Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1500
       
       
       
       
       
       
                                Ì5432843Î543284                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Latvala) recommended the following:
       
    1         Senate Substitute for Amendment (577610) (with title
    2  amendment)
    3  
    4         Between lines 90 and 91
    5  insert:
    6         Section 1. Subsection (4) is added to section 421.04,
    7  Florida Statutes, to read:
    8         421.04 Creation of housing authorities.—
    9         (4) Regardless of the date of its creation, a housing
   10  authority may not apply to the Federal Government to seize any
   11  projects, units, or vouchers of another established housing
   12  authority, irrespective of each housing authority’s areas of
   13  operation.
   14         Section 2. Subsection (2) of section 421.05, Florida
   15  Statutes, is amended to read:
   16         421.05 Appointment, qualifications, and tenure of
   17  commissioners; hiring of employees.—
   18         (2) The powers of each authority shall be vested in the
   19  commissioners thereof in office from time to time. A majority of
   20  the commissioners shall constitute a quorum of the authority for
   21  the purpose of conducting its business and exercising its powers
   22  and for all other purposes. Action may be taken by the authority
   23  upon a vote of a majority of the commissioners present, unless
   24  in any case the bylaws of the authority require a larger number.
   25  The mayor with the concurrence of the governing body shall
   26  designate which of the commissioners appointed shall be the
   27  first chair from among the appointed commissioners, but when the
   28  office of the chair of the authority thereafter becomes vacant,
   29  the authority shall select a chair from among the its
   30  commissioners. An authority shall also select from among the its
   31  commissioners a vice chair,; and it may employ a secretary, who
   32  shall be the executive director, technical experts, and such
   33  other officers, agents, and employees, permanent and temporary,
   34  as it may require and shall determine their qualifications,
   35  duties, and compensation. Accordingly, authorities are exempt
   36  from s. 215.425. For such legal services as it may require, An
   37  authority may call upon the chief law officer of the city or may
   38  employ its own counsel and legal staff for legal services. An
   39  authority may delegate to one or more of its agents or employees
   40  such powers or duties as it may deem proper.
   41         Section 3. Subsection (1) of section 421.091, Florida
   42  Statutes, is amended to read:
   43         421.091 Financial accounting and investments; fiscal year.—
   44         (1) A complete and full financial accounting and audit in
   45  accordance with federal audit standards of public housing
   46  agencies shall be made biennially by a certified public
   47  accountant and submitted to the Federal Government in accordance
   48  with its policies. Housing authorities are otherwise exempt from
   49  the reporting requirements of s. 218.32. A copy of such audit
   50  shall be filed with the governing body and with the Auditor
   51  General.
   52         Section 4. Section 421.281, Florida Statutes, is created to
   53  read:
   54         421.281 Consolidated Housing Authorities.—
   55         (1) CREATION.—
   56         (a) If the commissioners of at least two municipal or
   57  municipal and county housing authorities of neighboring areas of
   58  operation that are not under federal receivership declare by
   59  identical resolution, after a public hearing and two consecutive
   60  meetings at which such resolution is heard, that there is a need
   61  for merging their authorities which serves the best interest of
   62  their respective tenants and communities, one housing authority
   63  shall be created for all of such authorities to exercise powers
   64  and other functions herein prescribed in such areas of operation
   65  through a public body corporate and politic to be known as a
   66  consolidated housing authority.
   67         (b) After the consolidation, each housing authority created
   68  by s. 421.04 or s. 421.27 for each of the areas shall cease to
   69  exist except for the purpose of winding up its affairs and
   70  executing a deed to the consolidated housing authority as
   71  hereafter provided, if:
   72         1. All obligees of such housing authorities and parties to
   73  the contracts, bonds, notes, and other obligations of such
   74  housing authorities agree to the substitution of the
   75  consolidated housing authority; and
   76         2. The commissioners of such housing authorities adopt a
   77  resolution consenting to the transfer of all of the rights,
   78  contracts, obligations, and property, real and personal, to the
   79  consolidated housing authority.
   80         (c) When any real property of a housing authority vests in
   81  a consolidated housing authority as provided in subsection (2),
   82  the housing authority shall execute a deed of such property to
   83  the consolidated housing authority which thereupon shall file
   84  such deed with the recorder of deeds of the county where such
   85  real property is located.
   86         (d) In any suit, action, or proceeding involving the
   87  validity or enforcement of or relating to any contract of the
   88  consolidated housing authority, the consolidated housing
   89  authority shall be conclusively deemed to have become created,
   90  established, and authorized to transact business and exercise
   91  its powers hereunder upon proof of the adoption of a resolution
   92  by the commissioners of each of the authorities creating the
   93  consolidated housing authority.
   94         (e) No more than three housing authorities may be
   95  consolidated within a 10-year period, unless there is a
   96  resolution of each housing authority and local government within
   97  the area of operation in support of such additional
   98  consolidation.
   99         (2) AREA OF OPERATION.—
  100         (a) The area of operation of a consolidated housing
  101  authority shall include the combined areas of operation of the
  102  housing authorities which merged to form the consolidated
  103  housing authority.
  104         (b) In connection with the issuance of bonds or the
  105  incurring of other obligations, a consolidated housing authority
  106  may covenant as to limitations on its right to adopt resolutions
  107  relating to the increase of its area of operation.
  108         (3) COMMISSIONERS.—
  109         (a) When a consolidated housing authority has been created,
  110  the consolidation plan must include provision for the
  111  distribution of appointments among the existing appointing
  112  authorities. The appointing authorities shall thereupon appoint
  113  seven persons, with at least one qualified elector from each
  114  area of operation included therein, provided that there are
  115  suitable candidates who are willing to serve from each area of
  116  operation.
  117         (b) When the area of operation of a consolidated housing
  118  authority is increased to include an additional area of
  119  operation as herein provided, the consolidation plan must
  120  provide for the appointment of one qualified elector from each
  121  such additional area of operation as a commissioner. The number
  122  of commissioners of a consolidated housing authority may be
  123  increased above seven only for the implementation of this
  124  subsection.
  125         (c) If any county is later excluded from the area of
  126  operation of a consolidated housing authority, the office of the
  127  commissioner of such housing authority appointed as provided in
  128  subsection (2) is abolished.
  129         (d) If the area of operation of a consolidated housing
  130  authority consists at any time of an even number of counties,
  131  the Governor shall appoint one additional commissioner, who
  132  shall be a qualified elector from one of the counties in such
  133  area of operation.
  134         (e) A certificate of the appointment of any commissioner of
  135  a consolidated housing authority shall be filed with the county
  136  clerk of the county from which the commissioner is appointed,
  137  and such certificate shall be conclusive evidence of the due and
  138  proper appointment of such commissioner.
  139         (f) The commissioners of a consolidated housing authority
  140  shall be appointed for staggered terms of 4 years, except that
  141  the terms of the initial appointees may be truncated to stagger
  142  them properly, and all vacancies shall be filled for the
  143  unexpired terms. Each commissioner shall hold office until a
  144  successor has been appointed and has qualified, except as
  145  otherwise provided herein. The appointing authority shall
  146  thereafter appoint the successor of each commissioner.
  147         (g) The commissioners of a consolidated housing authority
  148  shall elect a chair from among the commissioners and shall have
  149  power to select or employ such other officers and employees as
  150  the housing authority may require. A majority of the
  151  commissioners of a consolidated housing authority shall
  152  constitute a quorum of such authority for the purpose of
  153  conducting its business and exercising its powers and for all
  154  other purposes.
  155         (4) POWERS AND DUTIES.—Except as otherwise provided herein,
  156  a consolidated housing authority and the commissioners thereof
  157  shall, within the area of operation of such consolidated housing
  158  authority, have the same functions, rights, powers, duties,
  159  privileges, and immunities provided for housing authorities
  160  created for cities or counties. A consolidated housing authority
  161  shall have power to select any appropriate corporate name.
  162         Section 5. Section 421.32, Florida Statutes, is amended to
  163  read:
  164         421.32 Rural housing projects.—County housing authorities,
  165  consolidated housing authorities, and regional housing
  166  authorities are specifically empowered and authorized to borrow
  167  money, accept grants, and exercise their other powers to provide
  168  housing for farmers of low income and domestic farm labor as
  169  defined in s. 514 of the Federal Housing Act of 1949. In
  170  connection with such projects, any such housing authority may
  171  enter into such leases or purchase agreements, accept such
  172  conveyances, and rent or sell dwellings forming part of such
  173  projects to or for farmers of low income, as such housing
  174  authority deems necessary in order to assure the achievement of
  175  the objectives of this law. Such leases, agreements, or
  176  conveyances may include such covenants as the housing authority
  177  deems appropriate regarding such dwellings and the tracts of
  178  land described in any such instrument, which covenants shall be
  179  deemed to run with the land when where the housing authority
  180  deems it necessary and the parties to such instrument so
  181  stipulate. In providing housing for farmers of low income,
  182  county housing authorities, consolidated housing authorities,
  183  and regional housing authorities are shall not be subject to the
  184  limitations provided in ss. 421.08(1)(c) 421.08(3) and
  185  421.10(3). Nothing contained in This section does not limit
  186  shall be construed as limiting any other powers of any housing
  187  authority.
  188         Section 6. Section 421.321, Florida Statutes, is amended to
  189  read:
  190         421.321 Execution of mortgages.—County, consolidated, and
  191  regional housing authorities organized under this chapter are
  192  authorized to execute mortgages encumbering real property as
  193  security for loans made for providing facilities for domestic
  194  farm labor pursuant to s. 514 of the Federal Housing Act of
  195  1949.
  196         Section 7. Section 421.33, Florida Statutes, is amended to
  197  read:
  198         421.33 Housing applications by farmers.—The owner of any
  199  farm operated, or worked upon, by farmers of low income in need
  200  of safe and sanitary housing may file an application with a
  201  housing authority created for a county, consolidated, or a
  202  regional housing authority requesting that it provide for a safe
  203  and sanitary dwelling or dwellings for occupancy by such farmers
  204  of low income. Such applications shall be received and examined
  205  by housing authorities in connection with the formulation of
  206  projects or programs to provide housing for farmers of low
  207  income. Provided, However, that if it becomes necessary for an
  208  applicant under this section to convey any portion of the
  209  applicant’s then homestead in order to take advantages as
  210  provided herein, then in that event, the parting with title to a
  211  portion of said homestead shall not affect the remaining portion
  212  of same, but all rights that said owner may have in and to same
  213  under and by virtue of the State Constitution of the state or
  214  any law passed pursuant thereto, shall be deemed and held to
  215  apply to such remaining portion of said land, the title of which
  216  remains in said applicant. ; it being the intention of The
  217  Legislature intends to permit the owner of any farm operated or
  218  worked upon by farmers of low income in need of safe and
  219  sanitary housing to take advantage of the provisions of this law
  220  without jeopardizing the owner’s their rights in the owner’s
  221  their then homestead by reason of any requirement that may be
  222  necessary in order for them to receive the benefits herein
  223  provided,; and no court shall ever construe that an applicant
  224  who has taken advantage of this law has in any manner, shape, or
  225  form abandoned his or her rights in any property that is the
  226  applicant’s then homestead by virtue of such action upon his or
  227  her part, but it shall be held, construed, and deemed that such
  228  action upon the part of any applicant hereunder was not any
  229  abandonment of the applicant’s then homestead, and that all
  230  rights that the applicant then had therein shall be and remain
  231  as provided by the State Constitution and any law enacted
  232  pursuant thereto.
  233  
  234  ================= T I T L E  A M E N D M E N T ================
  235  And the title is amended as follows:
  236         Delete line 2
  237  and insert:
  238         An act relating to housing for low-income persons;
  239         amending s. 421.04, F.S.; prohibiting a housing
  240         authority from applying to the Federal Government to
  241         seize projects, units, or vouchers of another
  242         established housing authority; amending s. 421.05,
  243         F.S.; exempting authorities from s. 215.425, F.S.;
  244         amending s. 421.091, F.S.; requiring a full financial
  245         accounting and audit of public housing agencies to be
  246         submitted to the Federal Government pursuant to
  247         certain requirements; exempting housing authorities
  248         from specified reporting requirements; creating s.
  249         421.281, F.S.; creating consolidated housing
  250         authorities subject to certain requirements and
  251         restrictions; specifying the area of operation of a
  252         consolidated housing authority; providing for the
  253         appointment of commissioners subject to certain
  254         requirements and restrictions; providing that a
  255         majority of the commissioners constitutes a quorum;
  256         specifying the powers and duties of a consolidated
  257         housing authority and the commissioners thereof;
  258         amending s. 421.32, F.S.; conforming provisions to
  259         changes made by the act; conforming a cross-reference;
  260         amending ss. 421.321 and s. 421.33, F.S.; conforming
  261         provisions to changes made by the act; amending