CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Klein moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 22, line 3, through

15            page 45, line 26,  delete those lines

16

17  and insert:

18         Section 5.  Paragraph (b) of subsection (19) of section

19  380.06, Florida Statutes, 1998 Supplement, is amended to read:

20         380.06  Developments of regional impact.--

21         (19)  SUBSTANTIAL DEVIATIONS.--

22         (b)  Any proposed change to a previously approved

23  development of regional impact or development order condition

24  which, either individually or cumulatively with other changes,

25  exceeds any of the following criteria shall constitute a

26  substantial deviation and shall cause the development to be

27  subject to further development-of-regional-impact review

28  without the necessity for a finding of same by the local

29  government:

30         1.  An increase in the number of parking spaces at an

31  attraction or recreational facility by 5 percent or 300

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  spaces, whichever is greater, or an increase in the number of

 2  spectators that may be accommodated at such a facility by 5

 3  percent or 1,000 spectators, whichever is greater.

 4         2.  A new runway, a new terminal facility, a 25-percent

 5  lengthening of an existing runway, or a 25-percent increase in

 6  the number of gates of an existing terminal, but only if the

 7  increase adds at least three additional gates.  However, if an

 8  airport is located in two counties, a 10-percent lengthening

 9  of an existing runway or a 20-percent increase in the number

10  of gates of an existing terminal is the applicable criteria.

11         3.  An increase in the number of hospital beds by 5

12  percent or 60 beds, whichever is greater.

13         4.  An increase in industrial development area by 5

14  percent or 32 acres, whichever is greater.

15         5.  An increase in the average annual acreage mined by

16  5 percent or 10 acres, whichever is greater, or an increase in

17  the average daily water consumption by a mining operation by 5

18  percent or 300,000 gallons, whichever is greater.  An increase

19  in the size of the mine by 5 percent or 750 acres, whichever

20  is less.

21         6.  An increase in land area for office development by

22  5 percent or 6 acres, whichever is greater, or an increase of

23  gross floor area of office development by 5 percent or 60,000

24  gross square feet, whichever is greater.

25         7.  An increase in the storage capacity for chemical or

26  petroleum storage facilities by 5 percent, 20,000 barrels, or

27  7 million pounds, whichever is greater.

28         8.  An increase of development at a waterport of wet

29  storage for 20 watercraft, dry storage for 30 watercraft, or

30  wet/dry storage for 60 watercraft in an area identified in the

31  state marina siting plan as an appropriate site for additional

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  waterport development or a 5-percent increase in watercraft

 2  storage capacity, whichever is greater.

 3         9.  An increase in the number of dwelling units by 5

 4  percent or 50 dwelling units, whichever is greater.

 5         10.  An increase in commercial development by 6 acres

 6  of land area or by 50,000 square feet of gross floor area, or

 7  of parking spaces provided for customers for 300 cars or a

 8  5-percent increase of any of these, whichever is greater.

 9         11.  An increase in hotel or motel facility units by 5

10  percent or 75 units, whichever is greater.

11         12.  An increase in a recreational vehicle park area by

12  5 percent or 100 vehicle spaces, whichever is less.

13         13.  A decrease in the area set aside for open space of

14  5 percent or 20 acres, whichever is less.

15         14.  A proposed increase to an approved multiuse

16  development of regional impact where the sum of the increases

17  of each land use as a percentage of the applicable substantial

18  deviation criteria is equal to or exceeds 100 percent. The

19  percentage of any decrease in the amount of open space shall

20  be treated as an increase for purposes of determining when 100

21  percent has been reached or exceeded.

22         15.  A 15-percent increase in the number of external

23  vehicle trips generated by the development above that which

24  was projected during the original

25  development-of-regional-impact review.

26         16.  Any change which would result in development of

27  any area which was specifically set aside in the application

28  for development approval or in the development order for

29  preservation or special protection of endangered or threatened

30  plants or animals designated as endangered, threatened, or

31  species of special concern and their habitat, primary dunes,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  or archaeological and historical sites designated as

 2  significant by the Division of Historical Resources of the

 3  Department of State.  The further refinement of such areas by

 4  survey shall be considered under sub-subparagraph (e)5.b.

 5

 6  The substantial deviation numerical standards in subparagraphs

 7  4., 6., 10., 14., excluding residential uses, and 15., are

 8  increased by 100 percent for a project certified under s.

 9  403.973 which creates jobs and meets criteria established by

10  the Office of Tourism, Trade, and Economic Development as to

11  its impact on an area's economy, employment, and prevailing

12  wage and skill levels. The substantial deviation numerical

13  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

14  increased by 50 percent for a project located wholly within an

15  urban infill and redevelopment area designated on the

16  applicable adopted local comprehensive plan future land use

17  map and not located within the coastal high hazard area.

18         Section 6.  Paragraph (b) of subsection (2) of section

19  163.3220, Florida Statutes, is amended to read:

20         163.3220  Short title; legislative intent.--

21         (2)  The Legislature finds and declares that:

22         (b)  Assurance to a developer that upon receipt of his

23  or her development permit or brownfield designation he or she

24  may proceed in accordance with existing laws and policies,

25  subject to the conditions of a development agreement,

26  strengthens the public planning process, encourages sound

27  capital improvement planning and financing, assists in

28  assuring there are adequate capital facilities for the

29  development, encourages private participation in comprehensive

30  planning, and reduces the economic costs of development.

31         Section 7.  Present subsections (1) through (13) of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  section 163.3221, Florida Statutes, are renumbered as

 2  subsections (2) through (14), respectively, and a new

 3  subsection (1) is added to that section to read:

 4         163.3221  Definitions.--As used in ss.

 5  163.3220-163.3243:

 6         (1)  "Brownfield designation" means a resolution

 7  adopted by a local government pursuant to the Brownfields

 8  Redevelopment Act, ss. 376.77-376.85.

 9         Section 8.  Subsection (1) of section 163.375, Florida

10  Statutes, is amended to read:

11         163.375  Eminent domain.--

12         (1)  Any county or municipality, or any community

13  redevelopment agency pursuant to specific approval of the

14  governing body of the county or municipality which established

15  the agency, as provided by any county or municipal ordinance

16  has the right to acquire by condemnation any interest in real

17  property, including a fee simple title thereto, which it deems

18  necessary for, or in connection with, community redevelopment

19  and related activities under this part.  Any county or

20  municipality, or any community redevelopment agency pursuant

21  to specific approval by the governing body of the county or

22  municipality which established the agency, as provided by any

23  county or municipal ordinance may exercise the power of

24  eminent domain in the manner provided in chapters 73 and 74

25  and acts amendatory thereof or supplementary thereto, or it

26  may exercise the power of eminent domain in the manner now or

27  which may be hereafter provided by any other statutory

28  provision for the exercise of the power of eminent domain.

29  Property in unincorporated enclaves surrounded by the

30  boundaries of a community redevelopment area may be acquired

31  when it is determined necessary by the agency to accomplish

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  the community redevelopment plan. Property already devoted to

 2  a public use may be acquired in like manner.  However, no real

 3  property belonging to the United States, the state, or any

 4  political subdivision of the state may be acquired without its

 5  consent.

 6         Section 9.  Subsection (1) of section 165.041, Florida

 7  Statutes, is amended to read:

 8         165.041  Incorporation; merger.--

 9         (1)(a)  A charter for incorporation of a municipality,

10  except in case of a merger which is adopted as otherwise

11  provided in subsections (2) and (3), shall be adopted only by

12  a special act of the Legislature upon determination that the

13  standards herein provided have been met.

14         (b)  To inform the Legislature on the feasibility of a

15  proposed incorporation of a municipality, a feasibility study

16  shall be completed and submitted to the Legislature 90 days

17  before the first day of the regular session of the Legislature

18  in conjunction with a proposed special act for the enactment

19  of the municipal charter.  The Such feasibility study shall

20  contain the following:

21         1.  The general location of territory subject to

22  boundary change and a map of the area which identifies the

23  proposed change.

24         2.  The major reasons for proposing the boundary

25  change.

26         3.  The following characteristics of the area:

27         a.  A list of the current land use designations applied

28  to the subject area in the county comprehensive plan.

29         b.  A list of the current county zoning designations

30  applied to the subject area.

31         c.  A general statement of present land use

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  characteristics of the area.

 2         d.  A description of development being proposed for the

 3  territory, if any, and a statement of when actual development

 4  is expected to begin, if known.

 5         4.  A list of all public agencies, such as local

 6  governments, school districts, and special districts, whose

 7  current boundary falls within the boundary of the territory

 8  proposed for the change or reorganization.

 9         5.  A list of current services being provided within

10  the proposed incorporation area, including, but not limited

11  to, water, sewer, solid waste, transportation and public

12  works, law enforcement, police and fire rescue, zoning, street

13  lighting, parks and recreation, library and cultural

14  facilities, and the estimated costs for each current service.

15         6.  A list of proposed services to be provided within

16  the proposed incorporation area, and the estimated cost of

17  such proposed services.

18         7.  The names and addresses of three officers or

19  persons submitting the proposal.

20         8.  Evidence of fiscal capacity and an organizational

21  plan as it relates to the area seeking incorporation that, at

22  a minimum, includes:

23         a.  Existing tax bases, including ad valorem taxable

24  value, utility taxes, sales and use taxes, franchise taxes,

25  license and permit fees, charges for services, fines and

26  forfeitures, and other revenue sources, as appropriate.

27         b.  A 5-year operational plan that, at a minimum,

28  includes proposed staffing, building acquisition and

29  construction, debt issuance, and budgets.

30         9.1.  Data and analysis to support the conclusions that

31  incorporation is necessary and financially feasible, including

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  population projections and population density calculations,

 2  and an explanation concerning methodologies used for such

 3  analysis.

 4         10.2.  Evaluation of the alternatives available to the

 5  area to address its policy concerns.

 6         11.3.  Evidence that the proposed municipality meets

 7  the requirements for incorporation pursuant to s. 165.061.

 8         (c)  In counties that have adopted a municipal overlay

 9  for municipal incorporation pursuant to s. 163.3217, such

10  information shall be submitted to the Legislature in

11  conjunction with any proposed municipal incorporation in the

12  county.  This information should be used to evaluate the

13  feasibility of a proposed municipal incorporation in the

14  geographic area.

15         Section 10.  Section 171.0413, Florida Statutes, is

16  amended to read:

17         171.0413  Annexation procedures.--Any municipality may

18  annex contiguous, compact, unincorporated territory in the

19  following manner:

20         (1)  An ordinance proposing to annex an area of

21  contiguous, compact, unincorporated territory shall be adopted

22  by the governing body of the annexing municipality pursuant to

23  the procedure for the adoption of a nonemergency ordinance

24  established by s. 166.041. Prior to the adoption of the

25  ordinance of annexation the local governing body shall hold at

26  least two advertised public hearings.  The first public

27  hearing shall be on a weekday at least 7 days after the day

28  that the first advertisement is published. The second public

29  hearing shall be held on a weekday at least 5 days after the

30  day that the second advertisement is published.  Each such

31  ordinance shall propose only one reasonably compact area to be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  annexed.  However, prior to the ordinance of annexation

 2  becoming effective, a referendum on annexation shall be held

 3  as set out below, and, if approved by the referendum, the

 4  ordinance shall become effective 10 days after the referendum

 5  or as otherwise provided in the ordinance, but not more than 1

 6  year following the date of the referendum.

 7         (2)  Following the final adoption of the ordinance of

 8  annexation by the governing body of the annexing municipality,

 9  the ordinance shall be submitted to a vote of the registered

10  electors of the area proposed to be annexed. The governing

11  body of the annexing municipality may also choose to submit

12  the ordinance of annexation to a separate vote of the

13  registered electors of the annexing municipality.  If the

14  proposed ordinance would cause the total area annexed by a

15  municipality pursuant to this section during any one calendar

16  year period cumulatively to exceed more than 5 percent of the

17  total land area of the municipality or cumulatively to exceed

18  more than 5 percent of the municipal population, the ordinance

19  shall be submitted to a separate vote of the registered

20  electors of the annexing municipality and of the area proposed

21  to be annexed. The referendum on annexation shall be called

22  and conducted and the expense thereof paid by the governing

23  body of the annexing municipality.

24         (a)  The referendum on annexation shall be held at the

25  next regularly scheduled election following the final adoption

26  of the ordinance of annexation by the governing body of the

27  annexing municipality or at a special election called for the

28  purpose of holding the referendum. However, the referendum,

29  whether held at a regularly scheduled election or at a special

30  election, shall not be held sooner than 30 days following the

31  final adoption of the ordinance by the governing body of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  annexing municipality.

 2         (b)  The governing body of the annexing municipality

 3  shall publish notice of the referendum on annexation at least

 4  once each week for 2 consecutive weeks immediately preceding

 5  the date of the referendum in a newspaper of general

 6  circulation in the area in which the referendum is to be held.

 7  The notice shall give the ordinance number, the time and

 8  places for the referendum, and a brief, general description of

 9  the area proposed to be annexed.  The description shall

10  include a map clearly showing the area and a statement that

11  the complete legal description by metes and bounds and the

12  ordinance can be obtained from the office of the city clerk.

13         (c)  On the day of the referendum on annexation there

14  shall be prominently displayed at each polling place a copy of

15  the ordinance of annexation and a description of the property

16  proposed to be annexed.  The description shall be by metes and

17  bounds and shall include a map clearly showing such area.

18         (d)  Ballots or mechanical voting devices used in the

19  referendum on annexation shall offer the choice "For

20  annexation of property described in ordinance number .... of

21  the City of ...." and "Against annexation of property

22  described in ordinance number .... of the City of ...." in

23  that order.

24         (e)  If the referendum is held only in the area

25  proposed to be annexed and receives a majority vote, or if the

26  ordinance is submitted to a separate vote of the registered

27  electors of the annexing municipality and the area proposed to

28  be annexed and there is a separate majority vote for

29  annexation in the annexing municipality and in the area

30  proposed to be annexed, the ordinance of annexation shall

31  become effective on the effective date specified therein. If

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  there is any majority vote against annexation, the ordinance

 2  shall not become effective, and the area proposed to be

 3  annexed shall not be the subject of an annexation ordinance by

 4  the annexing municipality for a period of 2 years from the

 5  date of the referendum on annexation.

 6         (3)  Any parcel of land which is owned by one

 7  individual, corporation, or legal entity, or owned

 8  collectively by one or more individuals, corporations, or

 9  legal entities, proposed to be annexed under the provisions of

10  this act shall not be severed, separated, divided, or

11  partitioned by the provisions of said ordinance, but shall, if

12  intended to be annexed, or if annexed, under the provisions of

13  this act, be annexed in its entirety and as a whole.  However,

14  nothing herein contained shall be construed as affecting the

15  validity or enforceability of any ordinance declaring an

16  intention to annex land under the existing law that has been

17  enacted by a municipality prior to July 1, 1975. The owner of

18  such property may waive the requirements of this subsection if

19  such owner does not desire all of the tract or parcel included

20  in said annexation.

21         (4)  Except as otherwise provided in this law, the

22  annexation procedure as set forth in this section shall

23  constitute a uniform method for the adoption of an ordinance

24  of annexation by the governing body of any municipality in

25  this state, and all existing provisions of special laws which

26  establish municipal annexation procedures are repealed hereby;

27  except that any provision or provisions of special law or laws

28  which prohibit annexation of territory that is separated from

29  the annexing municipality by a body of water or watercourse

30  shall not be repealed.

31         (5)  If more than 70 percent of the land in an area

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  proposed to be annexed is owned by individuals, corporations,

 2  or legal entities which are not registered electors of such

 3  area, such area shall not be annexed unless the owners of more

 4  than 50 percent of the land in such area consent to such

 5  annexation.  Such consent shall be obtained by the parties

 6  proposing the annexation prior to the referendum to be held on

 7  the annexation.

 8         (6)  Notwithstanding subsections (1) and (2), if the

 9  area proposed to be annexed does not have any registered

10  electors on the date the ordinance is finally adopted, a vote

11  of electors of the area proposed to be annexed is not

12  required. In addition to the requirements of subsection (5),

13  the area may not be annexed unless the owners of more than 50

14  percent of the parcels of land in the area proposed to be

15  annexed consent to the annexation. If the governing body does

16  not choose to hold a referendum of the annexing municipality

17  is not required as well pursuant to subsection (2), then the

18  property owner consents required pursuant to subsection (5)

19  shall be obtained by the parties proposing the annexation

20  prior to the final adoption of the ordinance, and the

21  annexation ordinance shall be effective upon becoming a law or

22  as otherwise provided in the ordinance.

23         Section 11.  Efficiency and accountability in local

24  government services.--

25         (1)  The intent of this section is to provide and

26  encourage a process that will:

27         (a)  Allow municipalities and counties to resolve

28  conflicts among local jurisdictions regarding the delivery and

29  financing of local services.

30         (b)  Increase local government efficiency and

31  accountability.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         (c)  Provide greater flexibility in the use of local

 2  revenue sources for local governments involved in the process.

 3         (2)  Any county or combination of counties, and the

 4  municipalities therein, may use the procedures provided by

 5  this section to develop and adopt a plan to improve the

 6  efficiency, accountability, and coordination of the delivery

 7  of local government services. The development of such a plan

 8  may be initiated by a resolution adopted by a majority vote of

 9  the governing body of each of the counties involved, by

10  resolutions adopted by a majority vote of the governing bodies

11  of a majority of the municipalities within each county, or by

12  resolutions adopted by a majority vote of the governing bodies

13  of the municipality or combination of municipalities

14  representing a majority of the municipal population of each

15  county. The resolution shall specify the representatives of

16  the county and municipal governments, of any affected special

17  districts, and of any relevant local government agencies who

18  will be responsible for developing the plan. The resolution

19  must include a proposed timetable for development of the plan

20  and must specify the local government support and personnel

21  services that will be made available to the representatives

22  developing the plan.

23         (3)  Upon adoption of a resolution or resolutions as

24  provided in subsection (2), the designated representatives

25  shall develop a plan for delivery of local government

26  services. The plan must:

27         (a)  Designate the areawide and local government

28  services that are the subject of the plan.

29         (b)  Describe the existing organization of such

30  services and the means of financing the services, and create a

31  reorganization of such services and the financing thereof that

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 1  will meet the goals of this section.

 2         (c)  Designate the local agency that should be

 3  responsible for the delivery of each service.

 4         (d)  Designate those services that should be delivered

 5  regionally or countywide. No provision of the plan shall

 6  operate to restrict the power of a municipality to finance and

 7  deliver services in addition to, or at a higher level than,

 8  the services designated for regional or countywide delivery

 9  under this paragraph.

10         (e)  Provide means to reduce the cost of providing

11  local services and enhance the accountability of service

12  providers.

13         (f)  Include a multiyear capital outlay plan for

14  infrastructure.

15         (g)  Specifically describe any expansion of municipal

16  boundaries that would further the goals of this section. Any

17  area proposed to be annexed must meet the standards for

18  annexation provided in chapter 171, Florida Statutes. The plan

19  shall not contain any provision for contraction of municipal

20  boundaries or elimination of any municipality.

21         (h)  Provide specific procedures for modification or

22  termination of the plan.

23         (i)  Specify the effective date of the plan.

24         (4)(a)  A plan developed pursuant to this section must

25  conform to all comprehensive plans that have been found to be

26  in compliance under part II of chapter 163, Florida Statutes,

27  for the local governments participating in the plan.

28         (b)  No provision of a plan developed pursuant to this

29  section shall restrict the authority of any state or regional

30  governmental agency to perform any duty required to be

31  performed by that agency by law.

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    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         (5)(a)  A plan developed pursuant to this section must

 2  be approved by a majority vote of the governing body of each

 3  county involved in the plan, and by a majority vote of the

 4  governing bodies of a majority of municipalities in each

 5  county, and by a majority vote of the governing bodies of the

 6  municipality or municipalities that represent a majority of

 7  the municipal population of each county.

 8         (b)  After approval by the county and municipal

 9  governing bodies as required by paragraph (a), the plan shall

10  be submitted for referendum approval in a countywide election

11  in each county involved. The plan shall not take effect unless

12  approved by a majority of the electors of each county who vote

13  in the referendum, and also by a majority of the electors of

14  the municipalities that represent a majority of the municipal

15  population of each county who vote in the referendum. If

16  approved by the electors as required by this paragraph, the

17  plan shall take effect on the date specified in the plan.

18         (6)  If a plan developed pursuant to this section

19  includes areas proposed for municipal annexation which meet

20  the standards for annexation provided in chapter 171, Florida

21  Statutes, such annexation shall take effect upon approval of

22  the plan as provided in this section, notwithstanding the

23  procedures for approval of municipal annexation specified in

24  chapter 171, Florida Statutes.

25         Section 12.  Section 420.630, Florida Statutes, is

26  created to read:

27         420.630  Short title.--Sections 420.630-420.635 may be

28  cited as the "Urban Homesteading Act."

29         Section 13.  Section 420.631, Florida Statutes, is

30  created to read:

31         420.631  Definitions.--As used in ss. 420.630-420.635,

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    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  the term:

 2         (1)  "Authority" or "housing authority" means any of

 3  the public corporations created under s. 421.04.

 4         (2)  "Community-based organization" or "nonprofit

 5  organization" means a private corporation that is organized

 6  under chapter 617 which assists in providing housing and

 7  related services on a not-for-profit basis and that is

 8  acceptable to federal, state, and local agencies and financial

 9  institutions as a sponsor of low-income housing.

10         (3)  "Department" means the Department of Community

11  Affairs.

12         (4)  "Homestead agreement" means a written contract

13  between a housing authority or community-based organization

14  and a qualified buyer which contains the terms under which the

15  qualified buyer may acquire the single-family housing

16  property.

17         (5)  "Nonprofit community organization" means an

18  organization that is exempt from taxation under s. 501(c)(3)

19  of the Internal Revenue Code of 1986, and that contracts with

20  a housing authority to administer an urban homesteading

21  program for single-family housing under ss. 420.630-420.635.

22         (6)  "Office" means the Office of Urban Opportunity

23  within the Office of Tourism, Trade, and Economic Development.

24         (7)  "Project" means a specific work or improvement,

25  including land, buildings, real and personal property, or any

26  interest therein, acquired, owned, constructed, reconstructed,

27  rehabilitated, or improved with the financial assistance of

28  the agency, including the construction of low-income and

29  moderate-income housing facilities and facilities incident or

30  appurtenant thereto, such as streets, sewers, utilities,

31  parks, site preparation, landscaping, and any other

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  administrative, community, and recreational facilities that

 2  the agency determines are necessary, convenient, or desirable

 3  appurtenances.

 4         (8)  "Qualified buyer" means a person who meets the

 5  criteria under s. 420.633.

 6         (9)  "Qualified loan rate" means an interest rate that

 7  does not exceed the interest rate charged for home improvement

 8  loans by the Federal Housing Administration under Title I of

 9  the National Housing Act; chapter 847; 48 Stat. 1246; or 12

10  U.S.C. ss. 1702, 1703, 1705, and 1706b et seq.

11         Section 14.  Section 420.632, Florida Statutes, is

12  created to read:

13         420.632  Authority to operate.--By resolution, subject

14  to federal and state law, and in consultation with the Office

15  of Urban Opportunity, a housing authority or a nonprofit

16  community organization appointed by the housing authority may

17  operate a program that makes foreclosed single-family housing

18  properties available to eligible buyers to purchase. This

19  urban homesteading program is intended to be one component of

20  a comprehensive urban-core redevelopment initiative known as

21  Front Porch Florida, implemented by the Office of Urban

22  Opportunity.

23         Section 15.  Section 420.633, Florida Statutes, is

24  created to read:

25         420.633  Eligibility.--An applicant is eligible to

26  enter into a homestead agreement to acquire single-family

27  housing property as a qualified buyer under ss.

28  420.630-420.635, if:

29         (1)  The applicant or his or her spouse is employed and

30  has been employed for the immediately preceding 12 months;

31         (2)  The applicant or his or her spouse has not been

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  convicted of a drug-related felony within the immediately

 2  preceding 3 years;

 3         (3)  All school-age children of the applicant or his or

 4  her spouse who will reside in the single-family housing

 5  property attend school regularly; and

 6         (4)  The applicant and his or her spouse have incomes

 7  below the median for the state, as determined by the United

 8  States Department of Housing and Urban Development, for

 9  families with the same number of family members as the

10  applicant and his or her spouse.

11         Section 16.  Section 420.634, Florida Statutes, is

12  created to read:

13         420.634  Application process.--

14         (1)  A qualified buyer may apply to the housing

15  authority or a nonprofit community organization appointed by

16  the housing authority to acquire the single-family housing

17  property. The application must be in a form and in a manner

18  provided by the housing authority or nonprofit community

19  organization appointed by the housing authority. If the

20  application is approved, the qualified buyer and housing

21  authority or nonprofit community organization appointed by the

22  housing authority shall enter into a homestead agreement for

23  the single-family housing property. The housing authority or

24  nonprofit community organization appointed by the housing

25  authority may add additional terms and conditions to the

26  homestead agreement.

27         (2)  The housing authority or nonprofit community

28  organization appointed by the housing authority shall deed or

29  cause to be deeded the single-family housing property to the

30  qualified buyer for $1 if the qualified buyer:

31         (a)  Is in compliance with the terms of the homestead

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  agreement for at least 5 years or has resided in the

 2  single-family housing property before the housing authority or

 3  nonprofit community organization appointed by the housing

 4  authority adopts the urban homesteading program;

 5         (b)  Resides in that property for at least 5 years;

 6         (c)  Meets the criteria in the homestead agreement; and

 7         (d)  Has otherwise promptly met his or her financial

 8  obligations with the housing commission.

 9

10  However, if the housing authority has received federal funds

11  for which bonds or notes were issued and those bonds or notes

12  are outstanding for that housing project, the housing

13  authority shall deed the property to the qualified buyer only

14  upon payment of the pro rata share of the bonded debt on that

15  specific property by the qualified buyer. The housing

16  authority shall obtain the appropriate releases from the

17  holders of the bonds or notes.

18         Section 17.  Section 420.635, Florida Statutes, is

19  created to read:

20         420.635  Loans to qualified buyers.--Contingent upon an

21  appropriation, the department, in consultation with the Office

22  of Urban Opportunity, shall provide loans to qualified buyers

23  who are required to pay the pro rata portion of the bonded

24  debt on the single-family housing. Loans provided under this

25  section shall be made at a rate of interest which may not

26  exceed the qualified loan rate. A buyer must maintain the

27  qualifications specified in s. 420.633 for the full term of

28  the loan. The loan agreement may contain additional terms and

29  conditions as determined by the department.

30         Section 18.  The sum of $5 million is appropriated from

31  the General Revenue Fund to the Florida Housing Finance

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  Corporation for the purpose of funding the Urban Infill and

 2  Redevelopment Grant Program under section 162.2523, Florida

 3  Statutes.

 4         Section 19.  Subsection (1) of section 196.1975,

 5  Florida Statutes, is amended to read:

 6         196.1975  Exemption for property used by nonprofit

 7  homes for the aged.--Nonprofit homes for the aged are exempt

 8  to the extent that they meet the following criteria:

 9         (1)  The applicant must be a corporation not for profit

10  that has been exempt as of January 1 of the year for which

11  exemption from ad valorem property taxes is requested from

12  federal income taxation by having qualified as an exempt

13  charitable organization under the provisions of s. 501(c)(3)

14  of the Internal Revenue Code of 1954 or of the corresponding

15  section of a subsequently enacted federal revenue act.  A

16  corporation will not be disqualified under this subsection if,

17  for purposes of allocating tax credits, under s. 42(h)(5) of

18  the Internal Revenue Code of 1986, by the Florida Housing

19  Finance Agency as defined by s. 420.0004(4), the property is

20  leased to or owned by a Florida limited partnership, the sole

21  general partner of which is the nonprofit corporation, and the

22  home for the aged was in existence or under construction on or

23  before April 1, 1995.

24         Section 20.  Section 196.1978, Florida Statutes, is

25  created to read:

26         196.1978  Low-income housing property

27  exemption.--Property used to provide housing pursuant to any

28  state housing program authorized under chapter 42 or part IV

29  of chapter 159 for persons defined under s. 420.0004 or s.

30  159.603(f) which property is owned entirely by a nonprofit

31  corporation which is qualified as charitable under s.

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  501(c)(3) of the Internal Revenue Code and which complies with

 2  Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered

 3  property owned by an exempt entity and used for a charitable

 4  purpose, and such property shall be exempt from ad valorem

 5  taxation. All property identified in this section shall comply

 6  with the criteria for determination of nonprofit status to be

 7  applied by property appraisers on an annual basis as defined

 8  in s. 196.195.

 9         Section 21.  Subsection (2) of section 170.201, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         170.201  Special assessments.--

12         (2)  Property owned or occupied by a religious

13  institution and used as a place of worship or education; by a

14  public or private elementary, middle, or high school; or by a

15  governmentally financed, insured, or subsidized housing

16  facility that is used primarily for persons who are elderly or

17  disabled shall be exempt from any special assessment levied by

18  a municipality to fund any service emergency medical services

19  if the municipality so desires.  As used in this subsection,

20  the term "religious institution" means any church, synagogue,

21  or other established physical place for worship at which

22  nonprofit religious services and activities are regularly

23  conducted and carried on and the term "governmentally

24  financed, insured, or subsidized housing facility" means a

25  facility that is financed by a mortgage loan made or insured

26  by the United States Department of Housing and Urban

27  Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 232,

28  or s. 236 of the National Housing Act and is owned or operated

29  by an entity that qualifies as an exempt charitable

30  organization under s. 501(c)(3) of the Internal Revenue Code.

31         Section 22.  Section 220.185, Florida Statutes, is

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  created to read:

 2         220.185  State housing tax credit.--

 3         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

 4         (a)  There exist within the urban areas of the state

 5  conditions of blight evidenced by extensive deterioration of

 6  public and private facilities, abandonment of sound

 7  structures, and high unemployment, and these conditions impede

 8  the conservation and development of healthy, safe, and

 9  economically viable communities.

10         (b)  Deterioration of housing and industrial,

11  commercial, and public facilities contributes to the decline

12  of neighborhoods and communities and leads to the loss of

13  their historic character and the sense of community which this

14  inspires; reduces the value of property comprising the tax

15  base of local communities; discourages private investment; and

16  requires a disproportionate expenditure of public funds for

17  the social services, unemployment benefits, and police

18  protection required to combat the social and economic problems

19  found in urban communities.

20         (c)  In order to ultimately restore social and economic

21  viability to urban areas, it is necessary to renovate or

22  construct new infrastructure and housing, including housing

23  specifically targeted for the elderly, and to specifically

24  provide mechanisms to attract and encourage private economic

25  activity.

26         (d)  The various local governments and other

27  redevelopment organizations now undertaking physical

28  revitalization projects and new housing developments in urban

29  areas are limited by tightly constrained budgets and

30  inadequate resources.

31         (e)  In order to significantly improve revitalization

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  efforts by local governments and community development

 2  organizations and to retain as much of the historic character

 3  of our communities as possible, it is necessary to provide

 4  additional resources, and the participation of private

 5  enterprise in revitalization efforts is an effective means for

 6  accomplishing that goal.

 7         (2)  POLICY AND PURPOSE.--It is the policy of this

 8  state to encourage the participation of private corporations

 9  in revitalization projects within urban areas. The purpose of

10  this section is to provide an incentive for such participation

11  by granting state corporate income tax credits to qualified

12  low-income housing projects, including housing specifically

13  designed for the elderly, and associated mixed-use projects.

14  The Legislature thus declares this a public purpose for which

15  public money may be borrowed, expended, loaned, and granted.

16         (3)  DEFINITIONS.--As used in this section, the term:

17         (a)  "Credit period" means the period of 5 years

18  beginning with the year the project is completed.

19         (b)  "Eligible basis" means a project's adjusted basis

20  of the housing portion of the qualified project as of the

21  close of the first taxable year of the credit period.

22         (c)  "Adjusted basis" means the owner's adjusted basis

23  in the project, calculated in a manner consistent with the

24  calculation of basis under the Internal Revenue Code, taking

25  into account the adjusted basis of property of a character

26  subject to the allowance for depreciation used in common areas

27  or provided as comparable amenities to the entire project.

28         (d)  "Designated project" means a qualified project

29  designated pursuant to s. 420.5093 to receive the tax credit

30  under this section.

31         (e)  "Qualified project" means a project located in an

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  urban infill area, at least 50 percent of which, on a cost

 2  basis, consists of a qualified low-income project within the

 3  meaning of s. 42(g) of the Internal Revenue Code, including

 4  such projects designed specifically for the elderly but

 5  excluding any income restrictions imposed pursuant to s. 42(g)

 6  of the Internal Revenue Code upon residents of the project

 7  unless such restrictions are otherwise established by the

 8  Florida Housing Finance Corporation pursuant to s. 420.5093,

 9  and the remainder of which constitutes commercial or

10  single-family residential development consistent with and

11  serving to complement the qualified low-income project.

12         (f)  "Urban infill area" means an area designated for

13  urban infill as defined by s. 163.3164 or as defined through a

14  statewide urban infill study solicited and approved by the

15  Board of Directors of the Florida Housing Finance Corporation.

16         (4)  AUTHORIZATION TO GRANT STATE HOUSING TAX CREDITS;

17  LIMITATION.--

18         (a)  There shall be allowed a credit of up to 9

19  percent, but no more than necessary to make the project

20  feasible, of the eligible basis of any designated project for

21  each year of the credit period against any tax due for a

22  taxable year under this chapter.

23         (b)  The total amount of tax credit which may be

24  granted for all projects approved under this section is $5

25  million annually, for each of 5 years.

26         (c)  The tax credit shall be allocated among designated

27  projects by the Florida Housing Finance Corporation as

28  provided in s. 420.5093.

29         (d)  Each designated project must comply with the

30  applicable provisions of s. 42 of the Internal Revenue Code

31  with respect to the multifamily residential rental housing

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  element of the project, including specifically the provisions

 2  of s. 42(h)(6).

 3         (e)  A tax credit shall be allocated to a designated

 4  project and shall not be subject to transfer by the recipient

 5  unless the transferee is also an owner of the designated

 6  project.

 7         Section 23.  Section 420.5093, Florida Statutes, is

 8  created to read:

 9         420.5093  State Housing Tax Credit Program.--

10         (1)  There is created the State Housing Tax Credit

11  Program for the purposes of stimulating creative private

12  sector initiatives to increase the supply of affordable

13  housing in urban areas, including specifically housing for the

14  elderly, and to provide associated commercial facilities

15  associated with such housing facilities.

16         (2)  The Florida Housing Finance Corporation shall

17  determine those qualified projects which shall be considered

18  designated projects under s. 220.185 and eligible for the

19  corporate tax credit under that section. The corporation shall

20  establish procedures necessary for proper allocation and

21  distribution of state housing tax credits, including the

22  establishment of criteria for any single-family or commercial

23  component of a project, and may exercise all powers necessary

24  to administer the allocation of such credits. The board of

25  directors of the corporation shall administer the allocation

26  procedures and determine allocations on behalf of the

27  corporation. The corporation shall prepare an annual plan,

28  which must be approved by the Governor, containing general

29  guidelines for the allocation and distribution of credits to

30  designated projects.

31         (3)  The corporation shall adopt allocation procedures

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  that will ensure the maximum use of available tax credits in

 2  order to encourage development of low-income housing and

 3  associated mixed-use projects in urban areas, taking into

 4  consideration the timeliness of the application, the location

 5  of the proposed project, the relative need in the area of

 6  revitalization and low-income housing and the availability of

 7  such housing, the economic feasibility of the project, and the

 8  ability of the applicant to proceed to completion of the

 9  project in the calendar year for which the credit is sought.

10         (4)(a)  A taxpayer who wishes to participate in the

11  State Housing Tax Credit Program must submit an application

12  for tax credit to the corporation. The application shall

13  identify the project and its location and include evidence

14  that the project is a qualified project as defined in s.

15  220.185. The corporation may request any information from an

16  applicant necessary to enable the corporation to make tax

17  credit allocations according to the guidelines set forth in

18  subsection (3).

19         (b)  The corporation's approval of an applicant as a

20  designated project shall be in writing and shall include a

21  statement of the maximum credit allowable to the applicant. A

22  copy of this approval shall be transmitted to the executive

23  director of the Department of Revenue, who shall apply the tax

24  credit to the tax liability of the applicant.

25         (5)  For purposes of implementing this program and

26  assessing the property for ad valorem taxation under s.

27  193.011, neither the tax credits nor financing generated by

28  tax credits shall be considered as income to the property, and

29  the rental income from rent-restricted units in a state

30  housing tax credit development shall be recognized by the

31  property appraiser.

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         (6)  The corporation is authorized to expend fees

 2  received in conjunction with the allocation of state housing

 3  tax credits only for the purpose of administration of the

 4  program, including private legal services which relate to

 5  interpretation of s. 42 of the Internal Revenue Code.

 6         Section 24.  Subsection (19) of section 420.503,

 7  Florida Statutes, 1998 Supplement, is amended to read:

 8         420.503  Definitions.--As used in this part, the term:

 9         (19)  "Housing for the elderly" means, for purposes of

10  s. 420.5087(3)(c)2., any nonprofit housing community that is

11  financed by a mortgage loan made or insured by the United

12  States Department of Housing and Urban Development under s.

13  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

14  236 of the National Housing Act, as amended, and that is

15  subject to income limitations established by the United States

16  Department of Housing and Urban Development, or any program

17  funded by the Rural Development Agency of the United States

18  Department of Agriculture and subject to income limitations

19  established by the United States Department of Agriculture. A

20  project which qualifies for an exemption under the Fair

21  Housing Act as housing for older persons as defined by s.

22  760.29(4) shall qualify as housing for the elderly for

23  purposes of s. 420.5087(3)(c)2. In addition, if the

24  corporation adopts a qualified allocation plan pursuant to s.

25  42(m)(1)(B) of the Internal Revenue Code or any other rules

26  that prioritize projects targeting the elderly for purposes of

27  allocating tax credits pursuant to s. 420.5099 or for purposes

28  of the HOME program under s. 420.5089, a project which

29  qualifies for an exemption under the Fair Housing Act as

30  housing for older persons as defined by s. 760.29(4) shall

31  qualify as a project targeted for the elderly, if the project

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  satisfies the other requirements set forth in this part.

 2         Section 25.  Subsections (1) and (5) of section

 3  420.5087, Florida Statutes, 1998 Supplement, are amended to

 4  read:

 5         420.5087  State Apartment Incentive Loan

 6  Program.--There is hereby created the State Apartment

 7  Incentive Loan Program for the purpose of providing first,

 8  second, or other subordinated mortgage loans or loan

 9  guarantees to sponsors, including for-profit, nonprofit, and

10  public entities, to provide housing affordable to

11  very-low-income persons.

12         (1)  Program funds shall be distributed over successive

13  3-year periods in a manner that meets the need and demand for

14  very-low-income housing throughout the state.  That need and

15  demand must be determined by using the most recent statewide

16  low-income rental housing market studies available at the

17  beginning of each 3-year period.  However, at least 10 percent

18  of the program funds distributed during a 3-year period must

19  be allocated to each of the following categories of counties,

20  as determined by using the population statistics published in

21  the most recent edition of the Florida Statistical Abstract:

22         (a)  Counties that have a population of more than

23  500,000 people;

24         (b)  Counties that have a population between 100,000

25  and 500,000 people; and

26         (c)  Counties that have a population of 100,000 or

27  less.

28

29  Any increase in funding required to reach the 10-percent

30  minimum shall be taken from the county category that has the

31  largest allocation. The corporation shall adopt rules which

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1  establish an equitable process for distributing any portion of

 2  the 10 percent of program funds allocated to the county

 3  categories specified in this subsection which remains

 4  unallocated at the end of a 3-year period.  Counties that have

 5  a population of 100,000 or less shall be given preference

 6  under these rules.

 7         (5)  The amount of the mortgage provided under this

 8  program combined with any other mortgage in a superior

 9  position shall be less than the value of the project without

10  the housing set-aside required by subsection (2). However, the

11  corporation may waive this requirement for projects in rural

12  areas or urban infill areas which have market rate rents that

13  are less than the allowable rents pursuant to applicable state

14  and federal guidelines. In no event shall the mortgage

15  provided under this program combined with any other mortgage

16  in a superior position exceed total project cost.

17

18  (Redesignate subsequent sections.)

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 2, line 7, through

24            page 4, line 17, delete those lines

25

26  and insert:

27         amending s. 380.06, F.S., relating to

28         developments of regional impact; increasing

29         certain numerical standards for determining a

30         substantial deviation for projects located in

31         certain urban infill and redevelopment areas;

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         amending ss. 163.3220, 163.3221, F.S.; revising

 2         legislative intent with respect to the Florida

 3         Local Government Development Agreement Act to

 4         include intent with respect to certain

 5         assurance to a developer upon receipt of a

 6         brownfield designation; amending s. 163.375,

 7         F.S.; authorizing acquisition by eminent domain

 8         of property in unincorporated enclaves

 9         surrounded by a community redevelopment area

10         when necessary to accomplish a community

11         development plan; amending s. 165.041, F.S.;

12         providing that the incorporation feasibility

13         study be submitted to the Legislature;

14         specifying requirements for the feasibility

15         study; amending s. 171.0413, F.S., relating to

16         municipal annexation procedures; requiring

17         public hearings; deleting a requirement that a

18         separate referendum be held in the annexing

19         municipality when the annexation exceeds a

20         certain size and providing that the governing

21         body may choose to hold such a referendum;

22         providing procedures by which a county or

23         combination of counties and the municipalities

24         therein may develop and adopt a plan to improve

25         the efficiency, accountability, and

26         coordination of the delivery of local

27         government services; providing for initiation

28         of the process by resolution; providing

29         requirements for the plan; requiring approval

30         by the local governments' governing bodies and

31         by referendum; authorizing municipal annexation

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         through such plan; creating s. 420.630, F.S.;

 2         creating the Urban Homesteading Act; creating

 3         s. 420.631, F.S.; providing definitions;

 4         creating s. 420.632, F.S.; authorizing housing

 5         authorities or nonprofit community

 6         organizations appointed by the housing

 7         authority to operate a program to make

 8         foreclosed single-family housing available to

 9         purchase by certain qualified buyers; creating

10         s. 420.633, F.S.; providing eligibility

11         requirements for entering into a homestead

12         agreement to acquire such housing; creating s.

13         420.634, F.S.; providing an application

14         process; providing requirements for deeding the

15         property to the qualified buyer; creating s.

16         420.635, F.S.; providing for the Department of

17         Community Affairs to make loans to qualified

18         buyers, contingent upon an appropriation;

19         providing requirements for the loan agreement;

20         providing an appropriation; amending s.

21         195.1975, F.S.; amending criteria for exempting

22         property used by nonprofit homes for the aged

23         from ad valorem taxes; creating s. 196.1978,

24         F.S.; providing that property used to provide

25         housing for persons with incomes defined under

26         ch. 420, F.S., and owned by certain nonprofit

27         corporations, is exempt from ad valorem

28         taxation; providing for retroactive

29         application; amending s. 170.201, F.S.;

30         granting municipalities the option of exempting

31         certain nonprofit housing from special

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





 1         assessments from any service; creating ss.

 2         220.185 and 420.5093, F.S.; creating the State

 3         Housing Tax Credit Program; providing

 4         legislative findings and policy; providing

 5         definitions; providing for a credit against the

 6         corporate income tax in an amount equal to a

 7         percentage of the eligible basis of certain

 8         housing projects; providing a limitation;

 9         providing for allocation of credits and

10         administration by the Florida Housing Finance

11         Corporation; providing for an annual plan;

12         providing application procedures; providing

13         that neither tax credits nor financing

14         generated thereby shall be considered income

15         for ad valorem tax purposes; providing for

16         recognition of certain income by the property

17         appraiser; amending s. 420.503, F.S.; providing

18         that certain projects shall qualify as housing

19         for the elderly for purposes of certain loans

20         under the State Apartment Incentive Loan

21         Program, and shall qualify as a project

22         targeted for the elderly in connection with

23         allocation of low-income housing tax credits

24         and with the HOME program under certain

25         conditions; amending s. 420.5087, F.S.;

26         directing the Florida Housing Finance

27         Corporation to adopt rules for the equitable

28         distribution of certain unallocated funds under

29         the State Apartment Incentive Loan Program;

30         allowing the corporation to waive certain

31         limitations on the amount of a mortgage which

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1078 & 1438

    Amendment No.    





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