Senate Bill sb0334

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 334

    By Senator Saunders





    37-270-05

  1                      A bill to be entitled

  2         An act relating to public housing; amending s.

  3         421.02, F.S.; clarifying a legislative finding

  4         with respect to the inability of private

  5         enterprise to revitalize blighted areas; public

  6         housing; amending s. 421.08, F.S.; authorizing

  7         a housing authority to create a for-profit or

  8         not-for-profit corporation, limited liability

  9         company, or similar entity to develop and

10         operate residential homes or nonresidential

11         projects; providing qualifications for a family

12         to live in such a residential home; authorizing

13         a corporation, limited liability company, or

14         similar entity created by a housing authority

15         to join with other entities to develop and

16         operate residential or nonresidential projects;

17         ratifying certain prior actions of a housing

18         authority; authorizing the governing board of a

19         housing authority to implement its own policy

20         regarding per diem and travel expenses of its

21         officials, officers, employees, and board

22         members; amending s. 421.09, F.S.; providing

23         that the certain limitations regarding the

24         operation and management of a housing project

25         do not restrict the activities of a for-profit

26         or not-for-profit business entity created by

27         the housing authority under s. 421.08, F.S.;

28         amending s. 421.23, F.S.; authorizing a housing

29         authority to use certain pledged funds to pay

30         liabilities arising from the operation of its

31         housing projects; repealing s. 421.54, F.S.,

                                  1

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






    Florida Senate - 2005                                   SB 334
    37-270-05




 1         relating to certain limitations on constructing

 2         housing projects in Orange and Seminole

 3         Counties; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsection (2) of section 421.02, Florida

 8  Statutes, is amended to read:

 9         421.02  Finding and declaration of necessity.--It is

10  hereby declared that:

11         (2)  Blighted Slum areas in the state cannot be

12  revitalized cleared, nor can the shortage of safe and sanitary

13  dwellings for persons of low income be relieved, through the

14  operation of private enterprise, and that the construction of

15  housing projects for persons of low income, as herein defined,

16  would therefore not be competitive with private enterprise.

17         Section 2.  Present subsection (8) of section 421.08,

18  Florida Statutes, is redesignated as subsection (10), and a

19  new subsection (8) and subsection (9) are added to that

20  section, to read:

21         421.08  Powers of authority.--An authority shall

22  constitute a public body corporate and politic, exercising the

23  public and essential governmental functions set forth in this

24  chapter, and having all the powers necessary or convenient to

25  carry out and effectuate the purpose and provisions of this

26  chapter, including the following powers in addition to others

27  herein granted:

28         (8)  To create a for-profit or not-for-profit

29  corporation, limited liability company, or other similar

30  business entity under the laws of this state in which the

31  housing authority may hold an ownership interest or

                                  2

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






    Florida Senate - 2005                                   SB 334
    37-270-05




 1  participate in its governance in order to develop, acquire,

 2  lease, construct, rehabilitate, manage, or operate multifamily

 3  or single-family residential projects. These projects may

 4  include nonresidential uses and may use public and private

 5  funds to serve individuals or families who meet the applicable

 6  income requirements of the state or federal program involved,

 7  whose income does not exceed 150 percent of the applicable

 8  median income for the area, as established by the United

 9  States Department of Housing and Urban Development, and who,

10  in the determination of the housing authority, lack sufficient

11  income or assets to enable them to purchase or rent a decent,

12  safe, and sanitary dwelling. These corporations, limited

13  liability companies, or other business entities may join

14  partnerships, joint ventures, or limited liability companies

15  or may otherwise engage with business entities in developing,

16  acquiring, leasing, constructing, rehabilitating, managing, or

17  operating such projects. The creation of such corporations,

18  limited liability companies, or other business entities by a

19  housing authority for the purposes set forth in this chapter,

20  together with all proceedings, acts, and things undertaken,

21  performed, or done before the effective date of this act are

22  validated, ratified, confirmed, approved, and declared legal

23  in all respects.

24         (9)  Notwithstanding s. 112.061, the governing board of

25  an authority may approve and implement policies for per diem,

26  travel, and other expenses of its officials, officers, board

27  members, employees, and authorized persons in a manner

28  consistent with federal guidelines.

29         Section 3.  Section 421.09, Florida Statutes, is

30  amended to read:

31         421.09  Operation not for profit.--

                                  3

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






    Florida Senate - 2005                                   SB 334
    37-270-05




 1         (1)  It is the policy of this state that each housing

 2  authority shall manage and operate its housing projects in an

 3  efficient manner so as to enable it to fix the rentals for

 4  dwelling accommodations at the lowest possible rates

 5  consistent with its providing decent, safe, and sanitary

 6  dwelling accommodations, and that a no housing authority may

 7  not shall construct or operate any such project for profit, or

 8  as a source of revenue to the city.  To this end an authority

 9  may not shall fix the rentals for dwellings in its project at

10  a no higher rate than it finds shall find to be necessary in

11  order to produce revenues that which, together with all other

12  available moneys, revenue, income, and receipts of the

13  authority from whatever sources derived, will be sufficient:

14         (a)(1)  To pay, as they the same shall become due, the

15  principal and interest on the debentures of the authority;

16         (b)(2)  To meet the cost of, and to provide for,

17  maintaining and operating the projects, including the cost of

18  any insurance, and the administrative expenses of the

19  authority; and

20         (c)(3)  To create, during not less than the 6 years

21  immediately succeeding its issuance of any debentures, a

22  reserve sufficient to meet the largest principal and interest

23  payments that which will be due on such debentures in any one

24  year thereafter, and to maintain such reserve.

25         (2)  This section does not prohibit or restrict the

26  activities or operations of a business entity created under s.

27  421.08(8).

28         Section 4.  Section 421.23, Florida Statutes, is

29  amended to read:

30         421.23  Liabilities of authority.--In no event shall

31  The liabilities, whether ex contractu or ex delicto, of an

                                  4

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






    Florida Senate - 2005                                   SB 334
    37-270-05




 1  authority arising from the operation of its housing projects,

 2  may not be paid payable from any funds other than the rents,

 3  fees, or revenues of such projects and any grants or subsidies

 4  paid to such authority by the Federal Government, unless other

 5  funds are lawfully pledged by the authority's governing board.

 6         Section 5.  Section 421.54, Florida Statutes, is

 7  repealed.

 8         Section 6.  This act shall take effect upon becoming a

 9  law.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Authorizes a housing authority to create a for-profit or
      not-for-profit corporation, limited liability company, or
14    other entity to develop and operate residential homes or
      nonresidential projects. Provides qualifications for a
15    family to live in such a residential home. Authorizes an
      entity created by a housing authority to join with other
16    business entities to develop and operate a residential or
      nonresidential project. Authorizes the governing board of
17    a housing authority to implement its own policy regarding
      per diem and travel expenses.  Provides that the certain
18    restrictions regarding the operation and management of a
      housing project do not limit the activities of an entity
19    created by a housing authority. Provides for a housing
      authority to use certain funds for liabilities arising
20    from the operation of its housing projects.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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