CS/HB 699

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	125.0104, F.S.; allowing certain counties to use certain
4	tax revenues for workforce, affordable, and employee
5	housing; amending s. 159.807, F.S.; deleting a provision
6	exempting the Florida Housing Finance Corporation from the
7	applicability of certain uses of the state allocation
8	pool; amending s. 196.1978, F.S.; providing that property
9	owned by certain nonprofit entities or Florida-based
10	limited partnerships and used or held for the purpose of
11	providing affordable housing to certain income-qualified
12	persons is exempt from ad valorem taxation; revising
13	legislative intent; providing that such ad valorem tax
14	exemption extends to land owned by an exempt entity and
15	subject to a 99-year ground lease for the purpose of
16	providing affordable housing; providing that such ad
17	valorem tax exemption extends to undeveloped property
18	owned by an exempt entity that has taken affirmative steps
19	to prepare the property for future use as affordable
20	housing; defining the term "affirmative steps"; providing
21	for the rejection of the ad valorem tax exemption under
22	certain circumstances; requiring a property appraiser to
23	reassess the just valuation of the property under certain
24	circumstances; providing the total amount of taxes, non-ad
25	valorem assessments, and interest for the period such
26	exemption was effective become due when exemptions are
27	found to have been obtained improperly or by fraud or
28	misrepresentation; requiring the property appraiser to
29	notify the tax collector of certain changes in the use or
30	ownership of the property; amending s. 420.503, F.S.;
31	defining the term "moderate rehabilitation" for purposes
32	of the Florida Housing Finance Corporation Act; amending
33	s. 420.5061, F.S.; removing a provision requiring the
34	Florida Housing Finance Corporation to transfer certain
35	funds to the General Revenue Fund; amending s. 420.507,
36	F.S.; providing the corporation with certain powers
37	relating to developing and administering a grant program;
38	amending s. 420.5087, F.S.; revising purposes for which
39	state apartment incentive loans may be used; amending s.
40	420.5095, F.S.; providing for the disbursement of certain
41	Community Workforce Housing Innovation Pilot Program funds
42	that were awarded but have been declined or returned;
43	amending s. 420.615, F.S.; revising provisions relating to
44	comprehensive plan amendments; authorizing certain persons
45	to challenge the compliance of an amendment; creating s.
46	420.628, F.S.; providing legislative findings and intent;
47	requiring certain governmental entities to develop and
48	implement strategies and procedures designed to increase
49	affordable housing opportunities for young adults who are
50	leaving the child welfare system; amending s. 420.9071,
51	F.S.; revising and providing definitions; amending s.
52	420.9072, F.S.; conforming a cross-reference; amending s.
53	420.9073, F.S.; revising the frequency with which local
54	housing distributions are to be made by the corporation;
55	authorizing the corporation to withhold funds from the
56	total distribution annually for specified purposes;
57	requiring counties and eligible municipalities that
58	receive local housing distributions to expend those funds
59	in a specified manner; amending s. 420.9075, F.S.;
60	requiring that local housing assistance plans address the
61	special housing needs of persons with disabilities;
62	authorizing the corporation to define high-cost counties
63	and eligible municipalities by rule; authorizing high-cost
64	counties and certain municipalities to assist persons and
65	households meeting specific income requirements; revising
66	requirements to be included in the local housing
67	assistance plan; requiring counties and certain
68	municipalities to include certain initiatives and
69	strategies in the local housing assistance plan; revising
70	criteria that applies to awards made for the purpose of
71	providing eligible housing; authorizing and limiting the
72	percentage of funds from the local housing distribution
73	that may be used for manufactured housing; extending the
74	expiration date of an exemption from certain income
75	requirements in specified areas; authorizing the use of
76	certain funds for preconstruction activities; providing
77	that certain costs are a program expense; authorizing
78	counties and certain municipalities to award grant funds
79	under certain conditions; providing for the repayment of
80	funds by the local housing assistance trust fund; amending
81	s. 420.9076, F.S.; revising appointments to a local
82	affordable housing advisory committee; revising notice
83	requirements for public hearings of the advisory
84	committee; requiring the committee's final report,
85	evaluation, and recommendations to be submitted to the
86	corporation; deleting cross-references to conform to
87	changes made by the act; repealing s. 420.9078, F.S.,
88	relating to state administration of funds remaining in the
89	Local Government Housing Trust Fund; amending s. 420.9079,
90	F.S.; conforming cross-references; amending s. 1001.43,
91	F.S.; revising district school board powers and duties in
92	relation to use of land for affordable housing in certain
93	areas for certain personnel; providing an effective date.
94
95	Be It Enacted by the Legislature of the State of Florida:
96
97	Section 1.  Paragraph (m) of subsection (3) of section
98	125.0104, Florida Statutes, is amended to read:
99	125.0104  Tourist development tax; procedure for levying;
100	authorized uses; referendum; enforcement.--
101	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
102	(m)1.  In addition to any other tax which is imposed
103	pursuant to this section, a high tourism impact county may
104	impose an additional 1-percent tax on the exercise of the
105	privilege described in paragraph (a) by extraordinary vote of
106	the governing board of the county. The tax revenues received
107	pursuant to this paragraph shall be used for one or more of the
108	authorized uses pursuant to subsection (5). In addition, any
109	high tourism impact county that is designated as an area of
110	critical state concern pursuant to chapter 380 may also utilize
111	revenues received pursuant to this paragraph for affordable or
112	workforce housing as defined in chapter 420, or for affordable,
113	workforce, or employee housing as defined in any adopted
114	comprehensive plan, land development regulation, or local
115	housing assistance plan. Such authority for the use of revenues
116	for workforce, affordable, or employee housing shall extend for
117	10 years after the date of any de-designation of a location as
118	an area of critical state concern, or for the period of time
119	required under any bond or other financing issued in accordance
120	with or based upon the authority granted pursuant to the
121	provisions of this section. Revenues derived pursuant to this
122	paragraph shall be bondable in accordance with other laws
123	regarding revenue bonding. Should a high tourism impact county
124	designated as an area of critical state concern enact the tax
125	specified in this paragraph, the revenue generated shall be
126	distributed among incorporated and unincorporated areas based
127	upon a percentage equal to the amount of revenue derived by such
128	individual incorporated and unincorporated area. However,
129	nothing in this paragraph shall preclude an interlocal agreement
130	between local governments for the use of funds received pursuant
131	to this paragraph in a manner that addresses the provision of
132	affordable and workforce housing opportunities on a regional
133	basis or in accordance with a multijurisdictional housing
134	strategy, program, or policy.
135	2.  A county is considered to be a high tourism impact
136	county after the Department of Revenue has certified to such
137	county that the sales subject to the tax levied pursuant to this
138	section exceeded $600 million during the previous calendar year,
139	or were at least 18 percent of the county's total taxable sales
140	under chapter 212 where the sales subject to the tax levied
141	pursuant to this section were a minimum of $200 million, except
142	that no county authorized to levy a convention development tax
143	pursuant to s. 212.0305 shall be considered a high tourism
144	impact county. Once a county qualifies as a high tourism impact
145	county, it shall retain this designation for the period the tax
146	is levied pursuant to this paragraph.
147	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
148	to the adoption of the additional tax authorized in this
149	paragraph. The effective date of the levy and imposition of the
150	tax authorized under this paragraph shall be the first day of
151	the second month following approval of the ordinance by the
152	governing board or the first day of any subsequent month as may
153	be specified in the ordinance. A certified copy of such
154	ordinance shall be furnished by the county to the Department of
155	Revenue within 10 days after approval of such ordinance.
156	Section 2.  Subsection (4) of section 159.807, Florida
157	Statutes, is amended to read:
158	159.807  State allocation pool.--
159	(4)(a)  The state allocation pool shall also be used to
160	provide written confirmations for private activity bonds that
161	are to be issued by state agencies after June 1, which bonds,
162	notwithstanding any other provisions of this part, shall receive
163	priority in the use of the pool available at the time the notice
164	of intent to issue such bonds is filed with the division.
165	(b)  This subsection does not apply to the Florida Housing
166	Finance Corporation:
167	1.  Until its allocation pursuant to s. 159.804(3) has been
168	exhausted, is unavailable, or is inadequate to provide an
169	allocation pursuant to s. 159.804(3) and any carryforwards of
170	volume limitation from prior years for the same carryforward
171	purpose, as that term is defined in s. 146 of the Code, as the
172	bonds it intends to issue have been completely utilized or have
173	expired.
174	2.  Prior to July 1 of any year, when housing bonds for
175	which the Florida Housing Finance Corporation has made an
176	assignment of its allocation permitted by s. 159.804(3)(c) have
177	not been issued.
178	Section 3.  Section 196.1978, Florida Statutes, is amended
179	to read:
180	196.1978  Affordable housing property exemption.--
181	(1)  Property used or held for the purpose of providing to
182	provide affordable housing serving eligible persons as defined
183	by s. 159.603(7) and natural persons or families meeting the
184	extremely-low-income, very-low-income, low-income, or moderate-
185	income persons meeting income limits specified in s. 420.0004 s.
186	420.0004(8), (10), (11), and (15), which property is owned
187	entirely by a nonprofit entity that is a corporation not for
188	profit, qualified as charitable under s. 501(c)(3) of the
189	Internal Revenue Code and in compliance with Rev. Proc. 96-32,
190	1996-1 C.B. 717, or a Florida-based limited partnership, the
191	sole general partner of which is a corporation not for profit
192	which is qualified as charitable under s. 501(c)(3) of the
193	Internal Revenue Code and which complies with Rev. Proc. 96-32,
194	1996-1 C.B. 717, shall be considered property owned by an exempt
195	entity and used for a charitable purpose, and those portions of
196	the affordable housing property which provide housing to natural
197	persons or families classified as extremely low income, very low
198	income, low income, or moderate income under s. 420.0004
199	individuals with incomes as defined in s. 420.0004(10) and (15)
200	shall be exempt from ad valorem taxation to the extent
201	authorized in s. 196.196. All property identified in this
202	section shall comply with the criteria for determination of
203	exempt status to be applied by property appraisers on an annual
204	basis as defined in s. 196.195. The Legislature intends that any
205	property owned by a limited liability company or limited
206	partnership which is disregarded as an entity for federal income
207	tax purposes pursuant to Treasury Regulation 301.7701-
208	3(b)(1)(ii) shall be treated as owned by its sole member or sole
209	general partner.
210	(2)(a)  The exemption provided in this section shall extend
211	to land that is owned by an exempt entity and that is subject to
212	a 99-year ground lease for the purpose of providing affordable
213	housing.
214	(b)  The exemption provided in this section shall also
215	extend to undeveloped property owned by an exempt entity that
216	has taken affirmative steps to prepare the property to provide
217	affordable housing to eligible persons as defined by this
218	section. For purposes of this paragraph, the term "affirmative
219	steps" means demonstrating to the property appraiser that
220	activities have been initiated that will ensure future use of
221	the property for affordable housing, including, but not limited
222	to, proposals for property development, preliminary
223	environmental or land use permitting activities, site plans or
224	architectural plans, site preparation, construction or
225	renovation activities, financial plans, or any other activities
226	demonstrating that the property will be used to provide
227	affordable housing. If affirmative steps have not been taken
228	within 5 years, the property appraiser may reject the exempt
229	status of the property and reassess it based on other uses.
230	(3)  If there is a change in use or ownership of the
231	property that has been granted an exemption such that the
232	property owner is no longer entitled to claim the property as an
233	affordable rental housing property, or if there is a change in
234	the legal or beneficial ownership of the property to an entity
235	not qualified for this exemption, the property appraiser shall
236	reassess to determine the just valuation of the property
237	beginning with the year in which the exemption was granted.
238	(4)  If the exemption is found to have been obtained
239	improperly or by fraud or misrepresentation, the total amount of
240	taxes, non-ad valorem assessments, and interest for the period
241	such exemption was effective becomes due and payable November 1
242	of the year in which the change in use or ownership occurs or on
243	the date failure to maintain insurance occurs and is delinquent
244	on April 1 of the year following the year in which the change in
245	use or ownership in subsection (2) occurs.
246	(5)  When the property appraiser discovers that there has
247	been a change in the use or ownership of the property that has
248	been granted this exemption, the property appraiser shall notify
249	the tax collector in writing of the date such change occurs, and
250	the tax collector shall collect any taxes, non-ad valorem
251	assessments, and interest due or delinquent.
252	Section 4.  Present subsections (25) through (41) of
253	section 420.503, Florida Statutes, are redesignated as
254	subsections (26) through (42), respectively, and a new
255	subsection (25) is added to that section to read:
256	420.503  Definitions.--As used in this part, the term:
257	(25)  "Moderate rehabilitation" means repair or restoration
258	of a dwelling unit when the value of such repair or restoration
259	is 40 percent or less of the value of the dwelling but not less
260	than $10,000 per dwelling unit.
261	Section 5.  Section 420.5061, Florida Statutes, is amended
262	to read:
263	420.5061  Transfer of agency assets and liabilities.--The
264	corporation is the legal successor in all respects to the
265	agency, is obligated to the same extent as the agency under any
266	agreements existing on December 31, 1997, and is entitled to any
267	rights and remedies previously afforded the agency by law or
268	contract, including specifically the rights of the agency under
269	chapter 201 and part VI of chapter 159. Effective January 1,
270	1998, all references under Florida law to the agency are deemed
271	to mean the corporation. The corporation shall transfer to the
272	General Revenue Fund an amount which otherwise would have been
273	deducted as a service charge pursuant to s. 215.20(1) if the
274	Florida Housing Finance Corporation Fund established by s.
275	420.508(5), the State Apartment Incentive Loan Fund established
276	by s. 420.5087(7), the Florida Homeownership Assistance Fund
277	established by s. 420.5088(4), the HOME Investment Partnership
278	Fund established by s. 420.5089(1), and the Housing
279	Predevelopment Loan Fund established by s. 420.525(1) were each
280	trust funds. For purposes of s. 112.313, the corporation is
281	deemed to be a continuation of the agency, and the provisions
282	thereof are deemed to apply as if the same entity remained in
283	place. Any employees of the agency and agency board members
284	covered by s. 112.313(9)(a)6. shall continue to be entitled to
285	the exemption in that subparagraph, notwithstanding being hired
286	by the corporation or appointed as board members of the
287	corporation.
288	Section 6.  Subsection (47) is added to section 420.507,
289	Florida Statutes, to read:
290	420.507  Powers of the corporation.--The corporation shall
291	have all the powers necessary or convenient to carry out and
292	effectuate the purposes and provisions of this part, including
293	the following powers which are in addition to all other powers
294	granted by other provisions of this part:
295	(47)  To develop and administer the Florida Public Housing
296	Authority Preservation Grant Program. In developing and
297	administering the program, the corporation may:
298	(a)  Develop criteria for determining the priority for
299	expending grants to preserve and rehabilitate 30-year and older
300	buildings and units under public housing authority control as
301	defined in chapter 421.
302	(b)  Adopt rules for the grant program and exercise the
303	powers authorized in this section.
304	Section 7.  Paragraphs (c) and (l) of subsection (6) of
305	section 420.5087, Florida Statutes, are amended to read:
306	420.5087  State Apartment Incentive Loan Program.--There is
307	hereby created the State Apartment Incentive Loan Program for
308	the purpose of providing first, second, or other subordinated
309	mortgage loans or loan guarantees to sponsors, including for-
310	profit, nonprofit, and public entities, to provide housing
311	affordable to very-low-income persons.
312	(6)  On all state apartment incentive loans, except loans
313	made to housing communities for the elderly to provide for
314	lifesafety, building preservation, health, sanitation, or
315	security-related repairs or improvements, the following
316	provisions shall apply:
317	(c)  The corporation shall provide by rule for the
318	establishment of a review committee composed of the department
319	and corporation staff and shall establish by rule a scoring
320	system for evaluation and competitive ranking of applications
321	submitted in this program, including, but not limited to, the
322	following criteria:
323	1.  Tenant income and demographic targeting objectives of
324	the corporation.
325	2.  Targeting objectives of the corporation which will
326	ensure an equitable distribution of loans between rural and
327	urban areas.
328	3.  Sponsor's agreement to reserve the units for persons or
329	families who have incomes below 50 percent of the state or local
330	median income, whichever is higher, for a time period to exceed
331	the minimum required by federal law or the provisions of this
332	part.
333	4.  Sponsor's agreement to reserve more than:
334	a.  Twenty percent of the units in the project for persons
335	or families who have incomes that do not exceed 50 percent of
336	the state or local median income, whichever is higher; or
337	b.  Forty percent of the units in the project for persons
338	or families who have incomes that do not exceed 60 percent of
339	the state or local median income, whichever is higher, without
340	requiring a greater amount of the loans as provided in this
341	section.
342	5.  Provision for tenant counseling.
343	6.  Sponsor's agreement to accept rental assistance
344	certificates or vouchers as payment for rent.
345	7.  Projects requiring the least amount of a state
346	apartment incentive loan compared to overall project cost except
347	that the share of the loan attributable to units serving
348	extremely-low-income persons shall be excluded from this
349	requirement.
350	8.  Local government contributions and local government
351	comprehensive planning and activities that promote affordable
352	housing.
353	9.  Project feasibility.
354	10.  Economic viability of the project.
355	11.  Commitment of first mortgage financing.
356	12.  Sponsor's prior experience.
357	13.  Sponsor's ability to proceed with construction.
358	14.  Projects that directly implement or assist welfare-to-
359	work transitioning.
360	15.  Projects that reserve units for extremely-low-income
361	persons.
362	16.  Projects that include green building principles,
363	storm-resistant construction, or other elements that reduce
364	long-term costs relating to maintenance, utilities, or
365	insurance.
366	(l)  The proceeds of all loans shall be used for new
367	construction, moderate rehabilitation, or substantial
368	rehabilitation which creates or preserves affordable, safe, and
369	sanitary housing units.
370	Section 8.  Subsection (17) is added to section 420.5095,
371	Florida Statutes, to read:
372	420.5095  Community Workforce Housing Innovation Pilot
373	Program.--
374	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
375	of Florida, that were awarded but have been declined or returned
376	shall be made available for projects that otherwise comply with
377	the provisions of this section and that are created to provide
378	workforce housing for teachers and instructional personnel
379	employed by the school district in the county in which the
380	project is located.
381	(b)  Projects shall be given priority for funding when the
382	school district provides the property for the project pursuant
383	to s. 1001.43.
384	(c)  Projects shall be given priority for funding when the
385	public-private partnership includes the school district and a
386	national nonprofit organization to provide financial support,
387	technical assistance, and training for community-based
388	revitalization efforts.
389	(d)  Projects in counties which had a project selected for
390	funding that declined or returned funds shall be given priority
391	for funding.
392	(e)  Projects shall be selected for funding by requests for
393	proposals.
394	Section 9.  Subsection (5) of section 420.615, Florida
395	Statutes, is amended to read:
396	420.615  Affordable housing land donation density bonus
397	incentives.--
398	(5)  The local government, as part of the approval process,
399	shall adopt a comprehensive plan amendment, pursuant to part II
400	of chapter 163, for the receiving land that incorporates the
401	density bonus. Such amendment shall be deemed by operation of
402	law a small scale amendment, shall be subject only to the
403	requirements of adopted in the manner as required for small-
404	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
405	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
406	is exempt from s. 163.3187(1)(c)1. and the limitation on the
407	frequency of plan amendments as provided in s. 163.3187. An
408	affected person, as defined in s. 163.3184(1), may file a
409	petition for administrative review pursuant to the requirements
410	of s. 163.3187(3) to challenge the compliance of an adopted plan
411	amendment.
412	Section 10.  Section 420.628, Florida Statutes, is created
413	to read:
414	420.628  Affordable housing for children and young adults
415	leaving foster care; legislative findings and intent.--
416	(1)  The Legislature finds that there are many young adults
417	who, through no fault of their own, live in foster families,
418	group homes, and institutions and who face numerous barriers to
419	a successful transition to adulthood.
420	(2)  These youth in foster care are among those who may
421	enter adulthood without the knowledge, skills, attitudes,
422	habits, and relationships that will enable them to be productive
423	members of society.
424	(3)  The main barriers to safe and affordable housing for
425	youth aging out of the foster care system are cost, lack of
426	availability, the unwillingness of many landlords to rent to
427	them, and their own lack of knowledge about how to be good
428	tenants.
429	(4)  The Legislature also finds that young adults who
430	emancipate from the child welfare system are at risk of becoming
431	homeless and those who were formerly in foster care are
432	disproportionately represented in the homeless population.
433	Without the stability of safe housing, all other services,
434	training, and opportunities may not be effective.
435	(5)  The Legislature further finds that making affordable
436	housing available for young adults who transition from foster
437	care decreases their chance of homelessness and may increase
438	their ability to live independently in the future.
439	(6)  The Legislature affirms that young adults
440	transitioning out of foster care are to be considered eligible
441	persons, as defined in ss. 420.503(17) and 420.9071(10), for
442	affordable housing purposes and shall be encouraged to
443	participate in state, federal, and local affordable housing
444	programs.
445	(7)  It is therefore the intent of the Legislature to
446	encourage the Florida Housing Finance Corporation, State Housing
447	Initiative Partnership Program agencies, local housing finance
448	agencies, public housing authorities and their agents,
449	developers, and other providers of affordable housing to make
450	affordable housing available to youth transitioning out of
451	foster care whenever and wherever possible.
452	(8)  The Florida Housing Finance Corporation, State Housing
453	Initiative Partnership Program agencies, local housing finance
454	agencies, and public housing authorities shall coordinate with
455	the Department of Children and Family Services and their agents
456	and community-based care providers who are operating pursuant to
457	s. 409.1671 to develop and implement strategies and procedures
458	designed to increase affordable housing opportunities for young
459	adults who are leaving the child welfare system.
460	Section 11.  Subsections (4), (8), (16), and (25) of
461	section 420.9071, Florida Statutes, are amended, and subsections
462	(29) and (30) are added to that section, to read:
463	420.9071  Definitions.--As used in ss. 420.907-420.9079,
464	the term:
465	(4)  "Annual gross income" means annual income as defined
466	under the Section 8 housing assistance payments programs in 24
467	C.F.R. part 5; annual income as reported under the census long
468	form for the recent available decennial census; or adjusted
469	gross income as defined for purposes of reporting under Internal
470	Revenue Service Form 1040 for individual federal annual income
471	tax purposes or as defined by standard practices used in the
472	lending industry as detailed in the local housing assistance
473	plan and approved by the corporation. Counties and eligible
474	municipalities shall calculate income by annualizing verified
475	sources of income for the household as the amount of income to
476	be received in a household during the 12 months following the
477	effective date of the determination.
478	(8)  "Eligible housing" means any real and personal
479	property located within the county or the eligible municipality
480	which is designed and intended for the primary purpose of
481	providing decent, safe, and sanitary residential units that are
482	designed to meet the standards of the Florida Building Code or a
483	predecessor building code adopted under chapter 553, or
484	manufactured housing constructed after June 1994 and installed
485	in accordance with mobile home installation standards of the
486	Department of Highway Safety and Motor Vehicles, for home
487	ownership or rental for eligible persons as designated by each
488	county or eligible municipality participating in the State
489	Housing Initiatives Partnership Program.
490	(16)  "Local housing incentive strategies" means local
491	regulatory reform or incentive programs to encourage or
492	facilitate affordable housing production, which include at a
493	minimum, assurance that permits as defined in s. 163.3164(7) and
494	(8) for affordable housing projects are expedited to a greater
495	degree than other projects; an ongoing process for review of
496	local policies, ordinances, regulations, and plan provisions
497	that increase the cost of housing prior to their adoption; and a
498	schedule for implementing the incentive strategies. Local
499	housing incentive strategies may also include other regulatory
500	reforms, such as those enumerated in s. 420.9076 or those
501	recommended by the affordable housing advisory committee in its
502	triennial evaluation and adopted by the local governing body.
503	(25)  "Recaptured funds" means funds that are recouped by a
504	county or eligible municipality in accordance with the recapture
505	provisions of its local housing assistance plan pursuant to s.
506	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
507	which funds were not used for assistance to an eligible
508	household for an eligible activity, when there is a who default
509	on the terms of a grant award or loan award.
510	(29)  "Assisted housing" or "assisted housing development"
511	means a rental housing development, including rental housing in
512	a mixed-use development, that received or currently receives
513	funding from any federal or state housing program.
514	(30)  "Preservation" means actions taken to keep rents in
515	existing assisted housing affordable for extremely-low-income,
516	very-low-income, low-income, and moderate-income households
517	while ensuring that the property stays in good physical and
518	financial condition for an extended period.
519	Section 12.  Subsection (6) of section 420.9072, Florida
520	Statutes, is amended to read:
521	420.9072  State Housing Initiatives Partnership
522	Program.--The State Housing Initiatives Partnership Program is
523	created for the purpose of providing funds to counties and
524	eligible municipalities as an incentive for the creation of
525	local housing partnerships, to expand production of and preserve
526	affordable housing, to further the housing element of the local
527	government comprehensive plan specific to affordable housing,
528	and to increase housing-related employment.
529	(6)  The moneys that otherwise would be distributed
530	pursuant to s. 420.9073 to a local government that does not meet
531	the program's requirements for receipts of such distributions
532	shall remain in the Local Government Housing Trust Fund to be
533	administered by the corporation pursuant to s. 420.9078.
534	Section 13.  Subsections (1) and (2) of section 420.9073,
535	Florida Statutes, are amended, and subsections (5), (6), and (7)
536	are added to that section, to read:
537	420.9073  Local housing distributions.--
538	(1)  Distributions calculated in this section shall be
539	disbursed on a quarterly or more frequent monthly basis by the
540	corporation beginning the first day of the month after program
541	approval pursuant to s. 420.9072, subject to availability of
542	funds. Each county's share of the funds to be distributed from
543	the portion of the funds in the Local Government Housing Trust
544	Fund received pursuant to s. 201.15(9) shall be calculated by
545	the corporation for each fiscal year as follows:
546	(a)  Each county other than a county that has implemented
547	the provisions of chapter 83-220, Laws of Florida, as amended by
548	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
549	receive the guaranteed amount for each fiscal year.
550	(b)  Each county other than a county that has implemented
551	the provisions of chapter 83-220, Laws of Florida, as amended by
552	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
553	receive an additional share calculated as follows:
554	1.  Multiply each county's percentage of the total state
555	population excluding the population of any county that has
556	implemented the provisions of chapter 83-220, Laws of Florida,
557	as amended by chapters 84-270, 86-152, and 89-252, Laws of
558	Florida, by the total funds to be distributed.
559	2.  If the result in subparagraph 1. is less than the
560	guaranteed amount as determined in subsection (3), that county's
561	additional share shall be zero.
562	3.  For each county in which the result in subparagraph 1.
563	is greater than the guaranteed amount as determined in
564	subsection (3), the amount calculated in subparagraph 1. shall
565	be reduced by the guaranteed amount. The result for each such
566	county shall be expressed as a percentage of the amounts so
567	determined for all counties. Each such county shall receive an
568	additional share equal to such percentage multiplied by the
569	total funds received by the Local Government Housing Trust Fund
570	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
571	to all counties.
572	(2)  Effective July 1, 1995, Distributions calculated in
573	this section shall be disbursed on a quarterly or more frequent
574	monthly basis by the corporation beginning the first day of the
575	month after program approval pursuant to s. 420.9072, subject to
576	availability of funds. Each county's share of the funds to be
577	distributed from the portion of the funds in the Local
578	Government Housing Trust Fund received pursuant to s. 201.15(10)
579	shall be calculated by the corporation for each fiscal year as
580	follows:
581	(a)  Each county shall receive the guaranteed amount for
582	each fiscal year.
583	(b)  Each county may receive an additional share calculated
584	as follows:
585	1.  Multiply each county's percentage of the total state
586	population, by the total funds to be distributed.
587	2.  If the result in subparagraph 1. is less than the
588	guaranteed amount as determined in subsection (3), that county's
589	additional share shall be zero.
590	3.  For each county in which the result in subparagraph 1.
591	is greater than the guaranteed amount, the amount calculated in
592	subparagraph 1. shall be reduced by the guaranteed amount. The
593	result for each such county shall be expressed as a percentage
594	of the amounts so determined for all counties. Each such county
595	shall receive an additional share equal to this percentage
596	multiplied by the total funds received by the Local Government
597	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
598	guaranteed amount paid to all counties.
599	(5)  Notwithstanding subsections (1)-(4), the corporation
600	is authorized to withhold up to $5 million from the total
601	distribution each fiscal year to provide additional funding to
602	counties and eligible municipalities in which a state of
603	emergency has been declared by the Governor pursuant to chapter
604	252. Any portion of such funds not distributed under this
605	subsection by the end of the fiscal year shall be distributed as
606	provided in this section.
607	(6)  Notwithstanding subsections (1)-(4), the corporation
608	is authorized to withhold up to $5 million from the total
609	distribution each fiscal year to provide funding to counties and
610	eligible municipalities to purchase properties subject to a
611	State Housing Initiative Partnership Program lien and on which
612	foreclosure proceedings have been initiated by any mortgagee.
613	Each county and eligible municipality that receives funds under
614	this subsection shall repay such funds to the corporation not
615	later than the expenditure deadline for the fiscal year in which
616	the funds were awarded. Amounts not repaid shall be withheld
617	from the subsequent year's distribution. Any portion of such
618	funds not distributed under this subsection by the end of the
619	fiscal year shall be distributed as provided in this section.
620	(7)  A county or eligible municipality that receives local
621	housing distributions pursuant to this section shall expend
622	those funds in accordance with the provisions of ss. 420.907-
623	420.9079, corporation rule, and its local housing assistance
624	plan.
625	Section 14.  Subsections (1), (3), (5), and (8), paragraphs
626	(a) and (h) of subsection (10), and paragraph (b) of subsection
627	(13) of section 420.9075, Florida Statutes, are amended, and
628	subsection (14) is added to that section, to read:
629	420.9075  Local housing assistance plans; partnerships.--
630	(1)(a)  Each county or eligible municipality participating
631	in the State Housing Initiatives Partnership Program shall
632	develop and implement a local housing assistance plan created to
633	make affordable residential units available to persons of very
634	low income, low income, or moderate income and to persons who
635	have special housing needs, including, but not limited to,
636	homeless people, the elderly, and migrant farmworkers, and
637	persons with disabilities. High-cost counties or eligible
638	municipalities as defined by rule of the corporation may include
639	strategies to assist persons and households having annual
640	incomes of not more than 140 percent of area median income. The
641	plans are intended to increase the availability of affordable
642	residential units by combining local resources and cost-saving
643	measures into a local housing partnership and using private and
644	public funds to reduce the cost of housing.
645	(b)  Local housing assistance plans may allocate funds to:
646	1.  Implement local housing assistance strategies for the
647	provision of affordable housing.
648	2.  Supplement funds available to the corporation to
649	provide enhanced funding of state housing programs within the
650	county or the eligible municipality.
651	3.  Provide the local matching share of federal affordable
652	housing grants or programs.
653	4.  Fund emergency repairs, including, but not limited to,
654	repairs performed by existing service providers under
655	weatherization assistance programs under ss. 409.509-409.5093.
656	5.  Further the housing element of the local government
657	comprehensive plan adopted pursuant to s. 163.3184, specific to
658	affordable housing.
659	(3)(a)  Each local housing assistance plan shall include a
660	definition of essential service personnel for the county or
661	eligible municipality, including, but not limited to, teachers
662	and educators, other school district, community college, and
663	university employees, police and fire personnel, health care
664	personnel, skilled building trades personnel, and other job
665	categories.
666	(b)  Each county and each eligible municipality is
667	encouraged to develop a strategy within its local housing
668	assistance plan that emphasizes the recruitment and retention of
669	essential service personnel. The local government is encouraged
670	to involve public and private sector employers. Compliance with
671	the eligibility criteria established under this strategy shall
672	be verified by the county or eligible municipality.
673	(c)  Each county and each eligible municipality is
674	encouraged to develop a strategy within its local housing
675	assistance plan that addresses the needs of persons who are
676	deprived of affordable housing due to the closure of a mobile
677	home park or the conversion of affordable rental units to
678	condominiums.
679	(d)  Each county and each eligible municipality shall
680	describe initiatives in the local housing assistance plan to
681	encourage or require innovative design, green building
682	principles, storm-resistant construction, or other elements that
683	reduce long-term costs relating to maintenance, utilities, or
684	insurance.
685	(e)  Each county and each eligible municipality is
686	encouraged to develop a strategy within its local housing
687	assistance plan that provides program funds for the preservation
688	of assisted housing.
689	(5)  The following criteria apply to awards made to
690	eligible sponsors or eligible persons for the purpose of
691	providing eligible housing:
692	(a)  At least 65 percent of the funds made available in
693	each county and eligible municipality from the local housing
694	distribution must be reserved for home ownership for eligible
695	persons.
696	(b)  At least 75 percent of the funds made available in
697	each county and eligible municipality from the local housing
698	distribution must be reserved for construction, rehabilitation,
699	or emergency repair of affordable, eligible housing.
700	(c)  Not more than 15 percent of the funds made available
701	in each county and eligible municipality from the local housing
702	distribution may be used for manufactured housing.
703	(d)(c)  The sales price or value of new or existing
704	eligible housing may not exceed 90 percent of the average area
705	purchase price in the statistical area in which the eligible
706	housing is located. Such average area purchase price may be that
707	calculated for any 12-month period beginning not earlier than
708	the fourth calendar year prior to the year in which the award
709	occurs or as otherwise established by the United States
710	Department of the Treasury.
711	(e)(d)1.  All units constructed, rehabilitated, or
712	otherwise assisted with the funds provided from the local
713	housing assistance trust fund must be occupied by very-low-
714	income persons, low-income persons, and moderate-income persons
715	except as otherwise provided in this section.
716	2.  At least 30 percent of the funds deposited into the
717	local housing assistance trust fund must be reserved for awards
718	to very-low-income persons or eligible sponsors who will serve
719	very-low-income persons and at least an additional 30 percent of
720	the funds deposited into the local housing assistance trust fund
721	must be reserved for awards to low-income persons or eligible
722	sponsors who will serve low-income persons. This subparagraph
723	does not apply to a county or an eligible municipality that
724	includes, or has included within the previous 5 years, an area
725	of critical state concern designated or ratified by the
726	Legislature for which the Legislature has declared its intent to
727	provide affordable housing. The exemption created by this act
728	expires on July 1, 2013 2008.
729	(f)(e)  Loans shall be provided for periods not exceeding
730	30 years, except for deferred payment loans or loans that extend
731	beyond 30 years which continue to serve eligible persons.
732	(g)(f)  Loans or grants for eligible rental housing
733	constructed, rehabilitated, or otherwise assisted from the local
734	housing assistance trust fund must be subject to recapture
735	requirements as provided by the county or eligible municipality
736	in its local housing assistance plan unless reserved for
737	eligible persons for 15 years or the term of the assistance,
738	whichever period is longer. Eligible sponsors that offer rental
739	housing for sale before 15 years or that have remaining
740	mortgages funded under this program must give a first right of
741	refusal to eligible nonprofit organizations for purchase at the
742	current market value for continued occupancy by eligible
743	persons.
744	(h)(g)  Loans or grants for eligible owner-occupied housing
745	constructed, rehabilitated, or otherwise assisted from proceeds
746	provided from the local housing assistance trust fund shall be
747	subject to recapture requirements as provided by the county or
748	eligible municipality in its local housing assistance plan.
749	(i)(h)  The total amount of monthly mortgage payments or
750	the amount of monthly rent charged by the eligible sponsor or
751	her or his designee must be made affordable.
752	(j)(i)  The maximum sales price or value per unit and the
753	maximum award per unit for eligible housing benefiting from
754	awards made pursuant to this section must be established in the
755	local housing assistance plan.
756	(k)(j)  The benefit of assistance provided through the
757	State Housing Initiatives Partnership Program must accrue to
758	eligible persons occupying eligible housing. This provision
759	shall not be construed to prohibit use of the local housing
760	distribution funds for a mixed income rental development.
761	(l)(k)  Funds from the local housing distribution not used
762	to meet the criteria established in paragraph (a) or paragraph
763	(b) or not used for the administration of a local housing
764	assistance plan must be used for housing production and finance
765	activities, including, but not limited to, financing
766	preconstruction activities or the purchase of existing units,
767	providing rental housing, and providing home ownership training
768	to prospective home buyers and owners of homes assisted through
769	the local housing assistance plan.
770	1.  Notwithstanding the provisions of paragraphs (a) and
771	(b), program income as defined in s. 420.9071(24) may also be
772	used to fund activities described in this paragraph.
773	2.  When preconstruction due diligence activities conducted
774	as part of a preservation strategy show that preservation of the
775	units is not feasible and will not result in the production of
776	an eligible unit, such costs shall be deemed a program expense
777	rather than an administrative expense if such program expenses
778	do not exceed 3 percent of the annual local housing
779	distribution.
780	3.  If both an award under the local housing assistance
781	plan and federal low-income housing tax credits are used to
782	assist a project and there is a conflict between the criteria
783	prescribed in this subsection and the requirements of s. 42 of
784	the Internal Revenue Code of 1986, as amended, the county or
785	eligible municipality may resolve the conflict by giving
786	precedence to the requirements of s. 42 of the Internal Revenue
787	Code of 1986, as amended, in lieu of following the criteria
788	prescribed in this subsection with the exception of paragraphs
789	(a) and (e) (d) of this subsection.
790	4.  Each county and each eligible municipality may award
791	funds as a grant for construction, rehabilitation, or repair as
792	part of disaster recovery or emergency repairs or to remedy
793	accessibility or health and safety deficiencies. Any other
794	grants must be approved as part of the local housing assistance
795	plan.
796	(8)  Pursuant to s. 420.531, the corporation shall provide
797	training and technical assistance to local governments regarding
798	the creation of partnerships, the design of local housing
799	assistance strategies, the implementation of local housing
800	incentive strategies, and the provision of support services.
801	(10)  Each county or eligible municipality shall submit to
802	the corporation by September 15 of each year a report of its
803	affordable housing programs and accomplishments through June 30
804	immediately preceding submittal of the report. The report shall
805	be certified as accurate and complete by the local government's
806	chief elected official or his or her designee. Transmittal of
807	the annual report by a county's or eligible municipality's chief
808	elected official, or his or her designee, certifies that the
809	local housing incentive strategies, or, if applicable, the local
810	housing incentive plan, have been implemented or are in the
811	process of being implemented pursuant to the adopted schedule
812	for implementation. The report must include, but is not limited
813	to:
814	(a)  The number of households served by income category,
815	age, family size, and race, and data regarding any special needs
816	populations such as farmworkers, homeless persons, persons with
817	disabilities, and the elderly. Counties shall report this
818	information separately for households served in the
819	unincorporated area and each municipality within the county.
820	(h)  Such other data or affordable housing accomplishments
821	considered significant by the reporting county or eligible
822	municipality or by the corporation.
823	(13)
824	(b)  If, as a result of its review of the annual report,
825	the corporation determines that a county or eligible
826	municipality has failed to implement a local housing incentive
827	strategy, or, if applicable, a local housing incentive plan, it
828	shall send a notice of termination of the local government's
829	share of the local housing distribution by certified mail to the
830	affected county or eligible municipality.
831	1.  The notice must specify a date of termination of the
832	funding if the affected county or eligible municipality does not
833	implement the plan or strategy and provide for a local response.
834	A county or eligible municipality shall respond to the
835	corporation within 30 days after receipt of the notice of
836	termination.
837	2.  The corporation shall consider the local response that
838	extenuating circumstances precluded implementation and grant an
839	extension to the timeframe for implementation. Such an extension
840	shall be made in the form of an extension agreement that
841	provides a timeframe for implementation. The chief elected
842	official of a county or eligible municipality or his or her
843	designee shall have the authority to enter into the agreement on
844	behalf of the local government.
845	3.  If the county or the eligible municipality has not
846	implemented the incentive strategy or entered into an extension
847	agreement by the termination date specified in the notice, the
848	local housing distribution share terminates, and any uncommitted
849	local housing distribution funds held by the affected county or
850	eligible municipality in its local housing assistance trust fund
851	shall be transferred to the Local Government Housing Trust Fund
852	to the credit of the corporation to administer pursuant to s.
853	420.9078.
854	4.a.  If the affected local government fails to meet the
855	timeframes specified in the agreement, the corporation shall
856	terminate funds. The corporation shall send a notice of
857	termination of the local government's share of the local housing
858	distribution by certified mail to the affected local government.
859	The notice shall specify the termination date, and any
860	uncommitted funds held by the affected local government shall be
861	transferred to the Local Government Housing Trust Fund to the
862	credit of the corporation to administer pursuant to s. 420.9078.
863	b.  If the corporation terminates funds to a county, but an
864	eligible municipality receiving a local housing distribution
865	pursuant to an interlocal agreement maintains compliance with
866	program requirements, the corporation shall thereafter
867	distribute directly to the participating eligible municipality
868	its share calculated in the manner provided in s. 420.9072.
869	c.  Any county or eligible municipality whose local
870	distribution share has been terminated may subsequently elect to
871	receive directly its local distribution share by adopting the
872	ordinance, resolution, and local housing assistance plan in the
873	manner and according to the procedures provided in ss. 420.907-
874	420.9079.
875	(14)  If the corporation determines that a county or
876	eligible municipality has expended program funds for an
877	ineligible activity, the corporation shall require such funds to
878	be repaid to the local housing assistance trust fund. Such
879	repayment may not be made with funds from State Housing
880	Initiatives Partnership Program funds.
881	Section 15.  Paragraph (h) of subsection (2), subsections
882	(5) and (6), and paragraph (a) of subsection (7) of section
883	420.9076, Florida Statutes, are amended to read:
884	420.9076  Adoption of affordable housing incentive
885	strategies; committees.--
886	(2)  The governing board of a county or municipality shall
887	appoint the members of the affordable housing advisory committee
888	by resolution. Pursuant to the terms of any interlocal
889	agreement, a county and municipality may create and jointly
890	appoint an advisory committee to prepare a joint plan. The
891	ordinance adopted pursuant to s. 420.9072 which creates the
892	advisory committee or the resolution appointing the advisory
893	committee members must provide for 11 committee members and
894	their terms. The committee must include:
895	(h)  One citizen who actively serves on the local planning
896	agency pursuant to s. 163.3174. If the local planning agency is
897	comprised of the county or municipality commission, the
898	commission may appoint a designee who is knowledgeable in the
899	local planning process.
900
901	If a county or eligible municipality whether due to its small
902	size, the presence of a conflict of interest by prospective
903	appointees, or other reasonable factor, is unable to appoint a
904	citizen actively engaged in these activities in connection with
905	affordable housing, a citizen engaged in the activity without
906	regard to affordable housing may be appointed. Local governments
907	that receive the minimum allocation under the State Housing
908	Initiatives Partnership Program may elect to appoint an
909	affordable housing advisory committee with fewer than 11
910	representatives if they are unable to find representatives who
911	meet the criteria of paragraphs (a)-(k).
912	(5)  The approval by the advisory committee of its local
913	housing incentive strategies recommendations and its review of
914	local government implementation of previously recommended
915	strategies must be made by affirmative vote of a majority of the
916	membership of the advisory committee taken at a public hearing.
917	Notice of the time, date, and place of the public hearing of the
918	advisory committee to adopt its evaluation and final local
919	housing incentive strategies recommendations must be published
920	in a newspaper of general paid circulation in the county. The
921	notice must contain a short and concise summary of the
922	evaluation and local housing incentives strategies
923	recommendations to be considered by the advisory committee. The
924	notice must state the public place where a copy of the
925	evaluation and tentative advisory committee recommendations can
926	be obtained by interested persons. The final report, evaluation,
927	and recommendations shall be submitted to the corporation.
928	(6)  Within 90 days after the date of receipt of the
929	evaluation and local housing incentive strategies
930	recommendations from the advisory committee, the governing body
931	of the appointing local government shall adopt an amendment to
932	its local housing assistance plan to incorporate the local
933	housing incentive strategies it will implement within its
934	jurisdiction. The amendment must include, at a minimum, the
935	local housing incentive strategies required under s.
936	420.9071(16). The local government must consider the strategies
937	specified in paragraphs (4)(a)-(k) as recommended by the
938	advisory committee.
939	(7)  The governing board of the county or the eligible
940	municipality shall notify the corporation by certified mail of
941	its adoption of an amendment of its local housing assistance
942	plan to incorporate local housing incentive strategies. The
943	notice must include a copy of the approved amended plan.
944	(a)  If the corporation fails to receive timely the
945	approved amended local housing assistance plan to incorporate
946	local housing incentive strategies, a notice of termination of
947	its share of the local housing distribution shall be sent by
948	certified mail by the corporation to the affected county or
949	eligible municipality. The notice of termination must specify a
950	date of termination of the funding if the affected county or
951	eligible municipality has not adopted an amended local housing
952	assistance plan to incorporate local housing incentive
953	strategies. If the county or the eligible municipality has not
954	adopted an amended local housing assistance plan to incorporate
955	local housing incentive strategies by the termination date
956	specified in the notice of termination, the local distribution
957	share terminates; and any uncommitted local distribution funds
958	held by the affected county or eligible municipality in its
959	local housing assistance trust fund shall be transferred to the
960	Local Government Housing Trust Fund to the credit of the
961	corporation to administer the local government housing program
962	pursuant to s. 420.9078.
963	Section 16.  Section 420.9078, Florida Statutes, is
964	repealed.
965	Section 17.  Section 420.9079, Florida Statutes, is amended
966	to read:
967	420.9079  Local Government Housing Trust Fund.--
968	(1)  There is created in the State Treasury the Local
969	Government Housing Trust Fund, which shall be administered by
970	the corporation on behalf of the department according to the
971	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
972	section. There shall be deposited into the fund a portion of the
973	documentary stamp tax revenues as provided in s. 201.15, moneys
974	received from any other source for the purposes of ss. 420.907-
975	420.9076 420.907-420.9078 and this section, and all proceeds
976	derived from the investment of such moneys. Moneys in the fund
977	that are not currently needed for the purposes of the programs
978	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
979	and this section shall be deposited to the credit of the fund
980	and may be invested as provided by law. The interest received on
981	any such investment shall be credited to the fund.
982	(2)  The corporation shall administer the fund exclusively
983	for the purpose of implementing the programs described in ss.
984	420.907-420.9076 420.907-420.9078 and this section. With the
985	exception of monitoring the activities of counties and eligible
986	municipalities to determine local compliance with program
987	requirements, the corporation shall not receive appropriations
988	from the fund for administrative or personnel costs. For the
989	purpose of implementing the compliance monitoring provisions of
990	s. 420.9075(9), the corporation may request a maximum of one-
991	quarter of 1 percent of the annual appropriation per state
992	fiscal year. When such funding is appropriated, the corporation
993	shall deduct the amount appropriated prior to calculating the
994	local housing distribution pursuant to ss. 420.9072 and
995	420.9073.
996	Section 18.  Subsection (12) of section 1001.43, Florida
997	Statutes, is amended to read:
998	1001.43  Supplemental powers and duties of district school
999	board.--The district school board may exercise the following
1000	supplemental powers and duties as authorized by this code or
1001	State Board of Education rule.
1002	(12)  AFFORDABLE HOUSING.--A district school board may use
1003	portions of school sites purchased within the guidelines of the
1004	State Requirements for Educational Facilities, land deemed not
1005	usable for educational purposes because of location or other
1006	factors, or land declared as surplus by the board to provide
1007	sites for affordable housing for teachers and other district
1008	personnel and, in areas of critical state concern, for other
1009	essential services personnel as defined by local affordable
1010	housing eligibility requirements, independently or in
1011	conjunction with other agencies as described in subsection (5).
1012	Section 19.  This act shall take effect July 1, 2008.

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