Florida Senate - 2009                             CS for SB 1042
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-03862A-09                                         20091042c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         159.807, F.S.; providing limitations on the Florida
    4         Housing Finance Corporation’s access to the state
    5         allocation pool; deleting a provision exempting the
    6         corporation from the applicability of certain uses of
    7         the state allocation pool; creating s. 193.018, F.S.;
    8         providing for the assessment of property receiving the
    9         low-income housing tax credit; defining the term
   10         “community land trust”; providing for the assessment
   11         of structural improvements, condominium parcels, and
   12         cooperative parcels on land owned by a community land
   13         trust and used to provide affordable housing;
   14         providing for the conveyance of structural
   15         improvements, condominium parcels, and cooperative
   16         parcels subject to certain conditions; specifying the
   17         criteria to be used in arriving at just valuation of a
   18         structural improvement, condominium parcel, or
   19         cooperative parcel; amending s. 196.196, F.S.;
   20         providing additional criteria for determining whether
   21         certain affordable housing property owned by certain
   22         exempt organizations is entitled to an exemption from
   23         ad valorem taxation; providing a definition;
   24         subjecting organizations owning certain property to ad
   25         valorem taxation under certain circumstances;
   26         providing for tax liens; providing for penalties and
   27         interest; providing an exception; providing notice
   28         requirements; amending s. 196.1978, F.S.; providing
   29         that property owned by certain nonprofit entities or
   30         Florida-based limited partnerships and used or held
   31         for the purpose of providing affordable housing to
   32         certain income-qualified persons is exempt from ad
   33         valorem taxation; revising legislative intent;
   34         amending s. 212.055, F.S.; redefining the term
   35         “infrastructure” to allow the proceeds of a local
   36         government infrastructure surtax to be used to
   37         purchase land for certain purposes relating to
   38         construction of affordable housing; amending s.
   39         163.3202, F.S.; requiring that local land development
   40         regulations maintain the existing density of
   41         residential properties or recreational vehicle parks
   42         under certain circumstances; amending s. 420.503,
   43         F.S.; defining the term “moderate rehabilitation” for
   44         purposes of the Florida Housing Finance Corporation
   45         Act; amending s. 420.5087, F.S.; revising purposes for
   46         which state apartment incentive loans may be used;
   47         creating s. 420.628, F.S.; providing legislative
   48         findings and intent; requiring certain governmental
   49         entities to develop and implement strategies and
   50         procedures designed to increase affordable housing
   51         opportunities for young adults who are leaving the
   52         child welfare system; amending s. 420.9071, F.S.;
   53         revising and providing definitions; amending s.
   54         420.9072, F.S.; conforming a cross-reference;
   55         authorizing counties and eligible municipalities to
   56         use funds from the State Housing Initiatives
   57         Partnership Program to provide relocation grants for
   58         persons who are evicted from rental properties that
   59         are in foreclosure; providing eligibility requirements
   60         for receiving a grant; providing that authorization
   61         for the relocation grants expires July 1, 2010;
   62         amending s. 420.9073, F.S.; revising the frequency
   63         with which local housing distributions are to be made
   64         by the corporation; authorizing the corporation to
   65         withhold funds from the total distribution annually
   66         for specified purposes; requiring counties and
   67         eligible municipalities that receive local housing
   68         distributions to expend those funds in a specified
   69         manner; amending s. 420.9075, F.S.; requiring that
   70         local housing assistance plans address the special
   71         housing needs of persons with disabilities;
   72         authorizing counties and certain municipalities to
   73         assist persons and households meeting specific income
   74         requirements; revising requirements to be included in
   75         the local housing assistance plan; requiring counties
   76         and certain municipalities to include certain
   77         initiatives and strategies in the local housing
   78         assistance plan; revising criteria that applies to
   79         awards made for the purpose of providing eligible
   80         housing; authorizing and limiting the percentage of
   81         funds from the local housing distribution which may be
   82         used for manufactured housing; extending the
   83         expiration date of an exemption from certain income
   84         requirements in specified areas; providing for
   85         retroactive application; authorizing the use of
   86         certain funds for preconstruction activities;
   87         providing that certain costs are a program expense;
   88         authorizing counties and certain municipalities to
   89         award grant funds under certain conditions; providing
   90         for the repayment of funds by the local housing
   91         assistance trust fund; amending s. 420.9076, F.S.;
   92         revising appointments to a local affordable housing
   93         advisory committee; revising notice requirements for
   94         public hearings of the advisory committee; requiring
   95         the committee’s final report, evaluation, and
   96         recommendations to be submitted to the corporation;
   97         deleting cross-references to conform to changes made
   98         by the act; repealing s. 420.9078, F.S., relating to
   99         state administration of funds remaining in the Local
  100         Government Housing Trust Fund; amending s. 420.9079,
  101         F.S.; conforming cross-references; amending s.
  102         1001.43, F.S.; revising district school board powers
  103         and duties in relation to use of land for affordable
  104         housing in certain areas for certain personnel;
  105         providing an effective date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Subsection (4) of section 159.807, Florida
  110  Statutes, is amended to read:
  111         159.807 State allocation pool.—
  112         (4)(a) The state allocation pool shall also be used to
  113  provide written confirmations for private activity bonds that
  114  are to be issued by state agencies, which bonds, notwithstanding
  115  any other provisions of this part, shall receive priority in the
  116  use of the pool available at the time the notice of intent to
  117  issue such bonds is filed with the division.
  118         (b) Notwithstanding the provisions of paragraph (a), on or
  119  before November 15 of each year, the Florida Housing Finance
  120  Corporation’s access to the state allocation pool is limited to
  121  the amount of the corporation’s initial allocation under s.
  122  159.804. Thereafter, the corporation may not receive more than
  123  80 percent of the amount in the state allocation pool on
  124  November 16 of each year, and may not receive more than 80
  125  percent of any additional amounts that become available during
  126  each year. The limitations of this paragraph do not apply to the
  127  distribution of the unused allocation of the state volume
  128  limitation to the Florida Housing Finance Corporation under s.
  129  159.81(2)(b), (c), and (d). This subsection does not apply to
  130  the Florida Housing Finance Corporation:
  131         1.Until its allocation pursuant to s. 159.804(3) has been
  132  exhausted, is unavailable, or is inadequate to provide an
  133  allocation pursuant to s. 159.804(3) and any carryforwards of
  134  volume limitation from prior years for the same carryforward
  135  purpose, as that term is defined in s. 146 of the Code, as the
  136  bonds it intends to issue have been completely utilized or have
  137  expired.
  138         2.Prior to July 1 of any year, when housing bonds for
  139  which the Florida Housing Finance Corporation has made an
  140  assignment of its allocation permitted by s. 159.804(3)(c) have
  141  not been issued.
  142         Section 2. Section 193.018, Florida Statutes, is created to
  143  read:
  144         193.018Land owned by a community land trust used to
  145  provide affordable housing; assessment; structural improvements,
  146  condominium parcels, and cooperative parcels.—
  147         (1)As used in this section, the term “community land
  148  trust” means a nonprofit entity that is qualified as charitable
  149  under s. 501(c)(3) of the Internal Revenue Code and has as one
  150  of its purposes the acquisition of land to be held in perpetuity
  151  for the primary purpose of providing affordable homeownership.
  152         (2)A community land trust may convey structural
  153  improvements, condominium parcels, or cooperative parcels, that
  154  are located on specific parcels of land that are identified by a
  155  legal description contained in and subject to a ground lease
  156  having a term of at least 99 years, for the purpose of providing
  157  affordable housing to natural persons or families who meet the
  158  extremely-low-income, very-low-income, low-income, or moderate
  159  income limits specified in s. 420.0004, or the income limits for
  160  workforce housing, as defined in s. 420.5095(3). A community
  161  land trust shall retain a preemptive option to purchase any
  162  structural improvements, condominium parcels, or cooperative
  163  parcels on the land at a price determined by a formula specified
  164  in the ground lease which is designed to ensure that the
  165  structural improvements, condominium parcels, or cooperative
  166  parcels remain affordable.
  167         (3)In arriving at just valuation under s. 193.011, a
  168  structural improvement, condominium parcel, or cooperative
  169  parcel providing affordable housing on land owned by a community
  170  land trust, and the land owned by a community land trust that is
  171  subject to a 99-year or longer ground lease, shall be assessed
  172  using the following criteria:
  173         (a)The amount a willing purchaser would pay a willing
  174  seller for the land is limited to an amount commensurate with
  175  the terms of the ground lease that restricts the use of the land
  176  to the provision of affordable housing in perpetuity.
  177         (b)The amount a willing purchaser would pay a willing
  178  seller for resale-restricted improvements, condominium parcels,
  179  or cooperative parcels is limited to the amount determined by
  180  the formula in the ground lease.
  181         (c)If the ground lease and all amendments and supplements
  182  thereto, or a memorandum documenting how such lease and
  183  amendments or supplements restrict the price at which the
  184  improvements, condominium parcels, or cooperative parcels may be
  185  sold, is recorded in the official public records of the county
  186  in which the leased land is located, the recorded lease and any
  187  amendments and supplements, or the recorded memorandum, shall be
  188  deemed a land use regulation during the term of the lease as
  189  amended or supplemented.
  190         Section 3. Subsection (5) is added to section 196.196,
  191  Florida Statutes, to read:
  192         196.196 Determining whether property is entitled to
  193  charitable, religious, scientific, or literary exemption.—
  194         (5)(a)Property owned by an exempt organization qualified
  195  as charitable under s. 501(c)(3) of the Internal Revenue Code is
  196  used for a charitable purpose if the organization has taken
  197  affirmative steps to prepare the property to provide affordable
  198  housing to persons or families that meet the extremely-low
  199  income, very-low-income, low-income, or moderate-income limits,
  200  as specified in s. 420.0004. The term “affirmative steps” means
  201  environmental or land use permitting activities, creation of
  202  architectural plans or schematic drawings, land clearing or site
  203  preparation, construction or renovation activities, or other
  204  similar activities that demonstrate a commitment of the property
  205  to providing affordable housing.
  206         (b)1.If property owned by an organization granted an
  207  exemption under this subsection is transferred for a purpose
  208  other than directly providing affordable homeownership or rental
  209  housing to persons or families who meet the extremely-low
  210  income, very-low-income, low-income, or moderate-income limits,
  211  as specified in s. 420.0004, or is not in actual use to provide
  212  such affordable housing within 5 years after the date the
  213  organization is granted the exemption, the property appraiser
  214  making such determination shall serve upon the organization that
  215  illegally or improperly received the exemption a notice of
  216  intent to record in the public records of the county a notice of
  217  tax lien against any property owned by that organization in the
  218  county, and such property shall be identified in the notice of
  219  tax lien. The organization owning such property is subject to
  220  the taxes otherwise due and owing as a result of the failure to
  221  use the property to provide affordable housing plus 15 percent
  222  interest per annum and a penalty of 50 percent of the taxes
  223  owed.
  224         2.Such lien, when filed, attaches to any property
  225  identified in the notice of tax lien owned by the organization
  226  that illegally or improperly received the exemption. If such
  227  organization no longer owns property in the county but owns
  228  property in any other county in the state, the property
  229  appraiser shall record in each such other county a notice of tax
  230  lien identifying the property owned by such organization in such
  231  county which shall become a lien against the identified
  232  property. Before any such lien may be filed, the organization so
  233  notified must be given 30 days to pay the taxes, penalties, and
  234  interest.
  235         3.If an exemption is improperly granted as a result of a
  236  clerical mistake or an omission by the property appraiser, the
  237  organization improperly receiving the exemption shall not be
  238  assessed a penalty or interest.
  239         4.The 5-year limitation specified in this subsection may
  240  be extended if the holder of the exemption continues to take
  241  affirmative steps to develop the property for the purposes
  242  specified in this subsection.
  243         Section 4. Section 196.1978, Florida Statutes, is amended
  244  to read:
  245         196.1978 Affordable housing property exemption.—Property
  246  used to provide affordable housing serving eligible persons as
  247  defined by s. 159.603(7) and natural persons or families meeting
  248  the extremely-low-income, very-low-income, low-income, or
  249  moderate-income persons meeting income limits specified in s.
  250  420.0004 s. 420.0004(8), (10), (11), and (15), which property is
  251  owned entirely by a nonprofit entity that is a corporation not
  252  for profit, qualified as charitable under s. 501(c)(3) of the
  253  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
  254  1996-1 C.B. 717, or a Florida-based limited partnership, the
  255  sole general partner of which is a corporation not for profit
  256  which is qualified as charitable under s. 501(c)(3) of the
  257  Internal Revenue Code and which complies with Rev. Proc. 96-32,
  258  1996-1 C.B. 717, shall be considered property owned by an exempt
  259  entity and used for a charitable purpose, and those portions of
  260  the affordable housing property which provide housing to natural
  261  persons or families classified as extremely low income, very low
  262  income, low income, or moderate income under s. 420.0004
  263  individuals with incomes as defined in s. 420.0004(10) and (15)
  264  shall be exempt from ad valorem taxation to the extent
  265  authorized in s. 196.196. All property identified in this
  266  section shall comply with the criteria for determination of
  267  exempt status to be applied by property appraisers on an annual
  268  basis as defined in s. 196.195. The Legislature intends that any
  269  property owned by a limited liability company or limited
  270  partnership which is disregarded as an entity for federal income
  271  tax purposes pursuant to Treasury Regulation 301.7701
  272  3(b)(1)(ii) shall be treated as owned by its sole member or sole
  273  general partner.
  274         Section 5. Paragraph (d) of subsection (2) of section
  275  212.055, Florida Statutes, is amended to read:
  276         212.055 Discretionary sales surtaxes; legislative intent;
  277  authorization and use of proceeds.—It is the legislative intent
  278  that any authorization for imposition of a discretionary sales
  279  surtax shall be published in the Florida Statutes as a
  280  subsection of this section, irrespective of the duration of the
  281  levy. Each enactment shall specify the types of counties
  282  authorized to levy; the rate or rates which may be imposed; the
  283  maximum length of time the surtax may be imposed, if any; the
  284  procedure which must be followed to secure voter approval, if
  285  required; the purpose for which the proceeds may be expended;
  286  and such other requirements as the Legislature may provide.
  287  Taxable transactions and administrative procedures shall be as
  288  provided in s. 212.054.
  289         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  290         (d)1. The proceeds of the surtax authorized by this
  291  subsection and any accrued interest accrued thereto shall be
  292  expended by the school district, or within the county and
  293  municipalities within the county, or, in the case of a
  294  negotiated joint county agreement, within another county, to
  295  finance, plan, and construct infrastructure; and to acquire land
  296  for public recreation, or conservation, or protection of natural
  297  resources; or and to finance the closure of county-owned or
  298  municipally owned solid waste landfills that have been are
  299  already closed or are required to be closed close by order of
  300  the Department of Environmental Protection. Any use of the such
  301  proceeds or interest for purposes of landfill closure before
  302  prior to July 1, 1993, is ratified. Neither The proceeds and nor
  303  any interest may not accrued thereto shall be used for the
  304  operational expenses of any infrastructure, except that a any
  305  county that has with a population of fewer less than 75,000 and
  306  that is required to close a landfill by order of the Department
  307  of Environmental Protection may use the proceeds or any interest
  308  accrued thereto for long-term maintenance costs associated with
  309  landfill closure. Counties, as defined in s. 125.011 s.
  310  125.011(1), and charter counties may, in addition, use the
  311  proceeds or and any interest accrued thereto to retire or
  312  service indebtedness incurred for bonds issued before prior to
  313  July 1, 1987, for infrastructure purposes, and for bonds
  314  subsequently issued to refund such bonds. Any use of the such
  315  proceeds or interest for purposes of retiring or servicing
  316  indebtedness incurred for such refunding bonds before prior to
  317  July 1, 1999, is ratified.
  318         1.2. For the purposes of this paragraph, the term
  319  “infrastructure” means:
  320         a. Any fixed capital expenditure or fixed capital outlay
  321  associated with the construction, reconstruction, or improvement
  322  of public facilities that have a life expectancy of 5 or more
  323  years and any related land acquisition, land improvement,
  324  design, and engineering costs related thereto.
  325         b. A fire department vehicle, an emergency medical service
  326  vehicle, a sheriff’s office vehicle, a police department
  327  vehicle, or any other vehicle, and the such equipment necessary
  328  to outfit the vehicle for its official use or equipment that has
  329  a life expectancy of at least 5 years.
  330         c. Any expenditure for the construction, lease, or
  331  maintenance of, or provision of utilities or security for,
  332  facilities, as defined in s. 29.008.
  333         d. Any fixed capital expenditure or fixed capital outlay
  334  associated with the improvement of private facilities that have
  335  a life expectancy of 5 or more years and that the owner agrees
  336  to make available for use on a temporary basis as needed by a
  337  local government as a public emergency shelter or a staging area
  338  for emergency response equipment during an emergency officially
  339  declared by the state or by the local government under s.
  340  252.38. Such improvements under this sub-subparagraph are
  341  limited to those necessary to comply with current standards for
  342  public emergency evacuation shelters. The owner must shall enter
  343  into a written contract with the local government providing the
  344  improvement funding to make the such private facility available
  345  to the public for purposes of emergency shelter at no cost to
  346  the local government for a minimum period of 10 years after
  347  completion of the improvement, with the provision that the such
  348  obligation will transfer to any subsequent owner until the end
  349  of the minimum period.
  350         e.Any land-acquisition expenditure for a residential
  351  housing project in which at least 30 percent of the units are
  352  affordable to individuals or families whose total annual
  353  household income does not exceed 120 percent of the area median
  354  income adjusted for household size, if the land is owned by a
  355  local government or by a special district that enters into a
  356  written agreement with the local government to provide such
  357  housing. The local government or special district may enter into
  358  a ground lease with a public or private person or entity for
  359  nominal or other consideration for the construction of the
  360  residential housing project on land acquired pursuant to this
  361  sub-subparagraph.
  362         2.3. Notwithstanding any other provision of this
  363  subsection, a local government infrastructure discretionary
  364  sales surtax imposed or extended after July 1, 1998, the
  365  effective date of this act may allocate up to provide for an
  366  amount not to exceed 15 percent of the local option sales surtax
  367  proceeds to be allocated for deposit in to a trust fund within
  368  the county’s accounts created for the purpose of funding
  369  economic development projects having of a general public purpose
  370  of improving targeted to improve local economies, including the
  371  funding of operational costs and incentives related to such
  372  economic development. The ballot statement must indicate the
  373  intention to make an allocation under the authority of this
  374  subparagraph.
  375         Section 6. Subsection (2) of section 163.3202, Florida
  376  Statutes, is amended to read:
  377         163.3202 Land development regulations.—
  378         (2) Local land development regulations shall contain
  379  specific and detailed provisions necessary or desirable to
  380  implement the adopted comprehensive plan and shall as a minimum:
  381         (a) Regulate the subdivision of land.;
  382         (b) Regulate the use of land and water for those land use
  383  categories included in the land use element and ensure the
  384  compatibility of adjacent uses and provide for open space.;
  385         (c) Provide for protection of potable water wellfields.;
  386         (d) Regulate areas subject to seasonal and periodic
  387  flooding and provide for drainage and stormwater management.;
  388         (e) Ensure the protection of environmentally sensitive
  389  lands designated in the comprehensive plan.;
  390         (f) Regulate signage.;
  391         (g) Provide that public facilities and services meet or
  392  exceed the standards established in the capital improvements
  393  element required by s. 163.3177 and are available when needed
  394  for the development, or that development orders and permits are
  395  conditioned on the availability of these public facilities and
  396  services necessary to serve the proposed development. Not later
  397  than 1 year after its due date established by the state land
  398  planning agency’s rule for submission of local comprehensive
  399  plans pursuant to s. 163.3167(2), a local government shall not
  400  issue a development order or permit which results in a reduction
  401  in the level of services for the affected public facilities
  402  below the level of services provided in the comprehensive plan
  403  of the local government.
  404         (h) Ensure safe and convenient onsite traffic flow,
  405  considering needed vehicle parking.
  406         (i)Maintain the existing density of residential properties
  407  or recreational vehicle parks if the properties are intended for
  408  residential use and are located in the unincorporated areas that
  409  have sufficient infrastructure, as determined by a local
  410  governing authority, and are not located within a coastal high
  411  hazard area under s. 163.3178.
  412         Section 7. Present subsections (25) through (41) of section
  413  420.503, Florida Statutes, are redesignated as subsections (26)
  414  through (42), respectively, and a new subsection (25) is added
  415  to that section to read:
  416         420.503 Definitions.—As used in this part, the term:
  417         (25)“Moderate rehabilitation” means repair or restoration
  418  of a dwelling unit when the value of such repair or restoration
  419  is 40 percent or less of the value of the dwelling unit but not
  420  less than $10,000.
  421         Section 8. Paragraphs (c) and (l) of subsection (6) of
  422  section 420.5087, Florida Statutes, are amended to read:
  423         420.5087 State Apartment Incentive Loan Program.—There is
  424  hereby created the State Apartment Incentive Loan Program for
  425  the purpose of providing first, second, or other subordinated
  426  mortgage loans or loan guarantees to sponsors, including for
  427  profit, nonprofit, and public entities, to provide housing
  428  affordable to very-low-income persons.
  429         (6) On all state apartment incentive loans, except loans
  430  made to housing communities for the elderly to provide for
  431  lifesafety, building preservation, health, sanitation, or
  432  security-related repairs or improvements, the following
  433  provisions shall apply:
  434         (c) The corporation shall provide by rule for the
  435  establishment of a review committee composed of the department
  436  and corporation staff and shall establish by rule a scoring
  437  system for evaluation and competitive ranking of applications
  438  submitted in this program, including, but not limited to, the
  439  following criteria:
  440         1. Tenant income and demographic targeting objectives of
  441  the corporation.
  442         2. Targeting objectives of the corporation which will
  443  ensure an equitable distribution of loans between rural and
  444  urban areas.
  445         3. Sponsor’s agreement to reserve the units for persons or
  446  families who have incomes below 50 percent of the state or local
  447  median income, whichever is higher, for a time period to exceed
  448  the minimum required by federal law or the provisions of this
  449  part.
  450         4. Sponsor’s agreement to reserve more than:
  451         a. Twenty percent of the units in the project for persons
  452  or families who have incomes that do not exceed 50 percent of
  453  the state or local median income, whichever is higher; or
  454         b. Forty percent of the units in the project for persons or
  455  families who have incomes that do not exceed 60 percent of the
  456  state or local median income, whichever is higher, without
  457  requiring a greater amount of the loans as provided in this
  458  section.
  459         5. Provision for tenant counseling.
  460         6. Sponsor’s agreement to accept rental assistance
  461  certificates or vouchers as payment for rent.
  462         7. Projects requiring the least amount of a state apartment
  463  incentive loan compared to overall project cost except that the
  464  share of the loan attributable to units serving extremely-low
  465  income persons shall be excluded from this requirement.
  466         8. Local government contributions and local government
  467  comprehensive planning and activities that promote affordable
  468  housing.
  469         9. Project feasibility.
  470         10. Economic viability of the project.
  471         11. Commitment of first mortgage financing.
  472         12. Sponsor’s prior experience.
  473         13. Sponsor’s ability to proceed with construction.
  474         14. Projects that directly implement or assist welfare-to
  475  work transitioning.
  476         15. Projects that reserve units for extremely-low-income
  477  persons.
  478         16.Projects that include green building principles, storm
  479  resistant construction, or other elements that reduce long-term
  480  costs relating to maintenance, utilities, or insurance.
  481         (l) The proceeds of all loans shall be used for new
  482  construction, moderate rehabilitation, or substantial
  483  rehabilitation which creates or preserves affordable, safe, and
  484  sanitary housing units.
  485         Section 9. Section 420.628, Florida Statutes, is created to
  486  read:
  487         420.628Affordable housing for children and young adults
  488  leaving foster care; legislative findings and intent.—
  489         (1)(a)The Legislature finds that there are many young
  490  adults who, through no fault of their own, live in foster
  491  families, group homes, and institutions, and face numerous
  492  barriers to a successful transition to adulthood. Young adults
  493  who are leaving the child welfare system may enter adulthood
  494  lacking the knowledge, skills, attitudes, habits, and
  495  relationships that will enable them to become productive members
  496  of society.
  497         (b)The Legislature further finds that the main barriers to
  498  safe and affordable housing for such young adults are cost, lack
  499  of availability, the unwillingness of landlords to rent to such
  500  youth due to perceived regulatory barriers, and a lack of
  501  knowledge about how to be a good tenant. These barriers cause
  502  young adults to be at risk of becoming homeless.
  503         (c)The Legislature also finds that young adults who leave
  504  the child welfare system are disproportionately represented in
  505  the homeless population. Without the stability of safe and
  506  affordable housing, all other services, training, and
  507  opportunities provided to such young adults may not be
  508  effective. Making affordable housing available will decrease the
  509  chance of homelessness and may increase the ability of such
  510  young adults to live independently.
  511         (d)The Legislature intends that the Florida Housing
  512  Finance Corporation, agencies within the State Housing
  513  Initiative Partnership Program, local housing finance agencies,
  514  public housing authorities, and their agents, and other
  515  providers of affordable housing coordinate with the Department
  516  of Children and Family Services, their agents, and community
  517  based care providers who provide services under s. 409.1671 to
  518  develop and implement strategies and procedures designed to make
  519  affordable housing available whenever and wherever possible to
  520  young adults who leave the child welfare system.
  521         (2)Young adults who leave the child welfare system meet
  522  the definition of eligible persons under ss. 420.503(7) and
  523  420.907(10) for affordable housing, and are encouraged to
  524  participate in federal, state, and local affordable housing
  525  programs. Students deemed to be eligible occupants under 26
  526  U.S.C. 42(i)(3)(d) shall be considered eligible persons for
  527  purposes of all projects funded under this chapter.
  528         Section 10. Subsections (4), (8), (16), and (25) of section
  529  420.9071, Florida Statutes, are amended, and subsections (29)
  530  and (30) are added to that section, to read:
  531         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  532  term:
  533         (4) “Annual gross income” means annual income as defined
  534  under the Section 8 housing assistance payments programs in 24
  535  C.F.R. part 5; annual income as reported under the census long
  536  form for the recent available decennial census; or adjusted
  537  gross income as defined for purposes of reporting under Internal
  538  Revenue Service Form 1040 for individual federal annual income
  539  tax purposes or as defined by standard practices used in the
  540  lending industry as detailed in the local housing assistance
  541  plan and approved by the corporation. Counties and eligible
  542  municipalities shall calculate income by annualizing verified
  543  sources of income for the household as the amount of income to
  544  be received in a household during the 12 months following the
  545  effective date of the determination.
  546         (8) “Eligible housing” means any real and personal property
  547  located within the county or the eligible municipality which is
  548  designed and intended for the primary purpose of providing
  549  decent, safe, and sanitary residential units that are designed
  550  to meet the standards of the Florida Building Code or previous
  551  building codes adopted under chapter 553, or manufactured
  552  housing constructed after June 1994 and installed in accordance
  553  with the installation standards for mobile or manufactured homes
  554  contained in rules of the Department of Highway Safety and Motor
  555  Vehicles, for home ownership or rental for eligible persons as
  556  designated by each county or eligible municipality participating
  557  in the State Housing Initiatives Partnership Program.
  558         (16) “Local housing incentive strategies” means local
  559  regulatory reform or incentive programs to encourage or
  560  facilitate affordable housing production, which include at a
  561  minimum, assurance that permits as defined in s. 163.3164(7) and
  562  (8) for affordable housing projects are expedited to a greater
  563  degree than other projects; an ongoing process for review of
  564  local policies, ordinances, regulations, and plan provisions
  565  that increase the cost of housing prior to their adoption; and a
  566  schedule for implementing the incentive strategies. Local
  567  housing incentive strategies may also include other regulatory
  568  reforms, such as those enumerated in s. 420.9076 or those
  569  recommended by the affordable housing advisory committee in its
  570  triennial evaluation of the implementation of affordable housing
  571  incentives, and adopted by the local governing body.
  572         (25) “Recaptured funds” means funds that are recouped by a
  573  county or eligible municipality in accordance with the recapture
  574  provisions of its local housing assistance plan pursuant to s.
  575  420.9075(5)(h)(g) from eligible persons or eligible sponsors,
  576  which funds were not used for assistance to an eligible
  577  household for an eligible activity, when there is a who default
  578  on the terms of a grant award or loan award.
  579         (29)“Assisted housing” or “assisted housing development”
  580  means a rental housing development, including rental housing in
  581  a mixed-use development, that received or currently receives
  582  funding from any federal or state housing program.
  583         (30)“Preservation” means actions taken to keep rents in
  584  existing assisted housing affordable for extremely-low-income,
  585  very-low-income, low-income, and moderate-income households
  586  while ensuring that the property stays in good physical and
  587  financial condition for an extended period.
  588         Section 11. Subsections (6) and (7) of section 420.9072,
  589  Florida Statutes, are amended to read:
  590         420.9072 State Housing Initiatives Partnership Program.—The
  591  State Housing Initiatives Partnership Program is created for the
  592  purpose of providing funds to counties and eligible
  593  municipalities as an incentive for the creation of local housing
  594  partnerships, to expand production of and preserve affordable
  595  housing, to further the housing element of the local government
  596  comprehensive plan specific to affordable housing, and to
  597  increase housing-related employment.
  598         (6) The moneys that otherwise would be distributed pursuant
  599  to s. 420.9073 to a local government that does not meet the
  600  program’s requirements for receipts of such distributions shall
  601  remain in the Local Government Housing Trust Fund to be
  602  administered by the corporation pursuant to s. 420.9078.
  603         (7) A county or an eligible municipality must expend its
  604  portion of the local housing distribution only to implement a
  605  local housing assistance plan or as provided in this subsection.
  606         (a) A county or an eligible municipality may not expend its
  607  portion of the local housing distribution to provide rent
  608  subsidies; however, this does not prohibit the use of funds for
  609  security and utility deposit assistance.
  610         (b)A county or an eligible municipality may expend a
  611  portion of the local housing distribution to provide a one-time
  612  relocation grant to persons who meet the income requirements of
  613  the State Housing Initiatives Partnership Program and who are
  614  subject to eviction from rental property located in the county
  615  or eligible municipality due to the foreclosure of the rental
  616  property. In order to receive a grant under this paragraph, a
  617  person must provide the county or eligible municipality with
  618  proof of meeting the income requirements of a very-low-income
  619  household, a low-income household, or a moderate-income
  620  household; a notice of eviction; and proof that the rent has
  621  been paid for at least 3 months before the date of eviction,
  622  including the month that the notice of eviction was served.
  623  Relocation assistance under this paragraph is limited to a one
  624  time grant of not more than $5,000 and is not limited to persons
  625  who are subject to eviction from projects funded under the State
  626  Housing Initiatives Partnership Program. This paragraph expires
  627  July 1, 2010.
  628         Section 12. Subsections (1) and (2) of section 420.9073,
  629  Florida Statutes, are amended, and subsections (5), (6), and (7)
  630  are added to that section, to read:
  631         420.9073 Local housing distributions.—
  632         (1) Distributions calculated in this section shall be
  633  disbursed on a quarterly or more frequent monthly basis by the
  634  corporation beginning the first day of the month after program
  635  approval pursuant to s. 420.9072, subject to availability of
  636  funds. Each county’s share of the funds to be distributed from
  637  the portion of the funds in the Local Government Housing Trust
  638  Fund received pursuant to s. 201.15(9) shall be calculated by
  639  the corporation for each fiscal year as follows:
  640         (a) Each county other than a county that has implemented
  641  the provisions of chapter 83-220, Laws of Florida, as amended by
  642  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  643  receive the guaranteed amount for each fiscal year.
  644         (b) Each county other than a county that has implemented
  645  the provisions of chapter 83-220, Laws of Florida, as amended by
  646  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  647  receive an additional share calculated as follows:
  648         1. Multiply each county’s percentage of the total state
  649  population excluding the population of any county that has
  650  implemented the provisions of chapter 83-220, Laws of Florida,
  651  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  652  Florida, by the total funds to be distributed.
  653         2. If the result in subparagraph 1. is less than the
  654  guaranteed amount as determined in subsection (3), that county’s
  655  additional share shall be zero.
  656         3. For each county in which the result in subparagraph 1.
  657  is greater than the guaranteed amount as determined in
  658  subsection (3), the amount calculated in subparagraph 1. shall
  659  be reduced by the guaranteed amount. The result for each such
  660  county shall be expressed as a percentage of the amounts so
  661  determined for all counties. Each such county shall receive an
  662  additional share equal to such percentage multiplied by the
  663  total funds received by the Local Government Housing Trust Fund
  664  pursuant to s. 201.15(9) reduced by the guaranteed amount paid
  665  to all counties.
  666         (2) Effective July 1, 1995, Distributions calculated in
  667  this section shall be disbursed on a quarterly or more frequent
  668  monthly basis by the corporation beginning the first day of the
  669  month after program approval pursuant to s. 420.9072, subject to
  670  availability of funds. Each county’s share of the funds to be
  671  distributed from the portion of the funds in the Local
  672  Government Housing Trust Fund received pursuant to s. 201.15(10)
  673  shall be calculated by the corporation for each fiscal year as
  674  follows:
  675         (a) Each county shall receive the guaranteed amount for
  676  each fiscal year.
  677         (b) Each county may receive an additional share calculated
  678  as follows:
  679         1. Multiply each county’s percentage of the total state
  680  population, by the total funds to be distributed.
  681         2. If the result in subparagraph 1. is less than the
  682  guaranteed amount as determined in subsection (3), that county’s
  683  additional share shall be zero.
  684         3. For each county in which the result in subparagraph 1.
  685  is greater than the guaranteed amount, the amount calculated in
  686  subparagraph 1. shall be reduced by the guaranteed amount. The
  687  result for each such county shall be expressed as a percentage
  688  of the amounts so determined for all counties. Each such county
  689  shall receive an additional share equal to this percentage
  690  multiplied by the total funds received by the Local Government
  691  Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
  692  guaranteed amount paid to all counties.
  693         (5)Notwithstanding subsections (1)-(4), the corporation
  694  may withhold up to $5 million of the total amount distributed
  695  each fiscal year from the Local Government Housing Trust Fund to
  696  provide additional funding to counties and eligible
  697  municipalities where a state of emergency has been declared by
  698  the Governor pursuant to chapter 252. Any portion of the
  699  withheld funds not distributed by the end of the fiscal year
  700  shall be distributed as provided in subsections (1) and (2).
  701         (6)Notwithstanding subsections (1)-(4), the corporation
  702  may withhold up to $5 million from the total amount distributed
  703  each fiscal year from the Local Government Housing Trust Fund to
  704  provide funding to counties and eligible municipalities to
  705  purchase properties subject to a State Housing Initiative
  706  Partnership Program lien and on which foreclosure proceedings
  707  have been initiated by any mortgagee. Each county and eligible
  708  municipality that receives funds under this subsection shall
  709  repay such funds to the corporation not later than the
  710  expenditure deadline for the fiscal year in which the funds were
  711  awarded. Amounts not repaid shall be withheld from the
  712  subsequent year’s distribution. Any portion of such funds not
  713  distributed under this subsection by the end of the fiscal year
  714  shall be distributed as provided in subsections (1) and (2).
  715         (7)A county receiving local housing distributions under
  716  this section or an eligible municipality that receives local
  717  housing distributions under an interlocal agreement shall expend
  718  those funds in accordance with the provisions of ss. 420.907
  719  420.9079, rules of the corporation, and the county’s local
  720  housing assistance plan.
  721         Section 13. Subsections (1), (3), (5), and (8), paragraphs
  722  (a) and (h) of subsection (10), and paragraph (b) of subsection
  723  (13) of section 420.9075, Florida Statutes, are amended, and
  724  subsection (14) is added to that section, to read:
  725         420.9075 Local housing assistance plans; partnerships.—
  726         (1)(a) Each county or eligible municipality participating
  727  in the State Housing Initiatives Partnership Program shall
  728  develop and implement a local housing assistance plan created to
  729  make affordable residential units available to persons of very
  730  low income, low income, or moderate income and to persons who
  731  have special housing needs, including, but not limited to,
  732  homeless people, the elderly, and migrant farmworkers, and
  733  persons with disabilities. Counties or eligible municipalities
  734  may include strategies to assist persons and households having
  735  annual incomes of not more than 140 percent of area median
  736  income. The plans are intended to increase the availability of
  737  affordable residential units by combining local resources and
  738  cost-saving measures into a local housing partnership and using
  739  private and public funds to reduce the cost of housing.
  740         (b) Local housing assistance plans may allocate funds to:
  741         1. Implement local housing assistance strategies for the
  742  provision of affordable housing.
  743         2. Supplement funds available to the corporation to provide
  744  enhanced funding of state housing programs within the county or
  745  the eligible municipality.
  746         3. Provide the local matching share of federal affordable
  747  housing grants or programs.
  748         4. Fund emergency repairs, including, but not limited to,
  749  repairs performed by existing service providers under
  750  weatherization assistance programs under ss. 409.509-409.5093.
  751         5. Further the housing element of the local government
  752  comprehensive plan adopted pursuant to s. 163.3184, specific to
  753  affordable housing.
  754         (3)(a) Each local housing assistance plan shall include a
  755  definition of essential service personnel for the county or
  756  eligible municipality, including, but not limited to, teachers
  757  and educators, other school district, community college, and
  758  university employees, police and fire personnel, health care
  759  personnel, skilled building trades personnel, and other job
  760  categories.
  761         (b) Each county and each eligible municipality is
  762  encouraged to develop a strategy within its local housing
  763  assistance plan that emphasizes the recruitment and retention of
  764  essential service personnel. The local government is encouraged
  765  to involve public and private sector employers. Compliance with
  766  the eligibility criteria established under this strategy shall
  767  be verified by the county or eligible municipality.
  768         (c) Each county and each eligible municipality is
  769  encouraged to develop a strategy within its local housing
  770  assistance plan that addresses the needs of persons who are
  771  deprived of affordable housing due to the closure of a mobile
  772  home park or the conversion of affordable rental units to
  773  condominiums.
  774         (d)Each county and each eligible municipality shall
  775  describe initiatives in the local housing assistance plan to
  776  encourage or require innovative design, green building
  777  principles, storm-resistant construction, or other elements that
  778  reduce long-term costs relating to maintenance, utilities, or
  779  insurance.
  780         (e)Each county and each eligible municipality is
  781  encouraged to develop a strategy within its local housing
  782  assistance plan which provides program funds for the
  783  preservation of assisted housing.
  784         (5) The following criteria apply to awards made to eligible
  785  sponsors or eligible persons for the purpose of providing
  786  eligible housing:
  787         (a) At least 65 percent of the funds made available in each
  788  county and eligible municipality from the local housing
  789  distribution must be reserved for home ownership for eligible
  790  persons.
  791         (b) At least 75 percent of the funds made available in each
  792  county and eligible municipality from the local housing
  793  distribution must be reserved for construction, rehabilitation,
  794  or emergency repair of affordable, eligible housing.
  795         (c)Not more than 25 percent of the funds made available in
  796  each county and eligible municipality from the local housing
  797  distribution may be used for manufactured housing.
  798         (d)(c) The sales price or value of new or existing eligible
  799  housing may not exceed 90 percent of the average area purchase
  800  price in the statistical area in which the eligible housing is
  801  located. Such average area purchase price may be that calculated
  802  for any 12-month period beginning not earlier than the fourth
  803  calendar year prior to the year in which the award occurs or as
  804  otherwise established by the United States Department of the
  805  Treasury.
  806         (e)(d)1. All units constructed, rehabilitated, or otherwise
  807  assisted with the funds provided from the local housing
  808  assistance trust fund must be occupied by very-low-income
  809  persons, low-income persons, and moderate-income persons except
  810  as otherwise provided in this section.
  811         2. At least 30 percent of the funds deposited into the
  812  local housing assistance trust fund must be reserved for awards
  813  to very-low-income persons or eligible sponsors who will serve
  814  very-low-income persons and at least an additional 30 percent of
  815  the funds deposited into the local housing assistance trust fund
  816  must be reserved for awards to low-income persons or eligible
  817  sponsors who will serve low-income persons. This subparagraph
  818  does not apply to a county or an eligible municipality that
  819  includes, or has included within the previous 5 years, an area
  820  of critical state concern designated or ratified by the
  821  Legislature for which the Legislature has declared its intent to
  822  provide affordable housing. The exemption created by this act
  823  expires on July 1, 2013, and shall apply retroactively 2008.
  824         (f)(e) Loans shall be provided for periods not exceeding 30
  825  years, except for deferred payment loans or loans that extend
  826  beyond 30 years which continue to serve eligible persons.
  827         (g)(f) Loans or grants for eligible rental housing
  828  constructed, rehabilitated, or otherwise assisted from the local
  829  housing assistance trust fund must be subject to recapture
  830  requirements as provided by the county or eligible municipality
  831  in its local housing assistance plan unless reserved for
  832  eligible persons for 15 years or the term of the assistance,
  833  whichever period is longer. Eligible sponsors that offer rental
  834  housing for sale before 15 years or that have remaining
  835  mortgages funded under this program must give a first right of
  836  refusal to eligible nonprofit organizations for purchase at the
  837  current market value for continued occupancy by eligible
  838  persons.
  839         (h)(g) Loans or grants for eligible owner-occupied housing
  840  constructed, rehabilitated, or otherwise assisted from proceeds
  841  provided from the local housing assistance trust fund shall be
  842  subject to recapture requirements as provided by the county or
  843  eligible municipality in its local housing assistance plan.
  844         (i)(h) The total amount of monthly mortgage payments or the
  845  amount of monthly rent charged by the eligible sponsor or her or
  846  his designee must be made affordable.
  847         (j)(i) The maximum sales price or value per unit and the
  848  maximum award per unit for eligible housing benefiting from
  849  awards made pursuant to this section must be established in the
  850  local housing assistance plan.
  851         (k)(j) The benefit of assistance provided through the State
  852  Housing Initiatives Partnership Program must accrue to eligible
  853  persons occupying eligible housing. This provision shall not be
  854  construed to prohibit use of the local housing distribution
  855  funds for a mixed income rental development.
  856         (l)(k) Funds from the local housing distribution not used
  857  to meet the criteria established in paragraph (a) or paragraph
  858  (b) or not used for the administration of a local housing
  859  assistance plan must be used for housing production and finance
  860  activities, including, but not limited to, financing
  861  preconstruction activities or the purchase of existing units,
  862  providing rental housing, and providing home ownership training
  863  to prospective home buyers and owners of homes assisted through
  864  the local housing assistance plan.
  865         1. Notwithstanding the provisions of paragraphs (a) and
  866  (b), program income as defined in s. 420.9071(24) may also be
  867  used to fund activities described in this paragraph.
  868         2.When preconstruction due-diligence activities conducted
  869  as part of a preservation strategy show that preservation of the
  870  units is not feasible and will not result in the production of
  871  an eligible unit, such costs shall be deemed a program expense
  872  rather than an administrative expense if such program expenses
  873  do not exceed 3 percent of the annual local housing
  874  distribution.
  875         3. If both an award under the local housing assistance plan
  876  and federal low-income housing tax credits are used to assist a
  877  project and there is a conflict between the criteria prescribed
  878  in this subsection and the requirements of s. 42 of the Internal
  879  Revenue Code of 1986, as amended, the county or eligible
  880  municipality may resolve the conflict by giving precedence to
  881  the requirements of s. 42 of the Internal Revenue Code of 1986,
  882  as amended, in lieu of following the criteria prescribed in this
  883  subsection with the exception of paragraphs (a) and (e) (d) of
  884  this subsection.
  885         4.Each county and each eligible municipality may award
  886  funds as a grant for construction, rehabilitation, or repair as
  887  part of disaster recovery or emergency repairs or to remedy
  888  accessibility or health and safety deficiencies. Any other
  889  grants must be approved as part of the local housing assistance
  890  plan.
  891         (8) Pursuant to s. 420.531, the corporation shall provide
  892  training and technical assistance to local governments regarding
  893  the creation of partnerships, the design of local housing
  894  assistance strategies, the implementation of local housing
  895  incentive strategies, and the provision of support services.
  896         (10) Each county or eligible municipality shall submit to
  897  the corporation by September 15 of each year a report of its
  898  affordable housing programs and accomplishments through June 30
  899  immediately preceding submittal of the report. The report shall
  900  be certified as accurate and complete by the local government’s
  901  chief elected official or his or her designee. Transmittal of
  902  the annual report by a county’s or eligible municipality’s chief
  903  elected official, or his or her designee, certifies that the
  904  local housing incentive strategies, or, if applicable, the local
  905  housing incentive plan, have been implemented or are in the
  906  process of being implemented pursuant to the adopted schedule
  907  for implementation. The report must include, but is not limited
  908  to:
  909         (a) The number of households served by income category,
  910  age, family size, and race, and data regarding any special needs
  911  populations such as farmworkers, homeless persons, persons with
  912  disabilities, and the elderly. Counties shall report this
  913  information separately for households served in the
  914  unincorporated area and each municipality within the county.
  915         (h) Such other data or affordable housing accomplishments
  916  considered significant by the reporting county or eligible
  917  municipality or by the corporation.
  918         (13)
  919         (b) If, as a result of its review of the annual report, the
  920  corporation determines that a county or eligible municipality
  921  has failed to implement a local housing incentive strategy, or,
  922  if applicable, a local housing incentive plan, it shall send a
  923  notice of termination of the local government’s share of the
  924  local housing distribution by certified mail to the affected
  925  county or eligible municipality.
  926         1. The notice must specify a date of termination of the
  927  funding if the affected county or eligible municipality does not
  928  implement the plan or strategy and provide for a local response.
  929  A county or eligible municipality shall respond to the
  930  corporation within 30 days after receipt of the notice of
  931  termination.
  932         2. The corporation shall consider the local response that
  933  extenuating circumstances precluded implementation and grant an
  934  extension to the timeframe for implementation. Such an extension
  935  shall be made in the form of an extension agreement that
  936  provides a timeframe for implementation. The chief elected
  937  official of a county or eligible municipality or his or her
  938  designee shall have the authority to enter into the agreement on
  939  behalf of the local government.
  940         3. If the county or the eligible municipality has not
  941  implemented the incentive strategy or entered into an extension
  942  agreement by the termination date specified in the notice, the
  943  local housing distribution share terminates, and any uncommitted
  944  local housing distribution funds held by the affected county or
  945  eligible municipality in its local housing assistance trust fund
  946  shall be transferred to the Local Government Housing Trust Fund
  947  to the credit of the corporation to administer pursuant to s.
  948  420.9078.
  949         4.a. If the affected local government fails to meet the
  950  timeframes specified in the agreement, the corporation shall
  951  terminate funds. The corporation shall send a notice of
  952  termination of the local government’s share of the local housing
  953  distribution by certified mail to the affected local government.
  954  The notice shall specify the termination date, and any
  955  uncommitted funds held by the affected local government shall be
  956  transferred to the Local Government Housing Trust Fund to the
  957  credit of the corporation to administer pursuant to s. 420.9078.
  958         b. If the corporation terminates funds to a county, but an
  959  eligible municipality receiving a local housing distribution
  960  pursuant to an interlocal agreement maintains compliance with
  961  program requirements, the corporation shall thereafter
  962  distribute directly to the participating eligible municipality
  963  its share calculated in the manner provided in s. 420.9072.
  964         c. Any county or eligible municipality whose local
  965  distribution share has been terminated may subsequently elect to
  966  receive directly its local distribution share by adopting the
  967  ordinance, resolution, and local housing assistance plan in the
  968  manner and according to the procedures provided in ss. 420.907
  969  420.9079.
  970         (14)If the corporation determines that a county or
  971  eligible municipality has expended program funds for an
  972  ineligible activity, the corporation shall require such funds to
  973  be repaid to the local housing assistance trust fund. Such
  974  repayment may not be made with funds from the State Housing
  975  Initiatives Partnership Program.
  976         Section 14. Paragraph (h) of subsection (2), subsections
  977  (5) and (6), and paragraph (a) of subsection (7) of section
  978  420.9076, Florida Statutes, are amended to read:
  979         420.9076 Adoption of affordable housing incentive
  980  strategies; committees.—
  981         (2) The governing board of a county or municipality shall
  982  appoint the members of the affordable housing advisory committee
  983  by resolution. Pursuant to the terms of any interlocal
  984  agreement, a county and municipality may create and jointly
  985  appoint an advisory committee to prepare a joint plan. The
  986  ordinance adopted pursuant to s. 420.9072 which creates the
  987  advisory committee or the resolution appointing the advisory
  988  committee members must provide for 11 committee members and
  989  their terms. The committee must include:
  990         (h) One citizen who actively serves on the local planning
  991  agency pursuant to s. 163.3174. If the local planning agency is
  992  comprised of the governing board of the county or municipality,
  993  the governing board may appoint a designee who is knowledgeable
  994  in the local planning process.
  995  
  996  If a county or eligible municipality whether due to its small
  997  size, the presence of a conflict of interest by prospective
  998  appointees, or other reasonable factor, is unable to appoint a
  999  citizen actively engaged in these activities in connection with
 1000  affordable housing, a citizen engaged in the activity without
 1001  regard to affordable housing may be appointed. Local governments
 1002  that receive the minimum allocation under the State Housing
 1003  Initiatives Partnership Program may elect to appoint an
 1004  affordable housing advisory committee with fewer than 11
 1005  representatives if they are unable to find representatives who
 1006  meet the criteria of paragraphs (a)-(k).
 1007         (5) The approval by the advisory committee of its local
 1008  housing incentive strategies recommendations and its review of
 1009  local government implementation of previously recommended
 1010  strategies must be made by affirmative vote of a majority of the
 1011  membership of the advisory committee taken at a public hearing.
 1012  Notice of the time, date, and place of the public hearing of the
 1013  advisory committee to adopt its evaluation and final local
 1014  housing incentive strategies recommendations must be published
 1015  in a newspaper of general paid circulation in the county. The
 1016  notice must contain a short and concise summary of the
 1017  evaluation and local housing incentives strategies
 1018  recommendations to be considered by the advisory committee. The
 1019  notice must state the public place where a copy of the
 1020  evaluation and tentative advisory committee recommendations can
 1021  be obtained by interested persons. The final report, evaluation,
 1022  and recommendations shall be submitted to the corporation.
 1023         (6) Within 90 days after the date of receipt of the
 1024  evaluation and local housing incentive strategies
 1025  recommendations from the advisory committee, the governing body
 1026  of the appointing local government shall adopt an amendment to
 1027  its local housing assistance plan to incorporate the local
 1028  housing incentive strategies it will implement within its
 1029  jurisdiction. The amendment must include, at a minimum, the
 1030  local housing incentive strategies required under s.
 1031  420.9071(16). The local government must consider the strategies
 1032  specified in paragraphs (4)(a)-(k) as recommended by the
 1033  advisory committee.
 1034         (7) The governing board of the county or the eligible
 1035  municipality shall notify the corporation by certified mail of
 1036  its adoption of an amendment of its local housing assistance
 1037  plan to incorporate local housing incentive strategies. The
 1038  notice must include a copy of the approved amended plan.
 1039         (a) If the corporation fails to receive timely the approved
 1040  amended local housing assistance plan to incorporate local
 1041  housing incentive strategies, a notice of termination of its
 1042  share of the local housing distribution shall be sent by
 1043  certified mail by the corporation to the affected county or
 1044  eligible municipality. The notice of termination must specify a
 1045  date of termination of the funding if the affected county or
 1046  eligible municipality has not adopted an amended local housing
 1047  assistance plan to incorporate local housing incentive
 1048  strategies. If the county or the eligible municipality has not
 1049  adopted an amended local housing assistance plan to incorporate
 1050  local housing incentive strategies by the termination date
 1051  specified in the notice of termination, the local distribution
 1052  share terminates; and any uncommitted local distribution funds
 1053  held by the affected county or eligible municipality in its
 1054  local housing assistance trust fund shall be transferred to the
 1055  Local Government Housing Trust Fund to the credit of the
 1056  corporation to administer the local government housing program
 1057  pursuant to s. 420.9078.
 1058         Section 15. Section 420.9078, Florida Statutes, is
 1059  repealed.
 1060         Section 16. Section 420.9079, Florida Statutes, is amended
 1061  to read:
 1062         420.9079 Local Government Housing Trust Fund.—
 1063         (1) There is created in the State Treasury the Local
 1064  Government Housing Trust Fund, which shall be administered by
 1065  the corporation on behalf of the department according to the
 1066  provisions of ss. 420.907-420.9076 420.907-420.9078 and this
 1067  section. There shall be deposited into the fund a portion of the
 1068  documentary stamp tax revenues as provided in s. 201.15, moneys
 1069  received from any other source for the purposes of ss. 420.907
 1070  420.9076 420.907-420.9078 and this section, and all proceeds
 1071  derived from the investment of such moneys. Moneys in the fund
 1072  that are not currently needed for the purposes of the programs
 1073  administered pursuant to ss. 420.907-420.9076 420.907-420.9078
 1074  and this section shall be deposited to the credit of the fund
 1075  and may be invested as provided by law. The interest received on
 1076  any such investment shall be credited to the fund.
 1077         (2) The corporation shall administer the fund exclusively
 1078  for the purpose of implementing the programs described in ss.
 1079  420.907-420.9076 420.907-420.9078 and this section. With the
 1080  exception of monitoring the activities of counties and eligible
 1081  municipalities to determine local compliance with program
 1082  requirements, the corporation shall not receive appropriations
 1083  from the fund for administrative or personnel costs. For the
 1084  purpose of implementing the compliance monitoring provisions of
 1085  s. 420.9075(9), the corporation may request a maximum of one
 1086  quarter of 1 percent of the annual appropriation per state
 1087  fiscal year. When such funding is appropriated, the corporation
 1088  shall deduct the amount appropriated prior to calculating the
 1089  local housing distribution pursuant to ss. 420.9072 and
 1090  420.9073.
 1091         Section 17. Subsection (12) of section 1001.43, Florida
 1092  Statutes, is amended to read:
 1093         1001.43 Supplemental powers and duties of district school
 1094  board.—The district school board may exercise the following
 1095  supplemental powers and duties as authorized by this code or
 1096  State Board of Education rule.
 1097         (12) AFFORDABLE HOUSING.—A district school board may use
 1098  portions of school sites purchased within the guidelines of the
 1099  State Requirements for Educational Facilities, land deemed not
 1100  usable for educational purposes because of location or other
 1101  factors, or land declared as surplus by the board to provide
 1102  sites for affordable housing for teachers and other district
 1103  personnel and, in areas of critical state concern, for other
 1104  essential services personnel as defined by local affordable
 1105  housing eligibility requirements, independently or in
 1106  conjunction with other agencies as described in subsection (5).
 1107         Section 18. This act shall take effect July 1, 2009.