CS/CS/CS/HB 665

1	A bill to be entitled
2	An act relating to affordable housing; amending s. 20.055,
3	F.S.; revising the definition of "state agency" to include
4	the Florida Housing Finance Corporation; revising the
5	definition of "agency head" to include the board of
6	directors of the corporation; requiring the inspector
7	general to prepare an annual report; amending s. 159.608,
8	F.S.; providing a housing finance authority with an
9	additional purpose for which it may exercise its power to
10	borrow; amending s. 163.3177, F.S.; revising provisions
11	relating to the elements of local comprehensive plans to
12	include an element for affordable housing for certain
13	seniors; providing for the disposition of real property by
14	a local government for the development of affordable
15	housing; amending s. 201.15, F.S.; revising the allocation
16	of certain proceeds distributed from the excise tax on
17	documents that are paid into the State Treasury to the
18	credit of the State Housing Trust Fund; providing for
19	retroactive repeal of s. 8, ch. 2009-131, Laws of Florida,
20	to eliminate a conflicting version of s. 201.15, F.S.;
21	amending s. 420.0003, F.S.; including the needs of persons
22	with special needs in the state housing strategy's
23	periodic review and report; amending s. 420.0004, F.S.;
24	defining the terms "disabling condition" and "person with
25	special needs"; conforming cross-references; amending s.
26	420.0006, F.S.; removing an obsolete reference; deleting
27	provisions requiring the inspector general of the
28	Department of Community Affairs to perform functions for
29	the corporation to conform to changes made by the act;
30	amending s. 420.504, F.S.; authorizing the Secretary of
31	Community Affairs to designate a senior-level agency
32	employee to serve on the board of directors of the Florida
33	Housing Finance Corporation; amending s. 420.506, F.S.;
34	providing for the appointment of an inspector general of
35	the Florida Housing Finance Corporation; providing
36	appointing authority thereof; providing duties and
37	responsibilities of the inspector general; amending s.
38	420.507, F.S.; requiring certain rates of interest to be
39	made available to sponsors of projects for persons with
40	special needs; providing additional powers of the
41	corporation relating to receipt of federal funds; revising
42	powers of the corporation relating to criteria
43	establishing a preference for eligible developers and
44	general contractors; conforming a cross-reference;
45	amending s. 420.5087, F.S.; limiting the reservation of
46	funds within each notice of fund availability to the
47	persons with special needs tenant group; including persons
48	with special needs as a tenant group for specified
49	purposes of the State Apartment Incentive Loan Program;
50	revising and providing criteria to be used by a specified
51	review committee for the competitive ranking of
52	applications for such program; conforming a cross-
53	reference; amending ss. 163.31771, 212.08, 215.5586, and
54	420.503, F.S.; conforming cross-references; providing
55	legislative intent; prohibiting funds from the State
56	Housing Trust Fund or the Local Government Housing Trust
57	Fund that are appropriated for specified programs from
58	being used for certain purposes; providing for future
59	repeal; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Paragraphs (a) and (b) of subsection (1) and
64	subsection (7) of section 20.055, Florida Statutes, are amended
65	to read:
66	20.055  Agency inspectors general.-
67	(1)  For the purposes of this section:
68	(a)  "State agency" means each department created pursuant
69	to this chapter, and also includes the Executive Office of the
70	Governor, the Department of Military Affairs, the Fish and
71	Wildlife Conservation Commission, the Office of Insurance
72	Regulation of the Financial Services Commission, the Office of
73	Financial Regulation of the Financial Services Commission, the
74	Public Service Commission, the Board of Governors of the State
75	University System, the Florida Housing Finance Corporation, and
76	the state courts system.
77	(b)  "Agency head" means the Governor, a Cabinet officer, a
78	secretary as defined in s. 20.03(5), or an executive director as
79	defined in s. 20.03(6). It also includes the chair of the Public
80	Service Commission, the Director of the Office of Insurance
81	Regulation of the Financial Services Commission, the Director of
82	the Office of Financial Regulation of the Financial Services
83	Commission, the board of directors of the Florida Housing
84	Finance Corporation, and the Chief Justice of the State Supreme
85	Court.
86	(7)(a)  Except as provided in paragraph (b), each inspector
87	general shall, not later than September 30 of each year, prepare
88	an annual report summarizing the activities of the office during
89	the immediately preceding state fiscal year.
90	(b)  The inspector general of the Florida Housing Finance
91	Corporation shall, not later than 90 days after the end of each
92	fiscal year, prepare an annual report summarizing the activities
93	of the office of inspector general during the immediately
94	preceding fiscal year.
95	(c)  The final reports prepared pursuant to paragraphs (a)
96	and (b) report shall be furnished to the heads of the respective
97	agencies agency head. Such report shall include, but need not be
98	limited to:
99	1.(a)  A description of activities relating to the
100	development, assessment, and validation of performance measures.
101	2.(b)  A description of significant abuses and deficiencies
102	relating to the administration of programs and operations of the
103	agency disclosed by investigations, audits, reviews, or other
104	activities during the reporting period.
105	3.(c)  A description of the recommendations for corrective
106	action made by the inspector general during the reporting period
107	with respect to significant problems, abuses, or deficiencies
108	identified.
109	4.(d)  The identification of each significant
110	recommendation described in previous annual reports on which
111	corrective action has not been completed.
112	5.(e)  A summary of each audit and investigation completed
113	during the reporting period.
114	Section 2.  Subsection (11) is added to section 159.608,
115	Florida Statutes, to read:
116	159.608  Powers of housing finance authorities.-A housing
117	finance authority shall constitute a public body corporate and
118	politic, exercising the public and essential governmental
119	functions set forth in this act, and shall exercise its power to
120	borrow only for the purpose as provided herein:
121	(11)  To invest and reinvest surplus funds of the housing
122	finance authority in accordance with s. 218.415. However, in
123	addition to the investments expressly authorized in ss.
124	218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
125	may invest surplus funds in interest-bearing time deposits or
126	savings accounts that are fully insured by the Federal Deposit
127	Insurance Corporation regardless of whether the bank or
128	financial institution in which the deposit or investment is made
129	is a qualified public depository as defined in s. 280.02. This
130	subsection is supplementary to and may not be construed as
131	limiting any powers of a housing finance authority or providing
132	or implying a limiting construction of any other statutory
133	provision.
134	Section 3.  Paragraph (f) of subsection (6) of section
135	163.3177, Florida Statutes, is amended to read:
136	163.3177  Required and optional elements of comprehensive
137	plan; studies and surveys.-
138	(6)  In addition to the requirements of subsections (1)-(5)
139	and (12), the comprehensive plan shall include the following
140	elements:
141	(f)1.  A housing element consisting of standards, plans,
142	and principles to be followed in:
143	a.  The provision of housing for all current and
144	anticipated future residents of the jurisdiction.
145	b.  The elimination of substandard dwelling conditions.
146	c.  The structural and aesthetic improvement of existing
147	housing.
148	d.  The provision of adequate sites for future housing,
149	including affordable workforce housing as defined in s.
150	380.0651(3)(j), housing for low-income, very low-income, and
151	moderate-income families, mobile homes, affordable housing for
152	seniors in counties with a population of more than 20 percent of
153	persons 60 years of age or older and with a total population of
154	over 100,000 persons, and group home facilities and foster care
155	facilities, with supporting infrastructure and public
156	facilities. Real property that is conveyed to a local government
157	for affordable housing under this sub-subparagraph shall be
158	disposed of by the local government pursuant to s. 125.379 or s.
159	166.0451.
160	e.  Provision for relocation housing and identification of
161	historically significant and other housing for purposes of
162	conservation, rehabilitation, or replacement.
163	f.  The formulation of housing implementation programs.
164	g.  The creation or preservation of affordable housing to
165	minimize the need for additional local services and avoid the
166	concentration of affordable housing units only in specific areas
167	of the jurisdiction.
168	h.  Energy efficiency in the design and construction of new
169	housing.
170	i.  Use of renewable energy resources.
171	j.  Each county in which the gap between the buying power
172	of a family of four and the median county home sale price
173	exceeds $170,000, as determined by the Florida Housing Finance
174	Corporation, and which is not designated as an area of critical
175	state concern shall adopt a plan for ensuring affordable
176	workforce housing. At a minimum, the plan shall identify
177	adequate sites for such housing. For purposes of this sub-
178	subparagraph, the term "workforce housing" means housing that is
179	affordable to natural persons or families whose total household
180	income does not exceed 140 percent of the area median income,
181	adjusted for household size.
182	k.  As a precondition to receiving any state affordable
183	housing funding or allocation for any project or program within
184	the jurisdiction of a county that is subject to sub-subparagraph
185	j., a county must, by July 1 of each year, provide certification
186	that the county has complied with the requirements of sub-
187	subparagraph j.
188
189	The goals, objectives, and policies of the housing element must
190	be based on the data and analysis prepared on housing needs,
191	including the affordable housing needs assessment. State and
192	federal housing plans prepared on behalf of the local government
193	must be consistent with the goals, objectives, and policies of
194	the housing element. Local governments are encouraged to use job
195	training, job creation, and economic solutions to address a
196	portion of their affordable housing concerns.
197	2.  To assist local governments in housing data collection
198	and analysis and assure uniform and consistent information
199	regarding the state's housing needs, the state land planning
200	agency shall conduct an affordable housing needs assessment for
201	all local jurisdictions on a schedule that coordinates the
202	implementation of the needs assessment with the evaluation and
203	appraisal reports required by s. 163.3191. Each local government
204	shall utilize the data and analysis from the needs assessment as
205	one basis for the housing element of its local comprehensive
206	plan. The agency shall allow a local government the option to
207	perform its own needs assessment, if it uses the methodology
208	established by the agency by rule.
209	Section 4.  Subsections (9), (10), and (13) of section
210	201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
211	21, and 2009-68, Laws of Florida, are amended to read:
212	201.15  Distribution of taxes collected.-All taxes
213	collected under this chapter are subject to the service charge
214	imposed in s. 215.20(1). Prior to distribution under this
215	section, the Department of Revenue shall deduct amounts
216	necessary to pay the costs of the collection and enforcement of
217	the tax levied by this chapter. Such costs and the service
218	charge may not be levied against any portion of taxes pledged to
219	debt service on bonds to the extent that the costs and service
220	charge are required to pay any amounts relating to the bonds.
221	After distributions are made pursuant to subsection (1), all of
222	the costs of the collection and enforcement of the tax levied by
223	this chapter and the service charge shall be available and
224	transferred to the extent necessary to pay debt service and any
225	other amounts payable with respect to bonds authorized before
226	January 1, 2010, secured by revenues distributed pursuant to
227	subsection (1). All taxes remaining after deduction of costs and
228	the service charge shall be distributed as follows:
229	(9)  Seven and fifty-three hundredths The lesser of 7.53
230	percent of the remaining taxes or $107 million in each fiscal
231	year shall be paid into the State Treasury to the credit of the
232	State Housing Trust Fund and used as follows:
233	(a)  Half of that amount shall be used for the purposes for
234	which the State Housing Trust Fund was created and exists by
235	law.
236	(b)  Half of that amount shall be paid into the State
237	Treasury to the credit of the Local Government Housing Trust
238	Fund and used for the purposes for which the Local Government
239	Housing Trust Fund was created and exists by law.
240	(10)  Eight and sixty-six hundredths The lesser of 8.66
241	percent of the remaining taxes or $136 million in each fiscal
242	year shall be paid into the State Treasury to the credit of the
243	State Housing Trust Fund and used as follows:
244	(a)  Twelve and one-half percent of that amount shall be
245	deposited into the State Housing Trust Fund and be expended by
246	the Department of Community Affairs and by the Florida Housing
247	Finance Corporation for the purposes for which the State Housing
248	Trust Fund was created and exists by law.
249	(b)  Eighty-seven and one-half percent of that amount shall
250	be distributed to the Local Government Housing Trust Fund and
251	used for the purposes for which the Local Government Housing
252	Trust Fund was created and exists by law. Funds from this
253	category may also be used to provide for state and local
254	services to assist the homeless.
255	(13)  Beginning July 1, 2008, in each fiscal year that the
256	remaining taxes collected under this chapter exceed collections
257	in the prior fiscal year, the stated maximum dollar amounts
258	provided in subsections (2), (4), (6), and (7), (9), and (10)
259	shall each be increased by an amount equal to 10 percent of the
260	increase in the remaining taxes collected under this chapter
261	multiplied by the applicable percentage provided in those
262	subsections.
263	Section 5.  Section 8 of chapter 2009-131, Laws of Florida,
264	is repealed, retroactive to June 30, 2009.
265	Section 6.  Paragraph (c) of subsection (4) of section
266	420.0003, Florida Statutes, is amended to read:
267	420.0003  State housing strategy.-
268	(4)  IMPLEMENTATION.-The Department of Community Affairs
269	and the Florida Housing Finance Corporation in carrying out the
270	strategy articulated herein shall have the following duties:
271	(c)  The Shimberg Center for Affordable Housing, in
272	consultation with the Department of Community Affairs and the
273	Florida Housing Finance Corporation, shall review and evaluate
274	existing housing rehabilitation, production, and finance
275	programs to determine their consistency with relevant policies
276	in this section and identify the needs of specific populations,
277	including, but not limited to, elderly persons, and handicapped
278	persons, and persons with special needs, and shall recommend
279	statutory modifications where appropriate. The Shimberg Center
280	for Affordable Housing, in consultation with the Department of
281	Community Affairs and the corporation, shall also evaluate the
282	degree of coordination between state housing programs, and
283	between state, federal, and local housing activities, and shall
284	recommend improved program linkages. The recommendations
285	required above and a report of any programmatic modifications
286	made as a result of these policies shall be included in the
287	housing report required by s. 420.6075, beginning December 31,
288	1991, and every 5 years thereafter.
289	Section 7.  Section 420.0004, Florida Statutes, is amended
290	to read:
291	420.0004  Definitions.-As used in this part, unless the
292	context otherwise indicates:
293	(1)  "Adjusted for family size" means adjusted in a manner
294	which results in an income eligibility level which is lower for
295	households with fewer than four people, or higher for households
296	with more than four people, than the base income eligibility
297	determined as provided in subsection (9) (8), subsection (11)
298	(10), subsection (12) (11), or subsection (17) (15), based upon
299	a formula as established by the United States Department of
300	Housing and Urban Development.
301	(2)  "Adjusted gross income" means all wages, assets,
302	regular cash or noncash contributions or gifts from persons
303	outside the household, and such other resources and benefits as
304	may be determined to be income by the United States Department
305	of Housing and Urban Development, adjusted for family size, less
306	deductions allowable under s. 62 of the Internal Revenue Code.
307	(3)  "Affordable" means that monthly rents or monthly
308	mortgage payments including taxes, insurance, and utilities do
309	not exceed 30 percent of that amount which represents the
310	percentage of the median adjusted gross annual income for the
311	households as indicated in subsection (9) (8), subsection (11)
312	(10), subsection (12) (11), or subsection (17) (15).
313	(4)  "Corporation" means the Florida Housing Finance
314	Corporation.
315	(5)  "Community-based organization" or "nonprofit
316	organization" means a private corporation organized under
317	chapter 617 to assist in the provision of housing and related
318	services on a not-for-profit basis and which is acceptable to
319	federal and state agencies and financial institutions as a
320	sponsor of low-income housing.
321	(6)  "Department" means the Department of Community
322	Affairs.
323	(7)  "Disabling condition" means a diagnosable substance
324	abuse disorder, serious mental illness, developmental
325	disability, or chronic physical illness or disability, or the
326	co-occurrence of two or more of these conditions, and a
327	determination that the condition is:
328	(a)  Expected to be of long-continued and indefinite
329	duration; and
330	(b)  Not expected to impair the ability of the person with
331	special needs to live independently with appropriate supports.
332	(8)(7)  "Elderly" describes persons 62 years of age or
333	older.
334	(9)(8)  "Extremely-low-income persons" means one or more
335	natural persons or a family whose total annual household income
336	does not exceed 30 percent of the median annual adjusted gross
337	income for households within the state. The Florida Housing
338	Finance Corporation may adjust this amount annually by rule to
339	provide that in lower income counties, extremely low income may
340	exceed 30 percent of area median income and that in higher
341	income counties, extremely low income may be less than 30
342	percent of area median income.
343	(10)(9)  "Local public body" means any county,
344	municipality, or other political subdivision, or any housing
345	authority as provided by chapter 421, which is eligible to
346	sponsor or develop housing for farmworkers and very-low-income
347	and low-income persons within its jurisdiction.
348	(11)(10)  "Low-income persons" means one or more natural
349	persons or a family, the total annual adjusted gross household
350	income of which does not exceed 80 percent of the median annual
351	adjusted gross income for households within the state, or 80
352	percent of the median annual adjusted gross income for
353	households within the metropolitan statistical area (MSA) or, if
354	not within an MSA, within the county in which the person or
355	family resides, whichever is greater.
356	(12)(11)  "Moderate-income persons" means one or more
357	natural persons or a family, the total annual adjusted gross
358	household income of which is less than 120 percent of the median
359	annual adjusted gross income for households within the state, or
360	120 percent of the median annual adjusted gross income for
361	households within the metropolitan statistical area (MSA) or, if
362	not within an MSA, within the county in which the person or
363	family resides, whichever is greater.
364	(13)  "Person with special needs" means an adult person
365	requiring independent living services in order to maintain
366	housing or develop independent living skills and who has a
367	disabling condition; a young adult formerly in foster care who
368	is eligible for services under s. 409.1451(5); a survivor of
369	domestic violence as defined in s. 741.28; or a person receiving
370	benefits under the Social Security Disability Insurance (SSDI)
371	program or the Supplemental Security Income (SSI) program or
372	from veterans' disability benefits.
373	(14)(12)  "Student" means any person not living with his or
374	her parent or guardian who is eligible to be claimed by his or
375	her parent or guardian as a dependent under the federal income
376	tax code and who is enrolled on at least a half-time basis in a
377	secondary school, career center, community college, college, or
378	university.
379	(15)(13)  "Substandard" means:
380	(a)  Any unit lacking complete plumbing or sanitary
381	facilities for the exclusive use of the occupants;
382	(b)  A unit which is in violation of one or more major
383	sections of an applicable housing code and where such violation
384	poses a serious threat to the health of the occupant; or
385	(c)  A unit that has been declared unfit for human
386	habitation but that could be rehabilitated for less than 50
387	percent of the property value.
388	(16)(14)  "Substantial rehabilitation" means repair or
389	restoration of a dwelling unit where the value of such repair or
390	restoration exceeds 40 percent of the value of the dwelling.
391	(17)(15)  "Very-low-income persons" means one or more
392	natural persons or a family, not including students, the total
393	annual adjusted gross household income of which does not exceed
394	50 percent of the median annual adjusted gross income for
395	households within the state, or 50 percent of the median annual
396	adjusted gross income for households within the metropolitan
397	statistical area (MSA) or, if not within an MSA, within the
398	county in which the person or family resides, whichever is
399	greater.
400	Section 8.  Section 420.0006, Florida Statutes, is amended
401	to read:
402	420.0006  Authority to contract with corporation; contract
403	requirements; nonperformance.-The secretary of the department
404	shall contract, notwithstanding the provisions of part I of
405	chapter 287, with the Florida Housing Finance Corporation on a
406	multiyear basis to stimulate, provide, and foster affordable
407	housing in the state. The contract must incorporate the
408	performance measures required by s. 420.511 and must be
409	consistent with the provisions of the corporation's strategic
410	plan prepared in accordance with s. 420.511 and compatible with
411	s. 216.0166. The contract must provide that, in the event the
412	corporation fails to comply with any of the performance measures
413	required by s. 420.511, the secretary shall notify the Governor
414	and shall refer the nonperformance to the department's inspector
415	general for review and determination as to whether such failure
416	is due to forces beyond the corporation's control or whether
417	such failure is due to inadequate management of the
418	corporation's resources. Advances shall continue to be made
419	pursuant to s. 420.0005 during the pendency of the review by the
420	department's inspector general. If such failure is due to
421	outside forces, it shall not be deemed a violation of the
422	contract. If such failure is due to inadequate management, the
423	department's inspector general shall provide recommendations
424	regarding solutions. The Governor is authorized to resolve any
425	differences of opinion with respect to performance under the
426	contract and may request that advances continue in the event of
427	a failure under the contract due to inadequate management. The
428	Chief Financial Officer shall approve the request absent a
429	finding by the Chief Financial Officer that continuing such
430	advances would adversely impact the state; however, in any event
431	the Chief Financial Officer shall provide advances sufficient to
432	meet the debt service requirements of the corporation and
433	sufficient to fund contracts committing funds from the State
434	Housing Trust Fund so long as such contracts are in accordance
435	with the laws of this state. The department inspector general
436	shall perform for the corporation the functions set forth in s.
437	20.055 and report to the secretary of the department. The
438	corporation shall be deemed an agency for the purposes of s.
439	20.055.
440	Section 9.  Subsection (3) of section 420.504, Florida
441	Statutes, is amended to read:
442	420.504  Public corporation; creation, membership, terms,
443	expenses.-
444	(3)  The corporation is a separate budget entity and is not
445	subject to control, supervision, or direction by the Department
446	of Community Affairs in any manner, including, but not limited
447	to, personnel, purchasing, transactions involving real or
448	personal property, and budgetary matters. The corporation shall
449	consist of a board of directors composed of the Secretary of
450	Community Affairs as an ex officio and voting member, or a
451	senior-level agency employee designated by the secretary, and
452	eight members appointed by the Governor subject to confirmation
453	by the Senate from the following:
454	(a)  One citizen actively engaged in the residential home
455	building industry.
456	(b)  One citizen actively engaged in the banking or
457	mortgage banking industry.
458	(c)  One citizen who is a representative of those areas of
459	labor engaged in home building.
460	(d)  One citizen with experience in housing development who
461	is an advocate for low-income persons.
462	(e)  One citizen actively engaged in the commercial
463	building industry.
464	(f)  One citizen who is a former local government elected
465	official.
466	(g)  Two citizens of the state who are not principally
467	employed as members or representatives of any of the groups
468	specified in paragraphs (a)-(f).
469	Section 10.  Section 420.506, Florida Statutes, is amended
470	to read:
471	420.506  Executive director; agents and employees;
472	inspector general.-
473	(1)  The appointment and removal of an executive director
474	shall be by the Secretary of Community Affairs, with the advice
475	and consent of the corporation's board of directors. The
476	executive director shall employ legal and technical experts and
477	such other agents and employees, permanent and temporary, as the
478	corporation may require, and shall communicate with and provide
479	information to the Legislature with respect to the corporation's
480	activities. The board is authorized, notwithstanding the
481	provisions of s. 216.262, to develop and implement rules
482	regarding the employment of employees of the corporation and
483	service providers, including legal counsel. The board of
484	directors of the corporation is entitled to establish travel
485	procedures and guidelines for employees of the corporation. The
486	executive director's office and the corporation's files and
487	records must be located in Leon County.
488	(2)  The appointment and removal of an inspector general
489	shall be by the executive director, with the advice and consent
490	of the corporation's board of directors. The corporation's
491	inspector general shall perform for the corporation the
492	functions set forth in s. 20.055. The inspector general shall
493	administratively report to the executive director. The inspector
494	general shall meet the minimum qualifications as set forth s.
495	20.055(4). The corporation may establish additional
496	qualifications deemed necessary by the board of directors to
497	meet the unique needs of the corporation. The inspector general
498	shall be responsible for coordinating the responsibilities set
499	forth in s. 420.0006.
500	Section 11.  Paragraph (a) of subsection (22) and
501	subsections (33), (46), and (47) of section 420.507, Florida
502	Statutes, are amended to read:
503	420.507  Powers of the corporation.-The corporation shall
504	have all the powers necessary or convenient to carry out and
505	effectuate the purposes and provisions of this part, including
506	the following powers which are in addition to all other powers
507	granted by other provisions of this part:
508	(22)  To develop and administer the State Apartment
509	Incentive Loan Program. In developing and administering that
510	program, the corporation may:
511	(a)  Make first, second, and other subordinated mortgage
512	loans including variable or fixed rate loans subject to
513	contingent interest for all State Apartment Incentive Loans
514	provided in this chapter based upon available cash flow of the
515	projects. The corporation shall make loans exceeding 25 percent
516	of project cost only to nonprofit organizations and public
517	bodies that are able to secure grants, donations of land, or
518	contributions from other sources and to projects meeting the
519	criteria of subparagraph 1. Mortgage loans shall be made
520	available at the following rates of interest:
521	1.  Zero to 3 percent interest for sponsors of projects
522	that set aside at least 80 percent of their total units for
523	residents qualifying as farmworkers, commercial fishing workers,
524	or the homeless as defined in s. 420.621, or persons with
525	special needs as defined in s. 420.0004(13) over the life of the
526	loan.
527	2.  Zero to 3 percent interest based on the pro rata share
528	of units set aside for homeless residents or persons with
529	special needs if the total of such units is less than 80 percent
530	of the units in the borrower's project.
531	3.  One to 9 percent interest for sponsors of projects
532	targeted at populations other than farmworkers, commercial
533	fishing workers, or the homeless, or persons with special needs.
534	(33)  To receive federal funding in connection with the
535	corporation's programs directly from the Federal Government and
536	to receive federal funds for which no corresponding program has
537	been created in statute and establish selection criteria for
538	such funds by request for proposals or other competitive
539	solicitation.
540	(46)  To require, as a condition of financing a multifamily
541	rental project, that an agreement be recorded in the official
542	records of the county where the real property is located, which
543	requires that the project be used for housing defined as
544	affordable in s. 420.0004(3) by persons defined in s.
545	420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
546	agreement is a state land use regulation that limits the highest
547	and best use of the property within the meaning of s.
548	193.011(2).
549	(47)  To provide by rule, in connection with any
550	corporation competitive program, criteria establishing, where
551	all other competitive elements are equal, a preference for
552	developers and general contractors who demonstrate the highest
553	rate of Florida job creation in the development and construction
554	of affordable housing domiciled in this state and for developers
555	and general contractors, regardless of domicile, who have
556	substantial experience in developing or building affordable
557	housing through the corporation's programs.
558	(a)  In evaluating whether a developer or general
559	contractor is domiciled in this state, the corporation shall
560	consider whether the developer's or general contractor's
561	principal office is located in this state and whether a majority
562	of the developer's or general contractor's principals and
563	financial beneficiaries reside in Florida.
564	(b)  In evaluating whether a developer or general
565	contractor has substantial experience, the corporation shall
566	consider whether the developer or general contractor has
567	completed at least five developments using funds either provided
568	by or administered by the corporation.
569	Section 12.  Subsection (3) and paragraph (c) of subsection
570	(6) of section 420.5087, Florida Statutes, are amended to read:
571	420.5087  State Apartment Incentive Loan Program.-There is
572	hereby created the State Apartment Incentive Loan Program for
573	the purpose of providing first, second, or other subordinated
574	mortgage loans or loan guarantees to sponsors, including for-
575	profit, nonprofit, and public entities, to provide housing
576	affordable to very-low-income persons.
577	(3)  During the first 6 months of loan or loan guarantee
578	availability, program funds shall be reserved for use by
579	sponsors who provide the housing set-aside required in
580	subsection (2) for the tenant groups designated in this
581	subsection. The reservation of funds to each of these groups
582	shall be determined using the most recent statewide very-low-
583	income rental housing market study available at the time of
584	publication of each notice of fund availability required by
585	paragraph (6)(b). The reservation of funds within each notice of
586	fund availability to the tenant groups in paragraphs (a), (b),
587	and (e) (d) may not be less than 10 percent of the funds
588	available at that time. Any increase in funding required to
589	reach the 10-percent minimum must be taken from the tenant group
590	that has the largest reservation. The reservation of funds
591	within each notice of fund availability to the tenant group in
592	paragraph (c) may not be less than 5 percent of the funds
593	available at that time. The reservation of funds within each
594	notice of fund availability to the tenant group in paragraph (d)
595	may not be more than 10 percent of the funds available at that
596	time. The tenant groups are:
597	(a)  Commercial fishing workers and farmworkers;
598	(b)  Families;
599	(c)  Persons who are homeless;
600	(d)  Persons with special needs; and
601	(e)(d)  Elderly persons. Ten percent of the amount reserved
602	for the elderly shall be reserved to provide loans to sponsors
603	of housing for the elderly for the purpose of making building
604	preservation, health, or sanitation repairs or improvements
605	which are required by federal, state, or local regulation or
606	code, or lifesafety or security-related repairs or improvements
607	to such housing. Such a loan may not exceed $750,000 per housing
608	community for the elderly. In order to receive the loan, the
609	sponsor of the housing community must make a commitment to match
610	at least 5 percent of the loan amount to pay the cost of such
611	repair or improvement. The corporation shall establish the rate
612	of interest on the loan, which may not exceed 3 percent, and the
613	term of the loan, which may not exceed 15 years; however, if the
614	lien of the corporation's encumbrance is subordinate to the lien
615	of another mortgagee, then the term may be made coterminous with
616	the longest term of the superior lien. The term of the loan
617	shall be based on a credit analysis of the applicant. The
618	corporation may forgive indebtedness for a share of the loan
619	attributable to the units in a project reserved for extremely-
620	low-income elderly by nonprofit organizations, as defined in s.
621	420.0004(5), where the project has provided affordable housing
622	to the elderly for 15 years or more. The corporation shall
623	establish, by rule, the procedure and criteria for receiving,
624	evaluating, and competitively ranking all applications for loans
625	under this paragraph. A loan application must include evidence
626	of the first mortgagee's having reviewed and approved the
627	sponsor's intent to apply for a loan. A nonprofit organization
628	or sponsor may not use the proceeds of the loan to pay for
629	administrative costs, routine maintenance, or new construction.
630	(6)  On all state apartment incentive loans, except loans
631	made to housing communities for the elderly to provide for
632	lifesafety, building preservation, health, sanitation, or
633	security-related repairs or improvements, the following
634	provisions shall apply:
635	(c)  The corporation shall provide by rule for the
636	establishment of a review committee composed of the department
637	and corporation staff and shall establish by rule a scoring
638	system for evaluation and competitive ranking of applications
639	submitted in this program, including, but not limited to, the
640	following criteria:
641	1.  Tenant income and demographic targeting objectives of
642	the corporation.
643	2.  Targeting objectives of the corporation which will
644	ensure an equitable distribution of loans between rural and
645	urban areas.
646	3.  Sponsor's agreement to reserve the units for persons or
647	families who have incomes below 50 percent of the state or local
648	median income, whichever is higher, for a time period to exceed
649	the minimum required by federal law or the provisions of this
650	part.
651	4.  Sponsor's agreement to reserve more than:
652	a.  Twenty percent of the units in the project for persons
653	or families who have incomes that do not exceed 50 percent of
654	the state or local median income, whichever is higher; or
655	b.  Forty percent of the units in the project for persons
656	or families who have incomes that do not exceed 60 percent of
657	the state or local median income, whichever is higher, without
658	requiring a greater amount of the loans as provided in this
659	section.
660	5.  Provision for tenant counseling.
661	6.  Sponsor's agreement to accept rental assistance
662	certificates or vouchers as payment for rent.
663	7.  Projects requiring the least amount of a state
664	apartment incentive loan compared to overall project cost except
665	that the share of the loan attributable to units serving
666	extremely-low-income persons shall be excluded from this
667	requirement.
668	8.  Local government contributions and local government
669	comprehensive planning and activities that promote affordable
670	housing.
671	9.  Project feasibility.
672	10.  Economic viability of the project.
673	11.  Commitment of first mortgage financing.
674	12.  Sponsor's prior experience, including whether the
675	developer and general contractor have substantial experience, as
676	provided in s. 420.507(47).
677	13.  Sponsor's ability to proceed with construction.
678	14.  Projects that directly implement or assist welfare-to-
679	work transitioning.
680	15.  Projects that reserve units for extremely-low-income
681	persons.
682	16.  Projects that include green building principles,
683	storm-resistant construction, or other elements that reduce
684	long-term costs relating to maintenance, utilities, or
685	insurance.
686	17.  Job-creation rate Domicile of the developer and
687	general contractor, as provided in s. 420.507(47).
688	18.  Projects that reserve units for persons with special
689	needs, provided services for such persons are available to the
690	project.
691	Section 13.  Paragraphs (d), (e), (f), and (g) of
692	subsection (2) of section 163.31771, Florida Statutes, are
693	amended to read:
694	163.31771  Accessory dwelling units.-
695	(2)  As used in this section, the term:
696	(d)  "Low-income persons" has the same meaning as in s.
697	420.0004(11)(10).
698	(e)  "Moderate-income persons" has the same meaning as in
699	s. 420.0004(12)(11).
700	(f)  "Very-low-income persons" has the same meaning as in
701	s. 420.0004(17)(15).
702	(g)  "Extremely-low-income persons" has the same meaning as
703	in s. 420.0004(9)(8).
704	Section 14.  Paragraph (o) of subsection (5) of section
705	212.08, Florida Statutes, is amended to read:
706	212.08  Sales, rental, use, consumption, distribution, and
707	storage tax; specified exemptions.-The sale at retail, the
708	rental, the use, the consumption, the distribution, and the
709	storage to be used or consumed in this state of the following
710	are hereby specifically exempt from the tax imposed by this
711	chapter.
712	(5)  EXEMPTIONS; ACCOUNT OF USE.-
713	(o)  Building materials in redevelopment projects.-
714	1.  As used in this paragraph, the term:
715	a.  "Building materials" means tangible personal property
716	that becomes a component part of a housing project or a mixed-
717	use project.
718	b.  "Housing project" means the conversion of an existing
719	manufacturing or industrial building to housing units in an
720	urban high-crime area, enterprise zone, empowerment zone, Front
721	Porch Community, designated brownfield area, or urban infill
722	area and in which the developer agrees to set aside at least 20
723	percent of the housing units in the project for low-income and
724	moderate-income persons or the construction in a designated
725	brownfield area of affordable housing for persons described in
726	s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
727	159.603(7).
728	c.  "Mixed-use project" means the conversion of an existing
729	manufacturing or industrial building to mixed-use units that
730	include artists' studios, art and entertainment services, or
731	other compatible uses. A mixed-use project must be located in an
732	urban high-crime area, enterprise zone, empowerment zone, Front
733	Porch Community, designated brownfield area, or urban infill
734	area, and the developer must agree to set aside at least 20
735	percent of the square footage of the project for low-income and
736	moderate-income housing.
737	d.  "Substantially completed" has the same meaning as
738	provided in s. 192.042(1).
739	2.  Building materials used in the construction of a
740	housing project or mixed-use project are exempt from the tax
741	imposed by this chapter upon an affirmative showing to the
742	satisfaction of the department that the requirements of this
743	paragraph have been met. This exemption inures to the owner
744	through a refund of previously paid taxes. To receive this
745	refund, the owner must file an application under oath with the
746	department which includes:
747	a.  The name and address of the owner.
748	b.  The address and assessment roll parcel number of the
749	project for which a refund is sought.
750	c.  A copy of the building permit issued for the project.
751	d.  A certification by the local building code inspector
752	that the project is substantially completed.
753	e.  A sworn statement, under penalty of perjury, from the
754	general contractor licensed in this state with whom the owner
755	contracted to construct the project, which statement lists the
756	building materials used in the construction of the project and
757	the actual cost thereof, and the amount of sales tax paid on
758	these materials. If a general contractor was not used, the owner
759	shall provide this information in a sworn statement, under
760	penalty of perjury. Copies of invoices evidencing payment of
761	sales tax must be attached to the sworn statement.
762	3.  An application for a refund under this paragraph must
763	be submitted to the department within 6 months after the date
764	the project is deemed to be substantially completed by the local
765	building code inspector. Within 30 working days after receipt of
766	the application, the department shall determine if it meets the
767	requirements of this paragraph. A refund approved pursuant to
768	this paragraph shall be made within 30 days after formal
769	approval of the application by the department.
770	4.  The department shall establish by rule an application
771	form and criteria for establishing eligibility for exemption
772	under this paragraph.
773	5.  The exemption shall apply to purchases of materials on
774	or after July 1, 2000.
775	Section 15.  Paragraphs (a) and (g) of subsection (2) of
776	section 215.5586, Florida Statutes, are amended to read:
777	215.5586  My Safe Florida Home Program.-There is
778	established within the Department of Financial Services the My
779	Safe Florida Home Program. The department shall provide fiscal
780	accountability, contract management, and strategic leadership
781	for the program, consistent with this section. This section does
782	not create an entitlement for property owners or obligate the
783	state in any way to fund the inspection or retrofitting of
784	residential property in this state. Implementation of this
785	program is subject to annual legislative appropriations. It is
786	the intent of the Legislature that the My Safe Florida Home
787	Program provide trained and certified inspectors to perform
788	inspections for owners of site-built, single-family, residential
789	properties and grants to eligible applicants as funding allows.
790	The program shall develop and implement a comprehensive and
791	coordinated approach for hurricane damage mitigation that may
792	include the following:
793	(2)  MITIGATION GRANTS.-Financial grants shall be used to
794	encourage single-family, site-built, owner-occupied, residential
795	property owners to retrofit their properties to make them less
796	vulnerable to hurricane damage.
797	(a)  For a homeowner to be eligible for a grant, the
798	following criteria must be met:
799	1.  The homeowner must have been granted a homestead
800	exemption on the home under chapter 196.
801	2.  The home must be a dwelling with an insured value of
802	$300,000 or less. Homeowners who are low-income persons, as
803	defined in s. 420.0004(11)(10), are exempt from this
804	requirement.
805	3.  The home must have undergone an acceptable hurricane
806	mitigation inspection after May 1, 2007.
807	4.  The home must be located in the "wind-borne debris
808	region" as that term is defined in s. 1609.2, International
809	Building Code (2006), or as subsequently amended.
810	5.  The building permit application for initial
811	construction of the home must have been made before March 1,
812	2002.
813
814	An application for a grant must contain a signed or
815	electronically verified statement made under penalty of perjury
816	that the applicant has submitted only a single application and
817	must have attached documents demonstrating the applicant meets
818	the requirements of this paragraph.
819	(g)  Low-income homeowners, as defined in s.
820	420.0004(11)(10), who otherwise meet the requirements of
821	paragraphs (a), (c), (e), and (f) are eligible for a grant of up
822	to $5,000 and are not required to provide a matching amount to
823	receive the grant. Additionally, for low-income homeowners,
824	grant funding may be used for repair to existing structures
825	leading to any of the mitigation improvements provided in
826	paragraph (e), limited to 20 percent of the grant value. The
827	program may accept a certification directly from a low-income
828	homeowner that the homeowner meets the requirements of s.
829	420.0004(11)(10) if the homeowner provides such certification in
830	a signed or electronically verified statement made under penalty
831	of perjury.
832	Section 16.  Subsection (19) of section 420.503, Florida
833	Statutes, is amended to read:
834	420.503  Definitions.-As used in this part, the term:
835	(19)  "Housing for the elderly" means, for purposes of s.
836	420.5087(3)(e)(d), any nonprofit housing community that is
837	financed by a mortgage loan made or insured by the United States
838	Department of Housing and Urban Development under s. 202, s. 202
839	with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
840	National Housing Act, as amended, and that is subject to income
841	limitations established by the United States Department of
842	Housing and Urban Development, or any program funded by the
843	Rural Development Agency of the United States Department of
844	Agriculture and subject to income limitations established by the
845	United States Department of Agriculture. A project which
846	qualifies for an exemption under the Fair Housing Act as housing
847	for older persons as defined by s. 760.29(4) shall qualify as
848	housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
849	for purposes of any loans made pursuant to s. 420.508. In
850	addition, if the corporation adopts a qualified allocation plan
851	pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
852	other rules that prioritize projects targeting the elderly for
853	purposes of allocating tax credits pursuant to s. 420.5099 or
854	for purposes of the HOME program under s. 420.5089, a project
855	which qualifies for an exemption under the Fair Housing Act as
856	housing for older persons as defined by s. 760.29(4) shall
857	qualify as a project targeted for the elderly, if the project
858	satisfies the other requirements set forth in this part.
859	Section 17.  (1)  The Legislature finds that due to the
860	current economic conditions in the housing market there is a
861	critical need to rehabilitate or sell excess inventory of unsold
862	homes, including foreclosed homes and newly constructed homes,
863	as well as a critical need for the rehabilitation and
864	preservation of older, affordable apartments. The Legislature
865	further finds that there is a critical need to create housing-
866	related jobs and that these conditions require the targeting of
867	state and local housing trust fund moneys to assist in the sale
868	or rehabilitation of existing homes and the preservation and
869	rehabilitation of older rental apartments.
870	(2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
871	420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
872	(5)(b), Florida Statutes, funds from the State Housing Trust
873	Fund or the Local Government Housing Trust Fund that are
874	appropriated for use in the State Apartment Incentive Loan
875	Program, Florida Homeownership Assistance Program, Community
876	Workforce Housing Innovation Pilot Program, or the State Housing
877	Initiatives Partnership Program may not be used to:
878	(a)  Finance or otherwise assist the construction or
879	purchase of housing sold to eligible individuals, unless the
880	housing unit being sold had an initial certificate of occupancy
881	prior to December 31, 2009; or
882	(b)  Finance or otherwise assist in the construction or
883	purchase of rental housing, unless the development being
884	financed or assisted received its initial certificate of
885	occupancy prior to December 31, 1995.
886
887	Nothing in this section restricts the use of such funds to
888	assist with the purchase of newly constructed homes that were
889	completed prior to December 31, 2009, or the acquisition and
890	rehabilitation of apartments that received their initial
891	certificate of occupancy prior to December 31, 1995. The use of
892	such funds is subject to the restrictions of the program under
893	which the funding is made available.
894	(3)  This section expires July 1, 2011.
895	Section 18.  This act shall take effect July 1, 2010.

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