Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1520
Ì273622ÇÎ273622
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2015 .
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The Committee on Community Affairs (Thompson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 421.02, Florida Statutes, is amended to
6 read:
7 421.02 Finding and declaration of necessity.—It is hereby
8 declared that:
9 (1) There exist in the state insanitary or unsafe dwelling
10 accommodations and that persons of low income are forced to
11 reside in such insanitary or unsafe accommodations; that within
12 the state there is a shortage of safe or sanitary dwelling
13 accommodations available at rents which persons of low income
14 can afford and that such persons are forced to occupy
15 overcrowded and congested dwelling accommodations; that such the
16 aforesaid conditions cause an increase in and spread of disease
17 and crime and constitute a menace to the health, safety, morals,
18 and welfare of the residents of the state and impair economic
19 values; and that these conditions necessitate excessive and
20 disproportionate expenditures of public funds for crime
21 prevention and punishment, public health, welfare and safety,
22 fire and accident protection, and other public services and
23 facilities.
24 (2) Blighted areas in the state cannot be revitalized, nor
25 can the shortage of safe and sanitary dwellings for persons of
26 low income be relieved, solely through the operation of private
27 enterprise. However, the state encourages the use of housing
28 authority property in combination with private enterprise to
29 construct, rehabilitate, and otherwise provide safe and sanitary
30 dwelling conditions for persons of low income.
31 (3) The clearance, replanning, and reconstruction of the
32 areas in which insanitary or unsafe housing conditions exist,
33 and the providing of safe and sanitary dwelling accommodations,
34 and the access to essential commercial goods and services
35 necessary for daily living for persons of low income, including
36 the acquisition by a housing authority of property to be used
37 for or in connection with housing projects or appurtenant
38 thereto, are exclusively public uses and purposes for which
39 public money may be spent and private property acquired and are
40 governmental functions of public concern.
41 (4) An important public purpose is served by providing
42 access to essential commercial goods and services necessary for
43 daily living for persons served by public housing authorities as
44 those persons often have limited transportation capacity and
45 significant family demands. Issues such as limited
46 transportation capacity and significant family demands
47 complicate daily living and make access to essential commercial
48 goods and services difficult.
49 (5)(4) The necessity in the public interest for the
50 provisions hereinafter enacted, is hereby declared as a matter
51 of legislative determination.
52 Section 2. Section 421.03, Florida Statutes, is amended to
53 read:
54 421.03 Definitions.—As used The following terms, wherever
55 used or referred to in this part, except where the context
56 clearly indicates otherwise, the term shall have the following
57 respective meanings for the purposes of this part, unless a
58 different meaning clearly appears from the context:
59 (2)(1) “Authority” or “housing authority” means a shall
60 mean any of the public corporation corporations created pursuant
61 to by s. 421.04.
62 (4)(2) “City” means shall mean any city or town of the
63 state having a population of more than 2,500, according to the
64 last preceding federal or state census. The term also means “The
65 city” shall mean the particular city for which a particular
66 housing authority is created.
67 (9)(3) “Governing body” means shall mean the city council,
68 the commission, or other legislative body charged with governing
69 the city, as the case may be.
70 (11)(4) “Mayor” means shall mean the mayor of the city or
71 the officer thereof charged with the duties customarily imposed
72 on the mayor or executive head of the city.
73 (5) “Clerk” means shall mean the clerk of the city or the
74 officer of the city charged with the duties customarily imposed
75 on the clerk thereof.
76 (1)(6) “Area of Operation”:
77 (a) In the case of a housing authority of a city having a
78 population of less than 25,000, includes shall include such city
79 and the area within 5 miles of its the territorial boundaries.
80 thereof; and
81 (b) In the case of a housing authority of a city having a
82 population of 25,000 or more, includes shall include such city
83 and the area within 10 miles of its from the territorial
84 boundaries. thereof; provided However, that the area of
85 operation of a housing authority of a any city may shall not
86 include any area that which lies within the territorial
87 boundaries of another some other city as herein defined; and may
88 further provided that the area of operation shall not extend
89 outside of the boundaries of the county in which the city is
90 located. A and no housing authority has no shall have any power
91 or jurisdiction outside of the county in which the city is
92 located.
93 (7) “Essential commercial goods and services” means goods,
94 such as groceries and clothing, and services, such as child
95 care, K-12 education, financial services, job training and
96 placement, laundry facilities, and other local governmental
97 services, which are in close proximity to dwelling
98 accommodations of a housing authority, are necessary for daily
99 living, and may be difficult for persons of low income to access
100 unless located in close proximity to the housing development
101 where the persons of low income reside.
102 (8)(7) “Federal Government” means shall include the United
103 States Government, the Federal Emergency Administration of
104 Public Works or any department, commission, other agency, or
105 other instrumentality thereof, corporate or otherwise, of the
106 United States.
107 (3)(8) “Blighted” means “Slum” shall mean any area where
108 dwellings predominate which, by reason of dilapidation,
109 overcrowding, faulty arrangement or design, lack of ventilation,
110 light or sanitary facilities, or any combination of these
111 factors, are detrimental to safety, health, and morals.
112 (10)(9) “Housing project” means shall mean any work or
113 undertaking:
114 (a) To demolish, clear, or remove buildings from any
115 blighted slum area, which; such work or undertaking may embrace
116 the adaption of such area to public purposes, including parks or
117 other recreational or community purposes; or
118 (b) To provide decent, safe, and sanitary urban or rural
119 dwellings, apartments, or other living accommodations for
120 persons of low income, which; such work or undertaking may
121 include buildings, land, equipment, facilities, and other real
122 or personal property for necessary, convenient, or desirable
123 appurtenances, streets, sewers, water service, parks, site
124 preparation, gardening, administrative, community, health,
125 recreational, educational, welfare, or other purposes; or
126 (c) To provide access to essential commercial goods and
127 services; or
128 (d)(c) To accomplish a combination of the foregoing.
129
130 The term “housing project” also applies may be applied to the
131 planning of the buildings and improvements;, the acquisition of
132 property;, the demolition of existing structures;, the
133 construction, reconstruction, alteration, and repair of the
134 improvements; and all other work in connection therewith.
135 (13)(10) “Persons of low income” means shall mean persons
136 or families who lack the amount of income which is necessary, as
137 determined by the authority undertaking the housing project, to
138 enable them, without financial assistance, to live in decent,
139 safe, and sanitary dwellings, without overcrowding.
140 (6)(11) “Debentures” means shall mean any notes, interim
141 certificates, debentures, revenue certificates, or other
142 obligations issued by an authority pursuant to this chapter.
143 (14)(12) “Real property” includes shall include all lands,
144 including improvements and fixtures thereon, and property of any
145 nature appurtenant thereto, or used in connection therewith, and
146 every estate, interest, and right, legal or equitable, therein,
147 including terms for years and liens by way of judgment,
148 mortgage, or otherwise and the indebtedness secured by such
149 liens.
150 (12)(13) “Obligee of the authority” or “obligee” includes
151 shall include any holder of debentures, trustee or trustees for
152 any such holders, or lessor demising to the authority property
153 used in connection with a housing project, or any assignee or
154 assignees of such lessor’s interest or any part thereof, and the
155 Federal Government when it is a party to any contract with the
156 authority.
157 Section 3. Subsection (4) is added to section 421.04,
158 Florida Statutes, to read:
159 421.04 Creation of housing authorities.—
160 (4) A housing authority, regardless of the date of its
161 creation, may not apply to the Federal Government to seize any
162 projects, units, or vouchers of another established housing
163 authority, irrespective of each housing authority’s areas of
164 operation.
165 Section 4. Subsection (2) of section 421.05, Florida
166 Statutes, is amended to read:
167 421.05 Appointment, qualifications, and tenure of
168 commissioners; hiring of employees.—
169 (2) The powers of each authority shall be vested in the
170 commissioners thereof in office from time to time. A majority of
171 the commissioners shall constitute a quorum of the authority for
172 the purpose of conducting its business and exercising its powers
173 and for all other purposes. Action may be taken by the authority
174 upon a vote of a majority of the commissioners present, unless
175 in any case the bylaws of the authority require a larger number.
176 The mayor with the concurrence of the governing body shall
177 designate which of the commissioners appointed shall be the
178 first chair, but when the office of the chair of the authority
179 thereafter becomes vacant, the authority shall select a chair
180 from among its commissioners. An authority shall select from
181 among its commissioners a vice chair,; and it may employ a
182 secretary, who shall be the executive director, technical
183 experts, and such other officers, agents, and employees,
184 permanent and temporary, as it may require and shall determine
185 their qualifications, duties, and compensation. As provided in
186 s. 215.425, a commissioner may not receive extra compensation.
187 For such legal services as it may require, an authority may call
188 upon the chief law officer of the city or may employ its own
189 counsel and legal staff. An authority may delegate to one or
190 more of its agents or employees such powers or duties as it may
191 deem proper.
192 Section 5. Section 421.06, Florida Statutes, is amended to
193 read:
194 421.06 Commissioners or employees prohibited from acquiring
195 interests in housing projects and required to disclose interests
196 in specified properties; exception.—Except for the leasehold
197 interest held by a tenant-commissioner in the housing project in
198 which he or she is a tenant, a no commissioner or employee of an
199 authority may not shall acquire any interest, direct or
200 indirect, in any housing project or in any property included or
201 planned to be included in any project, or nor shall he or she
202 have any interest, direct or indirect, in any contract or
203 proposed contract for materials or services to be furnished or
204 used in connection with any housing project. If a commissioner
205 or employee of an authority owns or controls an interest, direct
206 or indirect, in any property included or planned to be included
207 in any housing project, he or she shall immediately disclose the
208 same in writing to the authority. Such disclosure shall be
209 entered upon the minutes of the authority. Failure so to
210 disclose such interest constitutes misconduct in office. This
211 section applies to any commercial project authorized by this
212 chapter.
213 Section 6. Section 421.08, Florida Statutes, is amended to
214 read:
215 421.08 Powers of authority.—
216 (1) An authority constitutes shall constitute a public body
217 corporate and politic, exercising the public and essential
218 governmental functions set forth in this chapter, and having all
219 the powers necessary or convenient to carry out and effectuate
220 the purpose and provisions of this chapter, including the
221 following additional powers in addition to others herein
222 granted:
223 (a)(1) To sue and be sued; to have a seal and to alter it
224 the same at pleasure; to have perpetual succession; to make and
225 execute contracts and other instruments necessary or convenient
226 to the exercise of the powers of the authority; to appear in
227 court through any of its officers, agents, or employees, for the
228 exclusive purpose of filing eviction papers; and to make and
229 from time to time amend and repeal bylaws, rules, and
230 regulations, not inconsistent with this chapter, to carry into
231 effect the powers and purposes of the authority.
232 (b)(2) Within its area of operation, to prepare, carry out,
233 acquire, lease, and operate housing projects and; to provide for
234 the construction, reconstruction, improvement, alteration, or
235 repair of any housing project or any part thereof.
236 (c)(3) To arrange or contract for the furnishing by any
237 person or agency, public or private, of services, privileges,
238 works, or facilities for, or in connection with, a housing
239 project or the occupants thereof.; provided, however, that
240 1. Notwithstanding any other power or provision in this
241 chapter, the authority may shall not construct, lease, control,
242 purchase, or otherwise establish, in connection with or as a
243 part of any housing project or any other real or any other
244 property under its control, any system, work, facilities,
245 plants, or other equipment for the purpose of furnishing utility
246 service of any kind to such projects or to any tenant or
247 occupant thereof if in the event that a system, work, facility,
248 plant, or other equipment for the furnishing of the same utility
249 service is being actually operated by a municipality or private
250 concern in the area of operation or the city or the territory
251 immediately adjacent thereto. However, this subparagraph does
252 not ; provided, further, that nothing herein shall be construed
253 to prohibit the construction or acquisition by the authority of:
254 a. Any system, work, facilities, or other equipment for the
255 sole and only purpose of receiving utility services from any
256 such municipality or such private concern and then distributing
257 such utility services to the project and to the tenants and
258 occupants thereof; or and,
259 b. Any renewable energy devices or systems to be installed
260 and located upon housing authority property for the sole purpose
261 of reducing utility costs to the tenants or occupants thereof.
262 2. Notwithstanding anything to the contrary contained in
263 this chapter or in any other provision of law, the authority may
264 to include, in any contract let in connection with a project,
265 stipulations requiring that the contractor and any
266 subcontractors comply with requirements as to minimum wages and
267 maximum hours of labor, and comply with any conditions which the
268 Federal Government may have attached to its financial aid of the
269 project.
270 (d)(4) To lease or rent any dwellings, houses,
271 accommodations, lands, buildings, structures, or facilities
272 embraced in any housing project and, subject to the limitations
273 contained in this chapter, to establish and revise the rents or
274 charges therefor; to own, hold, and improve real or personal
275 property; to purchase, lease, obtain options upon, acquire by
276 gift, grant, bequest, devise, or otherwise any real or personal
277 property or any interest therein; to acquire by the exercise of
278 the power of eminent domain any real property, except real
279 property to be used to provide access to essential commercial
280 goods and services; to sell, lease, exchange, transfer, assign,
281 pledge, or dispose of any real or personal property or any
282 interest therein; to insure or provide for the insurance of any
283 real or personal property or operations of the authority against
284 any risks or hazards; and to procure or agree to the procurement
285 of insurance or guarantees from the Federal Government of the
286 payment of any such debts or parts thereof, whether or not
287 incurred by the said authority, including the power to pay
288 premiums on any such insurance.
289 (e)(5) To invest any funds held in reserves or sinking
290 funds, or any funds not required for immediate disbursement, in
291 property or securities in which savings banks may legally invest
292 funds subject to their control and; to purchase its debentures
293 at a price not exceeding more than the principal amount thereof
294 and accrued interest, with all debentures so purchased to be
295 canceled.
296 (f)(6) Within its area of operation: to investigate into
297 living, dwelling, and housing conditions and into the means and
298 methods of improving such conditions; to determine where
299 blighted slum areas exist or where there is a shortage of
300 decent, safe, and sanitary dwelling accommodations for persons
301 of low income; to make studies and recommendations relating to
302 the problem of clearing, replanning, and reconstruction of
303 blighted slum areas and the problem of providing dwelling
304 accommodations for persons of low income; to administer fair
305 housing ordinances and other ordinances as adopted by cities,
306 counties, or other authorities who wish to contract for
307 administrative services and to cooperate with the city, the
308 county, or the state or any political subdivision thereof in
309 action taken in connection with such problems; and to engage in
310 research, studies, and experimentation on the subject of
311 housing.
312 (g)(7) Acting through one or more commissioners or other
313 person or persons designated by the authority:; to conduct
314 examinations and investigations and to hear testimony and take
315 proof under oath at public or private hearings on any matter
316 material for its information; to administer oaths, issue
317 subpoenas requiring the attendance of witnesses or the
318 production of books and papers, and to issue commissions for the
319 examination of witnesses who are outside of the state, or unable
320 to attend before the authority, or excused from attendance; and
321 to make available to appropriate agencies, including those
322 charged with the duty of abating or requiring the correction of
323 nuisances or like conditions, or of demolishing unsafe or
324 insanitary structures within its area of operation, its findings
325 and recommendations with regard to any building or property
326 where conditions exist which are dangerous to the public health,
327 morals, safety, or welfare.
328 (h)(8)(a) To organize for the purpose of creating a for
329 profit or not-for-profit corporation, limited liability company,
330 or other similar business entity pursuant to all applicable laws
331 of this state in which the housing authority may hold an
332 ownership interest or participate in its governance in order to
333 develop, acquire, lease, construct, rehabilitate, manage, or
334 operate multifamily or single-family residential projects and
335 commercial projects that allow access to essential commercial
336 goods and services for persons of low income residing in such
337 residential projects.
338 1. These projects may include nonresidential uses and may
339 use public and private funds to serve individuals or families
340 who meet the applicable income requirements of the state or
341 federal program involved; whose income does not exceed 150
342 percent of the applicable median income for the area, as
343 established by the United States Department of Housing and Urban
344 Development; and who, in the determination of the housing
345 authority, lack sufficient income or assets to enable them to
346 purchase or rent a decent, safe, and sanitary dwelling. These
347 corporations, limited liability companies, or other business
348 entities may join partnerships, joint ventures, or limited
349 liability companies pursuant to applicable laws or may otherwise
350 engage with business entities in developing, acquiring, leasing,
351 constructing, rehabilitating, managing, or operating such
352 projects.
353 2.(b) The creation by a housing authority of such a
354 corporation, limited liability company, or other business entity
355 that is properly registered pursuant to all applicable laws
356 before the effective date of this act is ratified and validated
357 if the creation of such corporation, limited liability company,
358 or other business entity would have been valid had this act been
359 in effect at the time such corporation, limited liability
360 company, or other business entity was created and registered.
361 3.(c) Proceedings or acts performed by a housing authority
362 or a corporation, limited liability company, or other business
363 entity authorized pursuant to subparagraph 2. paragraph (b) are
364 ratified and validated if such proceedings or acts were in
365 furtherance of the purposes set forth in this chapter and would
366 have been valid had this act been in effect at the time such
367 proceedings or acts were performed.
368 (i)(9) Notwithstanding s. 112.061, to the governing board
369 of an authority may approve and implement policies for per diem,
370 travel, and other expenses of its officials, officers, board
371 members, employees, and authorized persons in a manner
372 consistent with federal guidelines.
373 (j)(10) To exercise all or any part or combination of
374 powers herein granted in this section. No Provisions of law
375 relating with respect to acquisition, operation, or disposition
376 of property by other public bodies do not apply shall be
377 applicable to an authority unless the Legislature shall
378 specifically so states state.
379 (2) Any revenue received by a housing authority from
380 commercial projects that provide access to essential commercial
381 goods and services necessary for daily living of persons
382 residing in housing developments must be used exclusively for
383 affordable housing.
384 Section 7. Subsection (2) of section 421.09, Florida
385 Statutes, is amended to read:
386 421.09 Operation not for profit.—
387 (2) This section does not prohibit or restrict the
388 activities or operations of a business entity created under s.
389 421.08(1)(h) 421.08(8).
390 Section 8. Subsection (1) of section 421.091, Florida
391 Statutes, is amended to read:
392 421.091 Financial accounting and investments; fiscal year.—
393 (1) A complete and full financial accounting and audit in
394 accordance with federal audit standards of public housing
395 agencies shall be made biennially by a certified public
396 accountant and submitted to the Federal Government in accordance
397 with its policies. Housing authorities are otherwise exempt from
398 the reporting requirements of s. 218.32. A copy of such audit
399 shall be filed with the governing body and with the Auditor
400 General.
401 Section 9. Paragraph (b) of subsection (2) and subsection
402 (3) of section 421.21, Florida Statutes, are amended to read:
403 421.21 Aid from Federal Government; tax exemptions.—
404 (2) In addition to the powers conferred upon an authority
405 by subsection (1) and other provisions of this chapter, an
406 authority is empowered to borrow money or accept grants or other
407 financial assistance from the Federal Government under s. 202 of
408 the Housing Act of 1959 (Pub. L. No. 86-372) or any law or
409 program of the United States Department of Housing and Urban
410 Development, which provides for direct federal loans in the
411 maximum amount, as defined therein, for the purpose of assisting
412 certain nonprofit corporations to provide housing and related
413 facilities for elderly families and elderly persons.
414 (b) This provision relating to housing facilities for the
415 elderly is cumulative and in addition to the powers given to
416 housing authorities under this chapter. All powers granted
417 generally by law to housing authorities in Florida relating to
418 issuance of trust indentures, debentures, and other methods of
419 raising capital also shall apply also to housing authorities in
420 connection with their participation in programs of the United
421 States Department of Housing and Urban Development.
422 (3) It is the legislative intent that the tax exemption of
423 housing authorities provided by chapter 423, shall specifically
424 applies apply to any housing authority created under this
425 section and any affordable housing efforts it undertakes, either
426 directly or through instrumentalities.
427 Section 10. Section 421.281, Florida Statutes, is created
428 to read:
429 421.281 Consolidated Housing Authorities.—
430 (1) CREATION.—
431 (a) If, after a public hearing and two consecutive meetings
432 at which such resolution is heard, the commissioners of at least
433 two municipal or municipal and county housing authorities of
434 neighboring areas of operation that are not under federal
435 receivership declare by identical resolution that there is a
436 need for merging their authorities which serves the best
437 interest of their respective tenants and communities, one
438 housing authority shall be created for all of such authorities
439 to exercise powers and other functions herein prescribed in such
440 areas of operation through a public body corporate and politic
441 to be known as a consolidated housing authority.
442 (b) After the consolidation, each housing authority created
443 by s. 421.04 or s. 421.27 for each of the areas shall cease to
444 exist except for the purpose of winding up its affairs and
445 executing a deed to the consolidated housing authority as
446 hereafter provided, if:
447 1. All obligees of such housing authorities and parties to
448 the contracts, bonds, notes, and other obligations of such
449 housing authorities agree to the substitution of the
450 consolidated housing authority; and
451 2. The commissioners of such housing authorities adopt a
452 resolution consenting to the transfer of all of the rights,
453 contracts, obligations, and property, real and personal, to the
454 consolidated housing authority.
455 (c) When any real property of a housing authority vests in
456 a consolidated housing authority as provided in subsection (2),
457 the housing authority shall execute a deed of such property to
458 the consolidated housing authority which shall file such deed
459 with the recorder of deeds of the county where such real
460 property is located.
461 (d) In any suit, action, or proceeding involving the
462 validity or enforcement of, or relating to, any contract of the
463 consolidated housing authority, the consolidated housing
464 authority shall be conclusively deemed to have been created,
465 established, and authorized to transact business and exercise
466 its powers hereunder upon proof of the adoption of a resolution
467 by the commissioners of each of the authorities creating the
468 consolidated housing authority.
469 (e) No more than three housing authorities may be
470 consolidated within a 10-year period, unless there is a
471 resolution of each housing authority and local government within
472 the area of operation in support of such additional
473 consolidation.
474 (2) AREA OF OPERATION.—
475 (a) The area of operation of a consolidated housing
476 authority shall include the combined areas of operation of the
477 housing authorities that merged to form the consolidated housing
478 authority.
479 (b) In connection with the issuance of bonds or the
480 incurring of other obligations, a consolidated housing authority
481 may covenant as to limitations on its right to adopt resolutions
482 relating to the increase of its area of operation.
483 (3) COMMISSIONERS.—
484 (a) When a consolidated housing authority has been created,
485 the consolidation plan must include provision for the
486 distribution of appointments among the existing appointing
487 authorities. The appointing authorities shall thereupon appoint
488 seven persons, with at least one qualified elector from each
489 area of operation included therein, provided that there are
490 suitable candidates who are willing to serve from each area of
491 operation.
492 (b) When the area of operation of a consolidated housing
493 authority is increased to include an additional area of
494 operation as herein provided, the consolidation plan must
495 provide for the appointment of one qualified elector from each
496 such additional area of operation as a commissioner. The number
497 of commissioners of a consolidated housing authority may be
498 increased above seven only for the implementation of this
499 subsection.
500 (c) If any county is later excluded from the area of
501 operation of a consolidated housing authority, the office of the
502 commissioner of such housing authority appointed as provided in
503 subsection (2) is abolished.
504 (d) If the area of operation of a consolidated housing
505 authority consists at any time of an even number of counties,
506 the Governor shall appoint one additional commissioner, who must
507 be a qualified elector from one of the counties in such area of
508 operation.
509 (e) A certificate of the appointment of any commissioner of
510 a consolidated housing authority shall be filed with the county
511 clerk of the county from which the commissioner is appointed,
512 and such certificate shall be conclusive evidence of the due and
513 proper appointment of such commissioner.
514 (f) The commissioners of a consolidated housing authority
515 shall be appointed for staggered terms of 4 years, except that
516 the terms of the initial appointees may be truncated to provide
517 for staggered terms, and vacancies shall be filled for the
518 unexpired terms. Each commissioner shall hold office until a
519 successor has been appointed and has qualified, except as
520 otherwise provided herein. The appointing authority shall
521 thereafter appoint the successor of each commissioner.
522 (g) The commissioners of a consolidated housing authority
523 shall elect a chair from among the commissioners and may select
524 or employ such other officers and employees as the housing
525 authority may require. A majority of the commissioners of a
526 consolidated housing authority constitutes a quorum for the
527 purpose of conducting its business and exercising its powers and
528 for all other purposes.
529 (4) POWERS AND DUTIES.—Except as otherwise provided herein,
530 a consolidated housing authority and the commissioners thereof
531 shall, within the area of operation of such consolidated housing
532 authority, have the same functions, rights, powers, duties,
533 privileges, and immunities provided for housing authorities
534 created for cities or counties. A consolidated housing authority
535 may select an appropriate corporate name.
536 Section 11. Section 421.32, Florida Statutes, is amended to
537 read:
538 421.32 Rural housing projects.—County housing authorities,
539 consolidated housing authorities, and regional housing
540 authorities are specifically empowered and authorized to borrow
541 money, accept grants, and exercise their other powers to provide
542 housing for farmers of low income and domestic farm labor as
543 defined in s. 514 of the Federal Housing Act of 1949. In
544 connection with such projects, any such housing authority may
545 enter into such leases or purchase agreements, accept such
546 conveyances, and rent or sell dwellings forming part of such
547 projects to or for farmers of low income, as such housing
548 authority deems necessary in order to assure the achievement of
549 the objectives of this law. Such leases, agreements, or
550 conveyances may include such covenants as the housing authority
551 deems appropriate regarding such dwellings and the tracts of
552 land described in any such instrument, which covenants shall be
553 deemed to run with the land when where the housing authority
554 deems it necessary and the parties to such instrument so
555 stipulate. In providing housing for farmers of low income,
556 county housing authorities, consolidated housing authorities,
557 and regional housing authorities are shall not be subject to the
558 limitations provided in ss. 421.08(1)(c) 421.08(3) and
559 421.10(3). Nothing contained in This section does not limit
560 shall be construed as limiting any other powers of any housing
561 authority.
562 Section 12. Section 421.321, Florida Statutes, is amended
563 to read:
564 421.321 Execution of mortgages.—County, consolidated, and
565 regional housing authorities organized under this chapter are
566 authorized to execute mortgages encumbering real property as
567 security for loans made for providing facilities for domestic
568 farm labor pursuant to s. 514 of the Federal Housing Act of
569 1949.
570 Section 13. Section 421.33, Florida Statutes, is amended to
571 read:
572 421.33 Housing applications by farmers.—The owner of any
573 farm operated, or worked upon, by farmers of low income in need
574 of safe and sanitary housing may file an application with a
575 housing authority created for a county, consolidated, or a
576 regional housing authority requesting that it provide for a safe
577 and sanitary dwelling or dwellings for occupancy by such farmers
578 of low income. Such applications shall be received and examined
579 by housing authorities in connection with the formulation of
580 projects or programs to provide housing for farmers of low
581 income. Provided, However, that if it becomes necessary for an
582 applicant under this section to convey any portion of the
583 applicant’s then homestead in order to take advantages as
584 provided herein, then in that event, the parting with title to a
585 portion of said homestead shall not affect the remaining portion
586 of same, but all rights that said owner may have in and to same
587 under and by virtue of the State Constitution of the state or
588 any law passed pursuant thereto, shall be deemed and held to
589 apply to such remaining portion of said land, the title of which
590 remains in said applicant. ; it being the intention of The
591 Legislature intends to permit the owner of any farm operated or
592 worked upon by farmers of low income in need of safe and
593 sanitary housing to take advantage of the provisions of this law
594 without jeopardizing the owner’s their rights in the owner’s
595 their then homestead by reason of any requirement that may be
596 necessary in order for them to receive the benefits herein
597 provided,; and a no court may not shall ever construe that an
598 applicant who has taken advantage of this law has in any manner,
599 shape, or form abandoned his or her rights in any property that
600 is the applicant’s then homestead by virtue of such action upon
601 his or her part, but it shall be held, construed, and deemed
602 that such action upon the part of any applicant hereunder was
603 not any abandonment of the applicant’s then homestead, and that
604 all rights that the applicant then had therein shall be and
605 remain as provided by the State Constitution and any law enacted
606 pursuant thereto.
607 Section 14. Section 422.02, Florida Statutes, is amended to
608 read:
609 422.02 Finding and declaration of necessity.—It has been
610 found and declared in the Housing Authorities Law that there
611 exist in the state unsafe and insanitary housing conditions, and
612 a shortage of safe and sanitary dwelling accommodations, and a
613 lack of access to essential commercial goods and services
614 necessary for daily living for persons of low income; that these
615 conditions necessitate excessive and disproportionate
616 expenditures of public funds for crime prevention and
617 punishment, public health, welfare and safety, fire and accident
618 protection, and other public services and facilities; and that
619 the public interest requires the remedying of these conditions.
620 It is found and declared that the assistance herein provided for
621 the remedying of the conditions set forth in the Housing
622 Authorities Law constitutes a public use and purpose and an
623 essential governmental function for which public moneys may be
624 spent and other aid given; that it is a proper public purpose
625 for any state public body to aid any housing authority operating
626 within its boundaries or jurisdiction or any housing project
627 located therein, as the state public body derives immediate
628 benefits and advantages from such an authority or project; and
629 that the provisions hereinafter enacted are necessary in the
630 public interest.
631 Section 15. Section 422.04, Florida Statutes, is amended to
632 read:
633 422.04 Cooperation in undertaking housing projects.—
634 (1) For the purpose of aiding and cooperating in the
635 planning, undertaking, construction, or operation of housing
636 projects located within the area in which it is authorized to
637 act, any state public body may, upon such terms, with or without
638 consideration, as it may determine:
639 (a) Dedicate, sell, convey, or lease any of its property to
640 a housing authority or the Federal Government.;
641 (b) Cause parks;, playgrounds;, recreational, community,
642 educational, water, sewer, or drainage facilities; commercial
643 projects that allow access to essential commercial goods and
644 services for persons of low income residing in housing projects;
645 or any other works, which it is otherwise empowered to
646 undertake, to be furnished adjacent to or in connection with
647 housing projects.;
648 (c) Furnish, dedicate, close, pave, install, grade,
649 regrade, plan, or replan streets, roads, roadways, alleys,
650 sidewalks, or other places which it is otherwise empowered to
651 undertake.;
652 (d) Plan, or replan, zone, or rezone any part of such state
653 public body; make exceptions from building regulations and
654 ordinances; and, with respect to any city or town, also may
655 change its map.;
656 (e) Enter into agreements, which may extend over any
657 period, notwithstanding any provision or rule of law to the
658 contrary, with a housing authority or the Federal Government
659 respecting action to be taken by such state public body pursuant
660 to any of the powers granted by this chapter.;
661 (f) Do any and all things, necessary or convenient to aid
662 and cooperate in the planning, undertaking, construction, or
663 operation of such housing projects.;
664 (g) Purchase or legally invest in any of the debentures of
665 a housing authority and exercise all of the rights of any holder
666 of such debentures.;
667 (h) Not require any changes to be made in a housing project
668 or the manner of its construction or take any other action
669 relating to such construction with respect to any housing
670 project which a housing authority has acquired or taken over
671 from the Federal Government and which the housing authority by
672 resolution has found and declared to have been constructed in a
673 manner that will promote the public interest and afford
674 necessary safety, sanitation, and other protection., no state
675 public body shall require any changes to be made in the housing
676 project or the manner of its construction or take any other
677 action relating to such construction;
678 (i) Incur the entire expense of In connection with any
679 public improvements made by the a state public body in
680 exercising the powers herein granted, such state public body may
681 incur the entire expense thereof.
682 (2) Any law or statute to the contrary notwithstanding, any
683 sale, conveyance, lease, or agreement provided for in this
684 section may be made by a state public body without appraisal,
685 public notice, advertisement, or public bidding.
686 Section 16. Section 423.01, Florida Statutes, is amended to
687 read:
688 423.01 Finding and declaration of property of tax exemption
689 for housing authorities.—It has been found and declared in the
690 Housing Authorities Law and the Housing Cooperation Law that:
691 (1) There exist in the state housing conditions that which
692 constitute a menace to the health, safety, morals, and welfare
693 of the residents of the state;
694 (2) These conditions necessitate excessive and
695 disproportionate expenditures of public funds for crime
696 prevention and punishment, public health, welfare and safety,
697 fire and accident prevention, and other public services and
698 facilities;
699 (3) The public interest requires the remedying of these
700 conditions by the creation of housing authorities to undertake
701 projects for the slum clearance of blighted areas and for
702 providing safe and sanitary dwelling accommodations and access
703 to essential commercial goods and services necessary for daily
704 living for persons who lack sufficient income to enable them to
705 live in decent, safe, and sanitary dwellings without
706 overcrowding; and
707 (4) Facilities made available by housing authorities to
708 provide access to essential commercial goods and services
709 necessary for daily living for persons of low income residing in
710 housing projects are a critical component of those housing
711 projects and constitute a public use and a governmental
712 function; and
713 (5)(4) Such housing projects, including all property of a
714 housing authority used for or in connection therewith or
715 appurtenant thereto and all property used to provide access to
716 essential commercial goods and services necessary for daily
717 living for persons of low income residing in such housing
718 projects, are exclusively for public uses and municipal purposes
719 and not for profit, and are governmental functions of state
720 concern. As a matter of legislative determination, it is found
721 and declared that the property and debentures of a housing
722 authority are of such character as may be exempt from taxation.
723 Section 17. Section 423.02, Florida Statutes, is amended to
724 read:
725 423.02 Housing projects exempted from taxes and
726 assessments; payments in lieu thereof.—The housing projects,
727 including all property of housing authorities used for or in
728 connection therewith or appurtenant thereto, of housing
729 authorities are shall be exempt from all taxes and special
730 assessments of the state or any city, town, county, or political
731 subdivision of the state., provided, However, that in lieu of
732 such taxes or special assessments, a housing authority may agree
733 to make payments to any city, town, county, or political
734 subdivision of the state for services, improvements, or
735 facilities furnished by such city, town, county, or political
736 subdivision for the benefit of a housing project owned by the
737 housing authority, but in no event shall such payments may not
738 exceed the estimated cost to such city, town, county or
739 political subdivision of the services, improvements, or
740 facilities to be so furnished by the city, town, county, or
741 political subdivision of the state. This section does not exempt
742 the activities or property of a person who provides essential
743 commercial goods and services. However, the real property of a
744 housing authority that is used to provide access to essential
745 commercial goods and services under this chapter is exempt from
746 ad valorem taxes and special assessments.
747 Section 18. Paragraph (f) of subsection (1) of section
748 893.13, Florida Statutes, is amended to read:
749 893.13 Prohibited acts; penalties.—
750 (1)
751 (f) Except as authorized by this chapter, a person may not
752 sell, manufacture, or deliver, or possess with intent to sell,
753 manufacture, or deliver, a controlled substance in, on, or
754 within 1,000 feet of the real property comprising a public
755 housing facility at any time. As used in this section, the term
756 “real property comprising a public housing facility” means real
757 property, as defined in s. 421.03(14) 421.03(12), of a public
758 corporation created as a housing authority pursuant to part I of
759 chapter 421. A person who violates this paragraph with respect
760 to:
761 1. A controlled substance named or described in s.
762 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
763 commits a felony of the first degree, punishable as provided in
764 s. 775.082, s. 775.083, or s. 775.084.
765 2. A controlled substance named or described in s.
766 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
767 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
768 the second degree, punishable as provided in s. 775.082, s.
769 775.083, or s. 775.084.
770 3. Any other controlled substance, except as lawfully sold,
771 manufactured, or delivered, must be sentenced to pay a $500 fine
772 and to serve 100 hours of public service in addition to any
773 other penalty prescribed by law.
774 Section 19. This act shall take effect July 1, 2015.
775
776
777 ================= T I T L E A M E N D M E N T ================
778 And the title is amended as follows:
779 Delete everything before the enacting clause
780 and insert:
781 A bill to be entitled
782 An act relating to housing for low-income persons;
783 amending s. 421.02, F.S.; revising the legislative
784 declaration of necessity; amending s. 421.03, F.S.;
785 redefining terms; defining the terms “blighted” and
786 “essential commercial goods and services”; amending s.
787 421.04, F.S.; prohibiting a housing authority from
788 applying to the Federal Government to seize projects,
789 units, or vouchers of another established housing
790 authority; amending s. 421.05, F.S.; prohibiting
791 specified additional compensation for authority
792 commissioners; amending s. 421.06, F.S.; prohibiting
793 commissioners or employees from acquiring interests in
794 certain commercial projects; requiring commissioners
795 or employees to disclose interests in commercial
796 projects under certain circumstances; amending s.
797 421.08, F.S.; revising the powers of an authority;
798 requiring that revenue received by a housing authority
799 from certain commercial projects be used for
800 affordable housing; conforming a cross-reference;
801 amending s. 421.09, F.S.; conforming a cross
802 reference; amending s. 421.091, F.S.; requiring a full
803 financial accounting and audit of public housing
804 agencies to be submitted to the Federal Government
805 pursuant to certain requirements; exempting housing
806 authorities from specified reporting requirements;
807 amending s. 421.21, F.S.; revising legislative intent;
808 creating s. 421.281, F.S.; creating consolidated
809 housing authorities subject to certain requirements
810 and restrictions; specifying the area of operation of
811 a consolidated housing authority; providing for the
812 appointment of commissioners subject to certain
813 requirements and restrictions; providing that a
814 majority of the commissioners constitutes a quorum;
815 specifying the powers and duties of a consolidated
816 housing authority and the commissioners thereof;
817 amending s. 421.32, F.S.; conforming provisions to
818 changes made by the act; conforming a cross-reference;
819 amending s. 421.321, F.S.; conforming provisions to
820 changes made by the act; amending s. 421.33, F.S.;
821 conforming provisions to changes made by the act;
822 amending s. 422.02, F.S.; providing a finding that
823 there is a lack of access to certain essential
824 commercial goods and services; amending s. 422.04,
825 F.S.; authorizing state public bodies to provide or
826 cause to be provided commercial projects that allow
827 access to certain essential commercial goods and
828 services; amending s. 423.01, F.S.; providing a
829 finding that certain projects for the clearance of
830 blighted areas and access to essential commercial
831 goods and services are required; providing a finding
832 that facilities made available by housing authorities
833 to provide access to essential commercial goods and
834 services are a critical component for housing projects
835 and constitute a public use and governmental function;
836 providing a finding that certain property used to
837 provide access to essential commercial goods and
838 services is exclusively for public uses and municipal
839 purposes; amending s. 423.02, F.S.; providing that the
840 activities or property of a person who provides
841 essential commercial goods and services is not exempt
842 from certain taxes and special assessments; exempting
843 real property of a housing authority which is used to
844 provide access to essential commercial goods and
845 services from ad valorem taxes and special
846 assessments; amending s. 893.13, F.S.; conforming a
847 cross-reference; providing an effective date.
848