Florida Senate - 2011 SB 176
By Senator Bennett
21-00285A-11 2011176__
1 A bill to be entitled
2 An act relating to affordable housing; reenacting s.
3 159.807(4), F.S., relating to the state allocation
4 pool used to confirm private activity bonds;
5 reenacting s. 193.018, F.S., relating to lands that
6 are owned by a community land trust and used to
7 provide affordable housing; reenacting s. 196.196(5),
8 F.S., relating to a tax exemption provided to
9 organizations that provide low-income housing;
10 reenacting s. 196.1978, F.S., relating to a property
11 exemption for affordable housing owned by a nonprofit
12 entity; reenacting s. 212.055(2)(d), F.S., relating to
13 the use of a local government infrastructure surtax;
14 reenacting s. 163.3202(2), F.S., relating to
15 requirements for local land development regulations;
16 reenacting s. 420.503(25), F.S., relating to a
17 definition under the Florida Housing Finance
18 Corporation Act; reenacting s. 420.507(47), F.S.,
19 relating to powers of the corporation to select
20 developers and general contractors; reenacting s.
21 420.5087(6)(c) and (l), F.S., relating to the State
22 Apartment Incentive Loan Program; reenacting s.
23 420.622(5), F.S., relating to the State Office on
24 Homelessness; reenacting s. 420.628, F.S., relating to
25 affordable housing for children and young adults
26 leaving foster care; reenacting s. 420.9071(4), (8),
27 (16), (25), (29), and (30), F.S., relating to
28 definitions under the State Housing Initiatives
29 Partnership Act; reenacting s. 420.9072(6) and (7),
30 F.S., relating to the distribution of funds under the
31 State Housing Initiatives Partnership Program;
32 reenacting s. 420.9073(1), (2), (5), (6), and (7),
33 F.S., relating to distributions of local housing
34 funds; reenacting s. 420.9075(1), (3), (5), (8),
35 (10)(a) and (h), (13)(b), and (14), F.S., relating to
36 local housing assistance plans; reenacting s.
37 420.9076(2)(h), (5), (6), and (7)(a), F.S., relating
38 to the adoption of affordable housing incentive
39 strategies by the governing board of a county or
40 municipality; repealing s. 420.9078, F.S., relating to
41 the state administration of funds remaining in the
42 Local Government Housing Trust Fund; reenacting s.
43 420.9079, F.S., relating to the Local Government
44 Housing Trust Fund; reenacting s. 1001.43(12), F.S.,
45 relating to the use by school districts of certain
46 lands for affordable housing; providing for
47 retroactive operation of the act with respect to
48 provisions of law amended, created, or repealed by
49 chapter 2009-96, Laws of Florida; providing for an
50 exception under specified circumstances; providing an
51 effective date.
52
53 WHEREAS, the Florida Legislature enacted Senate Bill 360 in
54 2009 for important public policy purposes, and
55 WHEREAS, litigation has called into question the
56 constitutional validity of this important piece of legislation,
57 and
58 WHEREAS, the Legislature wishes to protect those who relied
59 on the changes made by Senate Bill 360 and to preserve the
60 Florida Statutes intact and cure any alleged constitutional
61 violation, NOW, THEREFORE,
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Subsection (4) of section 159.807, Florida
66 Statutes, is reenacted to read:
67 159.807 State allocation pool.—
68 (4)(a) The state allocation pool shall also be used to
69 provide written confirmations for private activity bonds that
70 are to be issued by state agencies, which bonds, notwithstanding
71 any other provisions of this part, shall receive priority in the
72 use of the pool available at the time the notice of intent to
73 issue such bonds is filed with the division.
74 (b) Notwithstanding the provisions of paragraph (a), on or
75 before November 15 of each year, the Florida Housing Finance
76 Corporation’s access to the state allocation pool is limited to
77 the amount of the corporation’s initial allocation under s.
78 159.804. Thereafter, the corporation may not receive more than
79 80 percent of the amount in the state allocation pool on
80 November 16 of each year, and may not receive more than 80
81 percent of any additional amounts that become available during
82 each year. The limitations of this paragraph do not apply to the
83 distribution of the unused allocation of the state volume
84 limitation to the Florida Housing Finance Corporation under s.
85 159.81(2)(b), (c), and (d).
86 Section 2. Section 193.018, Florida Statutes, is reenacted
87 to read:
88 193.018 Land owned by a community land trust used to
89 provide affordable housing; assessment; structural improvements,
90 condominium parcels, and cooperative parcels.—
91 (1) As used in this section, the term “community land
92 trust” means a nonprofit entity that is qualified as charitable
93 under s. 501(c)(3) of the Internal Revenue Code and has as one
94 of its purposes the acquisition of land to be held in perpetuity
95 for the primary purpose of providing affordable homeownership.
96 (2) A community land trust may convey structural
97 improvements, condominium parcels, or cooperative parcels, that
98 are located on specific parcels of land that are identified by a
99 legal description contained in and subject to a ground lease
100 having a term of at least 99 years, for the purpose of providing
101 affordable housing to natural persons or families who meet the
102 extremely-low-income, very-low-income, low-income, or moderate
103 income limits specified in s. 420.0004, or the income limits for
104 workforce housing, as defined in s. 420.5095(3). A community
105 land trust shall retain a preemptive option to purchase any
106 structural improvements, condominium parcels, or cooperative
107 parcels on the land at a price determined by a formula specified
108 in the ground lease which is designed to ensure that the
109 structural improvements, condominium parcels, or cooperative
110 parcels remain affordable.
111 (3) In arriving at just valuation under s. 193.011, a
112 structural improvement, condominium parcel, or cooperative
113 parcel providing affordable housing on land owned by a community
114 land trust, and the land owned by a community land trust that is
115 subject to a 99-year or longer ground lease, shall be assessed
116 using the following criteria:
117 (a) The amount a willing purchaser would pay a willing
118 seller for the land is limited to an amount commensurate with
119 the terms of the ground lease that restricts the use of the land
120 to the provision of affordable housing in perpetuity.
121 (b) The amount a willing purchaser would pay a willing
122 seller for resale-restricted improvements, condominium parcels,
123 or cooperative parcels is limited to the amount determined by
124 the formula in the ground lease.
125 (c) If the ground lease and all amendments and supplements
126 thereto, or a memorandum documenting how such lease and
127 amendments or supplements restrict the price at which the
128 improvements, condominium parcels, or cooperative parcels may be
129 sold, is recorded in the official public records of the county
130 in which the leased land is located, the recorded lease and any
131 amendments and supplements, or the recorded memorandum, shall be
132 deemed a land use regulation during the term of the lease as
133 amended or supplemented.
134 Section 3. Subsection (5) of section 196.196, Florida
135 Statutes, is reenacted to read:
136 196.196 Determining whether property is entitled to
137 charitable, religious, scientific, or literary exemption.—
138 (5)(a) Property owned by an exempt organization qualified
139 as charitable under s. 501(c)(3) of the Internal Revenue Code is
140 used for a charitable purpose if the organization has taken
141 affirmative steps to prepare the property to provide affordable
142 housing to persons or families that meet the extremely-low
143 income, very-low-income, low-income, or moderate-income limits,
144 as specified in s. 420.0004. The term “affirmative steps” means
145 environmental or land use permitting activities, creation of
146 architectural plans or schematic drawings, land clearing or site
147 preparation, construction or renovation activities, or other
148 similar activities that demonstrate a commitment of the property
149 to providing affordable housing.
150 (b)1. If property owned by an organization granted an
151 exemption under this subsection is transferred for a purpose
152 other than directly providing affordable homeownership or rental
153 housing to persons or families who meet the extremely-low
154 income, very-low-income, low-income, or moderate-income limits,
155 as specified in s. 420.0004, or is not in actual use to provide
156 such affordable housing within 5 years after the date the
157 organization is granted the exemption, the property appraiser
158 making such determination shall serve upon the organization that
159 illegally or improperly received the exemption a notice of
160 intent to record in the public records of the county a notice of
161 tax lien against any property owned by that organization in the
162 county, and such property shall be identified in the notice of
163 tax lien. The organization owning such property is subject to
164 the taxes otherwise due and owing as a result of the failure to
165 use the property to provide affordable housing plus 15 percent
166 interest per annum and a penalty of 50 percent of the taxes
167 owed.
168 2. Such lien, when filed, attaches to any property
169 identified in the notice of tax lien owned by the organization
170 that illegally or improperly received the exemption. If such
171 organization no longer owns property in the county but owns
172 property in any other county in the state, the property
173 appraiser shall record in each such other county a notice of tax
174 lien identifying the property owned by such organization in such
175 county which shall become a lien against the identified
176 property. Before any such lien may be filed, the organization so
177 notified must be given 30 days to pay the taxes, penalties, and
178 interest.
179 3. If an exemption is improperly granted as a result of a
180 clerical mistake or an omission by the property appraiser, the
181 organization improperly receiving the exemption shall not be
182 assessed a penalty or interest.
183 4. The 5-year limitation specified in this subsection may
184 be extended if the holder of the exemption continues to take
185 affirmative steps to develop the property for the purposes
186 specified in this subsection.
187 Section 4. Section 196.1978, Florida Statutes, is reenacted
188 to read:
189 196.1978 Affordable housing property exemption.—Property
190 used to provide affordable housing serving eligible persons as
191 defined by s. 159.603(7) and natural persons or families meeting
192 the extremely-low-income, very-low-income, low-income, or
193 moderate-income limits specified in s. 420.0004, which property
194 is owned entirely by a nonprofit entity that is a corporation
195 not for profit, qualified as charitable under s. 501(c)(3) of
196 the Internal Revenue Code and in compliance with Rev. Proc. 96
197 32, 1996-1 C.B. 717, or a Florida-based limited partnership, the
198 sole general partner of which is a corporation not for profit
199 which is qualified as charitable under s. 501(c)(3) of the
200 Internal Revenue Code and which complies with Rev. Proc. 96-32,
201 1996-1 C.B. 717, shall be considered property owned by an exempt
202 entity and used for a charitable purpose, and those portions of
203 the affordable housing property which provide housing to natural
204 persons or families classified as extremely low income, very low
205 income, low income, or moderate income under s. 420.0004 shall
206 be exempt from ad valorem taxation to the extent authorized in
207 s. 196.196. All property identified in this section shall comply
208 with the criteria for determination of exempt status to be
209 applied by property appraisers on an annual basis as defined in
210 s. 196.195. The Legislature intends that any property owned by a
211 limited liability company or limited partnership which is
212 disregarded as an entity for federal income tax purposes
213 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
214 treated as owned by its sole member or sole general partner.
215 Section 5. Paragraph (d) of subsection (2) of section
216 212.055, Florida Statutes, is reenacted to read:
217 212.055 Discretionary sales surtaxes; legislative intent;
218 authorization and use of proceeds.—It is the legislative intent
219 that any authorization for imposition of a discretionary sales
220 surtax shall be published in the Florida Statutes as a
221 subsection of this section, irrespective of the duration of the
222 levy. Each enactment shall specify the types of counties
223 authorized to levy; the rate or rates which may be imposed; the
224 maximum length of time the surtax may be imposed, if any; the
225 procedure which must be followed to secure voter approval, if
226 required; the purpose for which the proceeds may be expended;
227 and such other requirements as the Legislature may provide.
228 Taxable transactions and administrative procedures shall be as
229 provided in s. 212.054.
230 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
231 (d) The proceeds of the surtax authorized by this
232 subsection and any accrued interest shall be expended by the
233 school district, within the county and municipalities within the
234 county, or, in the case of a negotiated joint county agreement,
235 within another county, to finance, plan, and construct
236 infrastructure; to acquire land for public recreation,
237 conservation, or protection of natural resources; or to finance
238 the closure of county-owned or municipally owned solid waste
239 landfills that have been closed or are required to be closed by
240 order of the Department of Environmental Protection. Any use of
241 the proceeds or interest for purposes of landfill closure before
242 July 1, 1993, is ratified. The proceeds and any interest may not
243 be used for the operational expenses of infrastructure, except
244 that a county that has a population of fewer than 75,000 and
245 that is required to close a landfill may use the proceeds or
246 interest for long-term maintenance costs associated with
247 landfill closure. Counties, as defined in s. 125.011, and
248 charter counties may, in addition, use the proceeds or interest
249 to retire or service indebtedness incurred for bonds issued
250 before July 1, 1987, for infrastructure purposes, and for bonds
251 subsequently issued to refund such bonds. Any use of the
252 proceeds or interest for purposes of retiring or servicing
253 indebtedness incurred for refunding bonds before July 1, 1999,
254 is ratified.
255 1. For the purposes of this paragraph, the term
256 “infrastructure” means:
257 a. Any fixed capital expenditure or fixed capital outlay
258 associated with the construction, reconstruction, or improvement
259 of public facilities that have a life expectancy of 5 or more
260 years and any related land acquisition, land improvement,
261 design, and engineering costs.
262 b. A fire department vehicle, an emergency medical service
263 vehicle, a sheriff’s office vehicle, a police department
264 vehicle, or any other vehicle, and the equipment necessary to
265 outfit the vehicle for its official use or equipment that has a
266 life expectancy of at least 5 years.
267 c. Any expenditure for the construction, lease, or
268 maintenance of, or provision of utilities or security for,
269 facilities, as defined in s. 29.008.
270 d. Any fixed capital expenditure or fixed capital outlay
271 associated with the improvement of private facilities that have
272 a life expectancy of 5 or more years and that the owner agrees
273 to make available for use on a temporary basis as needed by a
274 local government as a public emergency shelter or a staging area
275 for emergency response equipment during an emergency officially
276 declared by the state or by the local government under s.
277 252.38. Such improvements are limited to those necessary to
278 comply with current standards for public emergency evacuation
279 shelters. The owner must enter into a written contract with the
280 local government providing the improvement funding to make the
281 private facility available to the public for purposes of
282 emergency shelter at no cost to the local government for a
283 minimum of 10 years after completion of the improvement, with
284 the provision that the obligation will transfer to any
285 subsequent owner until the end of the minimum period.
286 e. Any land acquisition expenditure for a residential
287 housing project in which at least 30 percent of the units are
288 affordable to individuals or families whose total annual
289 household income does not exceed 120 percent of the area median
290 income adjusted for household size, if the land is owned by a
291 local government or by a special district that enters into a
292 written agreement with the local government to provide such
293 housing. The local government or special district may enter into
294 a ground lease with a public or private person or entity for
295 nominal or other consideration for the construction of the
296 residential housing project on land acquired pursuant to this
297 sub-subparagraph.
298 2. Notwithstanding any other provision of this subsection,
299 a local government infrastructure surtax imposed or extended
300 after July 1, 1998, may allocate up to 15 percent of the surtax
301 proceeds for deposit in a trust fund within the county’s
302 accounts created for the purpose of funding economic development
303 projects having a general public purpose of improving local
304 economies, including the funding of operational costs and
305 incentives related to economic development. The ballot statement
306 must indicate the intention to make an allocation under the
307 authority of this subparagraph.
308 Section 6. Subsection (2) of section 163.3202, Florida
309 Statutes, is reenacted to read:
310 163.3202 Land development regulations.—
311 (2) Local land development regulations shall contain
312 specific and detailed provisions necessary or desirable to
313 implement the adopted comprehensive plan and shall at a minimum:
314 (a) Regulate the subdivision of land.
315 (b) Regulate the use of land and water for those land use
316 categories included in the land use element and ensure the
317 compatibility of adjacent uses and provide for open space.
318 (c) Provide for protection of potable water wellfields.
319 (d) Regulate areas subject to seasonal and periodic
320 flooding and provide for drainage and stormwater management.
321 (e) Ensure the protection of environmentally sensitive
322 lands designated in the comprehensive plan.
323 (f) Regulate signage.
324 (g) Provide that public facilities and services meet or
325 exceed the standards established in the capital improvements
326 element required by s. 163.3177 and are available when needed
327 for the development, or that development orders and permits are
328 conditioned on the availability of these public facilities and
329 services necessary to serve the proposed development. A local
330 government may not issue a development order or permit that
331 results in a reduction in the level of services for the affected
332 public facilities below the level of services provided in the
333 local government’s comprehensive plan.
334 (h) Ensure safe and convenient onsite traffic flow,
335 considering needed vehicle parking.
336 (i) Maintain the existing density of residential properties
337 or recreational vehicle parks if the properties are intended for
338 residential use and are located in the unincorporated areas that
339 have sufficient infrastructure, as determined by a local
340 governing authority, and are not located within a coastal high
341 hazard area under s. 163.3178.
342 Section 7. Subsection (25) of section 420.503, Florida
343 Statutes, is reenacted to read:
344 420.503 Definitions.—As used in this part, the term:
345 (25) “Moderate rehabilitation” means repair or restoration
346 of a dwelling unit when the value of such repair or restoration
347 is 40 percent or less of the value of the dwelling unit but not
348 less than $10,000.
349 Section 8. Subsection (47) of section 420.507, Florida
350 Statutes, is reenacted to read:
351 420.507 Powers of the corporation.—The corporation shall
352 have all the powers necessary or convenient to carry out and
353 effectuate the purposes and provisions of this part, including
354 the following powers which are in addition to all other powers
355 granted by other provisions of this part:
356 (47) To provide by rule in connection with any corporation
357 competitive program, criteria establishing a preference for
358 developers and general contractors domiciled in this state and
359 for developers and general contractors, regardless of domicile,
360 who have substantial experience in developing or building
361 affordable housing through the corporation’s programs.
362 (a) In evaluating whether a developer or general contractor
363 is domiciled in this state, the corporation shall consider
364 whether the developer’s or general contractor’s principal office
365 is located in this state and whether a majority of the
366 developer’s or general contractor’s principals and financial
367 beneficiaries reside in Florida.
368 (b) In evaluating whether a developer or general contractor
369 has substantial experience, the corporation shall consider
370 whether the developer or general contractor has completed at
371 least five developments using funds either provided by or
372 administered by the corporation.
373 Section 9. Paragraphs (c) and (l) of subsection (6) of
374 section 420.5087, Florida Statutes, are reenacted to read:
375 420.5087 State Apartment Incentive Loan Program.—There is
376 hereby created the State Apartment Incentive Loan Program for
377 the purpose of providing first, second, or other subordinated
378 mortgage loans or loan guarantees to sponsors, including for
379 profit, nonprofit, and public entities, to provide housing
380 affordable to very-low-income persons.
381 (6) On all state apartment incentive loans, except loans
382 made to housing communities for the elderly to provide for
383 lifesafety, building preservation, health, sanitation, or
384 security-related repairs or improvements, the following
385 provisions shall apply:
386 (c) The corporation shall provide by rule for the
387 establishment of a review committee composed of the department
388 and corporation staff and shall establish by rule a scoring
389 system for evaluation and competitive ranking of applications
390 submitted in this program, including, but not limited to, the
391 following criteria:
392 1. Tenant income and demographic targeting objectives of
393 the corporation.
394 2. Targeting objectives of the corporation which will
395 ensure an equitable distribution of loans between rural and
396 urban areas.
397 3. Sponsor’s agreement to reserve the units for persons or
398 families who have incomes below 50 percent of the state or local
399 median income, whichever is higher, for a time period to exceed
400 the minimum required by federal law or the provisions of this
401 part.
402 4. Sponsor’s agreement to reserve more than:
403 a. Twenty percent of the units in the project for persons
404 or families who have incomes that do not exceed 50 percent of
405 the state or local median income, whichever is higher; or
406 b. Forty percent of the units in the project for persons or
407 families who have incomes that do not exceed 60 percent of the
408 state or local median income, whichever is higher, without
409 requiring a greater amount of the loans as provided in this
410 section.
411 5. Provision for tenant counseling.
412 6. Sponsor’s agreement to accept rental assistance
413 certificates or vouchers as payment for rent.
414 7. Projects requiring the least amount of a state apartment
415 incentive loan compared to overall project cost except that the
416 share of the loan attributable to units serving extremely-low
417 income persons shall be excluded from this requirement.
418 8. Local government contributions and local government
419 comprehensive planning and activities that promote affordable
420 housing.
421 9. Project feasibility.
422 10. Economic viability of the project.
423 11. Commitment of first mortgage financing.
424 12. Sponsor’s prior experience, including whether the
425 developer and general contractor have substantial experience, as
426 provided in s. 420.507(47).
427 13. Sponsor’s ability to proceed with construction.
428 14. Projects that directly implement or assist welfare-to
429 work transitioning.
430 15. Projects that reserve units for extremely-low-income
431 persons.
432 16. Projects that include green building principles, storm
433 resistant construction, or other elements that reduce long-term
434 costs relating to maintenance, utilities, or insurance.
435 17. Domicile of the developer and general contractor, as
436 provided in s. 420.507(47).
437 (l) The proceeds of all loans shall be used for new
438 construction, moderate rehabilitation, or substantial
439 rehabilitation which creates or preserves affordable, safe, and
440 sanitary housing units.
441 Section 10. Subsection (5) of section 420.622, Florida
442 Statutes, is reenacted to read:
443 420.622 State Office on Homelessness; Council on
444 Homelessness.—
445 (5) The State Office on Homelessness, with the concurrence
446 of the Council on Homelessness, may administer moneys
447 appropriated to it to provide homeless housing assistance grants
448 annually to lead agencies for local homeless assistance
449 continuum of care, as recognized by the State Office on
450 Homelessness, to acquire, construct, or rehabilitate
451 transitional or permanent housing units for homeless persons.
452 These moneys shall consist of any sums that the state may
453 appropriate, as well as money received from donations, gifts,
454 bequests, or otherwise from any public or private source, which
455 are intended to acquire, construct, or rehabilitate transitional
456 or permanent housing units for homeless persons.
457 (a) Grant applicants shall be ranked competitively.
458 Preference must be given to applicants who leverage additional
459 private funds and public funds, particularly federal funds
460 designated for the acquisition, construction, or rehabilitation
461 of transitional or permanent housing for homeless persons; who
462 acquire, build, or rehabilitate the greatest number of units;
463 and who acquire, build, or rehabilitate in catchment areas
464 having the greatest need for housing for the homeless relative
465 to the population of the catchment area.
466 (b) Funding for any particular project may not exceed
467 $750,000.
468 (c) Projects must reserve, for a minimum of 10 years, the
469 number of units acquired, constructed, or rehabilitated through
470 homeless housing assistance grant funding to serve persons who
471 are homeless at the time they assume tenancy.
472 (d) No more than two grants may be awarded annually in any
473 given local homeless assistance continuum of care catchment
474 area.
475 (e) A project may not be funded which is not included in
476 the local homeless assistance continuum of care plan, as
477 recognized by the State Office on Homelessness, for the
478 catchment area in which the project is located.
479 (f) The maximum percentage of funds that the State Office
480 on Homelessness and each applicant may spend on administrative
481 costs is 5 percent.
482 Section 11. Section 420.628, Florida Statutes, is reenacted
483 to read:
484 420.628 Affordable housing for children and young adults
485 leaving foster care; legislative findings and intent.—
486 (1)(a) The Legislature finds that there are many young
487 adults who, through no fault of their own, live in foster
488 families, group homes, and institutions, and face numerous
489 barriers to a successful transition to adulthood. Young adults
490 who are leaving the child welfare system may enter adulthood
491 lacking the knowledge, skills, attitudes, habits, and
492 relationships that will enable them to become productive members
493 of society.
494 (b) The Legislature further finds that the main barriers to
495 safe and affordable housing for such young adults are cost, lack
496 of availability, the unwillingness of landlords to rent to such
497 youth due to perceived regulatory barriers, and a lack of
498 knowledge about how to be a good tenant. These barriers cause
499 young adults to be at risk of becoming homeless.
500 (c) The Legislature also finds that young adults who leave
501 the child welfare system are disproportionately represented in
502 the homeless population. Without the stability of safe and
503 affordable housing, all other services, training, and
504 opportunities provided to such young adults may not be
505 effective. Making affordable housing available will decrease the
506 chance of homelessness and may increase the ability of such
507 young adults to live independently.
508 (d) The Legislature intends that the Florida Housing
509 Finance Corporation, agencies within the State Housing
510 Initiative Partnership Program, local housing finance agencies,
511 public housing authorities, and their agents, and other
512 providers of affordable housing coordinate with the Department
513 of Children and Family Services, their agents, and community
514 based care providers who provide services under s. 409.1671 to
515 develop and implement strategies and procedures designed to make
516 affordable housing available whenever and wherever possible to
517 young adults who leave the child welfare system.
518 (2) Young adults who leave the child welfare system meet
519 the definition of eligible persons under ss. 420.503(17) and
520 420.9071(10) for affordable housing, and are encouraged to
521 participate in federal, state, and local affordable housing
522 programs. Students deemed to be eligible occupants under 26
523 U.S.C. s. 42(i)(3)(D) shall be considered eligible persons for
524 purposes of all projects funded under this chapter.
525 Section 12. Subsections (4), (8), (16), (25), (29), and
526 (30) of section 420.9071, Florida Statutes, are reenacted to
527 read:
528 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
529 term:
530 (4) “Annual gross income” means annual income as defined
531 under the Section 8 housing assistance payments programs in 24
532 C.F.R. part 5; annual income as reported under the census long
533 form for the recent available decennial census; or adjusted
534 gross income as defined for purposes of reporting under Internal
535 Revenue Service Form 1040 for individual federal annual income
536 tax purposes or as defined by standard practices used in the
537 lending industry as detailed in the local housing assistance
538 plan and approved by the corporation. Counties and eligible
539 municipalities shall calculate income by annualizing verified
540 sources of income for the household as the amount of income to
541 be received in a household during the 12 months following the
542 effective date of the determination.
543 (8) “Eligible housing” means any real and personal property
544 located within the county or the eligible municipality which is
545 designed and intended for the primary purpose of providing
546 decent, safe, and sanitary residential units that are designed
547 to meet the standards of the Florida Building Code or previous
548 building codes adopted under chapter 553, or manufactured
549 housing constructed after June 1994 and installed in accordance
550 with the installation standards for mobile or manufactured homes
551 contained in rules of the Department of Highway Safety and Motor
552 Vehicles, for home ownership or rental for eligible persons as
553 designated by each county or eligible municipality participating
554 in the State Housing Initiatives Partnership Program.
555 (16) “Local housing incentive strategies” means local
556 regulatory reform or incentive programs to encourage or
557 facilitate affordable housing production, which include at a
558 minimum, assurance that permits as defined in s. 163.3164(7) and
559 (8) for affordable housing projects are expedited to a greater
560 degree than other projects; an ongoing process for review of
561 local policies, ordinances, regulations, and plan provisions
562 that increase the cost of housing prior to their adoption; and a
563 schedule for implementing the incentive strategies. Local
564 housing incentive strategies may also include other regulatory
565 reforms, such as those enumerated in s. 420.9076 or those
566 recommended by the affordable housing advisory committee in its
567 triennial evaluation of the implementation of affordable housing
568 incentives, and adopted by the local governing body.
569 (25) “Recaptured funds” means funds that are recouped by a
570 county or eligible municipality in accordance with the recapture
571 provisions of its local housing assistance plan pursuant to s.
572 420.9075(5)(h) from eligible persons or eligible sponsors, which
573 funds were not used for assistance to an eligible household for
574 an eligible activity, when there is a default on the terms of a
575 grant award or loan award.
576 (29) “Assisted housing” or “assisted housing development”
577 means a rental housing development, including rental housing in
578 a mixed-use development, that received or currently receives
579 funding from any federal or state housing program.
580 (30) “Preservation” means actions taken to keep rents in
581 existing assisted housing affordable for extremely-low-income,
582 very-low-income, low-income, and moderate-income households
583 while ensuring that the property stays in good physical and
584 financial condition for an extended period.
585 Section 13. Subsections (6) and (7) of section 420.9072,
586 Florida Statutes, are reenacted to read:
587 420.9072 State Housing Initiatives Partnership Program.—The
588 State Housing Initiatives Partnership Program is created for the
589 purpose of providing funds to counties and eligible
590 municipalities as an incentive for the creation of local housing
591 partnerships, to expand production of and preserve affordable
592 housing, to further the housing element of the local government
593 comprehensive plan specific to affordable housing, and to
594 increase housing-related employment.
595 (6) The moneys that otherwise would be distributed pursuant
596 to s. 420.9073 to a local government that does not meet the
597 program’s requirements for receipts of such distributions shall
598 remain in the Local Government Housing Trust Fund to be
599 administered by the corporation.
600 (7) A county or an eligible municipality must expend its
601 portion of the local housing distribution only to implement a
602 local housing assistance plan or as provided in this subsection.
603 (a) A county or an eligible municipality may not expend its
604 portion of the local housing distribution to provide rent
605 subsidies; however, this does not prohibit the use of funds for
606 security and utility deposit assistance.
607 (b) A county or an eligible municipality may expend a
608 portion of the local housing distribution to provide a one-time
609 relocation grant to persons who meet the income requirements of
610 the State Housing Initiatives Partnership Program and who are
611 subject to eviction from rental property located in the county
612 or eligible municipality due to the foreclosure of the rental
613 property. In order to receive a grant under this paragraph, a
614 person must provide the county or eligible municipality with
615 proof of meeting the income requirements of a very-low-income
616 household, a low-income household, or a moderate-income
617 household; a notice of eviction; and proof that the rent has
618 been paid for at least 3 months before the date of eviction,
619 including the month that the notice of eviction was served.
620 Relocation assistance under this paragraph is limited to a one
621 time grant of not more than $5,000 and is not limited to persons
622 who are subject to eviction from projects funded under the State
623 Housing Initiatives Partnership Program. This paragraph expires
624 July 1, 2010.
625 Section 14. Subsections (1), (2), (5), (6), and (7) of
626 section 420.9073, Florida Statutes, are reenacted to read:
627 420.9073 Local housing distributions.—
628 (1) Distributions calculated in this section shall be
629 disbursed on a quarterly or more frequent basis by the
630 corporation pursuant to s. 420.9072, subject to availability of
631 funds. Each county’s share of the funds to be distributed from
632 the portion of the funds in the Local Government Housing Trust
633 Fund received pursuant to s. 201.15(9) shall be calculated by
634 the corporation for each fiscal year as follows:
635 (a) Each county other than a county that has implemented
636 the provisions of chapter 83-220, Laws of Florida, as amended by
637 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
638 receive the guaranteed amount for each fiscal year.
639 (b) Each county other than a county that has implemented
640 the provisions of chapter 83-220, Laws of Florida, as amended by
641 chapters 84-270, 86-152, and 89-252, Laws of Florida, may
642 receive an additional share calculated as follows:
643 1. Multiply each county’s percentage of the total state
644 population excluding the population of any county that has
645 implemented the provisions of chapter 83-220, Laws of Florida,
646 as amended by chapters 84-270, 86-152, and 89-252, Laws of
647 Florida, by the total funds to be distributed.
648 2. If the result in subparagraph 1. is less than the
649 guaranteed amount as determined in subsection (3), that county’s
650 additional share shall be zero.
651 3. For each county in which the result in subparagraph 1.
652 is greater than the guaranteed amount as determined in
653 subsection (3), the amount calculated in subparagraph 1. shall
654 be reduced by the guaranteed amount. The result for each such
655 county shall be expressed as a percentage of the amounts so
656 determined for all counties. Each such county shall receive an
657 additional share equal to such percentage multiplied by the
658 total funds received by the Local Government Housing Trust Fund
659 pursuant to s. 201.15(9) reduced by the guaranteed amount paid
660 to all counties.
661 (2) Distributions calculated in this section shall be
662 disbursed on a quarterly or more frequent basis by the
663 corporation pursuant to s. 420.9072, subject to availability of
664 funds. Each county’s share of the funds to be distributed from
665 the portion of the funds in the Local Government Housing Trust
666 Fund received pursuant to s. 201.15(10) shall be calculated by
667 the corporation for each fiscal year as follows:
668 (a) Each county shall receive the guaranteed amount for
669 each fiscal year.
670 (b) Each county may receive an additional share calculated
671 as follows:
672 1. Multiply each county’s percentage of the total state
673 population, by the total funds to be distributed.
674 2. If the result in subparagraph 1. is less than the
675 guaranteed amount as determined in subsection (3), that county’s
676 additional share shall be zero.
677 3. For each county in which the result in subparagraph 1.
678 is greater than the guaranteed amount, the amount calculated in
679 subparagraph 1. shall be reduced by the guaranteed amount. The
680 result for each such county shall be expressed as a percentage
681 of the amounts so determined for all counties. Each such county
682 shall receive an additional share equal to this percentage
683 multiplied by the total funds received by the Local Government
684 Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
685 guaranteed amount paid to all counties.
686 (5) Notwithstanding subsections (1)-(4), the corporation
687 may withhold up to $5 million of the total amount distributed
688 each fiscal year from the Local Government Housing Trust Fund to
689 provide additional funding to counties and eligible
690 municipalities where a state of emergency has been declared by
691 the Governor pursuant to chapter 252. Any portion of the
692 withheld funds not distributed by the end of the fiscal year
693 shall be distributed as provided in subsections (1) and (2).
694 (6) Notwithstanding subsections (1)-(4), the corporation
695 may withhold up to $5 million from the total amount distributed
696 each fiscal year from the Local Government Housing Trust Fund to
697 provide funding to counties and eligible municipalities to
698 purchase properties subject to a State Housing Initiative
699 Partnership Program lien and on which foreclosure proceedings
700 have been initiated by any mortgagee. Each county and eligible
701 municipality that receives funds under this subsection shall
702 repay such funds to the corporation not later than the
703 expenditure deadline for the fiscal year in which the funds were
704 awarded. Amounts not repaid shall be withheld from the
705 subsequent year’s distribution. Any portion of such funds not
706 distributed under this subsection by the end of the fiscal year
707 shall be distributed as provided in subsections (1) and (2).
708 (7) A county receiving local housing distributions under
709 this section or an eligible municipality that receives local
710 housing distributions under an interlocal agreement shall expend
711 those funds in accordance with the provisions of ss. 420.907
712 420.9079, rules of the corporation, and the county’s local
713 housing assistance plan.
714 Section 15. Subsections (1), (3), (5), and (8), paragraphs
715 (a) and (h) of subsection (10), paragraph (b) of subsection
716 (13), and subsection (14) of section 420.9075, Florida Statutes,
717 are reenacted to read:
718 420.9075 Local housing assistance plans; partnerships.—
719 (1)(a) Each county or eligible municipality participating
720 in the State Housing Initiatives Partnership Program shall
721 develop and implement a local housing assistance plan created to
722 make affordable residential units available to persons of very
723 low income, low income, or moderate income and to persons who
724 have special housing needs, including, but not limited to,
725 homeless people, the elderly, migrant farmworkers, and persons
726 with disabilities. Counties or eligible municipalities may
727 include strategies to assist persons and households having
728 annual incomes of not more than 140 percent of area median
729 income. The plans are intended to increase the availability of
730 affordable residential units by combining local resources and
731 cost-saving measures into a local housing partnership and using
732 private and public funds to reduce the cost of housing.
733 (b) Local housing assistance plans may allocate funds to:
734 1. Implement local housing assistance strategies for the
735 provision of affordable housing.
736 2. Supplement funds available to the corporation to provide
737 enhanced funding of state housing programs within the county or
738 the eligible municipality.
739 3. Provide the local matching share of federal affordable
740 housing grants or programs.
741 4. Fund emergency repairs, including, but not limited to,
742 repairs performed by existing service providers under
743 weatherization assistance programs under ss. 409.509-409.5093.
744 5. Further the housing element of the local government
745 comprehensive plan adopted pursuant to s. 163.3184, specific to
746 affordable housing.
747 (3)(a) Each local housing assistance plan shall include a
748 definition of essential service personnel for the county or
749 eligible municipality, including, but not limited to, teachers
750 and educators, other school district, community college, and
751 university employees, police and fire personnel, health care
752 personnel, skilled building trades personnel, and other job
753 categories.
754 (b) Each county and each eligible municipality is
755 encouraged to develop a strategy within its local housing
756 assistance plan that emphasizes the recruitment and retention of
757 essential service personnel. The local government is encouraged
758 to involve public and private sector employers. Compliance with
759 the eligibility criteria established under this strategy shall
760 be verified by the county or eligible municipality.
761 (c) Each county and each eligible municipality is
762 encouraged to develop a strategy within its local housing
763 assistance plan that addresses the needs of persons who are
764 deprived of affordable housing due to the closure of a mobile
765 home park or the conversion of affordable rental units to
766 condominiums.
767 (d) Each county and each eligible municipality shall
768 describe initiatives in the local housing assistance plan to
769 encourage or require innovative design, green building
770 principles, storm-resistant construction, or other elements that
771 reduce long-term costs relating to maintenance, utilities, or
772 insurance.
773 (e) Each county and each eligible municipality is
774 encouraged to develop a strategy within its local housing
775 assistance plan which provides program funds for the
776 preservation of assisted housing.
777 (5) The following criteria apply to awards made to eligible
778 sponsors or eligible persons for the purpose of providing
779 eligible housing:
780 (a) At least 65 percent of the funds made available in each
781 county and eligible municipality from the local housing
782 distribution must be reserved for home ownership for eligible
783 persons.
784 (b) At least 75 percent of the funds made available in each
785 county and eligible municipality from the local housing
786 distribution must be reserved for construction, rehabilitation,
787 or emergency repair of affordable, eligible housing.
788 (c) Not more than 20 percent of the funds made available in
789 each county and eligible municipality from the local housing
790 distribution may be used for manufactured housing.
791 (d) The sales price or value of new or existing eligible
792 housing may not exceed 90 percent of the average area purchase
793 price in the statistical area in which the eligible housing is
794 located. Such average area purchase price may be that calculated
795 for any 12-month period beginning not earlier than the fourth
796 calendar year prior to the year in which the award occurs or as
797 otherwise established by the United States Department of the
798 Treasury.
799 (e)1. All units constructed, rehabilitated, or otherwise
800 assisted with the funds provided from the local housing
801 assistance trust fund must be occupied by very-low-income
802 persons, low-income persons, and moderate-income persons except
803 as otherwise provided in this section.
804 2. At least 30 percent of the funds deposited into the
805 local housing assistance trust fund must be reserved for awards
806 to very-low-income persons or eligible sponsors who will serve
807 very-low-income persons and at least an additional 30 percent of
808 the funds deposited into the local housing assistance trust fund
809 must be reserved for awards to low-income persons or eligible
810 sponsors who will serve low-income persons. This subparagraph
811 does not apply to a county or an eligible municipality that
812 includes, or has included within the previous 5 years, an area
813 of critical state concern designated or ratified by the
814 Legislature for which the Legislature has declared its intent to
815 provide affordable housing. The exemption created by this act
816 expires on July 1, 2013, and shall apply retroactively.
817 (f) Loans shall be provided for periods not exceeding 30
818 years, except for deferred payment loans or loans that extend
819 beyond 30 years which continue to serve eligible persons.
820 (g) Loans or grants for eligible rental housing
821 constructed, rehabilitated, or otherwise assisted from the local
822 housing assistance trust fund must be subject to recapture
823 requirements as provided by the county or eligible municipality
824 in its local housing assistance plan unless reserved for
825 eligible persons for 15 years or the term of the assistance,
826 whichever period is longer. Eligible sponsors that offer rental
827 housing for sale before 15 years or that have remaining
828 mortgages funded under this program must give a first right of
829 refusal to eligible nonprofit organizations for purchase at the
830 current market value for continued occupancy by eligible
831 persons.
832 (h) Loans or grants for eligible owner-occupied housing
833 constructed, rehabilitated, or otherwise assisted from proceeds
834 provided from the local housing assistance trust fund shall be
835 subject to recapture requirements as provided by the county or
836 eligible municipality in its local housing assistance plan.
837 (i) The total amount of monthly mortgage payments or the
838 amount of monthly rent charged by the eligible sponsor or her or
839 his designee must be made affordable.
840 (j) The maximum sales price or value per unit and the
841 maximum award per unit for eligible housing benefiting from
842 awards made pursuant to this section must be established in the
843 local housing assistance plan.
844 (k) The benefit of assistance provided through the State
845 Housing Initiatives Partnership Program must accrue to eligible
846 persons occupying eligible housing. This provision shall not be
847 construed to prohibit use of the local housing distribution
848 funds for a mixed income rental development.
849 (l) Funds from the local housing distribution not used to
850 meet the criteria established in paragraph (a) or paragraph (b)
851 or not used for the administration of a local housing assistance
852 plan must be used for housing production and finance activities,
853 including, but not limited to, financing preconstruction
854 activities or the purchase of existing units, providing rental
855 housing, and providing home ownership training to prospective
856 home buyers and owners of homes assisted through the local
857 housing assistance plan.
858 1. Notwithstanding the provisions of paragraphs (a) and
859 (b), program income as defined in s. 420.9071(24) may also be
860 used to fund activities described in this paragraph.
861 2. When preconstruction due-diligence activities conducted
862 as part of a preservation strategy show that preservation of the
863 units is not feasible and will not result in the production of
864 an eligible unit, such costs shall be deemed a program expense
865 rather than an administrative expense if such program expenses
866 do not exceed 3 percent of the annual local housing
867 distribution.
868 3. If both an award under the local housing assistance plan
869 and federal low-income housing tax credits are used to assist a
870 project and there is a conflict between the criteria prescribed
871 in this subsection and the requirements of s. 42 of the Internal
872 Revenue Code of 1986, as amended, the county or eligible
873 municipality may resolve the conflict by giving precedence to
874 the requirements of s. 42 of the Internal Revenue Code of 1986,
875 as amended, in lieu of following the criteria prescribed in this
876 subsection with the exception of paragraphs (a) and (e) of this
877 subsection.
878 4. Each county and each eligible municipality may award
879 funds as a grant for construction, rehabilitation, or repair as
880 part of disaster recovery or emergency repairs or to remedy
881 accessibility or health and safety deficiencies. Any other
882 grants must be approved as part of the local housing assistance
883 plan.
884 (8) Pursuant to s. 420.531, the corporation shall provide
885 training and technical assistance to local governments regarding
886 the creation of partnerships, the design of local housing
887 assistance strategies, the implementation of local housing
888 incentive strategies, and the provision of support services.
889 (10) Each county or eligible municipality shall submit to
890 the corporation by September 15 of each year a report of its
891 affordable housing programs and accomplishments through June 30
892 immediately preceding submittal of the report. The report shall
893 be certified as accurate and complete by the local government’s
894 chief elected official or his or her designee. Transmittal of
895 the annual report by a county’s or eligible municipality’s chief
896 elected official, or his or her designee, certifies that the
897 local housing incentive strategies, or, if applicable, the local
898 housing incentive plan, have been implemented or are in the
899 process of being implemented pursuant to the adopted schedule
900 for implementation. The report must include, but is not limited
901 to:
902 (a) The number of households served by income category,
903 age, family size, and race, and data regarding any special needs
904 populations such as farmworkers, homeless persons, persons with
905 disabilities, and the elderly. Counties shall report this
906 information separately for households served in the
907 unincorporated area and each municipality within the county.
908 (h) Such other data or affordable housing accomplishments
909 considered significant by the reporting county or eligible
910 municipality or by the corporation.
911 (13)
912 (b) If, as a result of its review of the annual report, the
913 corporation determines that a county or eligible municipality
914 has failed to implement a local housing incentive strategy, or,
915 if applicable, a local housing incentive plan, it shall send a
916 notice of termination of the local government’s share of the
917 local housing distribution by certified mail to the affected
918 county or eligible municipality.
919 1. The notice must specify a date of termination of the
920 funding if the affected county or eligible municipality does not
921 implement the plan or strategy and provide for a local response.
922 A county or eligible municipality shall respond to the
923 corporation within 30 days after receipt of the notice of
924 termination.
925 2. The corporation shall consider the local response that
926 extenuating circumstances precluded implementation and grant an
927 extension to the timeframe for implementation. Such an extension
928 shall be made in the form of an extension agreement that
929 provides a timeframe for implementation. The chief elected
930 official of a county or eligible municipality or his or her
931 designee shall have the authority to enter into the agreement on
932 behalf of the local government.
933 3. If the county or the eligible municipality has not
934 implemented the incentive strategy or entered into an extension
935 agreement by the termination date specified in the notice, the
936 local housing distribution share terminates, and any uncommitted
937 local housing distribution funds held by the affected county or
938 eligible municipality in its local housing assistance trust fund
939 shall be transferred to the Local Government Housing Trust Fund
940 to the credit of the corporation to administer.
941 4.a. If the affected local government fails to meet the
942 timeframes specified in the agreement, the corporation shall
943 terminate funds. The corporation shall send a notice of
944 termination of the local government’s share of the local housing
945 distribution by certified mail to the affected local government.
946 The notice shall specify the termination date, and any
947 uncommitted funds held by the affected local government shall be
948 transferred to the Local Government Housing Trust Fund to the
949 credit of the corporation to administer.
950 b. If the corporation terminates funds to a county, but an
951 eligible municipality receiving a local housing distribution
952 pursuant to an interlocal agreement maintains compliance with
953 program requirements, the corporation shall thereafter
954 distribute directly to the participating eligible municipality
955 its share calculated in the manner provided in s. 420.9072.
956 c. Any county or eligible municipality whose local
957 distribution share has been terminated may subsequently elect to
958 receive directly its local distribution share by adopting the
959 ordinance, resolution, and local housing assistance plan in the
960 manner and according to the procedures provided in ss. 420.907
961 420.9079.
962 (14) If the corporation determines that a county or
963 eligible municipality has expended program funds for an
964 ineligible activity, the corporation shall require such funds to
965 be repaid to the local housing assistance trust fund. Such
966 repayment may not be made with funds from the State Housing
967 Initiatives Partnership Program.
968 Section 16. Paragraph (h) of subsection (2), subsections
969 (5) and (6), and paragraph (a) of subsection (7) of section
970 420.9076, Florida Statutes, are reenacted to read:
971 420.9076 Adoption of affordable housing incentive
972 strategies; committees.—
973 (2) The governing board of a county or municipality shall
974 appoint the members of the affordable housing advisory committee
975 by resolution. Pursuant to the terms of any interlocal
976 agreement, a county and municipality may create and jointly
977 appoint an advisory committee to prepare a joint plan. The
978 ordinance adopted pursuant to s. 420.9072 which creates the
979 advisory committee or the resolution appointing the advisory
980 committee members must provide for 11 committee members and
981 their terms. The committee must include:
982 (h) One citizen who actively serves on the local planning
983 agency pursuant to s. 163.3174. If the local planning agency is
984 comprised of the governing board of the county or municipality,
985 the governing board may appoint a designee who is knowledgeable
986 in the local planning process.
987
988 If a county or eligible municipality whether due to its small
989 size, the presence of a conflict of interest by prospective
990 appointees, or other reasonable factor, is unable to appoint a
991 citizen actively engaged in these activities in connection with
992 affordable housing, a citizen engaged in the activity without
993 regard to affordable housing may be appointed. Local governments
994 that receive the minimum allocation under the State Housing
995 Initiatives Partnership Program may elect to appoint an
996 affordable housing advisory committee with fewer than 11
997 representatives if they are unable to find representatives who
998 meet the criteria of paragraphs (a)-(k).
999 (5) The approval by the advisory committee of its local
1000 housing incentive strategies recommendations and its review of
1001 local government implementation of previously recommended
1002 strategies must be made by affirmative vote of a majority of the
1003 membership of the advisory committee taken at a public hearing.
1004 Notice of the time, date, and place of the public hearing of the
1005 advisory committee to adopt its evaluation and final local
1006 housing incentive strategies recommendations must be published
1007 in a newspaper of general paid circulation in the county. The
1008 notice must contain a short and concise summary of the
1009 evaluation and local housing incentives strategies
1010 recommendations to be considered by the advisory committee. The
1011 notice must state the public place where a copy of the
1012 evaluation and tentative advisory committee recommendations can
1013 be obtained by interested persons. The final report, evaluation,
1014 and recommendations shall be submitted to the corporation.
1015 (6) Within 90 days after the date of receipt of the
1016 evaluation and local housing incentive strategies
1017 recommendations from the advisory committee, the governing body
1018 of the appointing local government shall adopt an amendment to
1019 its local housing assistance plan to incorporate the local
1020 housing incentive strategies it will implement within its
1021 jurisdiction. The amendment must include, at a minimum, the
1022 local housing incentive strategies required under s.
1023 420.9071(16). The local government must consider the strategies
1024 specified in paragraphs (4)(a)-(k) as recommended by the
1025 advisory committee.
1026 (7) The governing board of the county or the eligible
1027 municipality shall notify the corporation by certified mail of
1028 its adoption of an amendment of its local housing assistance
1029 plan to incorporate local housing incentive strategies. The
1030 notice must include a copy of the approved amended plan.
1031 (a) If the corporation fails to receive timely the approved
1032 amended local housing assistance plan to incorporate local
1033 housing incentive strategies, a notice of termination of its
1034 share of the local housing distribution shall be sent by
1035 certified mail by the corporation to the affected county or
1036 eligible municipality. The notice of termination must specify a
1037 date of termination of the funding if the affected county or
1038 eligible municipality has not adopted an amended local housing
1039 assistance plan to incorporate local housing incentive
1040 strategies. If the county or the eligible municipality has not
1041 adopted an amended local housing assistance plan to incorporate
1042 local housing incentive strategies by the termination date
1043 specified in the notice of termination, the local distribution
1044 share terminates; and any uncommitted local distribution funds
1045 held by the affected county or eligible municipality in its
1046 local housing assistance trust fund shall be transferred to the
1047 Local Government Housing Trust Fund to the credit of the
1048 corporation to administer the local government housing program.
1049 Section 17. Section 420.9078, Florida Statutes, is
1050 repealed.
1051 Section 18. Section 420.9079, Florida Statutes, is
1052 reenacted to read:
1053 420.9079 Local Government Housing Trust Fund.—
1054 (1) There is created in the State Treasury the Local
1055 Government Housing Trust Fund, which shall be administered by
1056 the corporation on behalf of the department according to the
1057 provisions of ss. 420.907-420.9076 and this section. There shall
1058 be deposited into the fund a portion of the documentary stamp
1059 tax revenues as provided in s. 201.15, moneys received from any
1060 other source for the purposes of ss. 420.907-420.9076 and this
1061 section, and all proceeds derived from the investment of such
1062 moneys. Moneys in the fund that are not currently needed for the
1063 purposes of the programs administered pursuant to ss. 420.907
1064 420.9076 and this section shall be deposited to the credit of
1065 the fund and may be invested as provided by law. The interest
1066 received on any such investment shall be credited to the fund.
1067 (2) The corporation shall administer the fund exclusively
1068 for the purpose of implementing the programs described in ss.
1069 420.907-420.9076 and this section. With the exception of
1070 monitoring the activities of counties and eligible
1071 municipalities to determine local compliance with program
1072 requirements, the corporation shall not receive appropriations
1073 from the fund for administrative or personnel costs. For the
1074 purpose of implementing the compliance monitoring provisions of
1075 s. 420.9075(9), the corporation may request a maximum of one
1076 quarter of 1 percent of the annual appropriation per state
1077 fiscal year. When such funding is appropriated, the corporation
1078 shall deduct the amount appropriated prior to calculating the
1079 local housing distribution pursuant to ss. 420.9072 and
1080 420.9073.
1081 Section 19. Subsection (12) of section 1001.43, Florida
1082 Statutes, is reenacted to read:
1083 1001.43 Supplemental powers and duties of district school
1084 board.—The district school board may exercise the following
1085 supplemental powers and duties as authorized by this code or
1086 State Board of Education rule.
1087 (12) AFFORDABLE HOUSING.—A district school board may use
1088 portions of school sites purchased within the guidelines of the
1089 State Requirements for Educational Facilities, land deemed not
1090 usable for educational purposes because of location or other
1091 factors, or land declared as surplus by the board to provide
1092 sites for affordable housing for teachers and other district
1093 personnel and, in areas of critical state concern, for other
1094 essential services personnel as defined by local affordable
1095 housing eligibility requirements, independently or in
1096 conjunction with other agencies as described in subsection (5).
1097 Section 20. This act shall take effect upon becoming a law,
1098 and those portions of this act which were amended, created, or
1099 repealed by chapter 2009-96, Laws of Florida, shall operate
1100 retroactively to June 1, 2009. If such retroactive application
1101 is held by a court of last resort to be unconstitutional, this
1102 act shall apply prospectively from the date that this act
1103 becomes a law.