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