| 1 | A bill to be entitled | 
| 2 | An act relating to affordable housing; providing a popular | 
| 3 | name; creating s. 193.017, F.S.; providing for a low- | 
| 4 | income housing tax credit for certain property used for | 
| 5 | affordable housing; providing criteria, restrictions, and | 
| 6 | limitations; amending s. 212.08, F.S.; requiring the | 
| 7 | Office of Tourism, Trade, and Economic Development to | 
| 8 | reserve portions of certain annual tax credits for | 
| 9 | eligible sponsors of certain low-income housing projects; | 
| 10 | providing requirements, criteria, and limitations; | 
| 11 | extending an expiration date; amending s. 220.03, F.S.; | 
| 12 | revising a definition to delete a provision authorizing | 
| 13 | the office to reserve certain portions of available annual | 
| 14 | tax credits for certain low-income housing purposes; | 
| 15 | extending an expiration date; amending s. 220.183, F.S.; | 
| 16 | increasing the amount of available annual community | 
| 17 | contribution tax credits; revising eligibility criteria; | 
| 18 | requiring the Office of Tourism, Trade, and Economic | 
| 19 | Development to reserve portions of certain annual tax | 
| 20 | credits for eligible sponsors of certain low-income | 
| 21 | housing projects; providing requirements, criteria, and | 
| 22 | limitations; extending an expiration date; amending s. | 
| 23 | 253.034, F.S.; including affordable housing under | 
| 24 | provisions governing permittable uses of certain surplus | 
| 25 | state-owned lands; amending s. 420.0003, F.S.; providing | 
| 26 | additional criteria for the affordable housing delivery | 
| 27 | system under the state housing strategy; amending s. | 
| 28 | 420.507, F.S.; revising powers of the Florida Housing | 
| 29 | Finance Corporation to provide additional criteria and | 
| 30 | requirements for certain housing projects; providing | 
| 31 | additional powers to promote single family homeownership, | 
| 32 | implement a program to provide financial assistance toward | 
| 33 | purchasing a home, establish a program of incentives to | 
| 34 | defer, reduce, or waive impact fees for certain persons | 
| 35 | for certain purposes, and establish requirements for | 
| 36 | reporting certain information relating to programs of the | 
| 37 | corporation; amending s. 420.508, F.S.; providing the | 
| 38 | corporation with special powers to provide for master | 
| 39 | lease agreements for farmworker housing developments for | 
| 40 | certain purposes; amending s. 420.5087, F.S.; increasing a | 
| 41 | cap for loans per housing community for the elderly; | 
| 42 | revising a criterion for state apartment incentive loans; | 
| 43 | amending s. 420.511, F.S.; providing additional | 
| 44 | requirements for an annual report by the corporation; | 
| 45 | amending s. 420.5092, F.S.; requiring the corporation to | 
| 46 | provide an annual assessment report of the Florida | 
| 47 | Affordable Housing Guarantee Program; amending s. 420.517, | 
| 48 | F.S.; requiring the corporation to coordinate the | 
| 49 | provision of affordable housing and support services for | 
| 50 | low-income residents; providing for state and regional | 
| 51 | partnerships for such purposes; providing reporting | 
| 52 | requirements; amending s. 420.9072, F.S.; providing | 
| 53 | additional legislative intent relating to local government | 
| 54 | affordable housing advisory committees; amending s. | 
| 55 | 420.9075, F.S.; prohibiting local governments from setting | 
| 56 | maximum sales prices below certain amounts; providing a | 
| 57 | limitation; amending s. 420.9076, F.S.; providing for a | 
| 58 | minimum number of affordable housing advisory committee | 
| 59 | members; providing a criterion for additional members; | 
| 60 | requiring counties and municipalities participating in the | 
| 61 | State Housing Initiative Partnership Program to maintain | 
| 62 | an operational advisory committee; providing additional | 
| 63 | recommendation requirements for such advisory committees; | 
| 64 | amending s. 421.02, F.S.; revising a legislative | 
| 65 | declaration relating to blighted areas; amending s. | 
| 66 | 421.08, F.S.; authorizing certain housing authorities to | 
| 67 | create business entities for certain purposes; providing | 
| 68 | requirements and limitations; authorizing such authorities | 
| 69 | to provide for per diem, travel, and other expenses; | 
| 70 | amending s. 421.09, F.S.; providing construction; amending | 
| 71 | s. 421.23, F.S.; revising a limitation on financial | 
| 72 | liabilities of such authorities; amending s. 624.5105, | 
| 73 | F.S.; increasing the amount of available annual community | 
| 74 | contribution tax credits; revising eligibility criteria; | 
| 75 | requiring the Office of Tourism, Trade, and Economic | 
| 76 | Development to reserve portions of certain annual tax | 
| 77 | credits for eligible sponsors of certain low-income | 
| 78 | housing projects; providing requirements, criteria, and | 
| 79 | limitations; extending an expiration date; repealing s. | 
| 80 | 421.54, F.S., relating to housing authorities in Orange | 
| 81 | County and Seminole County; providing appropriations; | 
| 82 | providing an effective date. | 
| 83 | 
 | 
| 84 | Be It Enacted by the Legislature of the State of Florida: | 
| 85 | 
 | 
| 86 | Section 1.  This act may be referred to by the popular name | 
| 87 | the "Florida Homeownership Act of 2004." | 
| 88 | Section 2.  Section 193.017, Florida Statutes, is created | 
| 89 | to read: | 
| 90 | 193.017  Low-income housing tax credit.--Property used for | 
| 91 | affordable housing which has received a low-income housing tax | 
| 92 | credit from the Florida Housing Finance Corporation, as | 
| 93 | authorized by s. 420.5099, shall be assessed under s. 193.011 | 
| 94 | and consistent with s. 420.5099(5) and (6), pursuant to this | 
| 95 | section. | 
| 96 | (1)  The tax credits and the financing generated by the | 
| 97 | tax credits may not be considered as income to the property. | 
| 98 | (2)  The actual rental income from rent-restricted units | 
| 99 | in such a property shall be recognized by the property | 
| 100 | appraiser. | 
| 101 | (3)  Any costs paid for by tax credits and costs paid for | 
| 102 | by additional financing proceeds received under chapter 420 may | 
| 103 | not be included in the valuation of the property. | 
| 104 | (4)  If an extended low-income housing agreement is filed | 
| 105 | in the official public records of the county in which the | 
| 106 | property is located, the agreement and any recorded amendment | 
| 107 | or supplement thereto shall be considered a land use regulation | 
| 108 | and a limitation on the highest and best use of the property | 
| 109 | during the term of the agreement, amendment, or supplement. | 
| 110 | Section 3.  Paragraph (q) of subsection (5) of section | 
| 111 | 212.08, Florida Statutes, is amended to read: | 
| 112 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 113 | storage tax; specified exemptions.--The sale at retail, the | 
| 114 | rental, the use, the consumption, the distribution, and the | 
| 115 | storage to be used or consumed in this state of the following | 
| 116 | are hereby specifically exempt from the tax imposed by this | 
| 117 | chapter. | 
| 118 | (5)  EXEMPTIONS; ACCOUNT OF USE.-- | 
| 119 | (q)  Community contribution tax credit for donations.-- | 
| 120 | 1.  Authorization.--Beginning July 1, 2001, persons who are | 
| 121 | registered with the department under s. 212.18 to collect or | 
| 122 | remit sales or use tax and who make donations to eligible | 
| 123 | sponsors are eligible for tax credits against their state sales | 
| 124 | and use tax liabilities as provided in this paragraph: | 
| 125 | a.  The credit shall be computed as 50 percent of the | 
| 126 | person's approved annual community contribution; | 
| 127 | b.  The credit shall be granted as a refund against state | 
| 128 | sales and use taxes reported on returns and remitted in the 12 | 
| 129 | months preceding the date of application to the department for | 
| 130 | the credit as required in sub-subparagraph 3.c. If the annual | 
| 131 | credit is not fully used through such refund because of | 
| 132 | insufficient tax payments during the applicable 12-month period, | 
| 133 | the unused amount may be included in an application for a refund | 
| 134 | made pursuant to sub-subparagraph 3.c. in subsequent years | 
| 135 | against the total tax payments made for such year. Carryover | 
| 136 | credits may be applied for a 3-year period without regard to any | 
| 137 | time limitation that would otherwise apply under s. 215.26; | 
| 138 | c.  No person shall receive more than $200,000 in annual | 
| 139 | tax credits for all approved community contributions made in any | 
| 140 | one year; | 
| 141 | d.  All proposals for the granting of the tax credit shall | 
| 142 | require the prior approval of the Office of Tourism, Trade, and | 
| 143 | Economic Development; | 
| 144 | e.  The total amount of tax credits which may be granted | 
| 145 | for all programs approved under this paragraph, s. 220.183, and | 
| 146 | s. 624.5105 is $20 $10million annually; and | 
| 147 | f.  A person who is eligible to receive the credit provided | 
| 148 | for in this paragraph, s. 220.183, or s. 624.5105 may receive | 
| 149 | the credit only under the one section of the person's choice. | 
| 150 | 2.  Eligibility requirements.-- | 
| 151 | a.  A community contribution by a person must be in the | 
| 152 | following form: | 
| 153 | (I)  Cash or other liquid assets; | 
| 154 | (II)  Real property; | 
| 155 | (III)  Goods or inventory; or | 
| 156 | (IV)  Other physical resources as identified by the Office | 
| 157 | of Tourism, Trade, and Economic Development. | 
| 158 | b.  All community contributions must be reserved | 
| 159 | exclusively for use in a project. As used in this sub- | 
| 160 | subparagraph, the term "project" means any activity undertaken | 
| 161 | by an eligible sponsor which is designed to construct, improve, | 
| 162 | or substantially rehabilitate housing that is affordable to low- | 
| 163 | income or very-low-income households as defined in s. | 
| 164 | 420.9071(19) and (28); designed to provide commercial, | 
| 165 | industrial, or public resources and facilities; or designed to | 
| 166 | improve entrepreneurial and job-development opportunities for | 
| 167 | low-income persons. A project may be the investment necessary to | 
| 168 | increase access to high-speed broadband capability in rural | 
| 169 | communities with enterprise zones, including projects that | 
| 170 | result in improvements to communications assets that are owned | 
| 171 | by a business. A project may include the provision of museum | 
| 172 | educational programs and materials that are directly related to | 
| 173 | any project approved between January 1, 1996, and December 31, | 
| 174 | 1999, and located in an enterprise zone as referenced in s. | 
| 175 | 290.00675. This paragraph does not preclude projects that | 
| 176 | propose to construct or rehabilitate housing for low-income or | 
| 177 | very-low-income households on scattered sites. The Office of | 
| 178 | Tourism, Trade, and Economic Development may reserve up to 50 | 
| 179 | percent of the available annual tax credits for housing for | 
| 180 | very-low-income households pursuant to s. 420.9071(28) for the | 
| 181 | first 6 months of the fiscal year.With respect to housing, | 
| 182 | contributions may be used to pay the following eligible low- | 
| 183 | income and very-low-income housing-related activities: | 
| 184 | (I)  Project development impact and management fees for | 
| 185 | low-income or very-low-income housing projects; | 
| 186 | (II)  Down payment and closing costs for eligible persons, | 
| 187 | as defined in s. 420.9071(19) and (28); | 
| 188 | (III)  Administrative costs, including housing counseling | 
| 189 | and marketing fees, not to exceed 10 percent of the community | 
| 190 | contribution, directly related to low-income or very-low-income | 
| 191 | projects; and | 
| 192 | (IV)  Removal of liens recorded against residential | 
| 193 | property by municipal, county, or special district local | 
| 194 | governments when satisfaction of the lien is a necessary | 
| 195 | precedent to the transfer of the property to an eligible person, | 
| 196 | as defined in s. 420.9071(19) and (28), for the purpose of | 
| 197 | promoting home ownership. Contributions for lien removal must be | 
| 198 | received from a nonrelated third party. | 
| 199 | c.  The project must be undertaken by an "eligible | 
| 200 | sponsor," which includes: | 
| 201 | (I)  A community action program; | 
| 202 | (II)  A nonprofit community-based development organization | 
| 203 | whose mission is the provision of housing for low-income or | 
| 204 | very-low-income households or increasing entrepreneurial and | 
| 205 | job-development opportunities for low-income persons; | 
| 206 | (III)  A neighborhood housing services corporation; | 
| 207 | (IV)  A local housing authority created under chapter 421; | 
| 208 | (V)  A community redevelopment agency created under s. | 
| 209 | 163.356; | 
| 210 | (VI)  The Florida Industrial Development Corporation; | 
| 211 | (VII)  A historic preservation district agency or | 
| 212 | organization; | 
| 213 | (VIII)  A regional workforce board; | 
| 214 | (IX)  A direct-support organization as provided in s. | 
| 215 | 1009.983; | 
| 216 | (X)  An enterprise zone development agency created under s. | 
| 217 | 290.0056; | 
| 218 | (XI)  A community-based organization incorporated under | 
| 219 | chapter 617 which is recognized as educational, charitable, or | 
| 220 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code | 
| 221 | and whose bylaws and articles of incorporation include | 
| 222 | affordable housing, economic development, or community | 
| 223 | development as the primary mission of the corporation; | 
| 224 | (XII)  Units of local government; | 
| 225 | (XIII)  Units of state government; or | 
| 226 | (XIV)  Any other agency that the Office of Tourism, Trade, | 
| 227 | and Economic Development designates by rule. | 
| 228 | 
 | 
| 229 | In no event may a contributing person have a financial interest | 
| 230 | in the eligible sponsor. | 
| 231 | d.  The project must be located in an area designated an | 
| 232 | enterprise zone or a Front Porch Florida Community pursuant to | 
| 233 | s. 14.2015(9)(b), unless the project increases access to high- | 
| 234 | speed broadband capability for rural communities with enterprise | 
| 235 | zones but is physically located outside the designated rural | 
| 236 | zone boundaries. Any project designed to construct or | 
| 237 | rehabilitate housing for low-income or very-low-income | 
| 238 | households as defined in s. 420.0971(19) and (28) is exempt from | 
| 239 | the area requirement of this sub-subparagraph. | 
| 240 | e.(I)  The Office of Tourism, Trade, and Economic | 
| 241 | Development shall reserve 80 percent of the available annual | 
| 242 | tax credits for donations made to eligible sponsors for | 
| 243 | projects that provide homeownership opportunities to low-income | 
| 244 | or very-low-income households pursuant to s. 420.9071(19) and | 
| 245 | (28) for the first 2 months of the fiscal year. If less than 80 | 
| 246 | percent of the annual tax credits for donations made to | 
| 247 | eligible sponsors for projects for low-income or very-low- | 
| 248 | income households are approved within the first 2 months of the | 
| 249 | fiscal year, the office may approve the balance of approved | 
| 250 | credits for donations made to eligible sponsors for projects | 
| 251 | other than those that provide homeownership opportunities for | 
| 252 | low-income or very-low-income households. | 
| 253 | (II)  The office shall reserve 20 percent of the available | 
| 254 | annual tax credits for donations made to eligible sponsors for | 
| 255 | projects other than those that provide homeownership | 
| 256 | opportunities for low-income or very-low-income households | 
| 257 | pursuant to s. 420.9071(19) and (28) for the first 2 months of | 
| 258 | the fiscal year. If less than 20 percent of the annual tax | 
| 259 | credits for donations made to eligible sponsors for projects | 
| 260 | other than those that provide homeownership opportunities for | 
| 261 | low-income or very-low-income households are approved within | 
| 262 | the first 2 months of the fiscal year, the office may approve | 
| 263 | the balance of approved credits for donations made to eligible | 
| 264 | sponsors for projects that provide homeownership opportunities | 
| 265 | for low-income or very-low-income households. | 
| 266 | (III)  If, during the first 10 business days of the state | 
| 267 | fiscal year, tax credit applications are received for more than | 
| 268 | 80 percent of available annual tax credits from eligible | 
| 269 | sponsors for projects that provide homeownership opportunities | 
| 270 | for low-income or very-low-income households, the office shall | 
| 271 | grant the tax credits for such applications as follows: | 
| 272 | (A)  If an eligible sponsor submits tax credit | 
| 273 | applications which in total do not exceed $200,000, the credits | 
| 274 | shall be granted in full if the tax credit applications are | 
| 275 | approved and subject to the provisions of sub-sub-subparagraph | 
| 276 | (I). | 
| 277 | (B)  If an eligible sponsor submits six or more tax credit | 
| 278 | applications which, in total, equal or exceed $200,000, the | 
| 279 | amount of tax credit granted pursuant to sub-sub-sub- | 
| 280 | subparagraph (A) shall be subtracted from the amount of | 
| 281 | available tax credits pursuant to sub-sub-subparagraph (I), and | 
| 282 | the remaining credits shall be granted to each approved tax | 
| 283 | credit application on a pro rata basis. | 
| 284 | (C)  If, after the first 2 months of the fiscal year, | 
| 285 | additional credits become available pursuant to sub-sub- | 
| 286 | subparagraph (II), the office shall grant the tax credits by | 
| 287 | first increasing the credit of those who received a pro rata | 
| 288 | reduction and, if there are remaining credits, granting credits | 
| 289 | to those who applied on or after the 11th business day of the | 
| 290 | state fiscal year on a first-come, first-served basis. | 
| 291 | (IV)  If, during the first 10 business days of the state | 
| 292 | fiscal year, tax credit applications are received for more than | 
| 293 | 20 percent of available annual tax credits from eligible | 
| 294 | sponsors for projects other than those that provide | 
| 295 | homeownership opportunities for low-income or very-low-income | 
| 296 | households, the office shall grant the tax credits to each | 
| 297 | approved tax credit application on a pro rata basis. If, after | 
| 298 | the first 2 months of the fiscal year, additional credits | 
| 299 | become available pursuant to sub-sub-subparagraph (I), the | 
| 300 | office shall grant the tax credits by first increasing the | 
| 301 | credit of those who received a pro rata reduction and, if there | 
| 302 | are remaining credits, granting credits to those who applied on | 
| 303 | or after the 11th business day of the state fiscal year on a | 
| 304 | first-come, first-served basis. | 
| 305 | 3.  Application requirements.-- | 
| 306 | a.  Any eligible sponsor seeking to participate in this | 
| 307 | program must submit a proposal to the Office of Tourism, Trade, | 
| 308 | and Economic Development which sets forth the name of the | 
| 309 | sponsor, a description of the project, and the area in which the | 
| 310 | project is located, together with such supporting information as | 
| 311 | is prescribed by rule. The proposal must also contain a | 
| 312 | resolution from the local governmental unit in which the project | 
| 313 | is located certifying that the project is consistent with local | 
| 314 | plans and regulations. | 
| 315 | b.  Any person seeking to participate in this program must | 
| 316 | submit an application for tax credit to the Office of Tourism, | 
| 317 | Trade, and Economic Development which sets forth the name of the | 
| 318 | sponsor, a description of the project, and the type, value, and | 
| 319 | purpose of the contribution. The sponsor shall verify the terms | 
| 320 | of the application and indicate its receipt of the contribution, | 
| 321 | which verification must be in writing and accompany the | 
| 322 | application for tax credit. The person must submit a separate | 
| 323 | tax credit application to the office for each individual | 
| 324 | contribution that it makes to each individual project. | 
| 325 | c.  Any person who has received notification from the | 
| 326 | Office of Tourism, Trade, and Economic Development that a tax | 
| 327 | credit has been approved must apply to the department to receive | 
| 328 | the refund. Application must be made on the form prescribed for | 
| 329 | claiming refunds of sales and use taxes and be accompanied by a | 
| 330 | copy of the notification. A person may submit only one | 
| 331 | application for refund to the department within any 12-month | 
| 332 | period. | 
| 333 | 4.  Administration.-- | 
| 334 | a.  The Office of Tourism, Trade, and Economic Development | 
| 335 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary | 
| 336 | to administer this paragraph, including rules for the approval | 
| 337 | or disapproval of proposals by a person. | 
| 338 | b.  The decision of the Office of Tourism, Trade, and | 
| 339 | Economic Development must be in writing, and, if approved, the | 
| 340 | notification shall state the maximum credit allowable to the | 
| 341 | person. Upon approval, the office shall transmit a copy of the | 
| 342 | decision to the Department of Revenue. | 
| 343 | c.  The Office of Tourism, Trade, and Economic Development | 
| 344 | shall periodically monitor all projects in a manner consistent | 
| 345 | with available resources to ensure that resources are used in | 
| 346 | accordance with this paragraph; however, each project must be | 
| 347 | reviewed at least once every 2 years. | 
| 348 | d.  The Office of Tourism, Trade, and Economic Development | 
| 349 | shall, in consultation with the Department of Community Affairs, | 
| 350 | the Florida Housing Finance Corporation, and the statewide and | 
| 351 | regional housing and financial intermediaries, market the | 
| 352 | availability of the community contribution tax credit program to | 
| 353 | community-based organizations. | 
| 354 | 5.  Expiration.--This paragraph expires June 30, 2015 2005; | 
| 355 | however, any accrued credit carryover that is unused on that | 
| 356 | date may be used until the expiration of the 3-year carryover | 
| 357 | period for such credit. | 
| 358 | Section 4.  Paragraph (t) of subsection (1) of section | 
| 359 | 220.03, Florida Statutes, is amended to read: | 
| 360 | 220.03  Definitions.-- | 
| 361 | (1)  SPECIFIC TERMS.--When used in this code, and when not | 
| 362 | otherwise distinctly expressed or manifestly incompatible with | 
| 363 | the intent thereof, the following terms shall have the following | 
| 364 | meanings: | 
| 365 | (t)  "Project" means any activity undertaken by an eligible | 
| 366 | sponsor, as defined in s. 220.183(2)(c), which is designed to | 
| 367 | construct, improve, or substantially rehabilitate housing that | 
| 368 | is affordable to low-income or very-low-income households as | 
| 369 | defined in s. 420.9071(19) and (28); designed to provide | 
| 370 | commercial, industrial, or public resources and facilities; or | 
| 371 | designed to improve entrepreneurial and job-development | 
| 372 | opportunities for low-income persons. A project may be the | 
| 373 | investment necessary to increase access to high-speed broadband | 
| 374 | capability in rural communities with enterprise zones, including | 
| 375 | projects that result in improvements to communications assets | 
| 376 | that are owned by a business. A project may include the | 
| 377 | provision of museum educational programs and materials that are | 
| 378 | directly related to any project approved between January 1, | 
| 379 | 1996, and December 31, 1999, and located in an enterprise zone | 
| 380 | as referenced in s. 290.00675. This paragraph does not preclude | 
| 381 | projects that propose to construct or rehabilitate low-income or | 
| 382 | very-low-income housing on scattered sites. The Office of | 
| 383 | Tourism, Trade, and Economic Development may reserve up to 50 | 
| 384 | percent of the available annual tax credits under s. 220.181 for | 
| 385 | housing for very-low-income households pursuant to s. | 
| 386 | 420.9071(28) for the first 6 months of the fiscal year.With | 
| 387 | respect to housing, contributions may be used to pay the | 
| 388 | following eligible project-related activities: | 
| 389 | 1.  Project development, impact, and management fees for | 
| 390 | low-income or very-low-income housing projects; | 
| 391 | 2.  Down payment and closing costs for eligible persons, as | 
| 392 | defined in s. 420.9071(19) and (28); | 
| 393 | 3.  Administrative costs, including housing counseling and | 
| 394 | marketing fees, not to exceed 10 percent of the community | 
| 395 | contribution, directly related to low-income or very-low-income | 
| 396 | projects; and | 
| 397 | 4.  Removal of liens recorded against residential property | 
| 398 | by municipal, county, or special-district local governments when | 
| 399 | satisfaction of the lien is a necessary precedent to the | 
| 400 | transfer of the property to an eligible person, as defined in s. | 
| 401 | 420.9071(19) and (28), for the purpose of promoting home | 
| 402 | ownership. Contributions for lien removal must be received from | 
| 403 | a nonrelated third party. | 
| 404 | 
 | 
| 405 | The provisions of this paragraph shall expire and be void on | 
| 406 | June 30, 2015 2005. | 
| 407 | Section 5.  Paragraph (c) of subsection (1), paragraph (b) | 
| 408 | of subsection (2), and subsection (5) of section 220.183, | 
| 409 | Florida Statutes, are amended to read: | 
| 410 | 220.183  Community contribution tax credit.-- | 
| 411 | (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX | 
| 412 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM | 
| 413 | SPENDING.-- | 
| 414 | (c)  The total amount of tax credit which may be granted | 
| 415 | for all programs approved under this section, s. 212.08(5)(q), | 
| 416 | and s. 624.5105 is $20 $10million annually. | 
| 417 | (2)  ELIGIBILITY REQUIREMENTS.-- | 
| 418 | (b)1.  All community contributions must be reserved | 
| 419 | exclusively for use in projects as defined in s. 220.03(1)(t). | 
| 420 | 2.  The Office of Tourism, Trade, and Economic Development | 
| 421 | shall mayreserve 80up to 50percent of the available annual | 
| 422 | tax credits for housing for donations made to eligible sponsors | 
| 423 | for projects that provide homeownership opportunities for low- | 
| 424 | income or very-low-income households pursuant to s. 420.9071(19) | 
| 425 | and (28) for the first 2 6months of the fiscal year. If less | 
| 426 | than 80 percent of the annual tax credits for donations made to | 
| 427 | eligible sponsors for projects for low-income or very-low-income | 
| 428 | households are approved within the first 2 months of the fiscal | 
| 429 | year, the office may approve the balance of approved credits for | 
| 430 | donations made to eligible sponsors for projects other than | 
| 431 | those that provide homeownership opportunities for low-income or | 
| 432 | very-low-income households. | 
| 433 | 3.  The office shall reserve 20 percent of the available | 
| 434 | annual tax credits for donations made to eligible sponsors for | 
| 435 | projects other than those that provide homeownership | 
| 436 | opportunities for low-income or very-low-income households | 
| 437 | pursuant to s. 420.9071(19) and (28) for the first 2 months of | 
| 438 | the fiscal year. If less than 20 percent of the annual tax | 
| 439 | credits for donations made to eligible sponsors for projects | 
| 440 | other than those that provide homeownership opportunities for | 
| 441 | low-income or very-low-income households are approved within | 
| 442 | the first 2 months of the fiscal year, the office may approve | 
| 443 | the balance of approved credits for donations made to eligible | 
| 444 | sponsors for projects that provide homeownership opportunities | 
| 445 | for low-income or very-low-income households. | 
| 446 | 4.  If, during the first 10 business days of the state | 
| 447 | fiscal year, tax credit applications are received for more than | 
| 448 | 80 percent of available annual tax credits from eligible | 
| 449 | sponsors for projects that provide homeownership opportunities | 
| 450 | for low-income or very-low-income households, the office shall | 
| 451 | grant the tax credits to such applications as follows: | 
| 452 | a.  If an eligible sponsor submits tax credit applications | 
| 453 | which in total do not exceed $200,000, the credits shall be | 
| 454 | granted in full if the tax credit applications are approved and | 
| 455 | subject to the provisions of subparagraph 2. | 
| 456 | b.  If an eligible sponsor submits tax credit applications | 
| 457 | which in total equal or exceed $200,000, the amount of tax | 
| 458 | credits granted pursuant to sub-subparagraph a. shall be | 
| 459 | subtracted from the amount of available tax credits pursuant to | 
| 460 | subparagraph 2., and the remaining credits shall be granted to | 
| 461 | each approved tax credit application on a pro rata basis. | 
| 462 | c.  If, after the first 2 months of the fiscal year, | 
| 463 | additional credits become available pursuant to subparagraph | 
| 464 | 3., the office shall grant the tax credits by first increasing | 
| 465 | the credit of those who received a pro rata reduction and, if | 
| 466 | there are remaining credits, granting credits to those who | 
| 467 | applied on or after the 11th business day of the state fiscal | 
| 468 | year on a first-come, first-served basis. | 
| 469 | 5.  If, during the first 10 business days of the state | 
| 470 | fiscal year, tax credit applications are received for more than | 
| 471 | 20 percent of available annual tax credits from eligible | 
| 472 | sponsors for projects other than those that provide | 
| 473 | homeownership opportunities for low-income or very-low-income | 
| 474 | households, the office shall grant the tax credits to each | 
| 475 | approved tax credit application on a pro rata basis. If, after | 
| 476 | the first 2 months of the fiscal year, additional credits | 
| 477 | become available pursuant to subparagraph 2., the office shall | 
| 478 | grant the tax credits by first increasing the credit of those | 
| 479 | who received a pro rata reduction and, if there are remaining | 
| 480 | credits, granting credits to those who applied on or after the | 
| 481 | 11th business day of the state fiscal year on a first-come, | 
| 482 | first-served basis. | 
| 483 | (5)  EXPIRATION.--The provisions of this section, except | 
| 484 | paragraph (1)(e), shall expire and be void on June 30, 2015 | 
| 485 | 2005. | 
| 486 | Section 6.  Paragraph (f) of subsection (6) of section | 
| 487 | 253.034, Florida Statutes, is amended to read: | 
| 488 | 253.034  State-owned lands; uses.-- | 
| 489 | (6)  The Board of Trustees of the Internal Improvement | 
| 490 | Trust Fund shall determine which lands, the title to which is | 
| 491 | vested in the board, may be surplused. For conservation lands, | 
| 492 | the board shall make a determination that the lands are no | 
| 493 | longer needed for conservation purposes and may dispose of them | 
| 494 | by an affirmative vote of at least three members. In the case of | 
| 495 | a land exchange involving the disposition of conservation lands, | 
| 496 | the board must determine by an affirmative vote of at least | 
| 497 | three members that the exchange will result in a net positive | 
| 498 | conservation benefit. For all other lands, the board shall make | 
| 499 | a determination that the lands are no longer needed and may | 
| 500 | dispose of them by an affirmative vote of at least three | 
| 501 | members. | 
| 502 | (f)  In reviewing lands owned by the board, the council | 
| 503 | shall consider whether such lands would be more appropriately | 
| 504 | owned or managed by the county or other unit of local government | 
| 505 | in which the land is located. The council shall recommend to the | 
| 506 | board whether a sale, lease, or other conveyance to a local | 
| 507 | government would be in the best interests of the state and local | 
| 508 | government. The provisions of this paragraph in no way limit the | 
| 509 | provisions of ss. 253.111 and 253.115. Such lands shall be | 
| 510 | offered to the state, county, or local government for a period | 
| 511 | of 30 days. Permittable uses for such surplus lands may include | 
| 512 | public schools; public libraries; fire or law enforcement | 
| 513 | substations; andgovernmental, judicial, or recreational | 
| 514 | centers; and affordable housing. County or local government | 
| 515 | requests for surplus lands shall be expedited throughout the | 
| 516 | surplusing process. If the county or local government does not | 
| 517 | elect to purchase such lands in accordance with s. 253.111, then | 
| 518 | any surplusing determination involving other governmental | 
| 519 | agencies shall be made upon the board deciding the best public | 
| 520 | use of the lands. Surplus properties in which governmental | 
| 521 | agencies have expressed no interest shall then be available for | 
| 522 | sale on the private market. | 
| 523 | Section 7.  Subsection (5) is added to section 420.0003, | 
| 524 | Florida Statutes, to read: | 
| 525 | 420.0003  State housing strategy.-- | 
| 526 | (5)  HOUSING OPTIONS.--The affordable housing delivery | 
| 527 | system shall provide for a variety of housing options as | 
| 528 | appropriate, including, but not limited to, single family and | 
| 529 | multifamily housing built according to chapter 553, manufactured | 
| 530 | housing as defined in s. 320.01(2)(b), and housing coordinated | 
| 531 | with services for special needs populations. | 
| 532 | Section 8.  Subsection (2) and paragraph (a) of subsection | 
| 533 | (22) of section 420.507, Florida Statutes, are amended, | 
| 534 | paragraph (h) is added to subsection (22) of said section, and | 
| 535 | subsections (42), (43), (44), and (45) are added to said | 
| 536 | section, to read: | 
| 537 | 420.507  Powers of the corporation.--The corporation shall | 
| 538 | have all the powers necessary or convenient to carry out and | 
| 539 | effectuate the purposes and provisions of this part, including | 
| 540 | the following powers which are in addition to all other powers | 
| 541 | granted by other provisions of this part: | 
| 542 | (2)  To undertake and carry out studies and analyses of | 
| 543 | housing needs within the state and ways of meeting those needs, | 
| 544 | to determine whether supplies of affordable housing in various | 
| 545 | markets may exceed future demands, and to develop methods of | 
| 546 | assessing and assisting in the viability of properties adversely | 
| 547 | affected by overbuilt markets. | 
| 548 | (22)  To develop and administer the State Apartment | 
| 549 | Incentive Loan Program. In developing and administering that | 
| 550 | program, the corporation may: | 
| 551 | (a)  Make first, second, and other subordinated mortgage | 
| 552 | loans including variable or fixed rate loans subject to | 
| 553 | contingent interest for all State Apartment Incentive Loans | 
| 554 | provided for in this chapter based upon available cash flow of | 
| 555 | the projects. The corporation shall make loans exceeding 25 | 
| 556 | percent of project cost available only to nonprofit | 
| 557 | organizations and public bodies which are able to secure grants, | 
| 558 | donations of land, or contributions from other sources and to | 
| 559 | projects meeting the criteria of subparagraph 1. Mortgage loans | 
| 560 | shall be made available at the following rates of interest: | 
| 561 | 1.  Zero to 3 percent interest for sponsors of projects | 
| 562 | that set aside at least maintain an80 percentoccupancyof | 
| 563 | their total units for residents qualifying as farmworkers as | 
| 564 | defined in s. 420.503(18), or commercial fishing workers as | 
| 565 | defined in s. 420.503(5) , or the homeless as defined in s. | 
| 566 | 420.621(4)over the life of the loan. | 
| 567 | 2.  Zero to 3 percent interest for projects that set aside | 
| 568 | at least 80 percent of the project's total units for the | 
| 569 | homeless as defined in s. 420.621(4), provided the board may set | 
| 570 | the interest rate based on the pro rata share of units set aside | 
| 571 | for homeless residents if the total of such units is less than | 
| 572 | 80 percent of the units in the borrower's project. | 
| 573 | 3. 2.Three to 9 percent interest for sponsors of projects | 
| 574 | targeted at populations other than farmworkers, commercial | 
| 575 | fishing workers, and the homeless. | 
| 576 | (h)  Establish procedures by rule whereby the corporation | 
| 577 | may intervene, negotiate terms, or undertake other actions which | 
| 578 | the corporation deems necessary to avoid default of a program | 
| 579 | loan. Such procedures must be fiscally responsible and designed | 
| 580 | to maximize returns to the state. | 
| 581 | (42)  To promote single family homeownership in this state | 
| 582 | and develop and implement a marketing plan in cooperation with | 
| 583 | local governments and state and federal agencies that includes | 
| 584 | strategies such as advertising, homebuyer fairs, and homebuyer | 
| 585 | education. | 
| 586 | (43)  To provide by rule for a program, not to exceed | 
| 587 | $5,000 per home, to match the amount of rents set aside under | 
| 588 | resident programs that are managed by affordable housing | 
| 589 | providers participating in the corporation's rental programs to | 
| 590 | provide financial assistance toward the purchase of a home. | 
| 591 | (44)  To establish by rule a program of incentives for | 
| 592 | local governments which defer, reduce, or waive impact fees for | 
| 593 | homes constructed for or sold to persons who qualify for | 
| 594 | financing under an affordable homeownership program provided by | 
| 595 | the state or a local government. The incentives must not exceed | 
| 596 | 40 percent of any waiver or 20 percent of any deferral and are | 
| 597 | limited to $4,000 per home. | 
| 598 | (45)  To establish by rule requirements for periodic | 
| 599 | reporting of data, including, but not limited to, financial | 
| 600 | data, housing market data, detailed economic and physical | 
| 601 | occupancy on multifamily projects, and demographic data on all | 
| 602 | housing financed through corporation programs. | 
| 603 | Section 9.  Subsection (8) is added to section 420.508, | 
| 604 | Florida Statutes, to read: | 
| 605 | 420.508  Special powers; multifamily and single-family | 
| 606 | projects.--The corporation shall have the special power to: | 
| 607 | (8)  Provide by rule for master lease agreements for | 
| 608 | farmworker housing developments when and where appropriate to | 
| 609 | ensure continuity and stability of housing for farmworker | 
| 610 | populations. | 
| 611 | Section 10.  Subsection (3) and paragraph (m) of subsection | 
| 612 | (6) of section 420.5087, Florida Statutes, are amended to read: | 
| 613 | 420.5087  State Apartment Incentive Loan Program.--There is | 
| 614 | hereby created the State Apartment Incentive Loan Program for | 
| 615 | the purpose of providing first, second, or other subordinated | 
| 616 | mortgage loans or loan guarantees to sponsors, including for- | 
| 617 | profit, nonprofit, and public entities, to provide housing | 
| 618 | affordable to very-low-income persons. | 
| 619 | (3)  During the first 6 months of loan or loan guarantee | 
| 620 | availability, program funds shall be reserved for use by | 
| 621 | sponsors who provide the housing set-aside required in | 
| 622 | subsection (2) for the tenant groups designated in this | 
| 623 | subsection. The reservation of funds to each of these groups | 
| 624 | shall be determined using the most recent statewide very-low- | 
| 625 | income rental housing market study available at the time of | 
| 626 | publication of each notice of fund availability required by | 
| 627 | paragraph (6)(b). The reservation of funds within each notice of | 
| 628 | fund availability to the tenant groups in paragraphs (a), (b), | 
| 629 | and (d) may not be less than 10 percent of the funds available | 
| 630 | at that time. Any increase in funding required to reach the 10- | 
| 631 | percent minimum shall be taken from the tenant group that has | 
| 632 | the largest reservation. The reservation of funds within each | 
| 633 | notice of fund availability to the tenant group in paragraph (c) | 
| 634 | may not be less than 5 percent of the funds available at that | 
| 635 | time. The tenant groups are: | 
| 636 | (a)  Commercial fishing workers and farmworkers; | 
| 637 | (b)  Families; | 
| 638 | (c)  Persons who are homeless; and | 
| 639 | (d)  Elderly persons. Ten percent of the amount reserved | 
| 640 | for the elderly shall be reserved to provide loans to sponsors | 
| 641 | of housing for the elderly for the purpose of making building | 
| 642 | preservation, health, or sanitation repairs or improvements | 
| 643 | which are required by federal, state, or local regulation or | 
| 644 | code, or lifesafety or security-related repairs or improvements | 
| 645 | to such housing. Such a loan may not exceed $500,000 $200,000 | 
| 646 | per housing community for the elderly. In order to receive the | 
| 647 | loan, the sponsor of the housing community must make a | 
| 648 | commitment to match at least 15 percent of the loan amount to | 
| 649 | pay the cost of such repair or improvement. The corporation | 
| 650 | shall establish the rate of interest on the loan, which may not | 
| 651 | exceed 3 percent, and the term of the loan, which may not exceed | 
| 652 | 15 years. The term of the loan shall be established on the basis | 
| 653 | of a credit analysis of the applicant. The corporation shall | 
| 654 | establish, by rule, the procedure and criteria for receiving, | 
| 655 | evaluating, and competitively ranking all applications for loans | 
| 656 | under this paragraph. A loan application must include evidence | 
| 657 | of the first mortgagee's having reviewed and approved the | 
| 658 | sponsor's intent to apply for a loan. A nonprofit organization | 
| 659 | or sponsor may not use the proceeds of the loan to pay for | 
| 660 | administrative costs, routine maintenance, or new construction. | 
| 661 | (6)  On all state apartment incentive loans, except loans | 
| 662 | made to housing communities for the elderly to provide for | 
| 663 | lifesafety, building preservation, health, sanitation, or | 
| 664 | security-related repairs or improvements, the following | 
| 665 | provisions shall apply: | 
| 666 | (m)  Sponsors shall annuallycertify, according to | 
| 667 | requirements provided by the corporation by rule, the adjusted | 
| 668 | gross income of all persons or families qualified under | 
| 669 | subsection (2) at the time of initial occupancy, who are | 
| 670 | residing in a project funded by this program. All persons or | 
| 671 | families qualified under subsection (2) may continue to qualify | 
| 672 | under subsection (2) in a project funded by this program if the | 
| 673 | adjusted gross income of those persons or families at the time | 
| 674 | of annual recertification meets the requirements established in | 
| 675 | s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as | 
| 676 | amended. If the annual recertification of persons or families | 
| 677 | qualifying under subsection (2) results in noncompliance with | 
| 678 | income occupancy requirements, the next available unit must be | 
| 679 | rented to a person or family qualifying under subsection (2) in | 
| 680 | order to ensure continuing compliance of the project. | 
| 681 | Section 11.  Subsection (3) of section 420.511, Florida | 
| 682 | Statutes, is amended to read: | 
| 683 | 420.511  Business plan; strategic plan; annual report.-- | 
| 684 | (3)  The corporation shall submit to the Governor and the | 
| 685 | presiding officers of each house of the Legislature, within 2 | 
| 686 | months after the end of its fiscal year, a complete and detailed | 
| 687 | report setting forth: | 
| 688 | (a)  Its operations and accomplishments. ; | 
| 689 | (b)  Changes made to the rules of the corporation pursuant | 
| 690 | to s. 120.54. | 
| 691 | (c) (b)Its receipts and expenditures during its fiscal | 
| 692 | year in accordance with the categories or classifications | 
| 693 | established by the corporation for its operating and capital | 
| 694 | outlay purposes. ; | 
| 695 | (d) (c)Its assets and liabilities at the end of its fiscal | 
| 696 | year and the status of reserve, special, or other funds. ; | 
| 697 | (e) (d)A schedule of its bonds outstanding at the end of | 
| 698 | its fiscal year, together with a statement of the principal | 
| 699 | amounts of bonds issued and redeemed during the fiscal year. ; | 
| 700 | and | 
| 701 | (f) (e)Information relating to the corporation's | 
| 702 | activities in implementing the provisions of ss. 420.5087 and | 
| 703 | 420.5088. The report required by this subsection shall include, | 
| 704 | but not be limited to: | 
| 705 | 1.  The number of people served, delineated by income, age, | 
| 706 | family size, and racial characteristics. | 
| 707 | 2.  The number of units produced under each program. | 
| 708 | 3.  The average cost of producing units under each program. | 
| 709 | 4.  The average sales price of single-family units financed | 
| 710 | under s. 420.5088. | 
| 711 | 5.  The average amount of rent charged based on unit size | 
| 712 | on units financed under s. 420.5087. | 
| 713 | 6.  The number of persons in rural communities served under | 
| 714 | each program. | 
| 715 | 7.  The number of farmworkers served under each program. | 
| 716 | 8.  The number of homeless persons served under each | 
| 717 | program. | 
| 718 | 9.  The number of elderly persons served under each | 
| 719 | program. | 
| 720 | 10.  The extent to which geographic distribution has been | 
| 721 | achieved in accordance with the provisions of s. 420.5087. | 
| 722 | 11.  The quarterly physical occupancy rate of each | 
| 723 | multifamily housing project. | 
| 724 | 12. 11.Any other information the corporation deems | 
| 725 | appropriate. | 
| 726 | (g)  Information relating to the corporation's Florida | 
| 727 | Affordable Housing Guarantee Program as created by s. 420.5092. | 
| 728 | The report required by this subsection shall include, but not be | 
| 729 | limited to: | 
| 730 | 1.  A status at the end of the most recently completed | 
| 731 | fiscal year of the total amount of revenue bonds issued by the | 
| 732 | corporation under s. 420.5092, the principal and interest due on | 
| 733 | such bonds for the reporting period, the total amount of such | 
| 734 | bonds redeemed during the reporting period, and the interest | 
| 735 | earned by the investment of the funds from such revenue bonds | 
| 736 | during the reporting period. | 
| 737 | 2.  A list of all stabilized properties at the end of the | 
| 738 | most recently completed fiscal year guaranteed by the Florida | 
| 739 | Affordable Housing Guarantee Program, which includes the city | 
| 740 | and county, the total number of units constructed, the quarterly | 
| 741 | occupancy rates expressed as percentages for the fiscal year, | 
| 742 | the total principal and interest due for the fiscal year, the | 
| 743 | principal and interest paid for the fiscal year, and the Florida | 
| 744 | Affordable Housing Guarantee Program's total outstanding | 
| 745 | obligation at the end of the fiscal year. | 
| 746 | Section 12.  Subsection (12) is added to section 420.5092, | 
| 747 | Florida Statutes, to read: | 
| 748 | 420.5092  Florida Affordable Housing Guarantee Program.-- | 
| 749 | (12)  By October 1 of each year, the corporation shall | 
| 750 | submit to the Governor, the President of the Senate, the Speaker | 
| 751 | of the House of Representatives, and the chairs of the | 
| 752 | respective appropriations committees an assessment of the | 
| 753 | Florida Affordable Housing Guarantee Program. The assessment | 
| 754 | shall include an analysis of the likelihood that the guarantee | 
| 755 | fund will pay claims during the next 2 fiscal years. | 
| 756 | Section 13.  Section 420.517, Florida Statutes, is amended | 
| 757 | to read: | 
| 758 | 420.517  Coordination of affordable housing and support | 
| 759 | services for low-income residents job training coordination.-- | 
| 760 | (1)  The Florida Housing Financecorporation shall | 
| 761 | undertake efforts to provide incentives to developers to build | 
| 762 | housing that encourages onsite job skills training to enable | 
| 763 | low-income residents to obtain and maintain meaningful | 
| 764 | employment. To the extent possible, the corporation shall direct | 
| 765 | all recipients of state housing funds, including municipalities, | 
| 766 | to work in cooperation with local and regional Job Training | 
| 767 | Partnerships Boards to provide training to residents and others | 
| 768 | who may be making the transition from welfare to the workforce. | 
| 769 | The corporation shall provide incentives through housing policy | 
| 770 | and program guidelines to prioritize those developments that | 
| 771 | encourage workforce training and skills development. | 
| 772 | (2)  The corporation shall coordinate with state and | 
| 773 | regional entities, including, but not limited to, the Agency for | 
| 774 | Workforce Innovation, the Department of Education, the | 
| 775 | Department of Elderly Affairs, the Department of Children and | 
| 776 | Family Services, the Department of Veteran's Affairs, the | 
| 777 | Department of Corrections, and the Department of Juvenile | 
| 778 | Justice, to provide affordable housing tenants and providers | 
| 779 | with information about available supportive services, including | 
| 780 | education, job training, and health and social services. The | 
| 781 | corporation shall also coordinate with state agencies to provide | 
| 782 | prospective tenants with assistance in qualifying for affordable | 
| 783 | housing. | 
| 784 | (3)  The corporation shall develop state and regional | 
| 785 | partnerships to coordinate affordable housing with supportive | 
| 786 | services, including, but not limited to, education, job | 
| 787 | training, and health and social services, to assist low-income | 
| 788 | residents to live in the most independent setting possible. | 
| 789 | (4)  The corporation shall report on its coordination | 
| 790 | efforts and accomplishments in the annual report required by s. | 
| 791 | 420.511(3). | 
| 792 | Section 14.  Paragraph (a) of subsection (1) of section | 
| 793 | 420.9072, Florida Statutes, is amended to read: | 
| 794 | 420.9072  State Housing Initiatives Partnership | 
| 795 | Program.--The State Housing Initiatives Partnership Program is | 
| 796 | The State Housing Initiatives Partnership Program is created for | 
| 797 | the purpose of providing funds to counties and eligible | 
| 798 | municipalities as an incentive for the creation of local housing | 
| 799 | partnerships, to expand production of and preserve affordable | 
| 800 | housing, to further the housing element of the local government | 
| 801 | comprehensive plan specific to affordable housing, and to | 
| 802 | increase housing-related employment. | 
| 803 | (1)(a)  In addition to the legislative findings set forth | 
| 804 | in s. 420.6015, the Legislature finds that affordable housing is | 
| 805 | most effectively provided by combining available public and | 
| 806 | private resources to conserve and improve existing housing and | 
| 807 | provide new housing for very-low-income households, low-income | 
| 808 | households, and moderate-income households. The Legislature | 
| 809 | intends to encourage partnerships in order to secure the | 
| 810 | benefits of cooperation by the public and private sectors and to | 
| 811 | reduce the cost of housing for the target group by effectively | 
| 812 | combining all available resources and cost-saving measures. The | 
| 813 | Legislature further intends that local governments achieve this | 
| 814 | combination of resources by encouraging active partnerships | 
| 815 | between government, lenders, builders and developers, real | 
| 816 | estate professionals, advocates for low-income persons, and | 
| 817 | community groups to produce affordable housing and provide | 
| 818 | related services. Extending the partnership concept to encompass | 
| 819 | cooperative efforts among small counties as defined in s. | 
| 820 | 120.52(17), and among counties and municipalities is | 
| 821 | specifically encouraged. Local governments are also intended to | 
| 822 | establish and retain an affordable housing advisory committee to | 
| 823 | recommend monetary and nonmonetary incentives for affordable | 
| 824 | housing as provided in s. 420.9076. | 
| 825 | Section 15.  Paragraph (c) of subsection (4) of section | 
| 826 | 420.9075, Florida Statutes, is amended to read: | 
| 827 | 420.9075  Local housing assistance plans; partnerships.-- | 
| 828 | (4)  The following criteria apply to awards made to | 
| 829 | eligible sponsors or eligible persons for the purpose of | 
| 830 | providing eligible housing: | 
| 831 | (c)  The sales price or value of new or existing eligible | 
| 832 | housing may not exceed 90 percent of the average area purchase | 
| 833 | price in the statistical area in which the eligible housing is | 
| 834 | located as established by the corporation by rule. Local | 
| 835 | governments may not set maximum sales prices below the amounts | 
| 836 | established by the corporation. If Federal Housing | 
| 837 | Administration limits are lower than those established by the | 
| 838 | corporation, the Federal Housing Administration limits shall be | 
| 839 | the maximum Such average area purchase price may be that | 
| 840 | calculated for any 12-month period beginning not earlier than | 
| 841 | the fourth calendar year prior to the year in which the award | 
| 842 | occurs. | 
| 843 | 
 | 
| 844 | If both an award under the local housing assistance plan and | 
| 845 | federal low-income housing tax credits are used to assist a | 
| 846 | project and there is a conflict between the criteria prescribed | 
| 847 | in this subsection and the requirements of s. 42 of the Internal | 
| 848 | Revenue Code of 1986, as amended, the county or eligible | 
| 849 | municipality may resolve the conflict by giving precedence to | 
| 850 | the requirements of s. 42 of the Internal Revenue Code of 1986, | 
| 851 | as amended, in lieu of following the criteria prescribed in this | 
| 852 | subsection with the exception of paragraphs (a) and (d) of this | 
| 853 | subsection. | 
| 854 | Section 16.  Subsection (2) of section 420.9076, Florida | 
| 855 | Statutes, is amended, subsections (3) through (7) of said | 
| 856 | section are renumbered as subsections (4) through (8), | 
| 857 | respectively, a new subsection (3) is added to said section, and | 
| 858 | paragraphs (k) and (l) are added to present subsection (4) of | 
| 859 | said section, to read: | 
| 860 | 420.9076  Adoption of affordable housing incentive | 
| 861 | strategies; committees.-- | 
| 862 | (2)  The governing board of a county or municipality shall | 
| 863 | appoint the members of the affordable housing advisory committee | 
| 864 | by resolution. Pursuant to the terms of any interlocal | 
| 865 | agreement, a county and municipality may create and jointly | 
| 866 | appoint an advisory committee to prepare a joint plan. The | 
| 867 | ordinance adopted pursuant to s. 420.9072 which creates the | 
| 868 | advisory committee or the resolution appointing the advisory | 
| 869 | committee members must provide for a minimum of nine committee | 
| 870 | members and their terms. The committee must include: | 
| 871 | (a)  One citizen who is actively engaged in the residential | 
| 872 | home building industry in connection with affordable housing. | 
| 873 | (b)  One citizen who is actively engaged in the banking or | 
| 874 | mortgage banking industry in connection with affordable housing. | 
| 875 | (c)  One citizen who is a representative of those areas of | 
| 876 | labor actively engaged in home building in connection with | 
| 877 | affordable housing. | 
| 878 | (d)  One citizen who is actively engaged as an advocate for | 
| 879 | low-income persons in connection with affordable housing. | 
| 880 | (e)  One citizen who is actively engaged as a for-profit | 
| 881 | provider of affordable housing. | 
| 882 | (f)  One citizen who is actively engaged as a not-for- | 
| 883 | profit provider of affordable housing. | 
| 884 | (g)  One citizen who is actively engaged as a real estate | 
| 885 | professional in connection with affordable housing. | 
| 886 | (h)  One citizen who actively serves on the local planning | 
| 887 | agency pursuant to s. 163.3174. | 
| 888 | (i)  One citizen who resides within the jurisdiction of the | 
| 889 | local governing body making the appointments. | 
| 890 | 
 | 
| 891 | Any additional committee members must be citizens within the | 
| 892 | jurisdiction of the local governing body making the | 
| 893 | appointments. | 
| 894 | If a county or eligible municipality whether due to its small | 
| 895 | size, the presence of a conflict of interest by prospective | 
| 896 | appointees, or other reasonable factor, is unable to appoint a | 
| 897 | citizen actively engaged in these activities in connection with | 
| 898 | affordable housing, a citizen engaged in the activity without | 
| 899 | regard to affordable housing may be appointed. | 
| 900 | (3)  Each county or eligible municipality participating in | 
| 901 | the State Housing Initiatives Partnership Program must maintain | 
| 902 | an operational affordable housing advisory committee. | 
| 903 | (5) (4)The advisory committee shall review the established | 
| 904 | policies and procedures, ordinances, land development | 
| 905 | regulations, and adopted local government comprehensive plan of | 
| 906 | the appointing local government and shall recommend specific | 
| 907 | initiatives to encourage or facilitate affordable housing while | 
| 908 | protecting the ability of the property to appreciate in value. | 
| 909 | Such recommendations may include the modification or repeal of | 
| 910 | existing policies, procedures, ordinances, regulations, or plan | 
| 911 | provisions; the creation of exceptions applicable to affordable | 
| 912 | housing; or the adoption of new policies, procedures, | 
| 913 | regulations, ordinances, or plan provisions. At a minimum, each | 
| 914 | advisory committee shall make recommendations on affordable | 
| 915 | housing incentives in the following areas: | 
| 916 | (k)  The review of the local affordable housing element of | 
| 917 | the local government comprehensive plan pursuant to chapter 163 | 
| 918 | and the Local Housing Assistance Plan. | 
| 919 | (l)  Actions as liaison between local governing councils | 
| 920 | and commissions and the general public. | 
| 921 | 
 | 
| 922 | The advisory committee recommendations must also include other | 
| 923 | affordable housing incentives identified by the advisory | 
| 924 | committee. | 
| 925 | Section 17.  Subsection (2) of section 421.02, Florida | 
| 926 | Statutes, is amended to read: | 
| 927 | 421.02  Finding and declaration of necessity.--It is hereby | 
| 928 | declared that: | 
| 929 | (2)  Blighted Slumareas in the state cannot be revitalized | 
| 930 | cleared, nor can the shortage of safe and sanitary dwellings for | 
| 931 | persons of low income be relieved, through the operation of | 
| 932 | private enterprise , and that the construction of housing | 
| 933 | projects for persons of low income, as herein defined, would | 
| 934 | therefore not be competitive with private enterprise. | 
| 935 | Section 18.  Subsection (8) of section 421.08, Florida | 
| 936 | Statutes, is renumbered as subsection (10), and new subsections | 
| 937 | (8) and (9) are added to said section, to read: | 
| 938 | 421.08  Powers of authority.--An authority shall constitute | 
| 939 | a public body corporate and politic, exercising the public and | 
| 940 | essential governmental functions set forth in this chapter, and | 
| 941 | having all the powers necessary or convenient to carry out and | 
| 942 | effectuate the purpose and provisions of this chapter, including | 
| 943 | the following powers in addition to others herein granted: | 
| 944 | (8)  To create for-profit and non-for-profit corporations, | 
| 945 | limited liability companies, and such other business entities | 
| 946 | pursuant to the laws of this state in which housing authorities | 
| 947 | may hold an ownership interest or participate in their | 
| 948 | governance to engage in the development, acquisition, leasing, | 
| 949 | construction, rehabilitation, management, or operation of | 
| 950 | multifamily and single-family residential projects. These | 
| 951 | projects may include nonresidential uses and may use public and | 
| 952 | private funds to serve individuals or families who meet the | 
| 953 | applicable income requirements of the state or federal program | 
| 954 | involved, whose income does not exceed 150 percent of the | 
| 955 | applicable Area Median Income as established by the United | 
| 956 | States Department of Housing and Urban Development, and who, in | 
| 957 | the determination of the housing authority, lack sufficient | 
| 958 | income or assets to enable them to purchase or rent decent, | 
| 959 | safe, and sanitary dwelling. These corporations, limited | 
| 960 | liability companies, or other business entities are authorized | 
| 961 | and empowered to join partnerships, joint ventures, or limited | 
| 962 | liability companies or to otherwise engage with business | 
| 963 | entities in the development, acquisition, leasing, construction, | 
| 964 | rehabilitation, management, or operation of such projects. The | 
| 965 | creation of such corporations, limited liability companies, or | 
| 966 | other business entities by housing authorities for the purposes | 
| 967 | set forth in this chapter together with all proceedings, acts, | 
| 968 | and things theretofore undertaken, performed, or done are hereby | 
| 969 | validated, ratified, confirmed, approved, and declared legal in | 
| 970 | all respects. | 
| 971 | (9)  Notwithstanding the provisions for per diem and travel | 
| 972 | expenses of public officers, employees, and authorized persons | 
| 973 | set forth in s. 112.061, the governing board of an authority may | 
| 974 | approve and implement policies for per diem, travel, and other | 
| 975 | expenses of its officials, officers, board members, employees, | 
| 976 | and authorized persons in a manner consistent with federal | 
| 977 | guidelines. | 
| 978 | Section 19.  Section 421.09, Florida Statutes, is amended | 
| 979 | to read: | 
| 980 | 421.09  Operation not for profit.--It is the policy of this | 
| 981 | state that each housing authority shall manage and operate its | 
| 982 | housing projects in an efficient manner so as to enable it to | 
| 983 | fix the rentals for dwelling accommodations at the lowest | 
| 984 | possible rates consistent with its providing decent, safe and | 
| 985 | sanitary dwelling accommodations, and that no housing authority | 
| 986 | shall construct or operate any such project for profit, or as a | 
| 987 | source of revenue to the city. To this end an authority shall | 
| 988 | fix the rentals for dwellings in its project at no higher rate | 
| 989 | than it shall find to be necessary in order to produce revenues | 
| 990 | which, together with all other available moneys, revenue, income | 
| 991 | and receipts of the authority from whatever sources derived, | 
| 992 | will be sufficient: | 
| 993 | (1)  To pay, as the same shall become due, the principal | 
| 994 | and interest on the debentures of the authority; | 
| 995 | (2)  To meet the cost of, and to provide for, maintaining | 
| 996 | and operating the projects, including the cost of any insurance, | 
| 997 | and the administrative expenses of the authority; and | 
| 998 | (3)  To create, during not less than the 6 years | 
| 999 | immediately succeeding its issuance of any debentures, a reserve | 
| 1000 | sufficient to meet the largest principal and interest payments | 
| 1001 | which will be due on such debentures in any one year thereafter, | 
| 1002 | and to maintain such reserve. | 
| 1003 | 
 | 
| 1004 | This section shall in no way prohibit or restrict the activities | 
| 1005 | or operations of the business entities created pursuant to s. | 
| 1006 | 421.08(8). | 
| 1007 | Section 20.  Section 421.23, Florida Statutes, is amended | 
| 1008 | to read: | 
| 1009 | 421.23  Liabilities of authority.--In no event shall the | 
| 1010 | liabilities, whether ex contractu or ex delicto, of an authority | 
| 1011 | arising from the operation of its housing projects, be payable | 
| 1012 | from any funds other than the rents, fees, or revenues of such | 
| 1013 | projects and any grants or subsidies paid to such authority by | 
| 1014 | the Federal Government, unless such other funds are lawfully | 
| 1015 | pledged by the authority's governing board. | 
| 1016 | Section 21.  Paragraph (c) of subsection (1) and subsection | 
| 1017 | (6) of section 624.5105, Florida Statutes, are amended, and | 
| 1018 | paragraph (e) is added to subsection (2) of said section, to | 
| 1019 | read: | 
| 1020 | 624.5105  Community contribution tax credit; authorization; | 
| 1021 | limitations; eligibility and application requirements; | 
| 1022 | administration; definitions; expiration.-- | 
| 1023 | (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- | 
| 1024 | (c)  The total amount of tax credit which may be granted | 
| 1025 | for all programs approved under this section and ss. | 
| 1026 | 212.08(5)(q) and s.220.183 is $20$10million annually. | 
| 1027 | (2)  ELIGIBILITY REQUIREMENTS.-- | 
| 1028 | (e)1.  The Office of Tourism, Trade, and Economic | 
| 1029 | Development shall reserve 80 percent of the available annual | 
| 1030 | tax credits for donations made to eligible sponsors for | 
| 1031 | projects that provide homeownership opportunities for low- | 
| 1032 | income or very-low-income households pursuant to s. | 
| 1033 | 420.9071(19) and (28) for the first 2  months of the fiscal | 
| 1034 | year. If less than 80 percent of the annual tax credits for | 
| 1035 | donations made to eligible sponsors for projects that provide | 
| 1036 | homeownership opportunities for low-income or very-low-income | 
| 1037 | households are approved within the first 2 months of the fiscal | 
| 1038 | year, the office may approve the balance of approved credits | 
| 1039 | for donations made to eligible sponsors for projects other than | 
| 1040 | those that provide homeownership opportunities for low-income | 
| 1041 | or very-low-income households. | 
| 1042 | 2.  The office shall reserve 20 percent of the available | 
| 1043 | annual tax credits for donations made to eligible sponsors for | 
| 1044 | projects other than those that provide homeownership | 
| 1045 | opportunities for low-income or very-low-income households | 
| 1046 | pursuant to s. 420.9071(19) and (28) for the first 2 months of | 
| 1047 | the fiscal year. If less than 20 percent of the annual tax | 
| 1048 | credits for donations made to eligible sponsors for projects | 
| 1049 | other than those that provide homeownership opportunities for | 
| 1050 | low-income or very-low-income households are approved within | 
| 1051 | the first 2 months of the fiscal year, the office may approve | 
| 1052 | the balance of approved credits for donations made to eligible | 
| 1053 | sponsors for projects that provide homeownership opportunities | 
| 1054 | for low-income or very-low-income households. | 
| 1055 | 3.  If, during the first 10 business days of the state | 
| 1056 | fiscal year, tax credit applications are received for more than | 
| 1057 | 80 percent of available annual tax credits from eligible | 
| 1058 | sponsors for projects that provide homeownership opportunities | 
| 1059 | for low-income or very-low-income households, the office shall | 
| 1060 | grant the tax credits to such applications as follows: | 
| 1061 | a.  If an eligible sponsor submits tax credit applications | 
| 1062 | which in total equal or exceed $200,000, the credits shall be | 
| 1063 | granted in full if the tax credit applications are approved and | 
| 1064 | subject to the provisions of subparagraph 1. | 
| 1065 | b.  If an eligible sponsor submits 6 or more tax credit | 
| 1066 | applications, the amount of tax credits granted pursuant to | 
| 1067 | sub-subparagraph a. shall be subtracted from the amount of | 
| 1068 | available tax credits pursuant to subparagraph 1., and the | 
| 1069 | remaining credits shall be granted to each approved tax credit | 
| 1070 | application on a pro rata basis. | 
| 1071 | c.  If, after the first 2 months of the fiscal year, | 
| 1072 | additional credits become available pursuant to subparagraph | 
| 1073 | 2., the office shall grant the tax credits by first increasing | 
| 1074 | the credit of those who received a pro rata reduction and, if | 
| 1075 | there are remaining credits, granting credits to those who | 
| 1076 | applied on or after the 11th business day of the state fiscal | 
| 1077 | year on a first-come, first-served basis. | 
| 1078 | 4.  If, during the first 10 business days of the state | 
| 1079 | fiscal year, tax credit applications are received for more than | 
| 1080 | 20 percent of available annual tax credits from eligible | 
| 1081 | sponsors for projects other than those that provide | 
| 1082 | homeownership opportunities for low-income or very-low-income | 
| 1083 | households, the office shall grant the tax credits to each | 
| 1084 | approved tax credit application on a pro rata basis. If, after | 
| 1085 | the first 2 months of the fiscal year, additional credits | 
| 1086 | become available pursuant to subparagraph 1., the office shall | 
| 1087 | grant the tax credits by first increasing the credit of those | 
| 1088 | who received a pro rata reduction and, if there are remaining | 
| 1089 | credits, granting credits to those who applied on or after the | 
| 1090 | 11th business day of the state fiscal year on a first-come, | 
| 1091 | first-served basis. | 
| 1092 | (6)  EXPIRATION.--The provisions of this section, except | 
| 1093 | paragraph (1)(e), shall expire and be void on June 30, 2015 | 
| 1094 | 2005. | 
| 1095 | Section 22.  Section 421.54, Florida Statutes, is repealed. | 
| 1096 | Section 23.  (1)  The sum of $350,000 is hereby | 
| 1097 | appropriated from the General Revenue Fund for the purpose of | 
| 1098 | implementing the provisions established to promote single-family | 
| 1099 | homeownership pursuant to s. 420.507(42), Florida Statutes. | 
| 1100 | (2)  The sum of $350,000 is hereby appropriated from the | 
| 1101 | General Revenue Fund for the purpose of matching rent set-asides | 
| 1102 | to provide financial assistance toward the purchase of a home | 
| 1103 | pursuant to s. 420.507(43), Florida Statutes. | 
| 1104 | (3)  The sum of $5 million is hereby appropriated from the | 
| 1105 | General Revenue Fund to establish incentives which defer, | 
| 1106 | reduce, or waive impact fees pursuant to the provisions of s. | 
| 1107 | 420.507(44), Florida Statutes. | 
| 1108 | (4)  The sum of $10 million is hereby appropriated from the | 
| 1109 | General Revenue Fund to the large county category, as defined in | 
| 1110 | the rules of the Florida Housing Finance Corporation and in Rule | 
| 1111 | 67-48 of the Florida Administrative Code, in fiscal year 2004- | 
| 1112 | 2005 for the purpose of assisting the SAIL program. | 
| 1113 | Section 24.  This act shall take effect upon becoming a | 
| 1114 | law. |