HB 665

1
A bill to be entitled
2An act relating to affordable housing; amending s.
3159.608, F.S.; providing a housing finance authority with
4an additional purpose for which it may exercise its power
5to borrow; amending s. 201.15, F.S.; removing a limitation
6on the amount of proceeds from excise taxes on documents
7to be deposited into the State Housing Trust Fund each
8fiscal year; providing for retroactive repeal of s. 8, ch.
92009-131, Laws of Florida, to eliminate a conflicting
10version of s. 201.15, F.S.; amending s. 420.0003, F.S.;
11providing additional policy guidelines under the state
12housing strategy for the development of programs for
13housing production or rehabilitation; including the needs
14of persons with special needs in the strategy's periodic
15review and report; amending s. 420.0004, F.S.; defining
16the terms "disabling condition" and "person with special
17needs"; conforming cross-references; amending s. 420.5061,
18F.S.; removing a provision requiring the Florida Housing
19Finance Corporation to transfer certain funds to the
20General Revenue Fund; amending s. 420.507, F.S.; requiring
21certain rates of interest to be made available to sponsors
22of projects for persons with special needs; providing
23additional powers of the corporation relating to receipt
24of federal funds; conforming a cross-reference; amending
25s. 420.5087, F.S.; limiting the reservation of funds
26within each notice of fund availability to the persons
27with special needs tenant group; including persons with
28special needs as a tenant group for specified purposes of
29the State Apartment Incentive Loan Program; requiring a
30specified review committee to include projects that
31reserve units for persons with special needs in its
32evaluation and competitive ranking of applications for
33such program; conforming a cross-reference; amending ss.
34163.31771, 212.08, 215.5586, and 420.503, F.S.; conforming
35cross-references; providing legislative intent;
36prohibiting funds from the State Housing Trust Fund or the
37Local Government Housing Trust Fund that are appropriated
38for specified programs from being used for certain
39purposes; providing for future repeal; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Subsection (11) is added to section 159.608,
45Florida Statutes, to read:
46     159.608  Powers of housing finance authorities.-A housing
47finance authority shall constitute a public body corporate and
48politic, exercising the public and essential governmental
49functions set forth in this act, and shall exercise its power to
50borrow only for the purpose as provided herein:
51     (11)  To invest and reinvest surplus funds of the housing
52finance authority in accordance with s. 218.415. However, in
53addition to the investments expressly authorized in ss.
54218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
55may invest surplus funds in interest-bearing time deposits or
56savings accounts that are fully insured by the Federal Deposit
57Insurance Corporation regardless of whether the bank or
58financial institution in which the deposit or investment is made
59is a qualified public depository as defined in s. 280.02. This
60subsection is supplementary to and may not be construed as
61limiting any powers of a housing finance authority or providing
62or implying a limiting construction of any other statutory
63provision.
64     Section 2.  Subsections (9), (10), (13), (15), (16), and
65(17) of section 201.15, Florida Statutes, as amended by chapters
662009-17, 2009-21, and 2009-68, Laws of Florida, are amended to
67read:
68     201.15  Distribution of taxes collected.-All taxes
69collected under this chapter are subject to the service charge
70imposed in s. 215.20(1). Prior to distribution under this
71section, the Department of Revenue shall deduct amounts
72necessary to pay the costs of the collection and enforcement of
73the tax levied by this chapter. Such costs and the service
74charge may not be levied against any portion of taxes pledged to
75debt service on bonds to the extent that the costs and service
76charge are required to pay any amounts relating to the bonds.
77After distributions are made pursuant to subsection (1), all of
78the costs of the collection and enforcement of the tax levied by
79this chapter and the service charge shall be available and
80transferred to the extent necessary to pay debt service and any
81other amounts payable with respect to bonds authorized before
82January 1, 2010, secured by revenues distributed pursuant to
83subsection (1). All taxes remaining after deduction of costs and
84the service charge shall be distributed as follows:
85     (9)  Seven and fifty-three hundredths The lesser of 7.53
86percent of the remaining taxes or $107 million in each fiscal
87year shall be paid into the State Treasury to the credit of the
88State Housing Trust Fund and used as follows:
89     (a)  Half of that amount shall be used for the purposes for
90which the State Housing Trust Fund was created and exists by
91law.
92     (b)  Half of that amount shall be paid into the State
93Treasury to the credit of the Local Government Housing Trust
94Fund and used for the purposes for which the Local Government
95Housing Trust Fund was created and exists by law.
96     (10)  Eight and sixty-six hundredths The lesser of 8.66
97percent of the remaining taxes or $136 million in each fiscal
98year shall be paid into the State Treasury to the credit of the
99State Housing Trust Fund and used as follows:
100     (a)  Twelve and one-half percent of that amount shall be
101deposited into the State Housing Trust Fund and be expended by
102the Department of Community Affairs and by the Florida Housing
103Finance Corporation for the purposes for which the State Housing
104Trust Fund was created and exists by law.
105     (b)  Eighty-seven and one-half percent of that amount shall
106be distributed to the Local Government Housing Trust Fund and
107used for the purposes for which the Local Government Housing
108Trust Fund was created and exists by law. Funds from this
109category may also be used to provide for state and local
110services to assist the homeless.
111     (13)  Beginning July 1, 2008, in each fiscal year that the
112remaining taxes collected under this chapter exceed collections
113in the prior fiscal year, the stated maximum dollar amounts
114provided in subsections (2), (4), (6), and (7), (9), and (10)
115shall each be increased by an amount equal to 10 percent of the
116increase in the remaining taxes collected under this chapter
117multiplied by the applicable percentage provided in those
118subsections.
119     (15)  Distributions to the State Housing Trust Fund
120pursuant to subsections (9) and (10) shall be sufficient to
121cover amounts required to be transferred to the Florida
122Affordable Housing Guarantee Program's annual debt service
123reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
124up to but not exceeding the amount required to be transferred to
125such reserve and fund based on the percentage distribution of
126documentary stamp tax revenues to the State Housing Trust Fund
127which is in effect in the 2004-2005 fiscal year.
128     (15)(16)  If amounts necessary to pay debt service or any
129other amounts payable with respect to Preservation 2000 bonds,
130Florida Forever bonds, or Everglades Restoration bonds
131authorized before July 1, 2009, exceed the amounts distributable
132pursuant to subsection (1), all moneys distributable pursuant to
133this section are available for such obligations and transferred
134in the amounts necessary to pay such obligations when due.
135However, amounts distributable pursuant to subsection (2),
136subsection (3), subsection (4), subsection (5), paragraph
137(9)(a), or paragraph (10)(a) are not available to pay such
138obligations to the extent that such moneys are necessary to pay
139debt service on bonds secured by revenues pursuant to those
140provisions.
141     (16)(17)  The remaining taxes collected under this chapter,
142after the distributions provided in the preceding subsections,
143shall be paid into the State Treasury to the credit of the
144General Revenue Fund.
145     Section 3.  Section 8 of chapter 2009-131, Laws of Florida,
146is repealed, retroactive to June 30, 2009.
147     Section 4.  Paragraph (e) of subsection (3) and paragraph
148(c) of subsection (4) of section 420.0003, Florida Statutes, are
149amended to read:
150     420.0003  State housing strategy.-
151     (3)  POLICIES.-
152     (e)  Housing production or rehabilitation programs.-New
153programs for housing production or rehabilitation shall be
154developed in accordance with the following general guidelines as
155appropriate for the purpose of the specific program:
156     1.  State and local governments shall provide incentives to
157encourage the private sector to be the primary delivery vehicle
158for the development of affordable housing.
159     2.  State funds should be heavily leveraged to achieve the
160maximum local and private commitment of funds while achieving
161the program objectives.
162     3.  To the maximum extent possible, state funds should be
163expended to provide housing units rather than to support program
164administration.
165     4.  State money should be used, when possible, as loans
166rather than grants.
167     5.  State funds should be available only to local
168governments that provide incentives or financial assistance for
169housing.
170     6.  State funds should be made available only for projects
171which are consistent with the local government comprehensive
172plan.
173     7.  State funding for housing should not be made available
174to local governments whose comprehensive plans have been found
175not in compliance with chapter 163 and who have not entered into
176a stipulated settlement agreement with the Department of
177Community Affairs to bring the plan into compliance.
178     8.  Mixed income projects should be encouraged, to avoid a
179concentration of low-income residents in one area or project.
180     9.  Distribution of state housing funds should be flexible
181and consider the regional and local needs, resources, and
182capabilities of housing producers.
183     10.  Distribution of housing funds for multifamily rental
184housing should be administered to address the housing needs of
185persons most in need of housing.
186     11.10.  Income levels used to determine program eligibility
187should be adjusted for family size in determining the
188eligibility of specific beneficiaries.
189     12.11.  To the maximum extent possible, state-owned lands
190that are appropriate for the development of affordable housing
191shall be made available for that purpose.
192     (4)  IMPLEMENTATION.-The Department of Community Affairs
193and the Florida Housing Finance Corporation in carrying out the
194strategy articulated herein shall have the following duties:
195     (c)  The Shimberg Center for Affordable Housing, in
196consultation with the Department of Community Affairs and the
197Florida Housing Finance Corporation, shall review and evaluate
198existing housing rehabilitation, production, and finance
199programs to determine their consistency with relevant policies
200in this section and identify the needs of specific populations,
201including, but not limited to, elderly persons, and handicapped
202persons, and persons with special needs, and shall recommend
203statutory modifications where appropriate. The Shimberg Center
204for Affordable Housing, in consultation with the Department of
205Community Affairs and the corporation, shall also evaluate the
206degree of coordination between state housing programs, and
207between state, federal, and local housing activities, and shall
208recommend improved program linkages. The recommendations
209required above and a report of any programmatic modifications
210made as a result of these policies shall be included in the
211housing report required by s. 420.6075, beginning December 31,
2121991, and every 5 years thereafter.
213     Section 5.  Section 420.0004, Florida Statutes, is amended
214to read:
215     420.0004  Definitions.-As used in this part, unless the
216context otherwise indicates:
217     (1)  "Adjusted for family size" means adjusted in a manner
218which results in an income eligibility level which is lower for
219households with fewer than four people, or higher for households
220with more than four people, than the base income eligibility
221determined as provided in subsection (9) (8), subsection (11)
222(10), subsection (12) (11), or subsection (17) (15), based upon
223a formula as established by the United States Department of
224Housing and Urban Development.
225     (2)  "Adjusted gross income" means all wages, assets,
226regular cash or noncash contributions or gifts from persons
227outside the household, and such other resources and benefits as
228may be determined to be income by the United States Department
229of Housing and Urban Development, adjusted for family size, less
230deductions allowable under s. 62 of the Internal Revenue Code.
231     (3)  "Affordable" means that monthly rents or monthly
232mortgage payments including taxes, insurance, and utilities do
233not exceed 30 percent of that amount which represents the
234percentage of the median adjusted gross annual income for the
235households as indicated in subsection (9) (8), subsection (11)
236(10), subsection (12) (11), or subsection (17) (15).
237     (4)  "Corporation" means the Florida Housing Finance
238Corporation.
239     (5)  "Community-based organization" or "nonprofit
240organization" means a private corporation organized under
241chapter 617 to assist in the provision of housing and related
242services on a not-for-profit basis and which is acceptable to
243federal and state agencies and financial institutions as a
244sponsor of low-income housing.
245     (6)  "Department" means the Department of Community
246Affairs.
247     (7)  "Disabling condition" means a diagnosable substance
248abuse disorder, serious mental illness, developmental
249disability, or chronic physical illness or disability, or the
250co-occurrence of two or more of these conditions, and a
251determination that the condition is:
252     (a)  Expected to be of long-continued and indefinite
253duration; and
254     (b)  Not expected to impair the ability of the person with
255special needs to live independently with appropriate supports.
256     (8)(7)  "Elderly" describes persons 62 years of age or
257older.
258     (9)(8)  "Extremely-low-income persons" means one or more
259natural persons or a family whose total annual household income
260does not exceed 30 percent of the median annual adjusted gross
261income for households within the state. The Florida Housing
262Finance Corporation may adjust this amount annually by rule to
263provide that in lower income counties, extremely low income may
264exceed 30 percent of area median income and that in higher
265income counties, extremely low income may be less than 30
266percent of area median income.
267     (10)(9)  "Local public body" means any county,
268municipality, or other political subdivision, or any housing
269authority as provided by chapter 421, which is eligible to
270sponsor or develop housing for farmworkers and very-low-income
271and low-income persons within its jurisdiction.
272     (11)(10)  "Low-income persons" means one or more natural
273persons or a family, the total annual adjusted gross household
274income of which does not exceed 80 percent of the median annual
275adjusted gross income for households within the state, or 80
276percent of the median annual adjusted gross income for
277households within the metropolitan statistical area (MSA) or, if
278not within an MSA, within the county in which the person or
279family resides, whichever is greater.
280     (12)(11)  "Moderate-income persons" means one or more
281natural persons or a family, the total annual adjusted gross
282household income of which is less than 120 percent of the median
283annual adjusted gross income for households within the state, or
284120 percent of the median annual adjusted gross income for
285households within the metropolitan statistical area (MSA) or, if
286not within an MSA, within the county in which the person or
287family resides, whichever is greater.
288     (13)  "Person with special needs" means an adult person
289requiring independent living services in order to maintain
290housing or develop independent living skills and who has a
291disabling condition; a young adult formerly in foster care who
292is eligible for services under s. 409.1451(5); a survivor of
293domestic violence as defined in s. 741.28; or a person receiving
294benefits under the Social Security Disability Insurance (SSDI)
295program or the Supplemental Security Income (SSI) program or
296from veterans' disability benefits.
297     (14)(12)  "Student" means any person not living with his or
298her parent or guardian who is eligible to be claimed by his or
299her parent or guardian as a dependent under the federal income
300tax code and who is enrolled on at least a half-time basis in a
301secondary school, career center, community college, college, or
302university.
303     (15)(13)  "Substandard" means:
304     (a)  Any unit lacking complete plumbing or sanitary
305facilities for the exclusive use of the occupants;
306     (b)  A unit which is in violation of one or more major
307sections of an applicable housing code and where such violation
308poses a serious threat to the health of the occupant; or
309     (c)  A unit that has been declared unfit for human
310habitation but that could be rehabilitated for less than 50
311percent of the property value.
312     (16)(14)  "Substantial rehabilitation" means repair or
313restoration of a dwelling unit where the value of such repair or
314restoration exceeds 40 percent of the value of the dwelling.
315     (17)(15)  "Very-low-income persons" means one or more
316natural persons or a family, not including students, the total
317annual adjusted gross household income of which does not exceed
31850 percent of the median annual adjusted gross income for
319households within the state, or 50 percent of the median annual
320adjusted gross income for households within the metropolitan
321statistical area (MSA) or, if not within an MSA, within the
322county in which the person or family resides, whichever is
323greater.
324     Section 6.  Section 420.5061, Florida Statutes, is amended
325to read:
326     420.5061  Transfer of agency assets and liabilities.-The
327corporation is the legal successor in all respects to the
328agency, is obligated to the same extent as the agency under any
329agreements existing on December 31, 1997, and is entitled to any
330rights and remedies previously afforded the agency by law or
331contract, including specifically the rights of the agency under
332chapter 201 and part VI of chapter 159. Effective January 1,
3331998, all references under Florida law to the agency are deemed
334to mean the corporation. The corporation shall transfer to the
335General Revenue Fund an amount which otherwise would have been
336deducted as a service charge pursuant to s. 215.20(1) if the
337Florida Housing Finance Corporation Fund established by s.
338420.508(5), the State Apartment Incentive Loan Fund established
339by s. 420.5087(7), the Florida Homeownership Assistance Fund
340established by s. 420.5088(4), the HOME Investment Partnership
341Fund established by s. 420.5089(1), and the Housing
342Predevelopment Loan Fund established by s. 420.525(1) were each
343trust funds. For purposes of s. 112.313, the corporation is
344deemed to be a continuation of the agency, and the provisions
345thereof are deemed to apply as if the same entity remained in
346place. Any employees of the agency and agency board members
347covered by s. 112.313(9)(a)6. shall continue to be entitled to
348the exemption in that subparagraph, notwithstanding being hired
349by the corporation or appointed as board members of the
350corporation.
351     Section 7.  Paragraph (a) of subsection (22) and
352subsections (33) and (46) of section 420.507, Florida Statutes,
353are amended to read:
354     420.507  Powers of the corporation.-The corporation shall
355have all the powers necessary or convenient to carry out and
356effectuate the purposes and provisions of this part, including
357the following powers which are in addition to all other powers
358granted by other provisions of this part:
359     (22)  To develop and administer the State Apartment
360Incentive Loan Program. In developing and administering that
361program, the corporation may:
362     (a)  Make first, second, and other subordinated mortgage
363loans including variable or fixed rate loans subject to
364contingent interest for all State Apartment Incentive Loans
365provided in this chapter based upon available cash flow of the
366projects. The corporation shall make loans exceeding 25 percent
367of project cost only to nonprofit organizations and public
368bodies that are able to secure grants, donations of land, or
369contributions from other sources and to projects meeting the
370criteria of subparagraph 1. Mortgage loans shall be made
371available at the following rates of interest:
372     1.  Zero to 3 percent interest for sponsors of projects
373that set aside at least 80 percent of their total units for
374residents qualifying as farmworkers, commercial fishing workers,
375or the homeless as defined in s. 420.621, or persons with
376special needs as defined in s. 420.0004(13) over the life of the
377loan.
378     2.  Zero to 3 percent interest based on the pro rata share
379of units set aside for homeless residents or persons with
380special needs if the total of such units is less than 80 percent
381of the units in the borrower's project.
382     3.  One to 9 percent interest for sponsors of projects
383targeted at populations other than farmworkers, commercial
384fishing workers, or the homeless, or persons with special needs.
385     (33)  To receive federal funding in connection with the
386corporation's programs directly from the Federal Government and
387to receive federal funds for which no corresponding program has
388been created in statute and establish selection criteria for
389such funds by request for proposals or other competitive
390solicitation.
391     (46)  To require, as a condition of financing a multifamily
392rental project, that an agreement be recorded in the official
393records of the county where the real property is located, which
394requires that the project be used for housing defined as
395affordable in s. 420.0004(3) by persons defined in s.
396420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
397agreement is a state land use regulation that limits the highest
398and best use of the property within the meaning of s.
399193.011(2).
400     Section 8.  Subsection (3) and paragraph (c) of subsection
401(6) of section 420.5087, Florida Statutes, are amended to read:
402     420.5087  State Apartment Incentive Loan Program.-There is
403hereby created the State Apartment Incentive Loan Program for
404the purpose of providing first, second, or other subordinated
405mortgage loans or loan guarantees to sponsors, including for-
406profit, nonprofit, and public entities, to provide housing
407affordable to very-low-income persons.
408     (3)  During the first 6 months of loan or loan guarantee
409availability, program funds shall be reserved for use by
410sponsors who provide the housing set-aside required in
411subsection (2) for the tenant groups designated in this
412subsection. The reservation of funds to each of these groups
413shall be determined using the most recent statewide very-low-
414income rental housing market study available at the time of
415publication of each notice of fund availability required by
416paragraph (6)(b). The reservation of funds within each notice of
417fund availability to the tenant groups in paragraphs (a), (b),
418and (e) (d) may not be less than 10 percent of the funds
419available at that time. Any increase in funding required to
420reach the 10-percent minimum must be taken from the tenant group
421that has the largest reservation. The reservation of funds
422within each notice of fund availability to the tenant group in
423paragraph (c) may not be less than 5 percent of the funds
424available at that time. The reservation of funds within each
425notice of fund availability to the tenant group in paragraph (d)
426may not be more than 10 percent of the funds available at that
427time. The tenant groups are:
428     (a)  Commercial fishing workers and farmworkers;
429     (b)  Families;
430     (c)  Persons who are homeless;
431     (d)  Persons with special needs; and
432     (e)(d)  Elderly persons. Ten percent of the amount reserved
433for the elderly shall be reserved to provide loans to sponsors
434of housing for the elderly for the purpose of making building
435preservation, health, or sanitation repairs or improvements
436which are required by federal, state, or local regulation or
437code, or lifesafety or security-related repairs or improvements
438to such housing. Such a loan may not exceed $750,000 per housing
439community for the elderly. In order to receive the loan, the
440sponsor of the housing community must make a commitment to match
441at least 5 percent of the loan amount to pay the cost of such
442repair or improvement. The corporation shall establish the rate
443of interest on the loan, which may not exceed 3 percent, and the
444term of the loan, which may not exceed 15 years; however, if the
445lien of the corporation's encumbrance is subordinate to the lien
446of another mortgagee, then the term may be made coterminous with
447the longest term of the superior lien. The term of the loan
448shall be based on a credit analysis of the applicant. The
449corporation may forgive indebtedness for a share of the loan
450attributable to the units in a project reserved for extremely-
451low-income elderly by nonprofit organizations, as defined in s.
452420.0004(5), where the project has provided affordable housing
453to the elderly for 15 years or more. The corporation shall
454establish, by rule, the procedure and criteria for receiving,
455evaluating, and competitively ranking all applications for loans
456under this paragraph. A loan application must include evidence
457of the first mortgagee's having reviewed and approved the
458sponsor's intent to apply for a loan. A nonprofit organization
459or sponsor may not use the proceeds of the loan to pay for
460administrative costs, routine maintenance, or new construction.
461     (6)  On all state apartment incentive loans, except loans
462made to housing communities for the elderly to provide for
463lifesafety, building preservation, health, sanitation, or
464security-related repairs or improvements, the following
465provisions shall apply:
466     (c)  The corporation shall provide by rule for the
467establishment of a review committee composed of the department
468and corporation staff and shall establish by rule a scoring
469system for evaluation and competitive ranking of applications
470submitted in this program, including, but not limited to, the
471following criteria:
472     1.  Tenant income and demographic targeting objectives of
473the corporation.
474     2.  Targeting objectives of the corporation which will
475ensure an equitable distribution of loans between rural and
476urban areas.
477     3.  Sponsor's agreement to reserve the units for persons or
478families who have incomes below 50 percent of the state or local
479median income, whichever is higher, for a time period to exceed
480the minimum required by federal law or the provisions of this
481part.
482     4.  Sponsor's agreement to reserve more than:
483     a.  Twenty percent of the units in the project for persons
484or families who have incomes that do not exceed 50 percent of
485the state or local median income, whichever is higher; or
486     b.  Forty percent of the units in the project for persons
487or families who have incomes that do not exceed 60 percent of
488the state or local median income, whichever is higher, without
489requiring a greater amount of the loans as provided in this
490section.
491     5.  Provision for tenant counseling.
492     6.  Sponsor's agreement to accept rental assistance
493certificates or vouchers as payment for rent.
494     7.  Projects requiring the least amount of a state
495apartment incentive loan compared to overall project cost except
496that the share of the loan attributable to units serving
497extremely-low-income persons shall be excluded from this
498requirement.
499     8.  Local government contributions and local government
500comprehensive planning and activities that promote affordable
501housing.
502     9.  Project feasibility.
503     10.  Economic viability of the project.
504     11.  Commitment of first mortgage financing.
505     12.  Sponsor's prior experience, including whether the
506developer and general contractor have substantial experience, as
507provided in s. 420.507(47).
508     13.  Sponsor's ability to proceed with construction.
509     14.  Projects that directly implement or assist welfare-to-
510work transitioning.
511     15.  Projects that reserve units for extremely-low-income
512persons.
513     16.  Projects that include green building principles,
514storm-resistant construction, or other elements that reduce
515long-term costs relating to maintenance, utilities, or
516insurance.
517     17.  Domicile of the developer and general contractor, as
518provided in s. 420.507(47).
519     18.  Projects that reserve units for persons with special
520needs, provided services for such persons are available to the
521project.
522     Section 9.  Paragraphs (d), (e), (f), and (g) of subsection
523(2) of section 163.31771, Florida Statutes, are amended to read:
524     163.31771  Accessory dwelling units.-
525     (2)  As used in this section, the term:
526     (d)  "Low-income persons" has the same meaning as in s.
527420.0004(11)(10).
528     (e)  "Moderate-income persons" has the same meaning as in
529s. 420.0004(12)(11).
530     (f)  "Very-low-income persons" has the same meaning as in
531s. 420.0004(17)(15).
532     (g)  "Extremely-low-income persons" has the same meaning as
533in s. 420.0004(9)(8).
534     Section 10.  Paragraph (o) of subsection (5) of section
535212.08, Florida Statutes, is amended to read:
536     212.08  Sales, rental, use, consumption, distribution, and
537storage tax; specified exemptions.-The sale at retail, the
538rental, the use, the consumption, the distribution, and the
539storage to be used or consumed in this state of the following
540are hereby specifically exempt from the tax imposed by this
541chapter.
542     (5)  EXEMPTIONS; ACCOUNT OF USE.-
543     (o)  Building materials in redevelopment projects.-
544     1.  As used in this paragraph, the term:
545     a.  "Building materials" means tangible personal property
546that becomes a component part of a housing project or a mixed-
547use project.
548     b.  "Housing project" means the conversion of an existing
549manufacturing or industrial building to housing units in an
550urban high-crime area, enterprise zone, empowerment zone, Front
551Porch Community, designated brownfield area, or urban infill
552area and in which the developer agrees to set aside at least 20
553percent of the housing units in the project for low-income and
554moderate-income persons or the construction in a designated
555brownfield area of affordable housing for persons described in
556s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
557159.603(7).
558     c.  "Mixed-use project" means the conversion of an existing
559manufacturing or industrial building to mixed-use units that
560include artists' studios, art and entertainment services, or
561other compatible uses. A mixed-use project must be located in an
562urban high-crime area, enterprise zone, empowerment zone, Front
563Porch Community, designated brownfield area, or urban infill
564area, and the developer must agree to set aside at least 20
565percent of the square footage of the project for low-income and
566moderate-income housing.
567     d.  "Substantially completed" has the same meaning as
568provided in s. 192.042(1).
569     2.  Building materials used in the construction of a
570housing project or mixed-use project are exempt from the tax
571imposed by this chapter upon an affirmative showing to the
572satisfaction of the department that the requirements of this
573paragraph have been met. This exemption inures to the owner
574through a refund of previously paid taxes. To receive this
575refund, the owner must file an application under oath with the
576department which includes:
577     a.  The name and address of the owner.
578     b.  The address and assessment roll parcel number of the
579project for which a refund is sought.
580     c.  A copy of the building permit issued for the project.
581     d.  A certification by the local building code inspector
582that the project is substantially completed.
583     e.  A sworn statement, under penalty of perjury, from the
584general contractor licensed in this state with whom the owner
585contracted to construct the project, which statement lists the
586building materials used in the construction of the project and
587the actual cost thereof, and the amount of sales tax paid on
588these materials. If a general contractor was not used, the owner
589shall provide this information in a sworn statement, under
590penalty of perjury. Copies of invoices evidencing payment of
591sales tax must be attached to the sworn statement.
592     3.  An application for a refund under this paragraph must
593be submitted to the department within 6 months after the date
594the project is deemed to be substantially completed by the local
595building code inspector. Within 30 working days after receipt of
596the application, the department shall determine if it meets the
597requirements of this paragraph. A refund approved pursuant to
598this paragraph shall be made within 30 days after formal
599approval of the application by the department.
600     4.  The department shall establish by rule an application
601form and criteria for establishing eligibility for exemption
602under this paragraph.
603     5.  The exemption shall apply to purchases of materials on
604or after July 1, 2000.
605     Section 11.  Paragraphs (a) and (g) of subsection (2) of
606section 215.5586, Florida Statutes, are amended to read:
607     215.5586  My Safe Florida Home Program.-There is
608established within the Department of Financial Services the My
609Safe Florida Home Program. The department shall provide fiscal
610accountability, contract management, and strategic leadership
611for the program, consistent with this section. This section does
612not create an entitlement for property owners or obligate the
613state in any way to fund the inspection or retrofitting of
614residential property in this state. Implementation of this
615program is subject to annual legislative appropriations. It is
616the intent of the Legislature that the My Safe Florida Home
617Program provide trained and certified inspectors to perform
618inspections for owners of site-built, single-family, residential
619properties and grants to eligible applicants as funding allows.
620The program shall develop and implement a comprehensive and
621coordinated approach for hurricane damage mitigation that may
622include the following:
623     (2)  MITIGATION GRANTS.-Financial grants shall be used to
624encourage single-family, site-built, owner-occupied, residential
625property owners to retrofit their properties to make them less
626vulnerable to hurricane damage.
627     (a)  For a homeowner to be eligible for a grant, the
628following criteria must be met:
629     1.  The homeowner must have been granted a homestead
630exemption on the home under chapter 196.
631     2.  The home must be a dwelling with an insured value of
632$300,000 or less. Homeowners who are low-income persons, as
633defined in s. 420.0004(11)(10), are exempt from this
634requirement.
635     3.  The home must have undergone an acceptable hurricane
636mitigation inspection after May 1, 2007.
637     4.  The home must be located in the "wind-borne debris
638region" as that term is defined in s. 1609.2, International
639Building Code (2006), or as subsequently amended.
640     5.  The building permit application for initial
641construction of the home must have been made before March 1,
6422002.
643
644An application for a grant must contain a signed or
645electronically verified statement made under penalty of perjury
646that the applicant has submitted only a single application and
647must have attached documents demonstrating the applicant meets
648the requirements of this paragraph.
649     (g)  Low-income homeowners, as defined in s.
650420.0004(11)(10), who otherwise meet the requirements of
651paragraphs (a), (c), (e), and (f) are eligible for a grant of up
652to $5,000 and are not required to provide a matching amount to
653receive the grant. Additionally, for low-income homeowners,
654grant funding may be used for repair to existing structures
655leading to any of the mitigation improvements provided in
656paragraph (e), limited to 20 percent of the grant value. The
657program may accept a certification directly from a low-income
658homeowner that the homeowner meets the requirements of s.
659420.0004(11)(10) if the homeowner provides such certification in
660a signed or electronically verified statement made under penalty
661of perjury.
662     Section 12.  Subsection (19) of section 420.503, Florida
663Statutes, is amended to read:
664     420.503  Definitions.-As used in this part, the term:
665     (19)  "Housing for the elderly" means, for purposes of s.
666420.5087(3)(e)(d), any nonprofit housing community that is
667financed by a mortgage loan made or insured by the United States
668Department of Housing and Urban Development under s. 202, s. 202
669with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
670National Housing Act, as amended, and that is subject to income
671limitations established by the United States Department of
672Housing and Urban Development, or any program funded by the
673Rural Development Agency of the United States Department of
674Agriculture and subject to income limitations established by the
675United States Department of Agriculture. A project which
676qualifies for an exemption under the Fair Housing Act as housing
677for older persons as defined by s. 760.29(4) shall qualify as
678housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
679for purposes of any loans made pursuant to s. 420.508. In
680addition, if the corporation adopts a qualified allocation plan
681pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
682other rules that prioritize projects targeting the elderly for
683purposes of allocating tax credits pursuant to s. 420.5099 or
684for purposes of the HOME program under s. 420.5089, a project
685which qualifies for an exemption under the Fair Housing Act as
686housing for older persons as defined by s. 760.29(4) shall
687qualify as a project targeted for the elderly, if the project
688satisfies the other requirements set forth in this part.
689     Section 13.  (1)  The Legislature finds that due to the
690current economic conditions in the housing market there is a
691critical need to rehabilitate or sell excess inventory of unsold
692homes, including foreclosed homes and newly constructed homes,
693as well as a critical need for the rehabilitation and
694preservation of older, affordable apartments. The Legislature
695further finds that there is a critical need to create housing-
696related jobs and that these conditions require the targeting of
697state and local housing trust fund moneys to assist in the sale
698or rehabilitation of existing homes and the preservation and
699rehabilitation of older rental apartments.
700     (2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
701420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
702(5)(b), Florida Statutes, funds from the State Housing Trust
703Fund or the Local Government Housing Trust Fund that are
704appropriated for use in the State Apartment Incentive Loan
705Program, Florida Homeownership Assistance Program, Community
706Workforce Housing Innovation Pilot Program, or the State Housing
707Initiatives Partnership Program may not be used to:
708     (a)  Finance or otherwise assist the construction or
709purchase of housing sold to eligible individuals, unless the
710housing unit being sold had an initial certificate of occupancy
711prior to December 31, 2009; or
712     (b)  Finance or otherwise assist in the construction or
713purchase of rental housing, unless the development being
714financed or assisted received its initial certificate of
715occupancy prior to December 31, 1995.
716
717Nothing in this section restricts the use of such funds to
718assist with the purchase of newly constructed homes that were
719completed prior to December 31, 2009, or the acquisition and
720rehabilitation of apartments that received their initial
721certificate of occupancy prior to December 31, 1995. The use of
722such funds is subject to the restrictions of the program under
723which the funding is made available.
724     (3)  This section expires July 1, 2011.
725     Section 14.  This act shall take effect July 1, 2010.


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