement a local housing assistance plan
  597  created to make affordable residential units available to
  598  persons of very low income, low income, or moderate income and
  599  to persons who have special housing needs, including, but not
  600  limited to, homeless people, the elderly, migrant farmworkers,
  601  and persons with disabilities. Counties or eligible
  602  municipalities may include strategies to assist persons and
  603  households having annual incomes of not more than 140 percent of
  604  area median income. The plans are intended to increase the
  605  availability of affordable residential units by combining local
  606  resources and cost-saving measures into a local housing
  607  partnership and using private and public funds to reduce the
  608  cost of housing.
  609         (b) Local housing assistance plans may allocate funds to:
  610         1. Implement local housing assistance strategies for the
  611  provision of affordable housing.
  612         2. Supplement funds available to the corporation to provide
  613  enhanced funding of state housing programs within the county or
  614  the eligible municipality.
  615         3. Provide the local matching share of federal affordable
  616  housing grants or programs.
  617         4. Fund emergency repairs, including, but not limited to,
  618  repairs performed by existing service providers under
  619  weatherization assistance programs under ss. 409.509-409.5093.
  620         5. Further the housing element of the local government
  621  comprehensive plan adopted pursuant to s. 163.3184, specific to
  622  affordable housing.
  623         (2)(a) Each county and each eligible municipality
  624  participating in the State Housing Initiatives Partnership Block
  625  Grant Program shall encourage the involvement of appropriate
  626  public sector and private sector entities as partners in order
  627  to combine resources to reduce housing costs for the targeted
  628  population. This partnership process should involve:
  629         1. Lending institutions.
  630         2. Housing builders and developers.
  631         3. Nonprofit and other community-based housing and service
  632  organizations.
  633         4. Providers of professional services relating to
  634  affordable housing.
  635         5. Advocates for low-income persons, including, but not
  636  limited to, homeless people, the elderly, and migrant
  637  farmworkers.
  638         6. Real estate professionals.
  639         7. Other persons or entities who can assist in providing
  640  housing or related support services.
  641         8. Lead agencies of local homeless assistance continuums of
  642  care.
  643         (b) The specific participants in partnership activities may
  644  vary according to the community’s resources and the nature of
  645  the local housing assistance plan.
  646         (3)(a) Each local housing assistance plan shall include a
  647  definition of essential service personnel for the county or
  648  eligible municipality, including, but not limited to, teachers
  649  and educators, other school district, community college, and
  650  university employees, police and fire personnel, health care
  651  personnel, skilled building trades personnel, and other job
  652  categories.
  653         (b) Each county and each eligible municipality is
  654  encouraged to develop a strategy within its local housing
  655  assistance plan that emphasizes the recruitment and retention of
  656  essential service personnel. The local government is encouraged
  657  to involve public and private sector employers. Compliance with
  658  the eligibility criteria established under this strategy shall
  659  be verified by the county or eligible municipality.
  660         (c) Each county and each eligible municipality is
  661  encouraged to develop a strategy within its local housing
  662  assistance plan that addresses the needs of persons who are
  663  deprived of affordable housing due to the closure of a mobile
  664  home park or the conversion of affordable rental units to
  665  condominiums.
  666         (d) Each county and each eligible municipality shall
  667  describe initiatives in the local housing assistance plan to
  668  encourage or require innovative design, green building
  669  principles, storm-resistant construction, or other elements that
  670  reduce long-term costs relating to maintenance, utilities, or
  671  insurance.
  672         (e) Each county and each eligible municipality is
  673  encouraged to develop a strategy within its local housing
  674  assistance plan which provides program funds for the
  675  preservation of assisted housing.
  676         (f) Each county and each eligible municipality is
  677  encouraged to develop a strategy within its local housing
  678  assistance plan which provides program funds for reducing
  679  homelessness.
  680         (g) Local governments may create regional partnerships
  681  across jurisdictional boundaries through the pooling of
  682  appropriated funds to address homeless housing needs identified
  683  in local housing assistance plans.
  684         (4) Each local housing assistance plan is governed by the
  685  following criteria and administrative procedures:
  686         (a) Each county, eligible municipality, or entity formed
  687  through interlocal agreement to participate in the State Housing
  688  Initiatives Partnership Block Grant Program must develop a
  689  qualification system and selection criteria for applications for
  690  awards by eligible sponsors, adopt criteria for the selection of
  691  eligible persons, and adopt a maximum award schedule or system
  692  of amounts consistent with the intent and budget of its local
  693  housing assistance plan, with ss. 420.907-420.9079, and with
  694  corporation rule.
  695         (b) The county or eligible municipality or its
  696  administrative representative shall advertise the notice of
  697  funding availability in a newspaper of general circulation and
  698  periodicals serving ethnic and diverse neighborhoods, at least
  699  30 days before the beginning of the application period. If no
  700  funding is available due to a waiting list, no notice of funding
  701  availability is required.
  702         (c) In accordance with the provisions of ss. 760.20-760.37,
  703  it is unlawful to discriminate on the basis of race, creed,
  704  religion, color, age, sex, marital status, familial status,
  705  national origin, or handicap in the award application process
  706  for eligible housing.
  707         (d) As a condition of receipt of an award, the eligible
  708  sponsor or eligible person must contractually commit to comply
  709  with the affordable housing criteria provided under ss. 420.907
  710  420.9079 applicable to the affordable housing objective of the
  711  award. The plan criteria adopted by the county or eligible
  712  municipality must prescribe the contractual obligations required
  713  to ensure compliance with award conditions.
  714         (e) The staff or entity that has administrative authority
  715  for implementing a local housing assistance plan assisting
  716  rental developments shall annually monitor and determine tenant
  717  eligibility or, to the extent another governmental entity or
  718  corporation program provides periodic monitoring and
  719  determination, a municipality, county, or local housing
  720  financing authority may rely on such monitoring and
  721  determination of tenant eligibility. However, any loan or grant
  722  in the original amount of $10,000 or less is not subject to
  723  these annual monitoring and determination of tenant eligibility
  724  requirements.
  725         (5) The following criteria apply to awards made to eligible
  726  sponsors or eligible persons for the purpose of providing
  727  eligible housing:
  728         (a) At least 65 percent of the funds made available in each
  729  county and eligible municipality from the local housing
  730  distribution must be reserved for home ownership for eligible
  731  persons.
  732         (b) Up to 25 percent of the funds made available in each
  733  county and eligible municipality from the local housing
  734  distribution may be reserved for rental housing for eligible
  735  persons or for the purposes enumerated in s. 420.9072(7)(b).
  736         (c) At least 75 percent of the funds made available in each
  737  county and eligible municipality from the local housing
  738  distribution must be reserved for construction, rehabilitation,
  739  or emergency repair of affordable, eligible housing.
  740         (d) Each local government must use a minimum of 20 percent
  741  of its local housing distribution to serve persons with special
  742  needs as defined in s. 420.0004. A local government must certify
  743  that it will meet this requirement through existing approved
  744  strategies in the local housing assistance plan or submit a new
  745  local housing assistance plan strategy for this purpose to the
  746  corporation for approval to ensure that the plan meets this
  747  requirement. The first priority of these special needs funds
  748  must be to serve persons with developmental disabilities as
  749  defined in s. 393.063, with an emphasis on home modifications,
  750  including technological enhancements and devices, which will
  751  allow homeowners to remain independent in their own homes and
  752  maintain their homeownership.
  753         (e) Not more than 20 percent of the funds made available in
  754  each county and eligible municipality from the local housing
  755  distribution may be used for manufactured housing.
  756         (f) The sales price or value of new or existing eligible
  757  housing may not exceed 90 percent of the average area purchase
  758  price in the statistical area in which the eligible housing is
  759  located. Such average area purchase price may be that calculated
  760  for any 12-month period beginning not earlier than the fourth
  761  calendar year prior to the year in which the award occurs or as
  762  otherwise established by the United States Department of the
  763  Treasury.
  764         (b)(g)1. All units constructed, rehabilitated, or otherwise
  765  assisted with the funds provided from the local housing
  766  assistance trust fund must be occupied by very-low-income
  767  persons, low-income persons, and moderate-income persons except
  768  as otherwise provided in this section.
  769         2. At least 30 percent of the funds deposited into the
  770  local housing assistance trust fund must be reserved for awards
  771  to very-low-income persons or eligible sponsors who will serve
  772  very-low-income persons, and at least an additional 30 percent
  773  of the funds deposited into the local housing assistance trust
  774  fund must be reserved for awards to low-income persons or
  775  eligible sponsors who will serve low-income persons.
  776         (c)(h) Loans shall be provided for periods not exceeding 30
  777  years, except for deferred payment loans or loans that extend
  778  beyond 30 years which continue to serve eligible persons.
  779         (d)(i) Loans or grants for eligible rental housing
  780  constructed, rehabilitated, or otherwise assisted from the local
  781  housing assistance trust fund must be subject to recapture
  782  requirements as provided by the county or eligible municipality
  783  in its local housing assistance plan unless reserved for
  784  eligible persons for 15 years or the term of the assistance,
  785  whichever period is longer. Eligible sponsors that offer rental
  786  housing for sale before 15 years or that have remaining
  787  mortgages funded under this program must give a first right of
  788  refusal to eligible nonprofit organizations for purchase at the
  789  current market value for continued occupancy by eligible
  790  persons.
  791         (e)(j) Loans or grants for eligible owner-occupied housing
  792  constructed, rehabilitated, or otherwise assisted from proceeds
  793  provided from the local housing assistance trust fund shall be
  794  subject to recapture requirements as provided by the county or
  795  eligible municipality in its local housing assistance plan.
  796         (f)(k) The total amount of monthly mortgage payments or the
  797  amount of monthly rent charged by the eligible sponsor or her or
  798  his designee must be made affordable.
  799         (g)(l) The maximum sales price or value per unit and the
  800  maximum award per unit for eligible housing benefiting from
  801  awards made pursuant to this section must be established in the
  802  local housing assistance plan.
  803         (h)(m) The benefit of assistance provided through the State
  804  Housing Initiatives Partnership Block Grant Program must accrue
  805  to eligible persons occupying eligible housing. This provision
  806  shall not be construed to prohibit use of the local housing
  807  distribution funds for a mixed income rental development.
  808         (i)(n) Funds may from the local housing distribution not
  809  used to meet the criteria established in paragraph (a) or
  810  paragraph (c) or not used for the administration of a local
  811  housing assistance plan must be used for housing production and
  812  finance activities, including, but not limited to, financing
  813  preconstruction activities or the purchase of existing units,
  814  providing rental housing, and providing home ownership training
  815  to prospective home buyers and owners of homes assisted through
  816  the local housing assistance plan.
  817         1. Notwithstanding the provisions of paragraphs (a) and
  818  (c), Program income as defined in s. 420.9071 s. 420.9071(26)
  819  may also be used to fund activities described in this paragraph.
  820         2. When preconstruction due-diligence activities conducted
  821  as part of a preservation strategy show that preservation of the
  822  units is not feasible and will not result in the production of
  823  an eligible unit, such costs shall be deemed a program expense
  824  rather than an administrative expense if such program expenses
  825  do not exceed 3 percent of the annual local housing
  826  distribution.
  827         3. If both an award under the local housing assistance plan
  828  and federal low-income housing tax credits are used to assist a
  829  project and there is a conflict between the criteria prescribed
  830  in this subsection and the requirements of s. 42 of the Internal
  831  Revenue Code of 1986, as amended, the county or eligible
  832  municipality may resolve the conflict by giving precedence to
  833  the requirements of s. 42 of the Internal Revenue Code of 1986,
  834  as amended, in lieu of following the criteria prescribed in this
  835  subsection with the exception of paragraphs (a) and (b) (g) of
  836  this subsection.
  837         4. Each county and each eligible municipality may award
  838  funds as a grant for construction, rehabilitation, or repair as
  839  part of disaster recovery or emergency repairs or to remedy
  840  accessibility or health and safety deficiencies. Any other
  841  grants must be approved as part of the local housing assistance
  842  plan.
  843         (6) Each county or eligible municipality receiving local
  844  housing distribution moneys shall establish and maintain a local
  845  housing assistance trust fund. All moneys of a county or an
  846  eligible municipality received from its share of the local
  847  housing distribution, program income, recaptured funds, and
  848  other funds received or budgeted to implement the local housing
  849  assistance plan shall be deposited into the trust fund; however,
  850  local housing distribution moneys used to match federal HOME
  851  program moneys may be repaid to the HOME program fund if
  852  required by federal law or regulations. Expenditures other than
  853  for the administration and implementation of the local housing
  854  assistance plan may not be made from the fund.
  855         (7) The moneys deposited in the local housing assistance
  856  trust fund shall be used to administer and implement the local
  857  housing assistance plan. The cost of administering the plan may
  858  not exceed 5 percent of the local housing distribution moneys
  859  and program income deposited into the trust fund. A county or an
  860  eligible municipality may not exceed the 5-percent limitation on
  861  administrative costs, unless its governing body finds, by
  862  resolution, that 5 percent of the local housing distribution
  863  plus 5 percent of program income is insufficient to adequately
  864  pay the necessary costs of administering the local housing
  865  assistance plan. The cost of administering the program may not
  866  exceed 10 percent of the local housing distribution plus 5
  867  percent of program income deposited into the trust fund, except
  868  that small counties, as defined in s. 120.52(19), and eligible
  869  municipalities receiving a local housing distribution of up to
  870  $350,000 may use up to 10 percent of program income for
  871  administrative costs.
  872         (8) Pursuant to s. 420.531, the corporation shall provide
  873  training and technical assistance to local governments regarding
  874  the creation of partnerships, the design of local housing
  875  assistance strategies, the implementation of local housing
  876  incentive strategies, and the provision of support services.
  877         (9) The corporation shall monitor the activities of local
  878  governments to determine compliance with program requirements
  879  and shall collect data on the operation and achievements of
  880  housing partnerships.
  881         (10) Each county or eligible municipality shall submit to
  882  the corporation by September 15 of each year a report of its
  883  affordable housing programs and accomplishments through June 30
  884  immediately preceding submittal of the report. The report shall
  885  be certified as accurate and complete by the local government’s
  886  chief elected official or his or her designee. Transmittal of
  887  the annual report by a county’s or eligible municipality’s chief
  888  elected official, or his or her designee, certifies that the
  889  local housing incentive strategies, or, if applicable, the local
  890  housing incentive plan, have been implemented or are in the
  891  process of being implemented pursuant to the adopted schedule
  892  for implementation. The report must include, but is not limited
  893  to:
  894         (a) The number of households served by income category,
  895  age, family size, and race, and data regarding any special needs
  896  populations such as farmworkers, homeless persons, persons with
  897  disabilities, and the elderly. Counties shall report this
  898  information separately for households served in the
  899  unincorporated area and each municipality within the county.
  900         (b) The number of units and the average cost of producing
  901  units under each local housing assistance strategy.
  902         (c) The average area purchase price of single-family units
  903  and the amount of rent charged for a rental unit based on unit
  904  size.
  905         (d) By income category, the number of mortgages made, the
  906  average mortgage amount, and the rate of default.
  907         (e) A description of the status of implementation of each
  908  local housing incentive strategy, or if applicable, the local
  909  housing incentive plan as set forth in the local government’s
  910  adopted schedule for implementation.
  911         (f) A concise description of the support services that are
  912  available to the residents of affordable housing provided by
  913  local programs.
  914         (g) The sales price or value of housing produced and an
  915  accounting of what percentage was financed by the local housing
  916  distribution, other public moneys, and private resources.
  917         (h) Such other data or affordable housing accomplishments
  918  considered significant by the reporting county or eligible
  919  municipality or by the corporation.
  920         (i) A description of efforts to reduce homelessness.
  921         (j) The number of affordable housing applications
  922  submitted, the number approved, and the number denied.
  923         (11) The report shall be made available by the county or
  924  eligible municipality for public inspection and comment prior to
  925  certifying the report and transmitting it to the corporation.
  926  The county or eligible municipality shall provide notice of the
  927  availability of the proposed report and solicit public comment.
  928  The notice must state the public place where a copy of the
  929  proposed report can be obtained by interested persons. Members
  930  of the public may submit written comments on the report to the
  931  county or eligible municipality and the corporation. Written
  932  public comments shall identify the author by name, address, and
  933  interest affected. The county or eligible municipality shall
  934  attach a copy of all such written comments and its responses to
  935  the annual report submitted to the corporation.
  936         (12) The corporation shall review the report of each county
  937  or eligible municipality and any written comments from the
  938  public and include any comments concerning the effectiveness of
  939  local programs in the report required by s. 420.511.
  940         (13)(a) If, as a result of the review of the annual report
  941  or public comment and written response from the county or
  942  eligible municipality, or at any other time, the corporation
  943  determines that a county or eligible municipality may have
  944  established a pattern of violation of the criteria for a local
  945  housing assistance plan established under ss. 420.907-420.9079
  946  or that an eligible sponsor or eligible person has violated the
  947  applicable award conditions, the corporation shall report such
  948  pattern of violation of criteria or violation of award
  949  conditions to its compliance monitoring agent and the Executive
  950  Office of the Governor. The corporation’s compliance monitoring
  951  agent must determine within 60 days whether the county or
  952  eligible municipality has violated program criteria and shall
  953  issue a written report thereon. If a violation has occurred, the
  954  distribution of program funds to the county or eligible
  955  municipality must be suspended until the violation is corrected.
  956         (b) If, as a result of its review of the annual report, the
  957  corporation determines that a county or eligible municipality
  958  has failed to implement a local housing incentive strategy, or,
  959  if applicable, a local housing incentive plan, it shall send a
  960  notice of termination of the local government’s share of the
  961  local housing distribution by certified mail to the affected
  962  county or eligible municipality.
  963         1. The notice must specify a date of termination of the
  964  funding if the affected county or eligible municipality does not
  965  implement the plan or strategy and provide for a local response.
  966  A county or eligible municipality shall respond to the
  967  corporation within 30 days after receipt of the notice of
  968  termination.
  969         2. The corporation shall consider the local response that
  970  extenuating circumstances precluded implementation and grant an
  971  extension to the timeframe for implementation. Such an extension
  972  shall be made in the form of an extension agreement that
  973  provides a timeframe for implementation. The chief elected
  974  official of a county or eligible municipality or his or her
  975  designee shall have the authority to enter into the agreement on
  976  behalf of the local government.
  977         3. If the county or the eligible municipality has not
  978  implemented the incentive strategy or entered into an extension
  979  agreement by the termination date specified in the notice, the
  980  local housing distribution share terminates, and any uncommitted
  981  local housing distribution funds held by the affected county or
  982  eligible municipality in its local housing assistance trust fund
  983  shall be transferred to the Local Government Housing Trust Fund
  984  to the credit of the corporation to administer.
  985         4.a. If the affected local government fails to meet the
  986  timeframes specified in the agreement, the corporation shall
  987  terminate funds. The corporation shall send a notice of
  988  termination of the local government’s share of the local housing
  989  distribution by certified mail to the affected local government.
  990  The notice shall specify the termination date, and any
  991  uncommitted funds held by the affected local government shall be
  992  transferred to the Local Government Housing Trust Fund to the
  993  credit of the corporation to administer.
  994         b. If the corporation terminates funds to a county, but an
  995  eligible municipality receiving a local housing distribution
  996  pursuant to an interlocal agreement maintains compliance with
  997  program requirements, the corporation shall thereafter
  998  distribute directly to the participating eligible municipality
  999  its share calculated in the manner provided in ss. 420.9072 and
 1000  420.9073.
 1001         c. Any county or eligible municipality whose local
 1002  distribution share has been terminated may subsequently elect to
 1003  receive directly its local distribution share by adopting the
 1004  ordinance, resolution, and local housing assistance plan in the
 1005  manner and according to the procedures provided in ss. 420.907
 1006  420.9079.
 1007         (14) If the corporation determines that a county or
 1008  eligible municipality has expended program funds for an
 1009  ineligible activity, the corporation shall require such funds to
 1010  be repaid to the local housing assistance trust fund. Such
 1011  repayment may not be made with funds from the State Housing
 1012  Initiatives Partnership Block Grant Program.
 1013         Section 10. Subsection (2) of section 193.018, Florida
 1014  Statutes, is amended to read:
 1015         193.018 Land owned by a community land trust used to
 1016  provide affordable housing; assessment; structural improvements,
 1017  condominium parcels, and cooperative parcels.—
 1018         (2) A community land trust may convey structural
 1019  improvements, condominium parcels, or cooperative parcels, that
 1020  are located on specific parcels of land that are identified by a
 1021  legal description contained in and subject to a ground lease
 1022  having a term of at least 99 years, for the purpose of providing
 1023  affordable housing to natural persons or families who meet the
 1024  extremely-low-income, very-low-income, low-income, or moderate
 1025  income limits specified in s. 420.0004, or the income limits for
 1026  workforce housing, as defined in s. 420.5095(3). As used in this
 1027  subsection, the term “workforce housing” means housing
 1028  affordable to natural persons or families whose total annual
 1029  household income does not exceed 80 percent of the area median
 1030  income, adjusted for household size, or 120 percent of area
 1031  median income, adjusted for household size, in areas of critical
 1032  state concern designated under s. 380.05, for which the
 1033  Legislature has declared its intent to provide affordable
 1034  housing, and areas that were designated as areas of critical
 1035  state concern for at least 20 consecutive years before removal
 1036  of the designation. A community land trust shall retain a
 1037  preemptive option to purchase any structural improvements,
 1038  condominium parcels, or cooperative parcels on the land at a
 1039  price determined by a formula specified in the ground lease
 1040  which is designed to ensure that the structural improvements,
 1041  condominium parcels, or cooperative parcels remain affordable.
 1042         Section 11. Paragraphs (g) and (r) of subsection (5) of
 1043  section 212.08, Florida Statutes, are amended to read:
 1044         212.08 Sales, rental, use, consumption, distribution, and
 1045  storage tax; specified exemptions.—The sale at retail, the
 1046  rental, the use, the consumption, the distribution, and the
 1047  storage to be used or consumed in this state of the following
 1048  are hereby specifically exempt from the tax imposed by this
 1049  chapter.
 1050         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1051         (g) Building materials used in the rehabilitation of real
 1052  property located in an enterprise zone.—
 1053         1. Building materials used in the rehabilitation of real
 1054  property located in an enterprise zone are exempt from the tax
 1055  imposed by this chapter upon an affirmative showing to the
 1056  satisfaction of the department that the items have been used for
 1057  the rehabilitation of real property located in an enterprise
 1058  zone. Except as provided in subparagraph 2., this exemption
 1059  inures to the owner, lessee, or lessor at the time the real
 1060  property is rehabilitated, but only through a refund of
 1061  previously paid taxes. To receive a refund pursuant to this
 1062  paragraph, the owner, lessee, or lessor of the rehabilitated
 1063  real property must file an application under oath with the
 1064  governing body or enterprise zone development agency having
 1065  jurisdiction over the enterprise zone where the business is
 1066  located, as applicable. A single application for a refund may be
 1067  submitted for multiple, contiguous parcels that were part of a
 1068  single parcel that was divided as part of the rehabilitation of
 1069  the property. All other requirements of this paragraph apply to
 1070  each parcel on an individual basis. The application must
 1071  include:
 1072         a. The name and address of the person claiming the refund.
 1073         b. An address and assessment roll parcel number of the
 1074  rehabilitated real property for which a refund of previously
 1075  paid taxes is being sought.
 1076         c. A description of the improvements made to accomplish the
 1077  rehabilitation of the real property.
 1078         d. A copy of a valid building permit issued by the county
 1079  or municipal building department for the rehabilitation of the
 1080  real property.
 1081         e. A sworn statement, under penalty of perjury, from the
 1082  general contractor licensed in this state with whom the
 1083  applicant contracted to make the improvements necessary to
 1084  rehabilitate the real property, which lists the building
 1085  materials used to rehabilitate the real property, the actual
 1086  cost of the building materials, and the amount of sales tax paid
 1087  in this state on the building materials. If a general contractor
 1088  was not used, the applicant, not a general contractor, shall
 1089  make the sworn statement required by this sub-subparagraph.
 1090  Copies of the invoices that evidence the purchase of the
 1091  building materials used in the rehabilitation and the payment of
 1092  sales tax on the building materials must be attached to the
 1093  sworn statement provided by the general contractor or by the
 1094  applicant. Unless the actual cost of building materials used in
 1095  the rehabilitation of real property and the payment of sales
 1096  taxes is documented by a general contractor or by the applicant
 1097  in this manner, the cost of the building materials is deemed to
 1098  be an amount equal to 40 percent of the increase in assessed
 1099  value for ad valorem tax purposes.
 1100         f. The identifying number assigned pursuant to s. 290.0065
 1101  to the enterprise zone in which the rehabilitated real property
 1102  is located.
 1103         g. A certification by the local building code inspector
 1104  that the improvements necessary to rehabilitate the real
 1105  property are substantially completed.
 1106         h. A statement of whether the business is a small business
 1107  as defined by s. 288.703.
 1108         i. If applicable, the name and address of each permanent
 1109  employee of the business, including, for each employee who is a
 1110  resident of an enterprise zone, the identifying number assigned
 1111  pursuant to s. 290.0065 to the enterprise zone in which the
 1112  employee resides.
 1113         2. This exemption inures to a municipality, county, other
 1114  governmental unit or agency, or nonprofit community-based
 1115  organization through a refund of previously paid taxes if the
 1116  building materials used in the rehabilitation are paid for from
 1117  the funds of a community development block grant, State Housing
 1118  Initiatives Partnership Block Grant Program, or similar grant or
 1119  loan program. To receive a refund, a municipality, county, other
 1120  governmental unit or agency, or nonprofit community-based
 1121  organization must file an application that includes the same
 1122  information required in subparagraph 1. In addition, the
 1123  application must include a sworn statement signed by the chief
 1124  executive officer of the municipality, county, other
 1125  governmental unit or agency, or nonprofit community-based
 1126  organization seeking a refund which states that the building
 1127  materials for which a refund is sought were funded by a
 1128  community development block grant, State Housing Initiatives
 1129  Partnership Block Grant Program, or similar grant or loan
 1130  program.
 1131         3. Within 10 working days after receipt of an application,
 1132  the governing body or enterprise zone development agency shall
 1133  review the application to determine if it contains all the
 1134  information required by subparagraph 1. or subparagraph 2. and
 1135  meets the criteria set out in this paragraph. The governing body
 1136  or agency shall certify all applications that contain the
 1137  required information and are eligible to receive a refund. If
 1138  applicable, the governing body or agency shall also certify if
 1139  20 percent of the employees of the business are residents of an
 1140  enterprise zone, excluding temporary and part-time employees.
 1141  The certification must be in writing, and a copy of the
 1142  certification shall be transmitted to the executive director of
 1143  the department. The applicant is responsible for forwarding a
 1144  certified application to the department within the time
 1145  specified in subparagraph 4.
 1146         4. An application for a refund must be submitted to the
 1147  department within 6 months after the rehabilitation of the
 1148  property is deemed to be substantially completed by the local
 1149  building code inspector or by November 1 after the rehabilitated
 1150  property is first subject to assessment.
 1151         5. Only one exemption through a refund of previously paid
 1152  taxes for the rehabilitation of real property is permitted for
 1153  any single parcel of property unless there is a change in
 1154  ownership, a new lessor, or a new lessee of the real property. A
 1155  refund may not be granted unless the amount to be refunded
 1156  exceeds $500. A refund may not exceed the lesser of 97 percent
 1157  of the Florida sales or use tax paid on the cost of the building
 1158  materials used in the rehabilitation of the real property as
 1159  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
 1160  at least 20 percent of the employees of the business are
 1161  residents of an enterprise zone, excluding temporary and part
 1162  time employees, the amount of refund may not exceed the lesser
 1163  of 97 percent of the sales tax paid on the cost of the building
 1164  materials or $10,000. A refund shall be made within 30 days
 1165  after formal approval by the department of the application for
 1166  the refund.
 1167         6. The department shall adopt rules governing the manner
 1168  and form of refund applications and may establish guidelines as
 1169  to the requisites for an affirmative showing of qualification
 1170  for exemption under this paragraph.
 1171         7. The department shall deduct an amount equal to 10
 1172  percent of each refund granted under this paragraph from the
 1173  amount transferred into the Local Government Half-cent Sales Tax
 1174  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 1175  which the rehabilitated real property is located and shall
 1176  transfer that amount to the General Revenue Fund.
 1177         8. For the purposes of the exemption provided in this
 1178  paragraph, the term:
 1179         a. “Building materials” means tangible personal property
 1180  that becomes a component part of improvements to real property.
 1181         b. “Real property” has the same meaning as provided in s.
 1182  192.001(12), except that the term does not include a condominium
 1183  parcel or condominium property as defined in s. 718.103.
 1184         c. “Rehabilitation of real property” means the
 1185  reconstruction, renovation, restoration, rehabilitation,
 1186  construction, or expansion of improvements to real property.
 1187         d. “Substantially completed” has the same meaning as
 1188  provided in s. 192.042(1).
 1189         9. This paragraph expires on the date specified in s.
 1190  290.016 for the expiration of the Florida Enterprise Zone Act.
 1191         (r) Building materials, the rental of tangible personal
 1192  property, and pest control services used in new construction
 1193  located in a rural area of opportunity.—
 1194         1. As used in this paragraph, the term:
 1195         a. “Building materials” means tangible personal property
 1196  that becomes a component part of improvements to real property.
 1197         b. “Exempt goods and services” means building materials,
 1198  the rental of tangible personal property, and pest control
 1199  services used in new construction.
 1200         c. “New construction” means improvements to real property
 1201  which did not previously exist. The term does not include the
 1202  reconstruction, renovation, restoration, rehabilitation,
 1203  modification, alteration, or expansion of buildings already
 1204  located on the parcel on which the new construction is built.
 1205         d. “Pest control” has the same meaning as in s. 482.021.
 1206         e. “Real property” has the same meaning as provided in s.
 1207  192.001, but does not include a condominium parcel or
 1208  condominium property as defined in s. 718.103.
 1209         f. “Substantially completed” has the same meaning as in s.
 1210  192.042(1).
 1211         2. Building materials, the rental of tangible personal
 1212  property, and pest control services used in new construction
 1213  located in a rural area of opportunity, as designated by the
 1214  Governor pursuant to s. 288.0656, are exempt from the tax
 1215  imposed by this chapter if an owner, lessee, or lessor can
 1216  demonstrate to the satisfaction of the department that the
 1217  requirements of this paragraph have been met. Except as provided
 1218  in subparagraph 3., this exemption inures to the owner, lessee,
 1219  or lessor at the time the new construction occurs, but only
 1220  through a refund of previously paid taxes. To receive a refund
 1221  pursuant to this paragraph, the owner, lessee, or lessor of the
 1222  new construction must file an application under oath with the
 1223  Department of Economic Opportunity. The application must include
 1224  all of the following:
 1225         a. The name and address of the person claiming the refund.
 1226         b. An address and assessment roll parcel number of the real
 1227  property that was improved by the new construction for which a
 1228  refund of previously paid taxes is being sought.
 1229         c. A description of the new construction.
 1230         d. A copy of a valid building permit issued by the county
 1231  or municipal building department for the new construction.
 1232         e. A sworn statement, under penalty of perjury, from the
 1233  general contractor licensed in this state with whom the
 1234  applicant contracted to build the new construction, which
 1235  specifies the exempt goods and services, the actual cost of the
 1236  exempt goods and services, and the amount of sales tax paid in
 1237  this state on the exempt goods and services, and which states
 1238  that the improvement to the real property was new construction.
 1239  If a general contractor was not used, the applicant shall make
 1240  the sworn statement required by this sub-subparagraph. Copies of
 1241  the invoices evidencing the actual cost of the exempt goods and
 1242  services and the amount of sales tax paid on such goods and
 1243  services must be attached to the sworn statement provided by the
 1244  general contractor or by the applicant. If copies of such
 1245  invoices are not attached, the cost of the exempt goods and
 1246  services is deemed to be an amount equal to 40 percent of the
 1247  increase in assessed value of the property for ad valorem tax
 1248  purposes.
 1249         f. A certification by the local building code inspector
 1250  that the new construction is substantially completed and is new
 1251  construction.
 1252         3. The exemption under this paragraph inures to a
 1253  municipality, county, other governmental unit or agency, or
 1254  nonprofit community-based organization through a refund of
 1255  previously paid taxes if the exempt goods and services are paid
 1256  for from the funds of a community development block grant, the
 1257  State Housing Initiatives Partnership Block Grant Program, or a
 1258  similar grant or loan program. To receive a refund, a
 1259  municipality, county, other governmental unit or agency, or
 1260  nonprofit community-based organization must file an application
 1261  that includes the same information required under subparagraph
 1262  2. In addition, the application must include a sworn statement
 1263  signed by the chief executive officer of the municipality,
 1264  county, other governmental unit or agency, or nonprofit
 1265  community-based organization seeking a refund which states that
 1266  the exempt goods and services for which a refund is sought were
 1267  funded by a community development block grant, the State Housing
 1268  Initiatives Partnership Block Grant Program, or a similar grant
 1269  or loan program.
 1270         4. Within 10 working days after receiving an application,
 1271  the Department of Economic Opportunity shall review the
 1272  application to determine whether it contains all of the
 1273  information required by subparagraph 2. or subparagraph 3., as
 1274  appropriate, and meets the criteria set out in this paragraph.
 1275  The Department of Economic Opportunity shall certify all
 1276  applications that contain the required information and are
 1277  eligible to receive a refund. The certification must be in
 1278  writing and a copy must be transmitted by the Department of
 1279  Economic Opportunity to the executive director of the
 1280  department. The applicant is responsible for forwarding a
 1281  certified application to the department within the period
 1282  specified in subparagraph 5.
 1283         5. An application for a refund must be submitted to the
 1284  department within 6 months after the new construction is deemed
 1285  to be substantially completed by the local building code
 1286  inspector or by November 1 after the improved property is first
 1287  subject to assessment.
 1288         6. Only one exemption through a refund of previously paid
 1289  taxes for the new construction may be claimed for any single
 1290  parcel of property unless there is a change in ownership, a new
 1291  lessor, or a new lessee of the real property. A refund may not
 1292  be granted unless the amount to be refunded exceeds $500. A
 1293  refund may not exceed the lesser of 97.5 percent of the Florida
 1294  sales or use tax paid on the cost of the exempt goods and
 1295  services as determined pursuant to sub-subparagraph 2.e. or
 1296  $10,000. The department shall issue a refund within 30 days
 1297  after it formally approves a refund application.
 1298         7. The department shall deduct 10 percent of each refund
 1299  amount granted under this paragraph from the amount transferred
 1300  into the Local Government Half-cent Sales Tax Clearing Trust
 1301  Fund pursuant to s. 212.20 for the county area in which the new
 1302  construction is located and shall transfer that amount to the
 1303  General Revenue Fund.
 1304         8. The department may adopt rules governing the manner and
 1305  format of refund applications and may establish guidelines as to
 1306  the requisites for an affirmative showing of qualification for
 1307  exemption under this paragraph.
 1308         9. This exemption does not apply to improvements for which
 1309  construction began before July 1, 2017.
 1310         Section 12. Paragraph (t) of subsection (1) of section
 1311  220.03, Florida Statutes, is amended to read:
 1312         220.03 Definitions.—
 1313         (1) SPECIFIC TERMS.—When used in this code, and when not
 1314  otherwise distinctly expressed or manifestly incompatible with
 1315  the intent thereof, the following terms shall have the following
 1316  meanings:
 1317         (t) “Project” means any activity undertaken by an eligible
 1318  sponsor, as defined in s. 220.183(2)(c), which is designed to
 1319  construct, improve, or substantially rehabilitate housing that
 1320  is affordable to low-income or very-low-income households as
 1321  defined in s. 420.9071(19) and (29) s. 420.9071(20) and (30);
 1322  designed to provide housing opportunities for persons with
 1323  special needs as defined in s. 420.0004; designed to provide
 1324  commercial, industrial, or public resources and facilities; or
 1325  designed to improve entrepreneurial and job-development
 1326  opportunities for low-income persons. A project may be the
 1327  investment necessary to increase access to high-speed broadband
 1328  capability in a rural community that had an enterprise zone
 1329  designated pursuant to chapter 290 as of May 1, 2015, including
 1330  projects that result in improvements to communications assets
 1331  that are owned by a business. A project may include the
 1332  provision of museum educational programs and materials that are
 1333  directly related to any project approved between January 1,
 1334  1996, and December 31, 1999, and located in an area that was in
 1335  an enterprise zone designated pursuant to s. 290.0065 as of May
 1336  1, 2015. This paragraph does not preclude projects that propose
 1337  to construct or rehabilitate low-income or very-low-income
 1338  housing on scattered sites or housing opportunities for persons
 1339  with special needs as defined in s. 420.0004. With respect to
 1340  housing, contributions may be used to pay the following eligible
 1341  project-related activities:
 1342         1. Project development, impact, and management fees for
 1343  special needs, low-income, or very-low-income housing projects;
 1344         2. Down payment and closing costs for eligible persons
 1345  described in s. 420.9071(19) or (29), as defined in s.
 1346  420.9071(20) and (30);
 1347         3. Administrative costs, including housing counseling and
 1348  marketing fees, not to exceed 10 percent of the community
 1349  contribution, directly related to special needs, low-income, or
 1350  very-low-income projects; and
 1351         4. Removal of liens recorded against residential property
 1352  by municipal, county, or special-district local governments when
 1353  satisfaction of the lien is a necessary precedent to the
 1354  transfer of the property to an eligible person described in s.
 1355  420.9071(19) or (29), as defined in s. 420.9071(20) and (30),
 1356  for the purpose of promoting home ownership. Contributions for
 1357  lien removal must be received from a nonrelated third party.
 1358         Section 13. Paragraphs (b) and (d) of subsection (2) of
 1359  section 220.183, Florida Statutes, are amended to read:
 1360         220.183 Community contribution tax credit.—
 1361         (2) ELIGIBILITY REQUIREMENTS.—
 1362         (b)1. All community contributions must be reserved
 1363  exclusively for use in projects as defined in s. 220.03(1)(t).
 1364         2. If, during the first 10 business days of the state
 1365  fiscal year, eligible tax credit applications for projects that
 1366  provide housing opportunities for persons with special needs as
 1367  defined in s. 420.0004 or homeownership opportunities for low
 1368  income or very-low-income households as defined in s.
 1369  420.9071(19) and (29) s. 420.9071(20) and (30) are received for
 1370  less than the annual tax credits available for those projects,
 1371  the Department of Economic Opportunity shall grant tax credits
 1372  for those applications and shall grant remaining tax credits on
 1373  a first-come, first-served basis for any subsequent eligible
 1374  applications received before the end of the state fiscal year.
 1375  If, during the first 10 business days of the state fiscal year,
 1376  eligible tax credit applications for projects that provide
 1377  housing opportunities for persons with special needs as defined
 1378  in s. 420.0004 or homeownership opportunities for low-income or
 1379  very-low-income households as defined in s. 420.9071(19) and
 1380  (29) s. 420.9071(20) and (30) are received for more than the
 1381  annual tax credits available for those projects, the Department
 1382  of Economic Opportunity shall grant the tax credits for those
 1383  applications as follows:
 1384         a. If tax credit applications submitted for approved
 1385  projects of an eligible sponsor do not exceed $200,000 in total,
 1386  the credit shall be granted in full if the tax credit
 1387  applications are approved.
 1388         b. If tax credit applications submitted for approved
 1389  projects of an eligible sponsor exceed $200,000 in total, the
 1390  amount of tax credits granted under sub-subparagraph a. shall be
 1391  subtracted from the amount of available tax credits, and the
 1392  remaining credits shall be granted to each approved tax credit
 1393  application on a pro rata basis.
 1394         3. If, during the first 10 business days of the state
 1395  fiscal year, eligible tax credit applications for projects other
 1396  than those that provide housing opportunities for persons with
 1397  special needs as defined in s. 420.0004 or homeownership
 1398  opportunities for low-income or very-low-income households as
 1399  defined in s. 420.9071(19) and (29) s. 420.9071(20) and (30) are
 1400  received for less than the annual tax credits available for
 1401  those projects, the Department of Economic Opportunity shall
 1402  grant tax credits for those applications and shall grant
 1403  remaining tax credits on a first-come, first-served basis for
 1404  any subsequent eligible applications received before the end of
 1405  the state fiscal year. If, during the first 10 business days of
 1406  the state fiscal year, eligible tax credit applications for
 1407  projects other than those that provide housing opportunities for
 1408  persons with special needs as defined in s. 420.0004 or
 1409  homeownership opportunities for low-income or very-low-income
 1410  households as defined in s. 420.9071(19) and (29) s.
 1411  420.9071(20) and (30) are received for more than the annual tax
 1412  credits available for those projects, the Department of Economic
 1413  Opportunity shall grant the tax credits for those applications
 1414  on a pro rata basis.
 1415         (d) The project shall be located in an area that was
 1416  designated as an enterprise zone pursuant to chapter 290 as of
 1417  May 1, 2015, or a Front Porch Florida Community. Any project
 1418  designed to construct or rehabilitate housing for low-income or
 1419  very-low-income households as defined in s. 420.9071(19) and
 1420  (29) s. 420.9071(20) and (30) or provide housing opportunities
 1421  for persons with special needs as defined in s. 420.0004 is
 1422  exempt from the area requirement of this paragraph. This section
 1423  does not preclude projects that propose to construct or
 1424  rehabilitate housing for low-income or very-low-income
 1425  households on scattered sites or provide housing opportunities
 1426  for persons with special needs. Any project designed to provide
 1427  increased access to high-speed broadband capabilities which
 1428  includes coverage of a rural enterprise zone may locate the
 1429  project’s infrastructure in any area of a rural county.
 1430         Section 14. Subsections (20) and (22) of section 420.503,
 1431  Florida Statutes, are amended to read:
 1432         420.503 Definitions.—As used in this part, the term:
 1433         (20) “Housing for the elderly” means, for purposes of s.
 1434  420.5087(3)(e), any nonprofit housing community that is financed
 1435  by a mortgage loan made or insured by the United States
 1436  Department of Housing and Urban Development under s. 202, s. 202
 1437  with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
 1438  National Housing Act, as amended, and that is subject to income
 1439  limitations established by the United States Department of
 1440  Housing and Urban Development, or any program funded by the
 1441  Rural Development Agency of the United States Department of
 1442  Agriculture and subject to income limitations established by the
 1443  United States Department of Agriculture. A project which
 1444  qualifies for an exemption under the Fair Housing Act as housing
 1445  for older persons as defined by s. 760.29(4) shall qualify as
 1446  housing for the elderly for purposes of s. 420.5087(3)(e) and
 1447  for purposes of any loans made pursuant to s. 420.508. In
 1448  addition, if the corporation adopts a qualified allocation plan
 1449  pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
 1450  other rules that prioritize projects targeting the elderly for
 1451  purposes of allocating tax credits pursuant to s. 420.5099 or
 1452  for purposes of the HOME program under s. 420.5089, a project
 1453  which qualifies for an exemption under the Fair Housing Act as
 1454  housing for older persons as defined by s. 760.29(4) shall
 1455  qualify as a project targeted for the elderly, if the project
 1456  satisfies the other requirements set forth in this part.
 1457         (22) “Loan,” for purposes of the State Apartment Incentive
 1458  Loan Program and HOME Investment Partnership Program, means any
 1459  direct loan or loan guaranty issued or backed by such funds.
 1460         Section 15. Section 420.5061, Florida Statutes, is amended
 1461  to read:
 1462         420.5061 Transfer of agency assets and liabilities.—The
 1463  corporation is the legal successor in all respects to the
 1464  agency, is obligated to the same extent as the agency under any
 1465  agreements existing on December 31, 1997, and is entitled to any
 1466  rights and remedies previously afforded the agency by law or
 1467  contract, including specifically the rights of the agency under
 1468  chapter 201 and part VI of chapter 159. Effective January 1,
 1469  1998, all references under Florida law to the agency are deemed
 1470  to mean the corporation. The corporation shall transfer to the
 1471  General Revenue Fund an amount which otherwise would have been
 1472  deducted as a service charge pursuant to s. 215.20(1) if the
 1473  Florida Housing Finance Corporation Fund established by s.
 1474  420.508(5), the State Apartment Incentive Loan Fund established
 1475  by former s. 420.5087(7), the Florida Homeownership Assistance
 1476  Fund established by s. 420.5088(4), the HOME Investment
 1477  Partnership Fund established by s. 420.5089(1), and the Housing
 1478  Predevelopment Loan Fund established by s. 420.525(1) were each
 1479  trust funds. For purposes of s. 112.313, the corporation is
 1480  deemed to be a continuation of the agency, and the provisions
 1481  thereof are deemed to apply as if the same entity remained in
 1482  place. Any employees of the agency and agency board members
 1483  covered by s. 112.313(9)(a)6. shall continue to be entitled to
 1484  the exemption in that subparagraph, notwithstanding being hired
 1485  by the corporation or appointed as board members of the
 1486  corporation.
 1487         Section 16. Subsections (1) and (2) of section 420.5088,
 1488  Florida Statutes, are amended to read:
 1489         420.5088 Florida Homeownership Assistance Program.—There is
 1490  created the Florida Homeownership Assistance Program for the
 1491  purpose of assisting low-income and moderate-income persons in
 1492  purchasing a home as their primary residence by reducing the
 1493  cost of the home with below-market construction financing, by
 1494  reducing the amount of down payment and closing costs paid by
 1495  the borrower to a maximum of 5 percent of the purchase price, or
 1496  by reducing the monthly payment to an affordable amount for the
 1497  purchaser. Loans shall be made available at an interest rate
 1498  that does not exceed 3 percent. The balance of any loan is due
 1499  at closing if the property is sold, refinanced, rented, or
 1500  transferred, unless otherwise approved by the corporation.
 1501         (1) For loans made available pursuant to s.
 1502  420.507(22)(a)1. or 2. s. 420.507(23)(a)1. or 2.:
 1503         (a) The corporation may underwrite and make those mortgage
 1504  loans through the program to persons or families who have
 1505  incomes that do not exceed 120 percent of the state or local
 1506  median income, whichever is greater, adjusted for family size.
 1507         (b) Loans shall be made available for the term of the first
 1508  mortgage.
 1509         (c) Loans may not exceed the lesser of 35 percent of the
 1510  purchase price of the home or the amount necessary to enable the
 1511  purchaser to meet credit underwriting criteria.
 1512         (2) For loans made pursuant to s. 420.507(22)(a)3. s.
 1513  420.507(23)(a)3.:
 1514         (a) Availability is limited to nonprofit sponsors or
 1515  developers who are selected for program participation pursuant
 1516  to this subsection.
 1517         (b) Preference must be given to community-based
 1518  organizations as defined in s. 420.503.
 1519         (c) Priority must be given to projects that have received
 1520  state assistance in funding project predevelopment costs.
 1521         (d) The benefits of making such loans shall be
 1522  contractually provided to the persons or families purchasing
 1523  homes financed under this subsection.
 1524         (e) At least 30 percent of the units in a project financed
 1525  pursuant to this subsection must be sold to persons or families
 1526  who have incomes that do not exceed 80 percent of the state or
 1527  local median income, whichever amount is greater, adjusted for
 1528  family size; and at least another 30 percent of the units in a
 1529  project financed pursuant to this subsection must be sold to
 1530  persons or families who have incomes that do not exceed 65
 1531  percent of the state or local median income, whichever amount is
 1532  greater, adjusted for family size.
 1533         (f) The maximum loan amount may not exceed 33 percent of
 1534  the total project cost.
 1535         (g) A person who purchases a home in a project financed
 1536  under this subsection is eligible for a loan authorized by s.
 1537  420.507(22)(a)1. or 2. s. 420.507(23)(a)1. or 2. in an aggregate
 1538  amount not exceeding the construction loan made pursuant to this
 1539  subsection. The home purchaser must meet all the requirements
 1540  for loan recipients established pursuant to the applicable loan
 1541  program.
 1542         (h) The corporation shall provide, by rule, for the
 1543  establishment of a review committee composed of corporation
 1544  staff and shall establish, by rule, a scoring system for
 1545  evaluating and ranking applications submitted for construction
 1546  loans under this subsection, including, but not limited to, the
 1547  following criteria:
 1548         1. The affordability of the housing proposed to be built.
 1549         2. The direct benefits of the assistance to the persons who
 1550  will reside in the proposed housing.
 1551         3. The demonstrated capacity of the applicant to carry out
 1552  the proposal, including the experience of the development team.
 1553         4. The economic feasibility of the proposal.
 1554         5. The extent to which the applicant demonstrates potential
 1555  cost savings by combining the benefits of different governmental
 1556  programs and private initiatives, including the local government
 1557  contributions and local government comprehensive planning and
 1558  activities that promote affordable housing.
 1559         6. The use of the least amount of program loan funds
 1560  compared to overall project cost.
 1561         7. The provision of homeownership counseling.
 1562         8. The applicant’s agreement to exceed the requirements of
 1563  paragraph (e).
 1564         9. The commitment of first mortgage financing for the
 1565  balance of the construction loan and for the permanent loans to
 1566  the purchasers of the housing.
 1567         10. The applicant’s ability to proceed with construction.
 1568         11. The targeting objectives of the corporation which will
 1569  ensure an equitable distribution of loans between rural and
 1570  urban areas.
 1571         12. The extent to which the proposal will further the
 1572  purposes of this program.
 1573         (i) The corporation may reject any and all applications.
 1574         (j) The review committee established by corporation rule
 1575  pursuant to this subsection shall make recommendations to the
 1576  corporation board regarding program participation under this
 1577  subsection. The corporation board shall make the final ranking
 1578  for participation based on the scores received in the ranking,
 1579  further review of the applications, and the recommendations of
 1580  the review committee. The corporation board shall approve or
 1581  reject applicants for loans and shall determine the tentative
 1582  loan amount available to each program participant. The final
 1583  loan amount shall be determined pursuant to rule adopted under
 1584  s. 420.507(22)(h) s. 420.507(23)(h).
 1585         Section 17. Paragraphs (a) and (i) of subsection (3) of
 1586  section 420.511, Florida Statutes, are amended to read:
 1587         420.511 Strategic business plan; long-range program plan;
 1588  annual report; audited financial statements.—
 1589         (3) The corporation shall submit to the Governor and the
 1590  presiding officers of each house of the Legislature, within 6
 1591  months after the end of its fiscal year, a complete and detailed
 1592  report setting forth the corporation’s state and federal program
 1593  accomplishments using the most recent available data. The report
 1594  must include, but is not limited to:
 1595         (a) The following tenant characteristics in the existing
 1596  rental units financed through corporation-administered programs:
 1597         1. The number of households served, delineated by income,
 1598  race, ethnicity, and age of the head of household.
 1599         2. The number of households served in large, medium, and
 1600  small counties as described in former s. 420.5087(1), Florida
 1601  Statutes 2021, and the extent to which geographic distribution
 1602  has been achieved in accordance with former s. 420.5087, Florida
 1603  Statutes 2021.
 1604         3. The number of farmworker and commercial fishing worker
 1605  households served.
 1606         4. The number of homeless households served.
 1607         5. The number of special needs households served.
 1608         6. By county, the average rent charged based on unit size.
 1609         (i) For the State Apartment Incentive Loan Program (SAIL),
 1610  a comprehensive list of all closed loans outstanding at the end
 1611  of the most recent fiscal year, including, but not limited to,
 1612  development name, city, county, developer, set-aside type, set
 1613  aside percentage, affordability term, total number of units,
 1614  number of set-aside units, lien position, original loan amount,
 1615  loan maturity date, loan balance at close of year, status of
 1616  loan, rate of interest, and interest paid.
 1617         Section 18. Section 420.517, Florida Statutes, is amended
 1618  to read:
 1619         420.517 Affordable housing and job training coordination.
 1620  The Florida Housing Finance Corporation shall undertake efforts
 1621  to provide incentives to developers to build housing that
 1622  encourages onsite job skills training to enable low-income
 1623  residents to obtain and maintain meaningful employment. To the
 1624  extent possible, the corporation shall direct all recipients of
 1625  state housing funds, including municipalities, to work in
 1626  cooperation with local and regional Job Training Partnerships
 1627  Boards to provide training to residents and others who may be
 1628  making the transition from welfare to the workforce. The
 1629  corporation shall provide incentives through housing policy and
 1630  program guidelines to prioritize those developments that
 1631  encourage workforce training and skills development.
 1632         Section 19. Subsection (1) of section 420.531, Florida
 1633  Statutes, is amended to read:
 1634         420.531 Affordable Housing Catalyst Program.—
 1635         (1) The corporation shall operate the Affordable Housing
 1636  Catalyst Program for the purpose of securing the expertise
 1637  necessary to provide specialized technical support to local
 1638  governments and community-based organizations to implement the
 1639  HOME Investment Partnership Program, State Apartment Incentive
 1640  Loan Program, State Housing Initiatives Partnership Block Grant
 1641  Program, and other affordable housing programs. To the maximum
 1642  extent feasible, the entity to provide the necessary expertise
 1643  must be recognized by the Internal Revenue Service as a
 1644  nonprofit tax-exempt organization. It must have as its primary
 1645  mission the provision of affordable housing training and
 1646  technical assistance, an ability to provide training and
 1647  technical assistance statewide, and a proven track record of
 1648  successfully providing training and technical assistance under
 1649  the Affordable Housing Catalyst Program. The technical support
 1650  shall, at a minimum, include training relating to the following
 1651  key elements of the partnership programs:
 1652         (a) Formation of local and regional housing partnerships as
 1653  a means of bringing together resources to provide affordable
 1654  housing.
 1655         (b) Implementation of regulatory reforms to reduce the risk
 1656  and cost of developing affordable housing.
 1657         (c) Implementation of affordable housing programs included
 1658  in local government comprehensive plans.
 1659         (d) Compliance with requirements of federally funded
 1660  housing programs.
 1661         Section 20. Paragraph (d) of subsection (1) and subsection
 1662  (2) of section 420.628, Florida Statutes, are amended to read:
 1663         420.628 Affordable housing for children and young adults
 1664  leaving foster care; legislative findings and intent.—
 1665         (1)
 1666         (d) The Legislature intends that the Florida Housing
 1667  Finance Corporation, agencies within the State Housing
 1668  Initiatives Initiative Partnership Block Grant Program, local
 1669  housing finance agencies, public housing authorities, and their
 1670  agents, and other providers of affordable housing coordinate
 1671  with the Department of Children and Families, their agents, and
 1672  community-based care providers who provide services under s.
 1673  409.986 to develop and implement strategies and procedures
 1674  designed to make affordable housing available whenever and
 1675  wherever possible to young adults who leave the child welfare
 1676  system.
 1677         (2) Young adults who leave the child welfare system meet
 1678  the definition of eligible persons under ss. 420.503(17) and
 1679  420.9071(10) ss. 420.503(17) and 420.9071(11) for affordable
 1680  housing, and are encouraged to participate in federal, state,
 1681  and local affordable housing programs. Students deemed to be
 1682  eligible occupants under 26 U.S.C. s. 42(i)(3)(D) shall be
 1683  considered eligible persons for purposes of all projects funded
 1684  under this chapter.
 1685         Section 21. Subsections (1) through (4), (6), and (7) of
 1686  section 420.9076, Florida Statutes, are amended to read:
 1687         420.9076 Adoption of affordable housing incentive
 1688  strategies; committees.—
 1689         (1) Each county or eligible municipality participating in
 1690  the State Housing Initiatives Partnership Block Grant Program,
 1691  including a municipality receiving program funds through the
 1692  county, or an eligible municipality must, within 12 months after
 1693  the original adoption of the local housing assistance plan,
 1694  amend the plan to include local housing incentive strategies as
 1695  defined in s. 420.9071 s. 420.9071(18).
 1696         (2) The governing board of a county or municipality shall
 1697  appoint the members of the affordable housing advisory
 1698  committee. Pursuant to the terms of any interlocal agreement, a
 1699  county and municipality may create and jointly appoint an
 1700  advisory committee. The local action adopted pursuant to s.
 1701  420.9072 which creates the advisory committee and appoints the
 1702  advisory committee members must name at least 8 but not more
 1703  than 11 committee members and specify their terms. Effective
 1704  October 1, 2020, The committee must consist of one locally
 1705  elected official from each county or municipality participating
 1706  in the State Housing Initiatives Partnership Block Grant Program
 1707  and one representative from at least six of the categories
 1708  below:
 1709         (a) A citizen who is actively engaged in the residential
 1710  home building industry in connection with affordable housing.
 1711         (b) A citizen who is actively engaged in the banking or
 1712  mortgage banking industry in connection with affordable housing.
 1713         (c) A citizen who is a representative of those areas of
 1714  labor actively engaged in home building in connection with
 1715  affordable housing.
 1716         (d) A citizen who is actively engaged as an advocate for
 1717  low-income persons in connection with affordable housing.
 1718         (e) A citizen who is actively engaged as a for-profit
 1719  provider of affordable housing.
 1720         (f) A citizen who is actively engaged as a not-for-profit
 1721  provider of affordable housing.
 1722         (g) A citizen who is actively engaged as a real estate
 1723  professional in connection with affordable housing.
 1724         (h) A citizen who actively serves on the local planning
 1725  agency pursuant to s. 163.3174. If the local planning agency is
 1726  comprised of the governing board of the county or municipality,
 1727  the governing board may appoint a designee who is knowledgeable
 1728  in the local planning process.
 1729         (i) A citizen who resides within the jurisdiction of the
 1730  local governing body making the appointments.
 1731         (j) A citizen who represents employers within the
 1732  jurisdiction.
 1733         (k) A citizen who represents essential services personnel,
 1734  as defined in the local housing assistance plan.
 1735         (3) All meetings of the advisory committee are public
 1736  meetings, and all committee records are public records. Staff,
 1737  administrative, and facility support to the advisory committee
 1738  shall be provided by the appointing county or eligible
 1739  municipality.
 1740         (4) Annually, the advisory committee shall review the
 1741  established policies and procedures, ordinances, land
 1742  development regulations, and adopted local government
 1743  comprehensive plan of the appointing local government and shall
 1744  recommend specific actions or initiatives to encourage or
 1745  facilitate affordable housing while protecting the ability of
 1746  the property to appreciate in value. The recommendations may
 1747  include the modification or repeal of existing policies,
 1748  procedures, ordinances, regulations, or plan provisions; the
 1749  creation of exceptions applicable to affordable housing; or the
 1750  adoption of new policies, procedures, regulations, ordinances,
 1751  or plan provisions, including recommendations to amend the local
 1752  government comprehensive plan and corresponding regulations,
 1753  ordinances, and other policies. At a minimum, each advisory
 1754  committee shall submit an annual report to the local governing
 1755  body and to the entity providing statewide training and
 1756  technical assistance for the Affordable Housing Catalyst Program
 1757  which includes recommendations on the implementation of
 1758  affordable housing incentives in the following areas:
 1759         (a) The processing of approvals of development orders or
 1760  permits for affordable housing projects is expedited to a
 1761  greater degree than other projects, as provided in s.
 1762  163.3177(6)(f)3.
 1763         (b) All allowable fee waivers provided for the development
 1764  or construction of affordable housing.
 1765         (c) The allowance of flexibility in densities for
 1766  affordable housing.
 1767         (d) The reservation of infrastructure capacity for housing
 1768  for very-low-income persons, low-income persons, and moderate
 1769  income persons.
 1770         (e) Affordable accessory residential units.
 1771         (f) The reduction of parking and setback requirements for
 1772  affordable housing.
 1773         (g) The allowance of flexible lot configurations, including
 1774  zero-lot-line configurations for affordable housing.
 1775         (h) The modification of street requirements for affordable
 1776  housing.
 1777         (i) The establishment of a process by which a local
 1778  government considers, before adoption, policies, procedures,
 1779  ordinances, regulations, or plan provisions that increase the
 1780  cost of housing.
 1781         (j) The preparation of a printed inventory of locally owned
 1782  public lands suitable for affordable housing.
 1783         (k) The support of development near transportation hubs and
 1784  major employment centers and mixed-use developments.
 1785  
 1786  The advisory committee recommendations may also include other
 1787  affordable housing incentives identified by the advisory
 1788  committee. Local governments that receive the minimum allocation
 1789  under the State Housing Initiatives Partnership Block Grant
 1790  Program shall perform an initial review but may elect to not
 1791  perform the annual review.
 1792         (6) Within 90 days after the date of receipt of the
 1793  evaluation and local housing incentive strategies
 1794  recommendations from the advisory committee, the governing body
 1795  of the appointing local government shall adopt an amendment to
 1796  its local housing assistance plan to incorporate the local
 1797  housing incentive strategies it will implement within its
 1798  jurisdiction. The amendment must include, at a minimum, the
 1799  local housing incentive strategies required under s.
 1800  420.9071(17) s. 420.9071(18). The local government must consider
 1801  the strategies specified in paragraphs (4)(a)-(k) as recommended
 1802  by the advisory committee.
 1803         (7) The governing board of the county or the eligible
 1804  municipality shall notify the corporation by certified mail of
 1805  its adoption of an amendment of its local housing assistance
 1806  plan to incorporate local housing incentive strategies. The
 1807  notice must include a copy of the approved amended plan.
 1808         (a) If the corporation fails to receive timely the approved
 1809  amended local housing assistance plan to incorporate local
 1810  housing incentive strategies, a notice of termination of its
 1811  share of the local housing distribution shall be sent by
 1812  certified mail by the corporation to the affected county or
 1813  eligible municipality. The notice of termination must specify a
 1814  date of termination of the funding if the affected county or
 1815  eligible municipality has not adopted an amended local housing
 1816  assistance plan to incorporate local housing incentive
 1817  strategies. If the county or the eligible municipality has not
 1818  adopted an amended local housing assistance plan to incorporate
 1819  local housing incentive strategies by the termination date
 1820  specified in the notice of termination, the local distribution
 1821  share terminates; and any uncommitted local distribution funds
 1822  held by the affected county or eligible municipality in its
 1823  local housing assistance trust fund shall be transferred to the
 1824  Local Government Housing Trust Fund to the credit of the
 1825  corporation to administer the local government housing program.
 1826         (b) If a county fails to timely adopt an amended local
 1827  housing assistance plan to incorporate local housing incentive
 1828  strategies but an eligible municipality receiving a local
 1829  housing distribution pursuant to an interlocal agreement within
 1830  the county does timely adopt an amended local housing assistance
 1831  plan to incorporate local housing incentive strategies, the
 1832  corporation, after issuance of a notice of termination, shall
 1833  thereafter distribute directly to the participating eligible
 1834  municipality its share calculated in the manner provided in s.
 1835  420.9073.
 1836         (c) Any county or eligible municipality whose local
 1837  distribution share has been terminated may subsequently elect to
 1838  receive directly its local distribution share by adopting an
 1839  amended local housing assistance plan to incorporate local
 1840  housing incentive strategies in the manner and according to the
 1841  procedure provided in this section and by adopting an ordinance
 1842  in the manner required in s. 420.9072.
 1843         Section 22. Section 420.9089, Florida Statutes, is amended
 1844  to read:
 1845         420.9089 National Housing Trust Fund.—The Legislature finds
 1846  that more funding for housing to assist individuals and families
 1847  who are experiencing homelessness or who are at risk of
 1848  homelessness is needed and encourages the state entity
 1849  designated to administer funds made available to the state from
 1850  the National Housing Trust Fund to propose an allocation plan
 1851  that includes strategies to reduce homelessness and the risk of
 1852  homelessness in this state. These strategies shall be in
 1853  addition to strategies developed under s. 420.5087.
 1854         Section 23. Paragraphs (d) and (e) of subsection (2) of
 1855  section 624.5105, Florida Statutes, are amended to read:
 1856         624.5105 Community contribution tax credit; authorization;
 1857  limitations; eligibility and application requirements;
 1858  administration; definitions; expiration.—
 1859         (2) ELIGIBILITY REQUIREMENTS.—
 1860         (d) The project shall be located in an area that was
 1861  designated as an enterprise zone pursuant to chapter 290 as of
 1862  May 1, 2015, or a Front Porch Florida Community. Any project
 1863  designed to provide housing opportunities for persons with
 1864  special needs as defined in s. 420.0004 or to construct or
 1865  rehabilitate housing for low-income or very-low-income
 1866  households as defined in s. 420.9071(19) and (29) s.
 1867  420.9071(20) and (30) is exempt from the area requirement of
 1868  this paragraph.
 1869         (e)1. If, during the first 10 business days of the state
 1870  fiscal year, eligible tax credit applications for projects that
 1871  provide housing opportunities for persons with special needs as
 1872  defined in s. 420.0004 or homeownership opportunities for low
 1873  income or very-low-income households as defined in s.
 1874  420.9071(19) and (29) s. 420.9071(20) and (30) are received for
 1875  less than the annual tax credits available for those projects,
 1876  the Department of Economic Opportunity shall grant tax credits
 1877  for those applications and shall grant remaining tax credits on
 1878  a first-come, first-served basis for any subsequent eligible
 1879  applications received before the end of the state fiscal year.
 1880  If, during the first 10 business days of the state fiscal year,
 1881  eligible tax credit applications for projects that provide
 1882  housing opportunities for persons with special needs as defined
 1883  in s. 420.0004 or homeownership opportunities for low-income or
 1884  very-low-income households as defined in s. 420.9071(19) and
 1885  (29) s. 420.9071(20) and (30) are received for more than the
 1886  annual tax credits available for those projects, the Department
 1887  of Economic Opportunity shall grant the tax credits for those
 1888  applications as follows:
 1889         a. If tax credit applications submitted for approved
 1890  projects of an eligible sponsor do not exceed $200,000 in total,
 1891  the credits shall be granted in full if the tax credit
 1892  applications are approved.
 1893         b. If tax credit applications submitted for approved
 1894  projects of an eligible sponsor exceed $200,000 in total, the
 1895  amount of tax credits granted under sub-subparagraph a. shall be
 1896  subtracted from the amount of available tax credits, and the
 1897  remaining credits shall be granted to each approved tax credit
 1898  application on a pro rata basis.
 1899         2. If, during the first 10 business days of the state
 1900  fiscal year, eligible tax credit applications for projects other
 1901  than those that provide housing opportunities for persons with
 1902  special needs as defined in s. 420.0004 or homeownership
 1903  opportunities for low-income or very-low-income households as
 1904  defined in s. 420.9071(19) and (29) s. 420.9071(20) and (30) are
 1905  received for less than the annual tax credits available for
 1906  those projects, the Department of Economic Opportunity shall
 1907  grant tax credits for those applications and shall grant
 1908  remaining tax credits on a first-come, first-served basis for
 1909  any subsequent eligible applications received before the end of
 1910  the state fiscal year. If, during the first 10 business days of
 1911  the state fiscal year, eligible tax credit applications for
 1912  projects other than those that provide housing opportunities for
 1913  persons with special needs as defined in s. 420.0004 or
 1914  homeownership opportunities for low-income or very-low-income
 1915  households as defined in s. 420.9071(19) and (29) s.
 1916  420.9071(20) and (30) are received for more than the annual tax
 1917  credits available for those projects, the Department of Economic
 1918  Opportunity shall grant the tax credits for those applications
 1919  on a pro rata basis.
 1920         Section 24. This act shall take effect July 1, 2022.