CS/HB 1375

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	163.3177, F.S.; revising elements of local government
4	comprehensive plans relating to future land use and
5	housing; requiring certain counties to adopt a financially
6	feasible plan for ensuring adequate workforce housing by a
7	specified date; providing a definition; providing a
8	penalty; amending s. 163.31771, F.S.; authorizing local
9	governments to elect not to apply transportation
10	concurrency and impact fee requirements on accessory units
11	on certain accessory dwelling units; amending s. 163.3180,
12	F.S.; authorizing local governments to grant an exception
13	from the concurrency requirement for transportation
14	facilities; authorizing local governments to exempt
15	certain trips from the concurrency requirement; amending
16	s. 163.3184, F.S.; authorizing certain local government
17	comprehensive plan amendments to be expedited; providing
18	requirements for amendment notices; requiring a public
19	hearing; amending s. 163.3187, F.S.; authorizing certain
20	local government comprehensive plan amendments to be
21	adopted more than twice a year; creating s. 193.018, F.S.;
22	creating the Affordable Housing Property Tax Relief
23	Initiative; providing criteria to be used in assessing
24	just valuation of certain affordable housing properties;
25	providing assessment guidelines; authorizing certain
26	agreements to be considered a land use regulation and a
27	limitation on the highest and best use of the property;
28	creating s. 193.0185, F.S.; providing a definition;
29	providing assessment criteria for improvements used for
30	permanently affordable housing subject to a 99-year ground
31	lease; amending s. 196.1978, F.S.; revising an affordable
32	housing property exemption to require that the owner be a
33	corporation not for profit or a Florida limited
34	partnership the sole general partner of which is such a
35	corporation; expanding the scope of the exemption;
36	amending s. 380.06, F.S.; providing exemptions from
37	transportation concurrency regulations for certain
38	affordable workforce housing units; providing that certain
39	additional trips do not reduce development of regional
40	impact development order entitlements; amending s.
41	420.504, F.S.; providing that the corporation is a state
42	agency for purposes of the state allocation pool;
43	authorizing the corporation to provide notice of internal
44	review committee meetings by publication on an Internet
45	website; providing that the corporation is not governed by
46	certain provisions relating to corporations not for
47	profit; providing that a designee may represent the
48	Secretary of Community Affairs on the board of directors;
49	amending s. 420.506, F.S.; deleting a provision relating
50	to lease of certain state employees; amending s. 420.5061,
51	F.S.; deleting obsolete provisions; removing a provision
52	requiring all assets and liabilities and rights and
53	obligations of the Florida Housing Finance Agency to be
54	transferred to the corporation; providing that the
55	corporation is the legal successor to the agency; removing
56	a provision requiring the corporation to make transfers to
57	certain trust funds; removing a provision requiring all
58	state property in use by the agency to be transferred to
59	and become the property of the corporation; amending s.
60	420.507, F.S.; removing a requirement that the corporation
61	prepare and submit a budget request to the secretary of
62	the department; providing the corporation the power to
63	require that an agreement be recorded in the official
64	records of the county where the real property is located;
65	amending s. 420.5095, F.S.; requiring the corporation to
66	establish a review committee for the Community Workforce
67	Housing Innovation Pilot Program; providing for
68	membership; requiring the corporation to establish a
69	scoring system for evaluation and competitive ranking of
70	applications; providing powers and duties of the
71	committee; requiring the corporation's board of directors
72	to make the final ranking and program participant
73	decision; revising which projects may receive priority
74	consideration for funding; requiring the processing of
75	certain approvals of development orders or development
76	permits to be expedited; providing applicant requirements;
77	authorizing certain incentives to be offered by local
78	governments for program participants; creating s.
79	420.5096, F.S.; creating the Florida Housing Preservation
80	Bridge Loan Program; providing legislative findings;
81	providing purpose; providing definitions; providing
82	eligibility criteria; providing agreement requirements;
83	providing reporting requirements; providing rulemaking
84	authority; authorizing use of funds for administration and
85	monitoring; amending s. 420.526, F.S.; increasing the
86	threshold that certain predevelopment loans may not
87	exceed; amending s. 420.606, F.S.; revising legislative
88	findings and purpose of the training and technical
89	assistance program; amending s. 420.9076, F.S.; increasing
90	affordable housing advisory committee membership;
91	providing membership criteria; authorizing the use of
92	fewer members under certain circumstances; revising and
93	providing duties of the advisory committee; amending s.
94	1001.64, F.S.; providing for certain properties owned by
95	community colleges to be used for affordable housing for
96	community college faculty or other college personnel;
97	providing an effective date.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Paragraphs (a) and (f) of subsection (6) of
102	section 163.3177, Florida Statutes, are amended to read:
103	163.3177  Required and optional elements of comprehensive
104	plan; studies and surveys.--
105	(6)  In addition to the requirements of subsections (1)-(5)
106	and (12), the comprehensive plan shall include the following
107	elements:
108	(a)  A future land use plan element designating proposed
109	future general distribution, location, and extent of the uses of
110	land for residential uses, commercial uses, industry,
111	agriculture, recreation, conservation, education, public
112	buildings and grounds, other public facilities, and other
113	categories of the public and private uses of land. Counties are
114	encouraged to designate rural land stewardship areas, pursuant
115	to the provisions of paragraph (11)(d), as overlays on the
116	future land use map. Each future land use category must be
117	defined in terms of uses included, and must include standards to
118	be followed in the control and distribution of population
119	densities and building and structure intensities. The proposed
120	distribution, location, and extent of the various categories of
121	land use shall be shown on a land use map or map series which
122	shall be supplemented by goals, policies, and measurable
123	objectives. The future land use plan shall be based upon
124	surveys, studies, and data regarding the area, including the
125	amount of land required to accommodate anticipated growth; the
126	projected population of the area; the character of undeveloped
127	land; the availability of water supplies, public facilities, and
128	services; the need for redevelopment, including the renewal of
129	blighted areas and the elimination of nonconforming uses which
130	are inconsistent with the character of the community; the
131	compatibility of uses on lands adjacent to or closely proximate
132	to military installations; the need for affordable housing
133	adjacent to or closely proximate to employment centers; and, in
134	rural communities, the need for job creation, capital
135	investment, and economic development that will strengthen and
136	diversify the community's economy. The future land use plan may
137	designate areas for future planned development use involving
138	combinations of types of uses for which special regulations may
139	be necessary to ensure development in accord with the principles
140	and standards of the comprehensive plan and this act. The future
141	land use plan element shall include criteria to be used to
142	achieve the compatibility of adjacent or closely proximate lands
143	with military installations. If the local government elects to
144	provide transportation concurrency exceptions for trips
145	associated with affordable housing, the future land use plan
146	element shall include criteria used to determine how the local
147	government will determine what qualifies as affordable housing
148	adjacent to or closely proximate to employment centers. In
149	addition, for rural communities, the amount of land designated
150	for future planned industrial use shall be based upon surveys
151	and studies that reflect the need for job creation, capital
152	investment, and the necessity to strengthen and diversify the
153	local economies, and shall not be limited solely by the
154	projected population of the rural community. The future land use
155	plan of a county may also designate areas for possible future
156	municipal incorporation. The land use maps or map series shall
157	generally identify and depict historic district boundaries and
158	shall designate historically significant properties meriting
159	protection. For coastal counties, the future land use element
160	must include, without limitation, regulatory incentives and
161	criteria that encourage the preservation of recreational and
162	commercial working waterfronts as defined in s. 342.07. The
163	future land use element must clearly identify the land use
164	categories in which public schools are an allowable use. When
165	delineating the land use categories in which public schools are
166	an allowable use, a local government shall include in the
167	categories sufficient land proximate to residential development
168	to meet the projected needs for schools in coordination with
169	public school boards and may establish differing criteria for
170	schools of different type or size. Each local government shall
171	include lands contiguous to existing school sites, to the
172	maximum extent possible, within the land use categories in which
173	public schools are an allowable use. The failure by a local
174	government to comply with these school siting requirements will
175	result in the prohibition of the local government's ability to
176	amend the local comprehensive plan, except for plan amendments
177	described in s. 163.3187(1)(b), until the school siting
178	requirements are met. Amendments proposed by a local government
179	for purposes of identifying the land use categories in which
180	public schools are an allowable use are exempt from the
181	limitation on the frequency of plan amendments contained in s.
182	163.3187. The future land use element shall include criteria
183	that encourage the location of schools proximate to urban
184	residential areas to the extent possible and shall require that
185	the local government seek to collocate public facilities, such
186	as parks, libraries, and community centers, with schools to the
187	extent possible and to encourage the use of elementary schools
188	as focal points for neighborhoods. For schools serving
189	predominantly rural counties, defined as a county with a
190	population of 100,000 or fewer, an agricultural land use
191	category shall be eligible for the location of public school
192	facilities if the local comprehensive plan contains school
193	siting criteria and the location is consistent with such
194	criteria. Local governments required to update or amend their
195	comprehensive plan to include criteria and address compatibility
196	of adjacent or closely proximate lands with existing military
197	installations in their future land use plan element shall
198	transmit the update or amendment to the department by June 30,
199	2006.
200	(f)1.  A housing element consisting of standards, plans,
201	and principles to be followed in:
202	a.  The provision of housing for all current and
203	anticipated future residents of the jurisdiction.
204	b.  The elimination of substandard dwelling conditions.
205	c.  The structural and aesthetic improvement of existing
206	housing.
207	d.  The provision of adequate sites for future housing,
208	including housing for low-income, very low-income, and moderate-
209	income families, mobile homes, and group home facilities and
210	foster care facilities, with supporting infrastructure and
211	public facilities.
212	e.  The provision of for relocation housing and
213	identification of historically significant and other housing for
214	purposes of conservation, rehabilitation, or replacement.
215	f.  The formulation of housing implementation programs.
216	g.  The creation or preservation of affordable housing to
217	minimize the need for additional local services and avoid the
218	concentration of affordable housing units only in specific areas
219	of the jurisdiction.
220	h.  The provision of housing adjacent to or closely
221	proximate to employment centers that reduce trip lengths and is
222	affordable to the employees and persons served by the employment
223	center.
224	i.  By July 1, 2008, counties in which the difference
225	between the buying power of a family of four and the median
226	county home sale price exceeds $150,000 as determined by the
227	Florida Housing Finance Corporation, and that are not designated
228	as an area of critical state concern, shall adopt a financially
229	feasible plan for ensuring adequate affordable workforce
230	housing, as defined in s. 380.0651(3)(j). At a minimum, the plan
231	shall identify and provide adequate sites for such housing. For
232	purposes of this sub-subparagraph, the term "workforce housing"
233	means housing that is affordable to natural persons or families
234	whose total household income does not exceed 140 percent of the
235	area median income, adjusted for household size.
236	j.  Failure by a local government to comply with the
237	requirement of sub-subparagraph h. will result in the local
238	government being ineligible to receive any state housing
239	assistance grants until the requirement of that sub-subparagraph
240	is met.
241
242	The goals, objectives, and policies of the housing element must
243	be based on the data and analysis prepared on housing needs,
244	including the affordable housing needs assessment. State and
245	federal housing plans prepared on behalf of the local government
246	must be consistent with the goals, objectives, and policies of
247	the housing element. Local governments are encouraged to utilize
248	job training, job creation, and economic solutions to address a
249	portion of their affordable housing concerns.
250	2.  To assist local governments in housing data collection
251	and analysis and assure uniform and consistent information
252	regarding the state's housing needs, the state land planning
253	agency shall conduct an affordable housing needs assessment for
254	all local jurisdictions on a schedule that coordinates the
255	implementation of the needs assessment with the evaluation and
256	appraisal reports required by s. 163.3191. Each local government
257	shall utilize the data and analysis from the needs assessment as
258	one basis for the housing element of its local comprehensive
259	plan. The agency shall allow a local government the option to
260	perform its own needs assessment, if it uses the methodology
261	established by the agency by rule.
262	3.  The housing element shall contain goals and policies to
263	guide the local government in facilitating private and public
264	provision of affordable housing to serve the residents and
265	workforce with consideration given to recommendations by the
266	affordable housing advisory committee pursuant to s. 420.9076,
267	if applicable.
268	Section 2.  Subsection (5) of section 163.31771, Florida
269	Statutes, is amended to read:
270	163.31771  Accessory dwelling units.--
271	(5)  Each accessory dwelling unit allowed by an ordinance
272	adopted under this section shall apply toward satisfying the
273	affordable housing component of the housing element in the local
274	government's comprehensive plan under s. 163.3177(6)(f). The
275	local government may elect not to apply transportation
276	concurrency and impact fee requirements on accessory units that
277	are subject to a recorded land use restriction agreement
278	restricting the unit's use to affordable housing.
279	Section 3.  Subsection (5) of section 163.3180, Florida
280	Statutes, is amended to read:
281	163.3180  Concurrency.--
282	(5)(a)  The Legislature finds that under limited
283	circumstances dealing with transportation facilities,
284	countervailing planning and public policy goals may come into
285	conflict with the requirement that adequate public facilities
286	and services be available concurrent with the impacts of such
287	development. The Legislature further finds that often the
288	unintended result of the concurrency requirement for
289	transportation facilities is the discouragement of urban infill
290	development and redevelopment. Such unintended results directly
291	conflict with the goals and policies of the state comprehensive
292	plan and the intent of this part. Therefore, exceptions from the
293	concurrency requirement for transportation facilities may be
294	granted as provided by this subsection.
295	(b)  A local government may grant an exception from the
296	concurrency requirement for transportation facilities if the
297	proposed development is otherwise consistent with the adopted
298	local government comprehensive plan and is a project that
299	promotes public transportation, provides affordable housing in
300	close proximity to employment centers, or is located within an
301	area designated in the comprehensive plan for:
302	1.  Urban infill development,
303	2.  Urban redevelopment,
304	3.  Downtown revitalization, or
305	4.  Urban infill and redevelopment under s. 163.2517.
306	(c)  The Legislature also finds that developments located
307	within urban infill, urban redevelopment, existing urban
308	service, or downtown revitalization areas or areas designated as
309	urban infill and redevelopment areas under s. 163.2517 which
310	pose only special part-time demands on the transportation system
311	should be excepted from the concurrency requirement for
312	transportation facilities. A special part-time demand is one
313	that does not have more than 200 scheduled events during any
314	calendar year and does not affect the 100 highest traffic volume
315	hours.
316	(d)  The Legislature finds that where residential units are
317	placed in close proximity to places of employment to reduce the
318	burden on transportation facilities, and where the units are
319	developed in a manner to be affordable to the workforce of that
320	employment center, local governments should consider the
321	systemwide benefits to the transportation system and may exempt
322	trips associated with the residential units from concurrency if
323	locating additional residential units in specific areas will
324	reduce long trip length burdens on the larger transportation
325	system.
326	(e)(d)  A local government shall establish guidelines in
327	the comprehensive plan for granting the exceptions authorized in
328	paragraphs (b), and (c), and (d) and subsections (7) and (15)
329	which must be consistent with and support a comprehensive
330	strategy adopted in the plan to promote the purpose of the
331	exceptions.
332	(f)(e)  The local government shall adopt into the plan and
333	implement strategies to support and fund mobility within the
334	designated exception area, including alternative modes of
335	transportation. The plan amendment shall also demonstrate how
336	strategies will support the purpose of the exception and how
337	mobility within the designated exception area will be provided.
338	In addition, the strategies must address urban design;
339	appropriate land use mixes, including intensity and density; and
340	network connectivity plans needed to promote urban infill,
341	redevelopment, or downtown revitalization. The comprehensive
342	plan amendment designating the concurrency exception area shall
343	be accompanied by data and analysis justifying the size of the
344	area.
345	(g)(f)  Prior to the designation of a concurrency exception
346	area, the Department of Transportation shall be consulted by the
347	local government to assess the impact that the proposed
348	exception area is expected to have on the adopted level-of-
349	service standards established for Strategic Intermodal System
350	facilities, as defined in s. 339.64, and roadway facilities
351	funded in accordance with s. 339.2819. Further, the local
352	government shall, in cooperation with the Department of
353	Transportation, develop a plan to mitigate any impacts to the
354	Strategic Intermodal System, including, if appropriate, the
355	development of a long-term concurrency management system
356	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
357	may be available only within the specific geographic area of the
358	jurisdiction designated in the plan. Pursuant to s. 163.3184,
359	any affected person may challenge a plan amendment establishing
360	these guidelines and the areas within which an exception could
361	be granted.
362	(h)(g)  Transportation concurrency exception areas existing
363	prior to July 1, 2005, shall meet, at a minimum, the provisions
364	of this section by July 1, 2006, or at the time of the
365	comprehensive plan update pursuant to the evaluation and
366	appraisal report, whichever occurs last.
367	Section 4.  Subsection (19) is added to section 163.3184,
368	Florida Statutes, to read:
369	163.3184  Process for adoption of comprehensive plan or
370	plan amendment.--
371	(19)  Any local government that identifies in its
372	comprehensive plan the types of housing developments and
373	conditions for which it will consider plan amendments that are
374	consistent with the local housing incentive strategies
375	identified in s. 420.9076 and authorized by the local government
376	may expedite consideration of such plan amendments. At least 30
377	days prior to adopting a plan amendment pursuant to this
378	subsection, the local government shall provide notice to the
379	state land planning agency of its intent to adopt such an
380	amendment, and the notice shall include the local government's
381	evaluation related to site suitability and availability of
382	facilities and services. A plan amendment considered under this
383	subsection shall require only a single public hearing before the
384	local governmental body, which shall be a plan amendment
385	adoption hearing as described in subsection (7). The public
386	notice of the hearing required under subparagraph (15)(b)2.
387	shall include a statement that the local government intends to
388	utilize the expedited adoption process authorized by this
389	subsection. The state land planning agency shall issue its
390	notice of intent required under subsection (8) within 30 days
391	after determining that the amendment package is complete. Any
392	further proceedings shall be governed by subsections (9)-(16).
393	Section 5.  Paragraph (p) is added to subsection (1) of
394	section 163.3187, Florida Statutes, to read:
395	163.3187  Amendment of adopted comprehensive plan.--
396	(1)  Amendments to comprehensive plans adopted pursuant to
397	this part may be made not more than two times during any
398	calendar year, except:
399	(p)  Any local government comprehensive plan amendment that
400	is consistent with the local housing incentive strategies
401	identified in s. 420.9076 and is authorized by the local
402	government.
403	Section 6.  Section 193.018, Florida Statutes, is created
404	to read:
405	193.018  Affordable Housing Property Tax Relief
406	Initiative.--
407	(1)  For the purpose of assessing just valuation of
408	affordable housing properties that have a land use restriction
409	recorded with the clerk of the county that requires
410	affordability, as provided in this subsection, for a period of
411	at least 20 years, the actual rental income from rent-restricted
412	units in each property shall be recognized by the property
413	appraiser for assessment purposes, and a rental income approach
414	pursuant to s. 193.011(7) shall be used for assessment of the
415	following affordable housing properties:
416	(a)  Properties that are funded and rent restricted by the
417	United States Department of Housing and Urban Development under
418	s. 8 of the United States Housing Act of 1937 that are used to
419	provide affordable housing serving eligible persons as defined
420	by s. 159.603(7) and elderly persons, extremely-low-income
421	persons, and very-low-income persons as defined by s.
422	420.0004(7), (8), and (15) and that has undergone financial
423	restructuring as provided in s. 501, Title V, Subtitle A of the
424	Multifamily Assisted Housing Reform and Affordability Act of
425	1997;
426	(b)  Multifamily, farmworker, or elderly rental properties
427	that are funded and rent restricted by the Florida Housing
428	Finance Corporation under ss. 420.5087, 420.5089, and 420.5095,
429	the State Housing Initiatives Partnership Program under ss.
430	420.9072 and 420.9075, and s. 42 of the Internal Revenue Code of
431	1986, as amended; the HOME Investment Partnership Program under
432	the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C.
433	ss. 12741 et seq.; or the Federal Home Loan Banks' Affordable
434	Housing Program established pursuant to the Financial
435	Institutions Reform, Recovery and Enforcement Act of 1989, Pub.
436	L. No. 101-73; or
437	(c)  Multifamily residential rental properties of 10 or
438	more units that are certified as being deed restricted by the
439	local public housing agency as having 100 percent of its units
440	providing affordable housing to extremely-low-income persons,
441	low-income persons, moderate-income persons, and very-low-income
442	persons, as defined by s. 420.0004(8), (10), (11), and (15).
443	(2)  Properties used for affordable housing which have
444	received a low-income housing tax credit from the Florida
445	Housing Finance Corporation, as authorized by s. 420.5099, shall
446	be assessed with the rental income approach under s. 193.011(7)
447	and, consistent with s. 420.5099(5) and (6), pursuant to this
448	section, the following assumptions shall apply:
449	(a)  The tax credits granted and the financing generated by
450	the tax credits may not be considered as income to the property.
451	(b)  The actual rental income from rent-restricted units in
452	each property shall be recognized by the property appraiser as
453	the real rents for assessing just value.
454	(c)  Any costs paid for by tax credits and costs paid for
455	by additional financing proceeds received under chapter 420 may
456	not be included in the valuation of the property.
457	(3)  If an extended low-income housing agreement is filed
458	in the official public records of the county in which an
459	affordable housing property serving extremely-low-income
460	persons, low-income persons, moderate-income persons, and very-
461	low-income persons, as defined in s. 420.0004(8), (10), (11),
462	and (15), is located, the agreement and any recorded amendment
463	or supplement thereto shall be considered a land use regulation
464	and a limitation on the highest and best use of the property
465	during the term of the agreement, amendment, or supplement.
466	Section 7.  Section 193.0185, Florida Statutes, is created
467	to read:
468	193.0185  Assessment of improvements on lands used by a
469	community land trust to provide affordable housing.--
470	(1)  As used in this section, the term "community land
471	trust" means a nonprofit entity that is qualified as charitable
472	under s. 501(c)(3) of the Internal Revenue Code and has as one
473	of its purposes the acquisition of land to be held in perpetuity
474	for the primary purpose of providing affordable homeownership
475	through the conveyance of structural improvements located on
476	such land, subject to a ground lease having a term of 99 years,
477	while retaining a preemptive option to purchase any structural
478	improvements on the land at a price determined by a formula that
479	is designed to ensure that the improvements remain affordable to
480	persons who meet the income limits in s. 420.0004(8), (10),
481	(11), or (15).
482	(2)  In assessing property for ad valorem taxation under s.
483	193.011, an improvement used for affordable housing on land
484	owned by a community land trust and subject to such a ground
485	lease shall be assessed according to the following criteria:
486	(a)  The amount a willing purchaser would pay a willing
487	seller shall be limited to the amount determined by the formula
488	in the ground lease.
489	(b)  If the ground lease and all amendments and supplements
490	to such lease, or a memorandum documenting how such lease and
491	amendments or supplements restrict the price at which the
492	improvements may be sold, is recorded and filed in the official
493	public records of the county in which the leased land is
494	located, the lease and any amendments or supplements shall be
495	deemed a land use regulation during the term of the lease as
496	amended or supplemented.
497	Section 8.  Section 196.1978, Florida Statutes, is amended
498	to read:
499	196.1978  Affordable housing property exemption.--Property
500	used to provide affordable housing serving eligible persons as
501	defined by s. 159.603(7) and persons meeting income limits
502	specified in s. 420.0004(8), (10), (11), and (15), which
503	property is owned entirely by a nonprofit entity that is a
504	corporation not for profit pursuant to chapter 617 or a Florida
505	limited partnership, the sole general partner of which is a
506	corporation not for profit pursuant to chapter 617, that which
507	is qualified as charitable under s. 501(c)(3) of the Internal
508	Revenue Code, and that and which complies with Rev. Proc. 96-32,
509	1996-1 C.B. 717, shall be considered property owned by an exempt
510	entity and used for a charitable purpose, and those portions of
511	the affordable housing property which provide housing to
512	individuals with incomes as defined in s. 420.0004(10) and (15)
513	shall be exempt from ad valorem taxation to the extent
514	authorized in s. 196.196. All property identified in this
515	section shall comply with the criteria for determination of
516	exempt status to be applied by property appraisers on an annual
517	basis as defined in s. 196.195. The Legislature intends that any
518	property owned by a limited liability company or limited
519	partnership which is disregarded as an entity for federal income
520	tax purposes pursuant to Treasury Regulation 301.7701-
521	3(b)(1)(ii) shall be treated as owned by its sole member.
522	Section 9.  Paragraph (i) of subsection (19) of section
523	380.06, Florida Statutes, is amended to read:
524	380.06  Developments of regional impact.--
525	(19)  SUBSTANTIAL DEVIATIONS.--
526	(i)  An increase in the number of residential dwelling
527	units shall not constitute a substantial deviation and shall not
528	be subject to development-of-regional-impact review for
529	additional impacts, provided that all the residential dwelling
530	units are dedicated to affordable workforce housing and the
531	total number of new residential units does not exceed 200
532	percent of the substantial deviation threshold. The affordable
533	workforce housing shall be subject to a recorded land use
534	restriction that shall be for a period of not less than 20 years
535	and that includes resale provisions to ensure long-term
536	affordability for income-eligible homeowners and renters. For
537	purposes of this paragraph, the term "affordable workforce
538	housing" means housing that is affordable to a person who earns
539	less than 120 percent of the area median income, or less than
540	140 percent of the area median income if located in a county in
541	which the median purchase price for a single-family existing
542	home exceeds the statewide median purchase price of a single-
543	family existing home. For purposes of this paragraph, the term
544	"statewide median purchase price of a single-family existing
545	home" means the statewide purchase price as determined in the
546	Florida Sales Report, Single-Family Existing Homes, released
547	each January by the Florida Association of Realtors and the
548	University of Florida Real Estate Research Center. The
549	affordable workforce housing units developed in accordance with
550	these provisions which are in close proximity to employment
551	centers, as determined by the local government in accordance
552	with s. 163.3177(6)(a), shall be exempt from transportation
553	concurrency regulations of s. 163.3180 and shall not reduce any
554	transportation trip generation entitlements of the approved
555	development-of-regional-impact development order.
556	Section 10.  Subsections (2) and (3) of section 420.504,
557	Florida Statutes, are amended to read:
558	420.504  Public corporation; creation, membership, terms,
559	expenses.--
560	(2)  The corporation is constituted as a public
561	instrumentality, and the exercise by the corporation of the
562	power conferred by this act is considered to be the performance
563	of an essential public function. The corporation is shall
564	constitute an agency for the purposes of s. 120.52. The
565	corporation is a state agency for purposes of s. 159.807(4)(a).
566	The corporation is subject to chapter 119, subject to exceptions
567	applicable to the corporation, and to the provisions of chapter
568	286; however, the corporation shall be entitled to provide
569	notice of internal review committee meetings for competitive
570	proposals or procurement to applicants by mail, or facsimile, or
571	publication on an Internet website, rather than by means of
572	publication. The corporation is not governed by chapter 607 or
573	chapter 617, but by the provisions of this part. If for any
574	reason the establishment of the corporation is deemed in
575	violation of law, such provision is severable and the remainder
576	of this act remains in full force and effect.
577	(3)  The corporation is a separate budget entity and is not
578	subject to control, supervision, or direction by the Department
579	of Community Affairs in any manner, including, but not limited
580	to, personnel, purchasing, transactions involving real or
581	personal property, and budgetary matters. The corporation shall
582	consist of a board of directors composed of the Secretary of
583	Community Affairs, or the secretary's designee, as an ex officio
584	and voting member and eight members appointed by the Governor
585	subject to confirmation by the Senate from the following:
586	(a)  One citizen actively engaged in the residential home
587	building industry.
588	(b)  One citizen actively engaged in the banking or
589	mortgage banking industry.
590	(c)  One citizen who is a representative of those areas of
591	labor engaged in home building.
592	(d)  One citizen with experience in housing development who
593	is an advocate for low-income persons.
594	(e)  One citizen actively engaged in the commercial
595	building industry.
596	(f)  One citizen who is a former local government elected
597	official.
598	(g)  Two citizens of the state who are not principally
599	employed as members or representatives of any of the groups
600	specified in paragraphs (a)-(f).
601	Section 11.  Section 420.506, Florida Statutes, is amended
602	to read:
603	420.506  Executive director; agents and employees.--The
604	appointment and removal of an executive director shall be by the
605	Secretary of Community Affairs, with the advice and consent of
606	the corporation's board of directors. The executive director
607	shall employ legal and technical experts and such other agents
608	and employees, permanent and temporary, as the corporation may
609	require, and shall communicate with and provide information to
610	the Legislature with respect to the corporation's activities.
611	The board is authorized, notwithstanding the provisions of s.
612	216.262, to develop and implement rules regarding the employment
613	of employees of the corporation and service providers, including
614	legal counsel. The corporation is authorized to enter into a
615	lease agreement with the Department of Management Services or
616	the Department of Community Affairs for the lease of state
617	employees from such entities, wherein an employee shall retain
618	his or her status as a state employee but shall work under the
619	direct supervision of the corporation, and shall retain the
620	right to participate in the Florida Retirement System. The board
621	of directors of the corporation is entitled to establish travel
622	procedures and guidelines for employees of the corporation. The
623	executive director's office and the corporation's files and
624	records must be located in Leon County.
625	Section 12.  Section 420.5061, Florida Statutes, is amended
626	to read:
627	420.5061  Transfer of agency assets and
628	liabilities.--Effective January 1, 1998, all assets and
629	liabilities and rights and obligations, including any
630	outstanding contractual obligations, of the agency shall be
631	transferred to The corporation is the as legal successor in all
632	respects to the agency, and. the corporation is shall thereupon
633	become obligated to the same extent as the agency under any
634	existing agreements existing on December 31, 1997, and is be
635	entitled to any rights and remedies previously afforded the
636	agency by law or contract, including specifically the rights of
637	the agency under chapter 201 and part VI of chapter 159. The
638	corporation is a state agency for purposes of s. 159.807(4)(a).
639	Effective January 1, 1998, all references under Florida law to
640	the agency are deemed to mean the corporation. The corporation
641	shall transfer to the General Revenue Fund an amount which
642	otherwise would have been deducted as a service charge pursuant
643	to s. 215.20(1) if the Florida Housing Finance Corporation Fund
644	established by s. 420.508(5), the State Apartment Incentive Loan
645	Fund established by s. 420.5087(7), the Florida Homeownership
646	Assistance Fund established by s. 420.5088(4), the HOME
647	Investment Partnership Fund established by s. 420.5089(1), and
648	the Housing Predevelopment Loan Fund established by s.
649	420.525(1) were each trust funds. For purposes of s. 112.313,
650	the corporation is deemed to be a continuation of the agency,
651	and the provisions thereof are deemed to apply as if the same
652	entity remained in place. Any employees of the agency and agency
653	board members covered by s. 112.313(9)(a)6. shall continue to be
654	entitled to the exemption in that subparagraph, notwithstanding
655	being hired by the corporation or appointed as board members of
656	the corporation. Effective January 1, 1998, all state property
657	in use by the agency shall be transferred to and become the
658	property of the corporation.
659	Section 13.  Subsection (30) of section 420.507, Florida
660	Statutes, is amended, and subsection (46) is added to that
661	section, to read:
662	420.507  Powers of the corporation.--The corporation shall
663	have all the powers necessary or convenient to carry out and
664	effectuate the purposes and provisions of this part, including
665	the following powers which are in addition to all other powers
666	granted by other provisions of this part:
667	(30)  To prepare and submit to the Executive Office of the
668	Governor, the President of the Senate, and the Speaker of the
669	House of Representatives secretary of the department a budget
670	request for purposes of the corporation, which request shall,
671	notwithstanding the provisions of chapter 216 and in accordance
672	with s. 216.351, contain a request for operational expenditures
673	and separate requests for other authorized corporation programs.
674	The request shall not be required to contain information on the
675	number of employees, salaries, or any classification thereof,
676	and the approved operating budget therefor need not comply with
677	s. 216.181(8)-(10). The secretary is authorized to include
678	within the department's budget request the corporation's budget
679	request in the form as authorized by this section.
680	(46)  To require, as a condition of financing a multifamily
681	rental project, that an agreement be recorded in the official
682	records of the county where the real property is located, which
683	requires that the project be used for housing defined as
684	affordable in s. 420.0004(3) by persons defined in 420.0004(8),
685	(10), (11), and (15). Such an agreement is a state land use
686	regulation that limits the highest and best use of the property
687	within the meaning of s. 193.011(2).
688	Section 14.  Section 420.5095, Florida Statutes, is amended
689	to read:
690	420.5095  Community Workforce Housing Innovation Pilot
691	Program.--
692	(1)  The Legislature finds and declares that recent rapid
693	increases in the median purchase price of a home and the cost of
694	rental housing have far outstripped the increases in median
695	income in the state, preventing essential services personnel
696	from living in the communities where they serve and thereby
697	creating the need for innovative solutions for the provision of
698	housing opportunities for essential services personnel.
699	(2)  The Community Workforce Housing Innovation Pilot
700	Program is created to provide affordable rental and home
701	ownership community workforce housing for essential services
702	personnel affected by the high cost of housing, using regulatory
703	incentives and state and local funds to promote local public-
704	private partnerships and leverage government and private
705	resources.
706	(3)  For purposes of this section, the following
707	definitions apply:
708	(a)  "Workforce housing" means housing affordable to
709	natural persons or families whose total annual household income
710	does not exceed 140 percent of the area median income, adjusted
711	for household size, or 150 percent of area median income,
712	adjusted for household size, in areas of critical state concern
713	designated under s. 380.05, for which the Legislature has
714	declared its intent to provide affordable housing, and areas
715	that were designated as areas of critical state concern for at
716	least 20 consecutive years prior to removal of the designation.
717	(b)  "Essential services personnel" means persons in need
718	of affordable housing who are employed in occupations or
719	professions in which they are considered essential services
720	personnel, as defined by each county and eligible municipality
721	within its respective local housing assistance plan pursuant to
722	s. 420.9075(3)(a).
723	(c)  "Public-private partnership" means any form of
724	business entity that includes substantial involvement of at
725	least one county, one municipality, or one public sector entity,
726	such as a school district or other unit of local government in
727	which the project is to be located, and at least one private
728	sector for-profit or not-for-profit business or charitable
729	entity, and may be any form of business entity, including a
730	joint venture or contractual agreement.
731	(4)  The Florida Housing Finance Corporation is authorized
732	to provide Community Workforce Housing Innovation Pilot Program
733	loans to an applicant for new construction or rehabilitation of
734	workforce housing in eligible areas. The corporation shall
735	establish a funding process and selection criteria by rule or
736	request for proposals. This funding is intended to be used with
737	other public and private sector resources.
738	(5)(a)  The corporation shall provide by rule for the
739	establishment of a review committee composed of corporation
740	staff and, in addition, may include three private citizens
741	representing the areas of housing or real estate development,
742	banking, community planning, or other areas related to the
743	development or financing of workforce affordable housing. The
744	review and selection process shall include a process for curing
745	minor errors in the applications. The corporation shall
746	establish by rule a scoring system for evaluation and
747	competitive ranking of applications submitted in this program,
748	including, but not limited to, the following criteria:
749	1.  Private and public sector entities' involvement as
750	partners in the project.
751	2.  The sponsor's agreement to reserve at least 50 percent
752	of the units in the project for essential services personnel.
753	3.  Projects requiring the most effective use of the
754	community workforce housing loan.
755	4.  Contributions to the project.
756	5.  Local government comprehensive planning, zoning,
757	permitting, and other regulatory and financial incentives that
758	promote workforce housing or commitment to be innovative with
759	existing regulatory incentive structures to promote workforce
760	housing.
761	6.  Proximity to employment centers and transportation
762	facilities.
763	7.  Project feasibility.
764	8.  Economic viability of the project.
765	9.  Commitment of first mortgage financing.
766	10.  The sponsor's prior affordable housing development and
767	management experience.
768	11.  The sponsor's ability to proceed with construction.
769	(b)  The corporation may reject any and all applications.
770	(c)  The corporation may approve and reject applications
771	for the purpose of achieving geographic and demographic
772	targeting.
773	(d)  The review committee established pursuant to this
774	subsection shall make recommendations to the board of directors
775	of the corporation regarding program participation under the
776	Community Workforce Housing Innovation Pilot Program.
777	(e)  The corporation's board of directors shall make the
778	final ranking and the decisions regarding which applicants shall
779	become program participants based on the scores received in the
780	competitive ranking, further review of applications, and the
781	recommendations of the review committee. The board shall approve
782	or reject applications for loans and shall determine the
783	tentative loan amount available to each applicant selected for
784	participation in the program. The maximum loan amount shall be
785	determined pursuant to rule adopted by the corporation.
786	(6)(5)  The corporation shall provide incentives for local
787	governments in eligible areas to use local affordable housing
788	funds, such as those from the State Housing Initiatives
789	Partnership Program, to assist in meeting the affordable housing
790	needs of persons eligible under this program. For workforce
791	housing projects funded under this program, local governments
792	are authorized to utilize State Housing Initiatives Partnership
793	Program funds for persons or families with incomes up to 140
794	percent of the area median income and, in areas of critical
795	state concern designated under s. 380.05, for which the
796	Legislature has declared its intent to provide affordable
797	housing, and in areas that were designated as areas of critical
798	state concern for at least 20 consecutive years prior to removal
799	of the designation, 150 percent of the area median income.
800	(7)(6)  Funding shall be targeted to innovative projects in
801	areas where:
802	(a)  The disparity between the area median income and the
803	median sales price for a single-family home is greatest;, and
804	for projects in areas where
805	(b)  The population growth as a percentage rate of increase
806	is greatest; and
807	(c)  There is a demonstrated need for workforce housing for
808	essential services personnel and. The corporation may also fund
809	projects in areas where innovative regulatory and financial
810	incentives are made available or committed by the local
811	government or private sector.
812
813	The corporation shall fund at least one eligible project in as
814	many counties and regions of the state as is practicable,
815	consistent with program goals as possible.
816	(8)(7)  Projects shall receive priority consideration for
817	funding where:
818	(a)  The local jurisdiction has adopted, or is committed to
819	adopting or providing, adopts appropriate regulatory incentives,
820	local contributions or financial strategies, or other funding
821	sources to promote the development and ongoing financial
822	viability of such projects. Local incentives include such
823	actions as expediting review of development orders and permits,
824	supporting development near transportation hubs and major
825	employment centers, and adopting land development regulations
826	designed to allow flexibility in densities, use of accessory
827	units, mixed-use developments, and flexible lot configurations.
828	Financial strategies include such actions as promoting employer-
829	assisted housing programs, providing tax increment financing,
830	and providing land.
831	(b)  Projects are innovative and include new construction
832	or rehabilitation, mixed-income housing, or commercial and
833	housing mixed-use elements and those that promote homeownership.
834	The program funding shall not exceed the costs attributable to
835	the portion of the project that is set aside to provide housing
836	for the targeted population.
837	(c)  Projects that set aside at least 80 percent of units
838	for workforce housing and at least 50 percent for essential
839	services personnel and for projects that require the least
840	amount of program funding compared to the overall housing costs
841	for the project.
842	(d)  Projects that utilize innovative design and techniques
843	in order to reduce the future costs to the homeowner related to
844	maintenance, utilities, or insurance.
845	(9)(8)  Notwithstanding the provisions of s. 163.3184(3)-
846	(6), any local government comprehensive plan amendment to
847	implement a Community Workforce Housing Innovation Pilot Program
848	project found consistent with the provisions of this section
849	shall be expedited as provided in this subsection. At least 30
850	days prior to adopting a plan amendment pursuant to this
851	subsection, the local government shall notify the state land
852	planning agency of its intent to adopt such an amendment, and
853	the notice shall include its evaluation related to site
854	suitability and availability of facilities and services. The
855	public notice of the hearing required by s. 163.3184(15)(b)2.
856	163.3184(15)(e) shall include a statement that the local
857	government intends to utilize the expedited adoption process
858	authorized by this subsection. Such amendments shall require
859	only a single public hearing before the governing board, which
860	shall be an adoption hearing as described in s. 163.3184(7), and
861	the state land planning agency shall issue its notice of intent
862	pursuant to s. 163.3184(8) within 30 days after determining that
863	the amendment package is complete. Any further proceedings shall
864	be governed by ss. 163.3184(9)-(16). Amendments proposed under
865	this section are not subject to the restriction of s.
866	163.3187(1) limiting the adoption of a comprehensive plan
867	amendment to no more than two times during any calendar year.
868	(10)  The processing of approvals of development orders or
869	development permits, as defined in s. 163.3164(7) and (8), for
870	affordable housing projects shall be expedited.
871	(11)(9)  The corporation shall award loans with interest
872	rates set at 1 to 3 percent, which may be made forgivable when
873	long-term affordability is provided and when at least 80 percent
874	of the units are set aside for workforce housing and at least 50
875	percent of the units are set aside for essential services
876	personnel.
877	(12)(10)  All eligible applications shall:
878	(a)  For home ownership, limit the sales price of a
879	detached unit, townhome, or condominium unit to not more than 90
880	80 percent of the median sales price for that type of unit in
881	that county, or the statewide median sales price for that type
882	of unit, whichever is higher, and require that all eligible
883	purchasers of home ownership units occupy the homes as their
884	primary residence.
885	(b)  For rental units, restrict rents for all workforce
886	housing serving those with incomes at or below 120 percent of
887	area median income at the appropriate income level using the
888	restricted rents for the federal low-income housing tax credit
889	program and, for workforce housing units serving those with
890	incomes above 120 percent of area median income, restrict rents
891	to those established by the corporation, not to exceed 30
892	percent of the maximum household income adjusted to unit size.
893	(c)  Demonstrate that the applicant is a public-private
894	partnership in an agreement, contract, partnership agreement,
895	memorandum of understanding, or other written instrument signed
896	by all the project partners.
897	(d)  Have grants, donations of land, or contributions from
898	the public-private partnership or other sources collectively
899	totaling at least 10 15 percent of the total development cost or
900	$2 million, whichever is less. Such grants, donations of land,
901	or contributions must be evidenced by a letter of commitment, an
902	agreement, contract, deed, memorandum of understanding, or other
903	written instrument only at the time of application. Grants,
904	donations of land, or contributions in excess of 10 15 percent
905	of the development cost shall increase the application score.
906	(e)  Demonstrate how the applicant will use the regulatory
907	incentives and financial strategies outlined in paragraph (7)(a)
908	and subsection (13) from the local jurisdiction in which the
909	proposed project is to be located. The corporation may consult
910	with the Department of Community Affairs in evaluating the use
911	of regulatory incentives by applicants.
912	(f)  Demonstrate that the applicant possesses title to or
913	site control of land and evidences availability of required
914	infrastructure.
915	(g)  Demonstrate the applicant's affordable housing
916	development and management experience.
917	(h)  Provide any research or facts available supporting the
918	demand and need for rental or home ownership workforce housing
919	for eligible persons in the market in which the project is
920	proposed.
921	(13)  Local governments are authorized to make available to
922	approved Community Workforce Housing Innovation Pilot Program
923	projects workforce housing incentives to promote the financial
924	viability, successful development, and ongoing maintenance of
925	these housing developments, including, but not limited to:
926	(a)  Impact fees may be reduced, may be waived entirely, or
927	may be deferred by the local government, or an applicant may be
928	provided with an alternative method of fee payment.
929	(b)  Increased density levels or higher density per acre
930	may be allowed.
931	(c)  The infrastructure capacity in the local comprehensive
932	plan for affordable housing may be reserved for these
933	communities.
934	(d)  Additional affordable residential units in residential
935	zoning districts may be allowed.
936	(e)  Open space and setback requirements for affordable
937	housing may be reduced by 50 percent.
938	(f)  Zero-lot-line configurations may be allowed.
939	(g)  Trips associated with affordable housing in close
940	proximity of employment centers may be exempt from
941	transportation concurrency pursuant to s. 163.3180(5)(d).
942	(h)  Local transportation infrastructure funding may be
943	prioritized by local metropolitan planning organizations.
944	(i)  Local State Housing Initiatives Partnership program
945	funds may be used to support construction of workforce housing
946	projects and down payment assistance for residents with incomes
947	that do not exceed 140 percent of the area median income
948	residing in such projects.
949	(j)  Tax increment financing may be made available to
950	workforce housing projects to assist in maintaining long-term
951	affordability of the units.
952	(14)(11)  Projects may include manufactured housing
953	constructed after June 1994 and installed in accordance with
954	mobile home installation standards of the Department of Highway
955	Safety and Motor Vehicles.
956	(15)(12)  The corporation may adopt rules pursuant to ss.
957	120.536(1) and 120.54 to implement the provisions of this
958	section.
959	(16)(13)  The corporation may use a maximum of 2 percent of
960	the annual program appropriation for administration and
961	compliance monitoring.
962	(17)(14)  The corporation shall review the success of the
963	Community Workforce Housing Innovation Pilot Program to
964	ascertain whether the projects financed by the program are
965	useful in meeting the housing needs of eligible areas. The
966	corporation shall submit its report and any recommendations
967	regarding the program to the Governor, the Speaker of the House
968	of Representatives, and the President of the Senate not later
969	than 2 months after the end of the corporation's fiscal year.
970	Section 15.  Section 420.5096, Florida Statutes, is created
971	to read:
972	420.5096  The Florida Housing Preservation Bridge Loan
973	Program.--
974	(1)  The Legislature finds and declares that preserving
975	affordable multifamily rental and mobile home park housing for
976	low-income families is essential to Florida's economy and the
977	well-being of all of its citizens; that the state lacks
978	sufficient resources to preserve substantial numbers of
979	multifamily rental properties and mobile home parks that
980	currently provide affordable housing to thousands of Floridians;
981	and that there are state and national community development
982	financial institutions with established experience in securing
983	and deploying public, private, and philanthropic capital to
984	preserve affordable housing; therefore, the Legislature finds a
985	need to use state funds to leverage public, private, and
986	philanthropic capital to preserve affordable rental housing and
987	mobile home parks.
988	(2)  There is created the Florida Housing Preservation
989	Bridge Loan Program for the purpose of establishing a revolving
990	bridge loan program to preserve mobile home parks and affordable
991	multifamily rental housing for low-income persons and families.
992	(3)  For purposes of this section, the following
993	definitions apply:
994	(a)  "Bridge loan" means short-term financing of up to 3
995	years for acquisition, rehabilitation, or predevelopment costs
996	necessary to stabilize or position a property for permanent
997	financing.
998	(b)  "Eligible project" means an expiring use property,
999	mobile home park, or other nonregulated affordable multifamily
1000	property.
1001	(c)  "Expiring use property" means a property that has
1002	income restrictions on its use to benefit low-income persons and
1003	families, which restrictions will terminate within 2 years of
1004	the application for funding.
1005	(4)  To be eligible to receive funds under this program, an
1006	entity shall:
1007	(a)  Be certified by the United States Department of the
1008	Treasury as a community development financial institution.
1009	(b)  Be a qualified s. 501(c)(3) organization under the
1010	Internal Revenue Code.
1011	(c)  Possess a demonstrated record and ability to
1012	effectively deploy financing for community development purposes.
1013	(d)  Demonstrate knowledge and experience in lending to
1014	acquire, develop, and rehabilitate affordable housing.
1015	(e)  Demonstrate knowledge and experience in raising
1016	matching capital from private, public, and philanthropic
1017	sources.
1018	(f)  Have statewide lending operations.
1019	(g)  Demonstrate experience and capacity to provide,
1020	directly or through contracts with other entities, technical
1021	assistance to developers.
1022	(h)  Document established and proven underwriting policies,
1023	risk management ratings, portfolio management, and servicing
1024	systems.
1025	(i)  Have an independent financial audit for prior years.
1026	(j)  Meet requirements established by rule.
1027	(5)  A community development financial institution that
1028	receives state funds under this program shall create a revolving
1029	affordable housing preservation bridge loan fund to make loans
1030	to eligible projects. Multifamily rental properties that are
1031	affordable to low-income persons and families without rental
1032	restrictions, but which will institute rental restrictions as a
1033	condition of this funding, may be funded after expiring use
1034	properties and mobile home park projects are funded.
1035	(6)  The corporation shall establish a funding process and
1036	selection criteria by rule or by issuing a request for proposals
1037	to select entities for funding.
1038	(a)  The corporation may reject any and all applicants.
1039	(b)  The corporation may establish a review committee by
1040	rule and shall make recommendations to the board regarding
1041	program participation selection. The board shall determine the
1042	final ranking for participation based on the scores received in
1043	the ranking, further review of the applications, and the
1044	recommendations of the review committee. The board shall approve
1045	or reject applicants and shall determine the tentative funding
1046	amount available to each applicant. The final funding amount
1047	shall be determined by rule.
1048	(7)  Prior to providing any assistance, the corporation and
1049	the participant shall execute an agreement that requires the
1050	participant to comply with all other terms and conditions of
1051	assistance.
1052	(8)  In the event of fraud, mismanagement, or noncompliance
1053	with the applicable statutes, rules, or terms and conditions of
1054	the agreement on the part of the participant, the corporation
1055	may:
1056	(a)  Require changes in the agreement;
1057	(b)  Reduce or terminate funding;
1058	(c)  Require repayment of any funding that has been
1059	distributed;
1060	(d)  Revoke the participation in the program; or
1061	(e)  Take such other actions as the corporation deems
1062	appropriate.
1063	(9)  A participant shall submit such financial and activity
1064	reports and data at such times and in such forms as required by
1065	the corporation to ensure compliance and to evaluate the
1066	participant's performance in this program.
1067	(10)  The corporation may adopt rules pursuant to ss.
1068	120.536(1) and 120.54 to implement the provisions of this
1069	section.
1070	(11)  The corporation may use a maximum of 2 percent of the
1071	annual program appropriation for administration and compliance
1072	monitoring.
1073	Section 16.  Paragraph (b) of subsection (7) of section
1074	420.526, Florida Statutes, is amended to read:
1075	420.526  Predevelopment Loan Program; loans and grants
1076	authorized; activities eligible for support.--
1077	(7)  No predevelopment loan made under this section shall
1078	exceed the lesser of:
1079	(b)  Seven hundred and fifty Five hundred thousand dollars.
1080	Section 17.  Subsections (1) and (2) of section 420.606,
1081	Florida Statutes, are amended to read:
1082	420.606  Training and technical assistance program.--
1083	(1)  LEGISLATIVE FINDINGS.--In addition to the legislative
1084	findings set forth in s. 420.6015, the Legislature finds and
1085	declares that:
1086	(a)  Housing in economically declining or distressed areas
1087	is frequently substandard and is often unaffordable to very-low-
1088	income persons and low-income persons.;
1089	(b)  Recent rapid increases in the median purchase price of
1090	homes and the cost of rental housing have far outstripped the
1091	increases in median income in the state, preventing essential
1092	services personnel from living in the communities where they
1093	serve and thereby creating the need for innovative solutions for
1094	the provision of housing opportunities for essential services
1095	personnel.
1096	(c)(b)  Community-based organizations often have limited
1097	experience in development of quality housing for very-low-income
1098	persons and low-income persons in economically declining or
1099	distressed areas.; and
1100	(d)  The private market should be encouraged to provide
1101	affordable rental and home ownership housing for essential
1102	services personnel affected by the high cost of housing.
1103	Technical assistance should address development costs through
1104	promoting local public-private partnerships that leverage
1105	government and private resources.
1106	(e)(c)  The staffs and board members of community-based
1107	organizations need additional training in housing development as
1108	well as technical support to assist them in gaining the
1109	experience they need to better serve their communities.
1110	(f)(d)  The staffs of state and regional agencies and local
1111	governments, whether directly involved in the production of
1112	affordable housing or acting in a supportive role, can better
1113	serve the goals of state and local governments if their
1114	expertise in housing development is expanded.
1115	(2)  PURPOSE.--The purpose of this section is to provide
1116	community-based organizations and staff of state and local
1117	governments with the necessary training and technical assistance
1118	to meet the needs of very-low-income persons, low-income
1119	persons, and moderate-income persons for standard, affordable
1120	housing and for workforce housing in those areas where housing
1121	costs have severely limited housing affordability.
1122	Section 18.  Subsections (2), (4), (5), and (6) of section
1123	420.9076, Florida Statutes, are amended, and subsection (8) is
1124	added to that section, to read:
1125	420.9076  Adoption of affordable housing incentive
1126	strategies; committees.--
1127	(2)  The governing board of a county or municipality shall
1128	appoint the members of the affordable housing advisory committee
1129	by resolution. Pursuant to the terms of any interlocal
1130	agreement, a county and municipality may create and jointly
1131	appoint an advisory committee to prepare a joint plan. The
1132	ordinance adopted pursuant to s. 420.9072 which creates the
1133	advisory committee or the resolution appointing the advisory
1134	committee members must provide for 11 nine committee members and
1135	their terms. The committee must include:
1136	(a)  One citizen who is actively engaged in the residential
1137	home building industry in connection with affordable housing.
1138	(b)  One citizen who is actively engaged in the banking or
1139	mortgage banking industry in connection with affordable housing.
1140	(c)  One citizen who is a representative of those areas of
1141	labor actively engaged in home building in connection with
1142	affordable housing.
1143	(d)  One citizen who is actively engaged as an advocate for
1144	low-income persons in connection with affordable housing.
1145	(e)  One citizen who is actively engaged as a for-profit
1146	provider of affordable housing.
1147	(f)  One citizen who is actively engaged as a not-for-
1148	profit provider of affordable housing.
1149	(g)  One citizen who is actively engaged as a real estate
1150	professional in connection with affordable housing.
1151	(h)  One citizen who actively serves on the local planning
1152	agency pursuant to s. 163.3174.
1153	(i)  One citizen who resides within the jurisdiction of the
1154	local governing body making the appointments.
1155	(j)  One citizen who represents employers within the
1156	jurisdiction.
1157	(k)  One citizen who represents essential services
1158	personnel, as defined in the local housing assistance plan.
1159
1160	If a county or eligible municipality whether due to its small
1161	size, the presence of a conflict of interest by prospective
1162	appointees, or other reasonable factor, is unable to appoint a
1163	citizen actively engaged in these activities in connection with
1164	affordable housing, a citizen engaged in the activity without
1165	regard to affordable housing may be appointed. Local governments
1166	that receive the minimum allocation under the State Housing
1167	Initiatives Partnership Program may elect to appoint an
1168	affordable housing advisory committee with fewer than 11
1169	representatives if they are unable to find representatives that
1170	meet the criteria of paragraphs (a)-(k).
1171	(4)  Biennially, the advisory committee shall review the
1172	established policies and procedures, ordinances, land
1173	development regulations, and adopted local government
1174	comprehensive plan of the appointing local government and shall
1175	recommend specific actions or initiatives to encourage or
1176	facilitate affordable housing while protecting the ability of
1177	the property to appreciate in value. Such recommendations may
1178	include the modification or repeal of existing policies,
1179	procedures, ordinances, regulations, or plan provisions; the
1180	creation of exceptions applicable to affordable housing; or the
1181	adoption of new policies, procedures, regulations, ordinances,
1182	or plan provisions. At a minimum, each advisory committee shall
1183	submit a report to the local governing body that includes make
1184	recommendations on, and every 2 years thereafter evaluates the
1185	implementation of, affordable housing incentives in the
1186	following areas:
1187	(a)  The processing of approvals of development orders or
1188	permits, as defined in s. 163.3164(7) and (8), for affordable
1189	housing projects is expedited to a greater degree than other
1190	projects.
1191	(b)  The modification of impact-fee requirements, including
1192	reduction or waiver of fees and alternative methods of fee
1193	payment for affordable housing.
1194	(c)  The allowance of flexibility in densities increased
1195	density levels for affordable housing.
1196	(d)  The reservation of infrastructure capacity for housing
1197	for very-low-income persons, and low-income persons, and
1198	moderate income persons.
1199	(e)  The allowance of affordable accessory residential
1200	units in residential zoning districts.
1201	(f)  The reduction of parking and setback requirements for
1202	affordable housing.
1203	(g)  The allowance of flexible lot configurations,
1204	including zero-lot-line configurations for affordable housing.
1205	(h)  The modification of street requirements for affordable
1206	housing.
1207	(i)  The establishment of a process by which a local
1208	government considers, before adoption, policies, procedures,
1209	ordinances, regulations, or plan provisions that increase the
1210	cost of housing.
1211	(j)  The preparation of a printed inventory of locally
1212	owned public lands suitable for affordable housing.
1213	(k)  The support of development near transportation hubs
1214	and major employment centers and mixed-use developments.
1215
1216	The advisory committee recommendations may must also include
1217	other affordable housing incentives identified by the advisory
1218	committee. Local governments that receive the minimum allocation
1219	under the State Housing Initiatives Partnership Program shall
1220	perform the initial review, but may elect to not perform the
1221	biennial review.
1222	(5)  The approval by the advisory committee of its local
1223	housing incentive strategies recommendations and its review of
1224	local government implementation of previously recommended
1225	strategies must be made by affirmative vote of a majority of the
1226	membership of the advisory committee taken at a public hearing.
1227	Notice of the time, date, and place of the public hearing of the
1228	advisory committee to adopt final local housing incentive
1229	strategies recommendations must be published in a newspaper of
1230	general paid circulation in the county. Such notice must contain
1231	a short and concise summary of the local housing incentives
1232	strategies recommendations to be considered by the advisory
1233	committee. The notice must state the public place where a copy
1234	of the tentative advisory committee recommendations can be
1235	obtained by interested persons.
1236	(6)  Within 90 days after the date of receipt of the local
1237	housing incentive strategies recommendations from the advisory
1238	committee, the governing body of the appointing local government
1239	shall adopt an amendment to its local housing assistance plan to
1240	incorporate the local housing incentive strategies it will
1241	implement within its jurisdiction. The amendment must include,
1242	at a minimum, the local housing incentive strategies required in
1243	s. 420.9071(16). The local government must consider the
1244	strategies specified in paragraphs (4)(a)-(k) as recommended by
1245	the advisory committee (4)(a)-(j).
1246	(8)  The advisory committee may perform other
1247	responsibilities at the request of the local government,
1248	including:
1249	(a)  The provision of mentoring services to affordable
1250	housing partners, including developers, banking institutions,
1251	employers, and others to identify available incentives, assist
1252	with applications for funding requests, and develop partnerships
1253	between various parties.
1254	(b)  The creation of best practices for development of
1255	affordable housing in the community.
1256	Section 19.  Subsections (38) through (46) of section
1257	1001.64, Florida Statutes, are renumbered as subsections (39)
1258	through (47), respectively, and a new subsection (38) is added
1259	to that section, to read:
1260	1001.64  Community college boards of trustees; powers and
1261	duties.--
1262	(38)  Each board of trustees may use portions of property
1263	sites purchased within the guidelines of the State Requirements
1264	for Educational Facilities, land deemed not usable for
1265	educational purposes because of location or other factors, or
1266	land declared surplus by the board to provide sites for
1267	affordable housing for community college faculty or other
1268	college personnel independently or in conjunction with local
1269	governments and planning authorities. Each board of trustees may
1270	enter into lease-purchase arrangements with private or not-for-
1271	profit entities or corporations to accomplish this objective.
1272	Section 20.  This act shall take effect July 1, 2007.

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