Florida Senate - 2012                             CS for SB 1182
       
       
       
       By the Committee on Community Affairs; and Senator Norman
       
       
       
       
       578-02604-12                                          20121182c1
    1                        A bill to be entitled                      
    2         An act relating to public housing; amending s. 83.56,
    3         F.S.; revising provisions for terminating a rental
    4         agreement that involves rent subsidies received from a
    5         local, state, or national government; amending s.
    6         421.02, F.S.; revising a declaration of necessity;
    7         providing that access to essential commercial goods
    8         and services for persons of low income served by
    9         housing authorities is a public use; amending s.
   10         421.03, F.S.; reordering and revising definitions
   11         applicable to the Housing Authorities Law; revising
   12         the definition of the term “housing project”; defining
   13         the term “essential commercial goods and services”;
   14         amending s. 421.08, F.S.; prohibiting the use of
   15         eminent domain for certain purposes; expanding certain
   16         powers of housing authorities to include certain
   17         commercial projects providing essential goods and
   18         services; providing for the use of revenues received
   19         from such projects; amending s. 421.09, F.S.;
   20         conforming a cross-reference; reenacting and amending
   21         s. 421.21, F.S., relating to tax exemptions applicable
   22         to housing authorities created pursuant to certain
   23         federal programs; amending s. 421.32, F.S.; conforming
   24         a cross-reference; amending s. 422.02, F.S.; revising
   25         a declaration of necessity; providing that there
   26         exists a shortage of access to essential commercial
   27         goods and services necessary for daily living for
   28         persons of low income; amending s. 422.04, F.S.;
   29         expanding certain powers of state public bodies to
   30         include certain commercial projects providing
   31         essential goods and services; amending s. 423.01,
   32         F.S.; revising and providing findings and declarations
   33         of property of tax exemption for housing authorities
   34         relating to access to essential commercial goods and
   35         services necessary for daily living for persons of low
   36         income; amending s. 423.02, F.S.; exempting certain
   37         commercial projects that allow access to essential
   38         goods and services for persons of low income residing
   39         in such housing projects from certain taxes and
   40         special assessments; providing organizational and
   41         editorial changes for purposes of clarifying various
   42         provisions; amending s. 420.507, F.S.; authorizing
   43         Florida Housing Finance Corporation to set aside a
   44         portion of its federal and state funding to fund
   45         housing for economic development initiatives,
   46         veterans’ housing, and housing for other special needs
   47         populations; authorizing the use of competitive
   48         requests for proposal to fund projects; providing an
   49         effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (5) of section 83.56, Florida
   54  Statutes, is amended to read:
   55         83.56 Termination of rental agreement.—
   56         (5) If the landlord accepts rent with actual knowledge of a
   57  noncompliance by the tenant or accepts performance by the tenant
   58  of any other provision of the rental agreement that is at
   59  variance with its provisions, or if the tenant pays rent with
   60  actual knowledge of a noncompliance by the landlord or accepts
   61  performance by the landlord of any other provision of the rental
   62  agreement that is at variance with its provisions, the landlord
   63  or tenant waives his or her right to terminate the rental
   64  agreement or to bring a civil action for that noncompliance, but
   65  not for any subsequent or continuing noncompliance. Any tenant
   66  who wishes to defend against an action by the landlord for
   67  possession of the unit for noncompliance of the rental agreement
   68  or of relevant statutes shall comply with the provisions in s.
   69  83.60(2). The court may not set a date for mediation or trial
   70  unless the provisions of s. 83.60(2) have been met, but shall
   71  enter a default judgment for removal of the tenant with a writ
   72  of possession to issue immediately if the tenant fails to comply
   73  with s. 83.60(2). This subsection does not apply to that portion
   74  of rent subsidies received from a local, state, or national
   75  government or an agency of local, state, or national government;
   76  however, waiver will occur if an action has not been instituted
   77  within 90 45 days after the landlord has actual knowledge of the
   78  noncompliance.
   79         Section 2. Section 421.02, Florida Statutes, is amended to
   80  read:
   81         421.02 Finding and declaration of necessity.—It is hereby
   82  declared that:
   83         (1) There exist in the state insanitary or unsafe dwelling
   84  accommodations and that persons of low income are forced to
   85  reside in such insanitary or unsafe accommodations; that within
   86  the state there is a shortage of safe or sanitary dwelling
   87  accommodations available at rents which persons of low income
   88  can afford and that such persons are forced to occupy
   89  overcrowded and congested dwelling accommodations; that such the
   90  aforesaid conditions cause an increase in and spread of disease
   91  and crime and constitute a menace to the health, safety, morals,
   92  and welfare of the residents of the state and impair economic
   93  values; and that these conditions necessitate excessive and
   94  disproportionate expenditures of public funds for crime
   95  prevention and punishment, public health, welfare and safety,
   96  fire and accident protection, and other public services and
   97  facilities.
   98         (2) Blighted areas in the state cannot be revitalized, nor
   99  can the shortage of safe and sanitary dwellings for persons of
  100  low income be relieved, solely through the operation of private
  101  enterprise.
  102         (3) The clearance, replanning, and reconstruction of the
  103  areas in which insanitary or unsafe housing conditions exist,
  104  and the providing of safe and sanitary dwelling accommodations,
  105  and the access to essential commercial goods and services
  106  necessary for daily living for persons of low income, including
  107  the acquisition by a housing authority of property to be used
  108  for or in connection with housing projects or appurtenant
  109  thereto, are exclusively public uses and purposes for which
  110  public money may be spent and private property acquired and are
  111  governmental functions of public concern.
  112         (4) An important public purpose is served by providing
  113  access to essential commercial goods and services necessary for
  114  daily living for persons served by public housing authorities as
  115  those persons often have limited transportation capacity and
  116  significant family demands. Issues such as limited
  117  transportation capacity and significant family demands
  118  complicate daily living and make access to essential commercial
  119  goods and services difficult.
  120         (5)(4) The necessity in the public interest for the
  121  provisions hereinafter enacted, is hereby declared as a matter
  122  of legislative determination.
  123         Section 3. Section 421.03, Florida Statutes, is amended to
  124  read:
  125         421.03 Definitions.—As used The following terms, wherever
  126  used or referred to in this part, except where the context
  127  clearly indicates otherwise, the term shall have the following
  128  respective meanings for the purposes of this part, unless a
  129  different meaning clearly appears from the context:
  130         (1)(6) “Area of operation”:
  131         (a) In the case of a housing authority of a city having a
  132  population of less than 25,000, includes shall include such city
  133  and the area within 5 miles of its the territorial boundaries.
  134  thereof; and
  135         (b) In the case of a housing authority of a city having a
  136  population of 25,000 or more includes shall include such city
  137  and the area within 10 miles from its the territorial
  138  boundaries. thereof; provided However, that the area of
  139  operation of a housing authority of a any city may shall not
  140  include any area that which lies within the territorial
  141  boundaries of another some other city as herein defined; and may
  142  further provided that the area of operation shall not extend
  143  outside of the boundaries of the county in which the city is
  144  located, and a no housing authority has no shall have any power
  145  or jurisdiction outside of the county in which the city is
  146  located.
  147         (2)(1) “Authority” or “housing authority” means a shall
  148  mean any of the public corporation corporations created pursuant
  149  to by s. 421.04.
  150         (3)(2) “City” means shall mean any city or town of the
  151  state having a population of more than 2,500, according to the
  152  last preceding federal or state census. The term means “The
  153  city” shall mean the particular city for which a particular
  154  housing authority is created.
  155         (4)(5) “Clerk” means shall mean the clerk of the city or
  156  the officer of the city charged with the duties customarily
  157  imposed on the clerk thereof.
  158         (5)(11) “Debentures” means shall mean any notes, interim
  159  certificates, debentures, revenue certificates, or other
  160  obligations issued by an authority pursuant to this chapter.
  161         (6) “Essential commercial goods and services” means goods,
  162  such as groceries and clothing, and services, such as child
  163  care, K-12 education, financial services, job training and
  164  placement, and laundry facilities, that are necessary for daily
  165  living and that may be difficult for persons of low income to
  166  access unless collocated with the housing project where they
  167  live and substantially serving persons of low income.
  168         (7) “Federal Government” means shall include the United
  169  States Government, the Federal Emergency Administration of
  170  Public Works or any department, commission, other agency, or
  171  other instrumentality thereof, corporate or otherwise, of the
  172  United States.
  173         (8)(3) “Governing body” means shall mean the city council,
  174  the commission, or other legislative body charged with governing
  175  the city, as the case may be.
  176         (9) “Housing project” means shall mean any work or
  177  undertaking:
  178         (a) To demolish, clear, or remove buildings from any slum
  179  area, which; such work or undertaking may embrace the adaption
  180  of such area to public purposes, including parks or other
  181  recreational or community purposes; or
  182         (b) To provide decent, safe, and sanitary urban or rural
  183  dwellings, apartments, or other living accommodations for
  184  persons of low income, which; such work or undertaking may
  185  include buildings, land, equipment, facilities, and other real
  186  or personal property for necessary, convenient, or desirable
  187  appurtenances, streets, sewers, water service, parks, site
  188  preparation, gardening, administrative, community, health,
  189  recreational, educational, welfare, or other purposes; or
  190         (c) To provide access to essential commercial goods and
  191  services; or
  192         (d)(c) To accomplish a combination of the foregoing.
  193  
  194  The term “housing project” also applies may be applied to the
  195  planning of the buildings and improvements, the acquisition of
  196  property, the demolition of existing structures, the
  197  construction, reconstruction, alteration, and repair of the
  198  improvements, and all other work in connection therewith.
  199         (10)(4) “Mayor” means shall mean the mayor of the city or
  200  the officer thereof charged with the duties customarily imposed
  201  on the mayor or executive head of the city.
  202         (11)(13) “Obligee of the authority” or “obligee” includes
  203  shall include any holder of debentures, trustee or trustees for
  204  any such holders, or lessor demising to the authority property
  205  used in connection with a housing project, or any assignee or
  206  assignees of such lessor’s interest or any part thereof, and the
  207  Federal Government when it is a party to any contract with the
  208  authority.
  209         (12)(10) “Persons of low income” means shall mean persons
  210  or families who lack the amount of income which is necessary, as
  211  determined by the authority undertaking the housing project, to
  212  enable them, without financial assistance, to live in decent,
  213  safe and sanitary dwellings, without overcrowding.
  214         (13)(12) “Real property” includes shall include all lands,
  215  including improvements and fixtures thereon, and property of any
  216  nature appurtenant thereto, or used in connection therewith, and
  217  every estate, interest and right, legal or equitable, therein,
  218  including terms for years and liens by way of judgment, mortgage
  219  or otherwise and the indebtedness secured by such liens.
  220         (14)(8) “Slum” means shall mean any area where dwellings
  221  predominate which, by reason of dilapidation, overcrowding,
  222  faulty arrangement or design, lack of ventilation, light or
  223  sanitary facilities, or any combination of these factors, are
  224  detrimental to safety, health and morals.
  225         Section 4. Section 421.08, Florida Statutes, is amended to
  226  read:
  227         421.08 Powers of authority.—
  228         (1) An authority shall constitute a public body corporate
  229  and politic, exercising the public and essential governmental
  230  functions set forth in this chapter, and having all the powers
  231  necessary or convenient to carry out and effectuate the purpose
  232  and provisions of this chapter, including the following powers
  233  in addition to others herein granted in this chapter:
  234         (a)(1) To sue and be sued; to have a seal and to alter it
  235  the same at pleasure; to have perpetual succession; to make and
  236  execute contracts and other instruments necessary or convenient
  237  to the exercise of the powers of the authority; to appear in
  238  court through any of its officers, agents, or employees, for the
  239  exclusive purpose of filing eviction papers; and to make and
  240  from time to time amend and repeal bylaws, rules and
  241  regulations, not inconsistent with this chapter, to carry into
  242  effect the powers and purposes of the authority.
  243         (b)(2) Within its area of operation, to prepare, carry out,
  244  acquire, lease, and operate housing projects and; to provide for
  245  the construction, reconstruction, improvement, alteration, or
  246  repair of any housing project or any part thereof.
  247         (c)(3) To arrange or contract for the furnishing by any
  248  person or agency, public or private, of services, privileges,
  249  works, or facilities for, or in connection with, a housing
  250  project or the occupants thereof.; provided, however, that
  251         1. Notwithstanding any other power or provision in this
  252  chapter, the authority may shall not construct, lease, control,
  253  purchase, or otherwise establish, in connection with or as a
  254  part of any housing project or any other real or any other
  255  property under its control, any system, work, facilities,
  256  plants, or other equipment for the purpose of furnishing utility
  257  service of any kind to such projects or to any tenant or
  258  occupant thereof if in the event that a system, work, facility,
  259  plant, or other equipment for the furnishing of the same utility
  260  service is being actually operated by a municipality or private
  261  concern in the area of operation or the city or the territory
  262  immediately adjacent thereto; provided, further, but this does
  263  not that nothing herein shall be construed to prohibit the
  264  construction or acquisition by the authority of any system,
  265  work, facilities, or other equipment for the sole and only
  266  purpose of receiving utility services from any such municipality
  267  or such private concern and then distributing such utility
  268  services to the project and to the tenants and occupants
  269  thereof.; and,
  270         2. Notwithstanding anything to the contrary contained in
  271  this chapter or in any other provision of law, the authority may
  272  to include, in any contract let in connection with a project,
  273  stipulations requiring that the contractor and any
  274  subcontractors comply with requirements as to minimum wages and
  275  maximum hours of labor, and comply with any conditions which the
  276  Federal Government may have attached to its financial aid of the
  277  project.
  278         (d)(4) To lease or rent any dwellings, houses,
  279  accommodations, lands, buildings, structures, or facilities
  280  embraced in any housing project and, subject to the limitations
  281  contained in this chapter, to establish and revise the rents or
  282  charges therefor; to own, hold, and improve real or personal
  283  property; to purchase, lease, obtain options upon, acquire by
  284  gift, grant, bequest, devise, or otherwise any real or personal
  285  property or any interest therein; to acquire by the exercise of
  286  the power of eminent domain any real property, except real
  287  property to be used to provide access to essential commercial
  288  goods and services; to sell, lease, exchange, transfer, assign,
  289  pledge, or dispose of any real or personal property or any
  290  interest therein; to insure or provide for the insurance of any
  291  real or personal property or operations of the authority against
  292  any risks or hazards; and to procure or agree to the procurement
  293  of insurance or guarantees from the Federal Government of the
  294  payment of any such debts or parts thereof, whether or not
  295  incurred by the said authority, including the power to pay
  296  premiums on any such insurance.
  297         (e)(5) To invest any funds held in reserves or sinking
  298  funds, or any funds not required for immediate disbursement, in
  299  property or securities in which savings banks may legally invest
  300  funds subject to their control and; to purchase its debentures
  301  at a price not exceeding more than the principal amount thereof
  302  and accrued interest, with all debentures so purchased to be
  303  canceled.
  304         (f)(6) Within its area of operation: to investigate into
  305  living, dwelling, and housing conditions and into the means and
  306  methods of improving such conditions; to determine where slum
  307  areas exist or where there is a shortage of decent, safe, and
  308  sanitary dwelling accommodations for persons of low income; to
  309  make studies and recommendations relating to the problem of
  310  clearing, replanning, and reconstruction of slum areas and the
  311  problem of providing dwelling accommodations for persons of low
  312  income; to administer fair housing ordinances and other
  313  ordinances as adopted by cities, counties, or other authorities
  314  who wish to contract for administrative services and to
  315  cooperate with the city, the county, or the state or any
  316  political subdivision thereof in action taken in connection with
  317  such problems; and to engage in research, studies, and
  318  experimentation on the subject of housing.
  319         (g)(7) Acting through one or more commissioners or other
  320  person or persons designated by the authority:; to conduct
  321  examinations and investigations and to hear testimony and take
  322  proof under oath at public or private hearings on any matter
  323  material for its information; to administer oaths, issue
  324  subpoenas requiring the attendance of witnesses or the
  325  production of books and papers, and to issue commissions for the
  326  examination of witnesses who are outside of the state, or unable
  327  to attend before the authority, or excused from attendance; and
  328  to make available to appropriate agencies, including those
  329  charged with the duty of abating or requiring the correction of
  330  nuisances or like conditions, or of demolishing unsafe or
  331  insanitary structures within its area of operation, its findings
  332  and recommendations with regard to any building or property
  333  where conditions exist which are dangerous to the public health,
  334  morals, safety, or welfare.
  335         (h)(8)(a) To organize for the purpose of creating a for
  336  profit or not-for-profit corporation, limited liability company,
  337  or other similar business entity pursuant to all applicable laws
  338  of this state in which the housing authority may hold an
  339  ownership interest or participate in its governance in order to
  340  develop, acquire, lease, construct, rehabilitate, manage, or
  341  operate multifamily or single-family residential projects and
  342  commercial projects that allow access to essential goods and
  343  services for persons of low income residing in such residential
  344  projects.
  345         1. These projects may include nonresidential uses and may
  346  use public and private funds to serve individuals or families
  347  who meet the applicable income requirements of the state or
  348  federal program involved; whose income does not exceed 150
  349  percent of the applicable median income for the area, as
  350  established by the United States Department of Housing and Urban
  351  Development; and who, in the determination of the housing
  352  authority, lack sufficient income or assets to enable them to
  353  purchase or rent a decent, safe, and sanitary dwelling. These
  354  corporations, limited liability companies, or other business
  355  entities may join partnerships, joint ventures, or limited
  356  liability companies pursuant to applicable laws or may otherwise
  357  engage with business entities in developing, acquiring, leasing,
  358  constructing, rehabilitating, managing, or operating such
  359  projects.
  360         2.(b) The creation by a housing authority of such a
  361  corporation, limited liability company, or other business entity
  362  that is properly registered pursuant to all applicable laws
  363  before the effective date of this act is ratified and validated
  364  if the creation of such corporation, limited liability company,
  365  or other business entity would have been valid had this act been
  366  in effect at the time such corporation, limited liability
  367  company, or other business entity was created and registered.
  368         3.(c) Proceedings or acts performed by a housing authority
  369  or a corporation, limited liability company, or other business
  370  entity authorized pursuant to subparagraph 2. paragraph (b) are
  371  ratified and validated if such proceedings or acts were in
  372  furtherance of the purposes set forth in this chapter and would
  373  have been valid had this act been in effect at the time such
  374  proceedings or acts were performed.
  375         (i)(9) Notwithstanding s. 112.061, to the governing board
  376  of an authority may approve and implement policies for per diem,
  377  travel, and other expenses of its officials, officers, board
  378  members, employees, and authorized persons in a manner
  379  consistent with federal guidelines.
  380         (j)(10) To exercise all or any part or combination of
  381  powers herein granted in this section. No Provisions of law
  382  relating with respect to acquisition, operation, or disposition
  383  of property by other public bodies do not apply shall be
  384  applicable to an authority unless the Legislature shall
  385  specifically states so state.
  386         (2) Any revenue received by a housing authority from
  387  commercial projects that provide access to essential goods and
  388  services necessary for daily living of persons residing in
  389  housing projects must be used exclusively to upgrade and improve
  390  living conditions in the housing project or to preserve and
  391  rehabilitate public or affordable housing managed by the housing
  392  authority.
  393         Section 5. Subsection (2) of section 421.09, Florida
  394  Statutes, is amended to read:
  395         421.09 Operation not for profit.—
  396         (2) This section does not prohibit or restrict the
  397  activities or operations of a business entity created under s.
  398  421.08(1)(h) 421.08(8).
  399         Section 6. Section 421.21, Florida Statutes, is reenacted
  400  and amended to read:
  401         421.21 Aid from Federal Government; tax exemptions.—
  402         (1) In addition to the powers conferred upon an authority
  403  by other provisions of this chapter, an authority is empowered
  404  to borrow money or accept grants or other financial assistance
  405  from the Federal Government for or in aid of any housing project
  406  within its area of operation, to take over or lease or manage
  407  any housing project or undertaking constructed or owned by the
  408  Federal Government, and to these ends, to comply with such
  409  conditions and enter into such trust indentures, leases or
  410  agreements as may be necessary, convenient or desirable. It is
  411  the purpose and intent of this chapter to authorize every
  412  authority to do any and all things necessary or desirable to
  413  secure the financial aid or cooperation of the Federal
  414  Government in the undertaking, construction, maintenance, or
  415  operation of any housing project by such authority.
  416         (2) In addition to the powers conferred upon an authority
  417  by subsection (1) and other provisions of this chapter, an
  418  authority is empowered to borrow money or accept grants or other
  419  financial assistance from the Federal Government under s. 202 of
  420  the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
  421  program of the United States Department of Housing and Urban
  422  Development, which provides for direct federal loans in the
  423  maximum amount, as defined therein, for the purpose of assisting
  424  certain nonprofit corporations to provide housing and related
  425  facilities for elderly families and elderly persons.
  426         (a) Housing authorities created under this section are
  427  authorized to execute mortgages, notes, bills, or other forms of
  428  indebtedness together with any agreements, contracts, or other
  429  instruments required by the United States Department of Housing
  430  and Urban Development in connection with loans made for the
  431  purposes set forth in this subsection.
  432         (b) This provision relating to housing facilities for the
  433  elderly is cumulative and in addition to the powers given to
  434  housing authorities under this chapter. All powers granted
  435  generally by law to housing authorities in Florida relating to
  436  issuance of trust indentures, debentures, and other methods of
  437  raising capital shall apply also to housing authorities in
  438  connection with their participation in programs of the United
  439  States Department of Housing and Urban Development.
  440         (3) It is the legislative intent that the tax exemption of
  441  housing authorities provided by chapter 423, shall specifically
  442  applies apply to any housing authority created under this
  443  section.
  444         Section 7. Section 421.32, Florida Statutes, is amended to
  445  read:
  446         421.32 Rural housing projects.—County housing authorities
  447  and regional housing authorities are specifically empowered and
  448  authorized to borrow money, accept grants, and exercise their
  449  other powers to provide housing for farmers of low income and
  450  domestic farm labor as defined in s. 514 of the Federal Housing
  451  Act of 1949. In connection with such projects, any such housing
  452  authority may enter into such leases or purchase agreements,
  453  accept such conveyances and rent or sell dwellings forming part
  454  of such projects to or for farmers of low income, as such
  455  housing authority deems necessary in order to ensure assure the
  456  achievement of the objectives of this law. Such leases,
  457  agreements, or conveyances may include such covenants as the
  458  housing authority deems appropriate regarding such dwellings and
  459  the tracts of land described in any such instrument, which
  460  covenants shall be deemed to run with the land where the housing
  461  authority deems it necessary and the parties to such instrument
  462  so stipulate. In providing housing for farmers of low income,
  463  county housing authorities and regional housing authorities are
  464  shall not be subject to the limitations provided in ss.
  465  421.08(1)(c) 421.08(3) and 421.10(3). Nothing contained in This
  466  section may not shall be construed as limiting any other powers
  467  of any housing authority.
  468         Section 8. Section 422.02, Florida Statutes, is amended to
  469  read:
  470         422.02 Finding and declaration of necessity.—It has been
  471  found and declared in the Housing Authorities Law that there
  472  exist in the state unsafe and insanitary housing conditions and
  473  a shortage of safe and sanitary dwelling accommodations and
  474  access to essential commercial goods and services necessary for
  475  daily living for persons of low income; that these conditions
  476  necessitate excessive and disproportionate expenditures of
  477  public funds for crime prevention and punishment, public health,
  478  welfare and safety, fire and accident protection, and other
  479  public services and facilities; and that the public interest
  480  requires the remedying of these conditions. It is found and
  481  declared that the assistance herein provided for the remedying
  482  of the conditions set forth in the Housing Authorities Law
  483  constitutes a public use and purpose and an essential
  484  governmental function for which public moneys may be spent and
  485  other aid given; that it is a proper public purpose for any
  486  state public body to aid any housing authority operating within
  487  its boundaries or jurisdiction or any housing project located
  488  therein, as the state public body derives immediate benefits and
  489  advantages from such an authority or project; and that the
  490  provisions hereinafter enacted are necessary in the public
  491  interest.
  492         Section 9. Section 422.04, Florida Statutes, is amended to
  493  read:
  494         422.04 Cooperation in undertaking housing projects.—
  495         (1) For the purpose of aiding and cooperating in the
  496  planning, undertaking, construction, or operation of housing
  497  projects located within the area in which it is authorized to
  498  act, any state public body may, upon such terms, with or without
  499  consideration, as it may determine:
  500         (a) Dedicate, sell, convey, or lease any of its property to
  501  a housing authority or the Federal Government.;
  502         (b) Cause parks;, playgrounds;, recreational, community,
  503  educational, water, sewer, or drainage facilities; commercial
  504  projects that allow access to essential goods and services for
  505  persons of low income residing in housing projects; or any other
  506  works, which it is otherwise empowered to undertake, to be
  507  furnished adjacent to or in connection with housing projects.;
  508         (c) Furnish, dedicate, close, pave, install, grade,
  509  regrade, plan, or replan streets, roads, roadways, alleys,
  510  sidewalks, or other places which it is otherwise empowered to
  511  undertake.;
  512         (d) Plan or replan, zone or rezone any part of such state
  513  public body; make exceptions from building regulations and
  514  ordinances; and, with respect to any city or town, also may
  515  change its map.;
  516         (e) Enter into agreements, which may extend over any
  517  period, notwithstanding any provision or rule of law to the
  518  contrary, with a housing authority or the Federal Government
  519  respecting action to be taken by such state public body pursuant
  520  to any of the powers granted by this chapter.;
  521         (f) Do any and all things, necessary, or convenient to aid
  522  and cooperate in the planning, undertaking, construction, or
  523  operation of such housing projects.;
  524         (g) Purchase or legally invest in any of the debentures of
  525  a housing authority and exercise all of the rights of any holder
  526  of such debentures.;
  527         (h) Not require any changes to be made in a housing project
  528  or the manner of its construction or take any other action
  529  relating to such construction with respect to any housing
  530  project which a housing authority has acquired or taken over
  531  from the Federal Government and which the housing authority by
  532  resolution has found and declared to have been constructed in a
  533  manner that will promote the public interest and afford
  534  necessary safety, sanitation, and other protection., no state
  535  public body shall require any changes to be made in the housing
  536  project or the manner of its construction or take any other
  537  action relating to such construction;
  538         (i) Incur the entire expense of In connection with any
  539  public improvements made by the a state public body in
  540  exercising the powers herein granted, such state public body may
  541  incur the entire expense thereof.
  542         (2) Any law or statute to the contrary notwithstanding, any
  543  sale, conveyance, lease, or agreement provided for in this
  544  section may be made by a state public body without appraisal,
  545  public notice, advertisement, or public bidding.
  546         Section 10. Section 423.01, Florida Statutes, is amended to
  547  read:
  548         423.01 Finding and declaration of property of tax exemption
  549  for housing authorities.—It has been found and declared in the
  550  Housing Authorities Law and the Housing Cooperation Law that:
  551         (1) There exist in the state housing conditions that which
  552  constitute a menace to the health, safety, morals, and welfare
  553  of the residents of the state;
  554         (2) These conditions necessitate excessive and
  555  disproportionate expenditures of public funds for crime
  556  prevention and punishment, public health, welfare and safety,
  557  fire and accident prevention, and other public services and
  558  facilities;
  559         (3) The public interest requires the remedying of these
  560  conditions by the creation of housing authorities to undertake
  561  projects for slum clearance and for providing safe and sanitary
  562  dwelling accommodations and access to essential commercial goods
  563  and services necessary for daily living for persons who lack
  564  sufficient income to enable them to live in decent, safe, and
  565  sanitary dwellings without overcrowding; and
  566         (4) Facilities made available by housing authorities to
  567  provide access to essential goods and services necessary for
  568  daily living for persons residing in housing projects are a
  569  critical component of those housing projects and constitute a
  570  public use and a governmental function; and
  571         (5)(4) Such housing projects, including all property of a
  572  housing authority used for or in connection therewith or
  573  appurtenant thereto and all property used to provide access to
  574  essential goods and services necessary for daily living for
  575  persons residing in such housing projects, are exclusively for
  576  public uses and municipal purposes and not for profit, and are
  577  governmental functions of state concern. As a matter of
  578  legislative determination, it is found and declared that the
  579  property and debentures of a housing authority are of such
  580  character as may be exempt from taxation.
  581         Section 11. Section 423.02, Florida Statutes, is amended to
  582  read:
  583         423.02 Housing projects exempted from taxes and
  584  assessments; payments in lieu thereof.—The housing projects,
  585  including all property of housing authorities used for or in
  586  connection therewith or appurtenant thereto and all commercial
  587  projects that allow access to essential goods and services for
  588  persons of low income residing in such housing projects, of
  589  housing authorities shall be exempt from all taxes and special
  590  assessments of the state or any city, town, county, or political
  591  subdivision of the state., provided, However, that in lieu of
  592  such taxes or special assessments, a housing authority may agree
  593  to make payments to any city, town, county, or political
  594  subdivision of the state for services, improvements, or
  595  facilities furnished by such city, town, county, or political
  596  subdivision for the benefit of a housing project owned by the
  597  housing authority, but in no event shall such payments may not
  598  exceed the estimated cost to such city, town, county, or
  599  political subdivision of the services, improvements, or
  600  facilities to be so furnished.
  601         Section 12. Subsection (48) is added to section 420.507,
  602  Florida Statutes, to read:
  603         420.507 Powers of the corporation.—The corporation shall
  604  have all the powers necessary or convenient to carry out and
  605  effectuate the purposes and provisions of this part, including
  606  the following powers which are in addition to all other powers
  607  granted by other provisions of this part:
  608         (48) To utilize up to 10 percent of its annual allocation
  609  of low-income housing tax credits, allocation of nontaxable
  610  revenue bonds, and State Apartment Incentive Loan Program funds
  611  appropriated by the Legislature and available to allocate by
  612  request for proposals or other competitive solicitation funding
  613  for high-priority affordable housing projects, such as housing
  614  to support economic development and job creation initiatives,
  615  housing for veterans and their families, and other special needs
  616  populations in communities throughout the state as determined by
  617  the corporation on an annual basis.
  618         Section 13. This act shall take effect July 1, 2012.