CS/HB 665

A bill to be entitled
2An act relating to affordable housing; amending s.
3159.608, F.S.; providing a housing finance authority with
4an additional purpose for which it may exercise its power
5to borrow; amending s. 201.15, F.S.; revising the
6allocation of certain proceeds distributed from the excise
7tax on documents that are paid into the State Treasury to
8the credit of the State Housing Trust Fund; providing for
9retroactive repeal of s. 8, ch. 2009-131, Laws of Florida,
10to eliminate a conflicting version of s. 201.15, F.S.;
11amending s. 420.0003, F.S.; providing additional policy
12guidelines under the state housing strategy for the
13development of programs for housing production or
14rehabilitation; including the needs of persons with
15special needs in the strategy's periodic review and
16report; amending s. 420.0004, F.S.; defining the terms
17"disabling condition" and "person with special needs";
18conforming cross-references; amending s. 420.507, F.S.;
19requiring certain rates of interest to be made available
20to sponsors of projects for persons with special needs;
21providing additional powers of the corporation relating to
22receipt of federal funds; conforming a cross-reference;
23amending s. 420.5087, F.S.; limiting the reservation of
24funds within each notice of fund availability to the
25persons with special needs tenant group; including persons
26with special needs as a tenant group for specified
27purposes of the State Apartment Incentive Loan Program;
28requiring a specified review committee to include projects
29that reserve units for persons with special needs in its
30evaluation and competitive ranking of applications for
31such program; conforming a cross-reference; amending ss.
32163.31771, 212.08, 215.5586, and 420.503, F.S.; conforming
33cross-references; providing legislative intent;
34prohibiting funds from the State Housing Trust Fund or the
35Local Government Housing Trust Fund that are appropriated
36for specified programs from being used for certain
37purposes; providing for future repeal; providing an
38effective date.
40Be It Enacted by the Legislature of the State of Florida:
42     Section 1.  Subsection (11) is added to section 159.608,
43Florida Statutes, to read:
44     159.608  Powers of housing finance authorities.-A housing
45finance authority shall constitute a public body corporate and
46politic, exercising the public and essential governmental
47functions set forth in this act, and shall exercise its power to
48borrow only for the purpose as provided herein:
49     (11)  To invest and reinvest surplus funds of the housing
50finance authority in accordance with s. 218.415. However, in
51addition to the investments expressly authorized in ss.
52218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
53may invest surplus funds in interest-bearing time deposits or
54savings accounts that are fully insured by the Federal Deposit
55Insurance Corporation regardless of whether the bank or
56financial institution in which the deposit or investment is made
57is a qualified public depository as defined in s. 280.02. This
58subsection is supplementary to and may not be construed as
59limiting any powers of a housing finance authority or providing
60or implying a limiting construction of any other statutory
62     Section 2.  Subsections (9), (10), and (13) of section
63201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
6421, and 2009-68, Laws of Florida, are amended to read:
65     201.15  Distribution of taxes collected.-All taxes
66collected under this chapter are subject to the service charge
67imposed in s. 215.20(1). Prior to distribution under this
68section, the Department of Revenue shall deduct amounts
69necessary to pay the costs of the collection and enforcement of
70the tax levied by this chapter. Such costs and the service
71charge may not be levied against any portion of taxes pledged to
72debt service on bonds to the extent that the costs and service
73charge are required to pay any amounts relating to the bonds.
74After distributions are made pursuant to subsection (1), all of
75the costs of the collection and enforcement of the tax levied by
76this chapter and the service charge shall be available and
77transferred to the extent necessary to pay debt service and any
78other amounts payable with respect to bonds authorized before
79January 1, 2010, secured by revenues distributed pursuant to
80subsection (1). All taxes remaining after deduction of costs and
81the service charge shall be distributed as follows:
82     (9)  Seven and fifty-three hundredths The lesser of 7.53
83percent of the remaining taxes or $107 million in each fiscal
84year shall be paid into the State Treasury to the credit of the
85State Housing Trust Fund and used as follows:
86     (a)  Half of that amount shall be used for the purposes for
87which the State Housing Trust Fund was created and exists by
89     (b)  Half of that amount shall be paid into the State
90Treasury to the credit of the Local Government Housing Trust
91Fund and used for the purposes for which the Local Government
92Housing Trust Fund was created and exists by law.
93     (10)  Eight and sixty-six hundredths The lesser of 8.66
94percent of the remaining taxes or $136 million in each fiscal
95year shall be paid into the State Treasury to the credit of the
96State Housing Trust Fund and used as follows:
97     (a)  Twelve and one-half percent of that amount shall be
98deposited into the State Housing Trust Fund and be expended by
99the Department of Community Affairs and by the Florida Housing
100Finance Corporation for the purposes for which the State Housing
101Trust Fund was created and exists by law.
102     (b)  Eighty-seven and one-half percent of that amount shall
103be distributed to the Local Government Housing Trust Fund and
104used for the purposes for which the Local Government Housing
105Trust Fund was created and exists by law. Funds from this
106category may also be used to provide for state and local
107services to assist the homeless.
108     (13)  Beginning July 1, 2008, in each fiscal year that the
109remaining taxes collected under this chapter exceed collections
110in the prior fiscal year, the stated maximum dollar amounts
111provided in subsections (2), (4), (6), and (7), (9), and (10)
112shall each be increased by an amount equal to 10 percent of the
113increase in the remaining taxes collected under this chapter
114multiplied by the applicable percentage provided in those
116     Section 3.  Section 8 of chapter 2009-131, Laws of Florida,
117is repealed, retroactive to June 30, 2009.
118     Section 4.  Paragraph (e) of subsection (3) and paragraph
119(c) of subsection (4) of section 420.0003, Florida Statutes, are
120amended to read:
121     420.0003  State housing strategy.-
122     (3)  POLICIES.-
123     (e)  Housing production or rehabilitation programs.-New
124programs for housing production or rehabilitation shall be
125developed in accordance with the following general guidelines as
126appropriate for the purpose of the specific program:
127     1.  State and local governments shall provide incentives to
128encourage the private sector to be the primary delivery vehicle
129for the development of affordable housing.
130     2.  State funds should be heavily leveraged to achieve the
131maximum local and private commitment of funds while achieving
132the program objectives.
133     3.  To the maximum extent possible, state funds should be
134expended to provide housing units rather than to support program
136     4.  State money should be used, when possible, as loans
137rather than grants.
138     5.  State funds should be available only to local
139governments that provide incentives or financial assistance for
141     6.  State funds should be made available only for projects
142which are consistent with the local government comprehensive
144     7.  State funding for housing should not be made available
145to local governments whose comprehensive plans have been found
146not in compliance with chapter 163 and who have not entered into
147a stipulated settlement agreement with the Department of
148Community Affairs to bring the plan into compliance.
149     8.  Mixed income projects should be encouraged, to avoid a
150concentration of low-income residents in one area or project.
151     9.  Distribution of state housing funds should be flexible
152and consider the regional and local needs, resources, and
153capabilities of housing producers.
154     10.  Distribution of housing funds for multifamily rental
155housing should be administered to address the housing needs of
156persons most in need of housing.
157     11.10.  Income levels used to determine program eligibility
158should be adjusted for family size in determining the
159eligibility of specific beneficiaries.
160     12.11.  To the maximum extent possible, state-owned lands
161that are appropriate for the development of affordable housing
162shall be made available for that purpose.
163     (4)  IMPLEMENTATION.-The Department of Community Affairs
164and the Florida Housing Finance Corporation in carrying out the
165strategy articulated herein shall have the following duties:
166     (c)  The Shimberg Center for Affordable Housing, in
167consultation with the Department of Community Affairs and the
168Florida Housing Finance Corporation, shall review and evaluate
169existing housing rehabilitation, production, and finance
170programs to determine their consistency with relevant policies
171in this section and identify the needs of specific populations,
172including, but not limited to, elderly persons, and handicapped
173persons, and persons with special needs, and shall recommend
174statutory modifications where appropriate. The Shimberg Center
175for Affordable Housing, in consultation with the Department of
176Community Affairs and the corporation, shall also evaluate the
177degree of coordination between state housing programs, and
178between state, federal, and local housing activities, and shall
179recommend improved program linkages. The recommendations
180required above and a report of any programmatic modifications
181made as a result of these policies shall be included in the
182housing report required by s. 420.6075, beginning December 31,
1831991, and every 5 years thereafter.
184     Section 5.  Section 420.0004, Florida Statutes, is amended
185to read:
186     420.0004  Definitions.-As used in this part, unless the
187context otherwise indicates:
188     (1)  "Adjusted for family size" means adjusted in a manner
189which results in an income eligibility level which is lower for
190households with fewer than four people, or higher for households
191with more than four people, than the base income eligibility
192determined as provided in subsection (9) (8), subsection (11)
193(10), subsection (12) (11), or subsection (17) (15), based upon
194a formula as established by the United States Department of
195Housing and Urban Development.
196     (2)  "Adjusted gross income" means all wages, assets,
197regular cash or noncash contributions or gifts from persons
198outside the household, and such other resources and benefits as
199may be determined to be income by the United States Department
200of Housing and Urban Development, adjusted for family size, less
201deductions allowable under s. 62 of the Internal Revenue Code.
202     (3)  "Affordable" means that monthly rents or monthly
203mortgage payments including taxes, insurance, and utilities do
204not exceed 30 percent of that amount which represents the
205percentage of the median adjusted gross annual income for the
206households as indicated in subsection (9) (8), subsection (11)
207(10), subsection (12) (11), or subsection (17) (15).
208     (4)  "Corporation" means the Florida Housing Finance
210     (5)  "Community-based organization" or "nonprofit
211organization" means a private corporation organized under
212chapter 617 to assist in the provision of housing and related
213services on a not-for-profit basis and which is acceptable to
214federal and state agencies and financial institutions as a
215sponsor of low-income housing.
216     (6)  "Department" means the Department of Community
218     (7)  "Disabling condition" means a diagnosable substance
219abuse disorder, serious mental illness, developmental
220disability, or chronic physical illness or disability, or the
221co-occurrence of two or more of these conditions, and a
222determination that the condition is:
223     (a)  Expected to be of long-continued and indefinite
224duration; and
225     (b)  Not expected to impair the ability of the person with
226special needs to live independently with appropriate supports.
227     (8)(7)  "Elderly" describes persons 62 years of age or
229     (9)(8)  "Extremely-low-income persons" means one or more
230natural persons or a family whose total annual household income
231does not exceed 30 percent of the median annual adjusted gross
232income for households within the state. The Florida Housing
233Finance Corporation may adjust this amount annually by rule to
234provide that in lower income counties, extremely low income may
235exceed 30 percent of area median income and that in higher
236income counties, extremely low income may be less than 30
237percent of area median income.
238     (10)(9)  "Local public body" means any county,
239municipality, or other political subdivision, or any housing
240authority as provided by chapter 421, which is eligible to
241sponsor or develop housing for farmworkers and very-low-income
242and low-income persons within its jurisdiction.
243     (11)(10)  "Low-income persons" means one or more natural
244persons or a family, the total annual adjusted gross household
245income of which does not exceed 80 percent of the median annual
246adjusted gross income for households within the state, or 80
247percent of the median annual adjusted gross income for
248households within the metropolitan statistical area (MSA) or, if
249not within an MSA, within the county in which the person or
250family resides, whichever is greater.
251     (12)(11)  "Moderate-income persons" means one or more
252natural persons or a family, the total annual adjusted gross
253household income of which is less than 120 percent of the median
254annual adjusted gross income for households within the state, or
255120 percent of the median annual adjusted gross income for
256households within the metropolitan statistical area (MSA) or, if
257not within an MSA, within the county in which the person or
258family resides, whichever is greater.
259     (13)  "Person with special needs" means an adult person
260requiring independent living services in order to maintain
261housing or develop independent living skills and who has a
262disabling condition; a young adult formerly in foster care who
263is eligible for services under s. 409.1451(5); a survivor of
264domestic violence as defined in s. 741.28; or a person receiving
265benefits under the Social Security Disability Insurance (SSDI)
266program or the Supplemental Security Income (SSI) program or
267from veterans' disability benefits.
268     (14)(12)  "Student" means any person not living with his or
269her parent or guardian who is eligible to be claimed by his or
270her parent or guardian as a dependent under the federal income
271tax code and who is enrolled on at least a half-time basis in a
272secondary school, career center, community college, college, or
274     (15)(13)  "Substandard" means:
275     (a)  Any unit lacking complete plumbing or sanitary
276facilities for the exclusive use of the occupants;
277     (b)  A unit which is in violation of one or more major
278sections of an applicable housing code and where such violation
279poses a serious threat to the health of the occupant; or
280     (c)  A unit that has been declared unfit for human
281habitation but that could be rehabilitated for less than 50
282percent of the property value.
283     (16)(14)  "Substantial rehabilitation" means repair or
284restoration of a dwelling unit where the value of such repair or
285restoration exceeds 40 percent of the value of the dwelling.
286     (17)(15)  "Very-low-income persons" means one or more
287natural persons or a family, not including students, the total
288annual adjusted gross household income of which does not exceed
28950 percent of the median annual adjusted gross income for
290households within the state, or 50 percent of the median annual
291adjusted gross income for households within the metropolitan
292statistical area (MSA) or, if not within an MSA, within the
293county in which the person or family resides, whichever is
295     Section 6.  Paragraph (a) of subsection (22) and
296subsections (33) and (46) of section 420.507, Florida Statutes,
297are amended to read:
298     420.507  Powers of the corporation.-The corporation shall
299have all the powers necessary or convenient to carry out and
300effectuate the purposes and provisions of this part, including
301the following powers which are in addition to all other powers
302granted by other provisions of this part:
303     (22)  To develop and administer the State Apartment
304Incentive Loan Program. In developing and administering that
305program, the corporation may:
306     (a)  Make first, second, and other subordinated mortgage
307loans including variable or fixed rate loans subject to
308contingent interest for all State Apartment Incentive Loans
309provided in this chapter based upon available cash flow of the
310projects. The corporation shall make loans exceeding 25 percent
311of project cost only to nonprofit organizations and public
312bodies that are able to secure grants, donations of land, or
313contributions from other sources and to projects meeting the
314criteria of subparagraph 1. Mortgage loans shall be made
315available at the following rates of interest:
316     1.  Zero to 3 percent interest for sponsors of projects
317that set aside at least 80 percent of their total units for
318residents qualifying as farmworkers, commercial fishing workers,
319or the homeless as defined in s. 420.621, or persons with
320special needs as defined in s. 420.0004(13) over the life of the
322     2.  Zero to 3 percent interest based on the pro rata share
323of units set aside for homeless residents or persons with
324special needs if the total of such units is less than 80 percent
325of the units in the borrower's project.
326     3.  One to 9 percent interest for sponsors of projects
327targeted at populations other than farmworkers, commercial
328fishing workers, or the homeless, or persons with special needs.
329     (33)  To receive federal funding in connection with the
330corporation's programs directly from the Federal Government and
331to receive federal funds for which no corresponding program has
332been created in statute and establish selection criteria for
333such funds by request for proposals or other competitive
335     (46)  To require, as a condition of financing a multifamily
336rental project, that an agreement be recorded in the official
337records of the county where the real property is located, which
338requires that the project be used for housing defined as
339affordable in s. 420.0004(3) by persons defined in s.
340420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
341agreement is a state land use regulation that limits the highest
342and best use of the property within the meaning of s.
344     Section 7.  Subsection (3) and paragraph (c) of subsection
345(6) of section 420.5087, Florida Statutes, are amended to read:
346     420.5087  State Apartment Incentive Loan Program.-There is
347hereby created the State Apartment Incentive Loan Program for
348the purpose of providing first, second, or other subordinated
349mortgage loans or loan guarantees to sponsors, including for-
350profit, nonprofit, and public entities, to provide housing
351affordable to very-low-income persons.
352     (3)  During the first 6 months of loan or loan guarantee
353availability, program funds shall be reserved for use by
354sponsors who provide the housing set-aside required in
355subsection (2) for the tenant groups designated in this
356subsection. The reservation of funds to each of these groups
357shall be determined using the most recent statewide very-low-
358income rental housing market study available at the time of
359publication of each notice of fund availability required by
360paragraph (6)(b). The reservation of funds within each notice of
361fund availability to the tenant groups in paragraphs (a), (b),
362and (e) (d) may not be less than 10 percent of the funds
363available at that time. Any increase in funding required to
364reach the 10-percent minimum must be taken from the tenant group
365that has the largest reservation. The reservation of funds
366within each notice of fund availability to the tenant group in
367paragraph (c) may not be less than 5 percent of the funds
368available at that time. The reservation of funds within each
369notice of fund availability to the tenant group in paragraph (d)
370may not be more than 10 percent of the funds available at that
371time. The tenant groups are:
372     (a)  Commercial fishing workers and farmworkers;
373     (b)  Families;
374     (c)  Persons who are homeless;
375     (d)  Persons with special needs; and
376     (e)(d)  Elderly persons. Ten percent of the amount reserved
377for the elderly shall be reserved to provide loans to sponsors
378of housing for the elderly for the purpose of making building
379preservation, health, or sanitation repairs or improvements
380which are required by federal, state, or local regulation or
381code, or lifesafety or security-related repairs or improvements
382to such housing. Such a loan may not exceed $750,000 per housing
383community for the elderly. In order to receive the loan, the
384sponsor of the housing community must make a commitment to match
385at least 5 percent of the loan amount to pay the cost of such
386repair or improvement. The corporation shall establish the rate
387of interest on the loan, which may not exceed 3 percent, and the
388term of the loan, which may not exceed 15 years; however, if the
389lien of the corporation's encumbrance is subordinate to the lien
390of another mortgagee, then the term may be made coterminous with
391the longest term of the superior lien. The term of the loan
392shall be based on a credit analysis of the applicant. The
393corporation may forgive indebtedness for a share of the loan
394attributable to the units in a project reserved for extremely-
395low-income elderly by nonprofit organizations, as defined in s.
396420.0004(5), where the project has provided affordable housing
397to the elderly for 15 years or more. The corporation shall
398establish, by rule, the procedure and criteria for receiving,
399evaluating, and competitively ranking all applications for loans
400under this paragraph. A loan application must include evidence
401of the first mortgagee's having reviewed and approved the
402sponsor's intent to apply for a loan. A nonprofit organization
403or sponsor may not use the proceeds of the loan to pay for
404administrative costs, routine maintenance, or new construction.
405     (6)  On all state apartment incentive loans, except loans
406made to housing communities for the elderly to provide for
407lifesafety, building preservation, health, sanitation, or
408security-related repairs or improvements, the following
409provisions shall apply:
410     (c)  The corporation shall provide by rule for the
411establishment of a review committee composed of the department
412and corporation staff and shall establish by rule a scoring
413system for evaluation and competitive ranking of applications
414submitted in this program, including, but not limited to, the
415following criteria:
416     1.  Tenant income and demographic targeting objectives of
417the corporation.
418     2.  Targeting objectives of the corporation which will
419ensure an equitable distribution of loans between rural and
420urban areas.
421     3.  Sponsor's agreement to reserve the units for persons or
422families who have incomes below 50 percent of the state or local
423median income, whichever is higher, for a time period to exceed
424the minimum required by federal law or the provisions of this
426     4.  Sponsor's agreement to reserve more than:
427     a.  Twenty percent of the units in the project for persons
428or families who have incomes that do not exceed 50 percent of
429the state or local median income, whichever is higher; or
430     b.  Forty percent of the units in the project for persons
431or families who have incomes that do not exceed 60 percent of
432the state or local median income, whichever is higher, without
433requiring a greater amount of the loans as provided in this
435     5.  Provision for tenant counseling.
436     6.  Sponsor's agreement to accept rental assistance
437certificates or vouchers as payment for rent.
438     7.  Projects requiring the least amount of a state
439apartment incentive loan compared to overall project cost except
440that the share of the loan attributable to units serving
441extremely-low-income persons shall be excluded from this
443     8.  Local government contributions and local government
444comprehensive planning and activities that promote affordable
446     9.  Project feasibility.
447     10.  Economic viability of the project.
448     11.  Commitment of first mortgage financing.
449     12.  Sponsor's prior experience, including whether the
450developer and general contractor have substantial experience, as
451provided in s. 420.507(47).
452     13.  Sponsor's ability to proceed with construction.
453     14.  Projects that directly implement or assist welfare-to-
454work transitioning.
455     15.  Projects that reserve units for extremely-low-income
457     16.  Projects that include green building principles,
458storm-resistant construction, or other elements that reduce
459long-term costs relating to maintenance, utilities, or
461     17.  Domicile of the developer and general contractor, as
462provided in s. 420.507(47).
463     18.  Projects that reserve units for persons with special
464needs, provided services for such persons are available to the
466     Section 8.  Paragraphs (d), (e), (f), and (g) of subsection
467(2) of section 163.31771, Florida Statutes, are amended to read:
468     163.31771  Accessory dwelling units.-
469     (2)  As used in this section, the term:
470     (d)  "Low-income persons" has the same meaning as in s.
472     (e)  "Moderate-income persons" has the same meaning as in
473s. 420.0004(12)(11).
474     (f)  "Very-low-income persons" has the same meaning as in
475s. 420.0004(17)(15).
476     (g)  "Extremely-low-income persons" has the same meaning as
477in s. 420.0004(9)(8).
478     Section 9.  Paragraph (o) of subsection (5) of section
479212.08, Florida Statutes, is amended to read:
480     212.08  Sales, rental, use, consumption, distribution, and
481storage tax; specified exemptions.-The sale at retail, the
482rental, the use, the consumption, the distribution, and the
483storage to be used or consumed in this state of the following
484are hereby specifically exempt from the tax imposed by this
487     (o)  Building materials in redevelopment projects.-
488     1.  As used in this paragraph, the term:
489     a.  "Building materials" means tangible personal property
490that becomes a component part of a housing project or a mixed-
491use project.
492     b.  "Housing project" means the conversion of an existing
493manufacturing or industrial building to housing units in an
494urban high-crime area, enterprise zone, empowerment zone, Front
495Porch Community, designated brownfield area, or urban infill
496area and in which the developer agrees to set aside at least 20
497percent of the housing units in the project for low-income and
498moderate-income persons or the construction in a designated
499brownfield area of affordable housing for persons described in
500s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
502     c.  "Mixed-use project" means the conversion of an existing
503manufacturing or industrial building to mixed-use units that
504include artists' studios, art and entertainment services, or
505other compatible uses. A mixed-use project must be located in an
506urban high-crime area, enterprise zone, empowerment zone, Front
507Porch Community, designated brownfield area, or urban infill
508area, and the developer must agree to set aside at least 20
509percent of the square footage of the project for low-income and
510moderate-income housing.
511     d.  "Substantially completed" has the same meaning as
512provided in s. 192.042(1).
513     2.  Building materials used in the construction of a
514housing project or mixed-use project are exempt from the tax
515imposed by this chapter upon an affirmative showing to the
516satisfaction of the department that the requirements of this
517paragraph have been met. This exemption inures to the owner
518through a refund of previously paid taxes. To receive this
519refund, the owner must file an application under oath with the
520department which includes:
521     a.  The name and address of the owner.
522     b.  The address and assessment roll parcel number of the
523project for which a refund is sought.
524     c.  A copy of the building permit issued for the project.
525     d.  A certification by the local building code inspector
526that the project is substantially completed.
527     e.  A sworn statement, under penalty of perjury, from the
528general contractor licensed in this state with whom the owner
529contracted to construct the project, which statement lists the
530building materials used in the construction of the project and
531the actual cost thereof, and the amount of sales tax paid on
532these materials. If a general contractor was not used, the owner
533shall provide this information in a sworn statement, under
534penalty of perjury. Copies of invoices evidencing payment of
535sales tax must be attached to the sworn statement.
536     3.  An application for a refund under this paragraph must
537be submitted to the department within 6 months after the date
538the project is deemed to be substantially completed by the local
539building code inspector. Within 30 working days after receipt of
540the application, the department shall determine if it meets the
541requirements of this paragraph. A refund approved pursuant to
542this paragraph shall be made within 30 days after formal
543approval of the application by the department.
544     4.  The department shall establish by rule an application
545form and criteria for establishing eligibility for exemption
546under this paragraph.
547     5.  The exemption shall apply to purchases of materials on
548or after July 1, 2000.
549     Section 10.  Paragraphs (a) and (g) of subsection (2) of
550section 215.5586, Florida Statutes, are amended to read:
551     215.5586  My Safe Florida Home Program.-There is
552established within the Department of Financial Services the My
553Safe Florida Home Program. The department shall provide fiscal
554accountability, contract management, and strategic leadership
555for the program, consistent with this section. This section does
556not create an entitlement for property owners or obligate the
557state in any way to fund the inspection or retrofitting of
558residential property in this state. Implementation of this
559program is subject to annual legislative appropriations. It is
560the intent of the Legislature that the My Safe Florida Home
561Program provide trained and certified inspectors to perform
562inspections for owners of site-built, single-family, residential
563properties and grants to eligible applicants as funding allows.
564The program shall develop and implement a comprehensive and
565coordinated approach for hurricane damage mitigation that may
566include the following:
567     (2)  MITIGATION GRANTS.-Financial grants shall be used to
568encourage single-family, site-built, owner-occupied, residential
569property owners to retrofit their properties to make them less
570vulnerable to hurricane damage.
571     (a)  For a homeowner to be eligible for a grant, the
572following criteria must be met:
573     1.  The homeowner must have been granted a homestead
574exemption on the home under chapter 196.
575     2.  The home must be a dwelling with an insured value of
576$300,000 or less. Homeowners who are low-income persons, as
577defined in s. 420.0004(11)(10), are exempt from this
579     3.  The home must have undergone an acceptable hurricane
580mitigation inspection after May 1, 2007.
581     4.  The home must be located in the "wind-borne debris
582region" as that term is defined in s. 1609.2, International
583Building Code (2006), or as subsequently amended.
584     5.  The building permit application for initial
585construction of the home must have been made before March 1,
588An application for a grant must contain a signed or
589electronically verified statement made under penalty of perjury
590that the applicant has submitted only a single application and
591must have attached documents demonstrating the applicant meets
592the requirements of this paragraph.
593     (g)  Low-income homeowners, as defined in s.
594420.0004(11)(10), who otherwise meet the requirements of
595paragraphs (a), (c), (e), and (f) are eligible for a grant of up
596to $5,000 and are not required to provide a matching amount to
597receive the grant. Additionally, for low-income homeowners,
598grant funding may be used for repair to existing structures
599leading to any of the mitigation improvements provided in
600paragraph (e), limited to 20 percent of the grant value. The
601program may accept a certification directly from a low-income
602homeowner that the homeowner meets the requirements of s.
603420.0004(11)(10) if the homeowner provides such certification in
604a signed or electronically verified statement made under penalty
605of perjury.
606     Section 11.  Subsection (19) of section 420.503, Florida
607Statutes, is amended to read:
608     420.503  Definitions.-As used in this part, the term:
609     (19)  "Housing for the elderly" means, for purposes of s.
610420.5087(3)(e)(d), any nonprofit housing community that is
611financed by a mortgage loan made or insured by the United States
612Department of Housing and Urban Development under s. 202, s. 202
613with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
614National Housing Act, as amended, and that is subject to income
615limitations established by the United States Department of
616Housing and Urban Development, or any program funded by the
617Rural Development Agency of the United States Department of
618Agriculture and subject to income limitations established by the
619United States Department of Agriculture. A project which
620qualifies for an exemption under the Fair Housing Act as housing
621for older persons as defined by s. 760.29(4) shall qualify as
622housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
623for purposes of any loans made pursuant to s. 420.508. In
624addition, if the corporation adopts a qualified allocation plan
625pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
626other rules that prioritize projects targeting the elderly for
627purposes of allocating tax credits pursuant to s. 420.5099 or
628for purposes of the HOME program under s. 420.5089, a project
629which qualifies for an exemption under the Fair Housing Act as
630housing for older persons as defined by s. 760.29(4) shall
631qualify as a project targeted for the elderly, if the project
632satisfies the other requirements set forth in this part.
633     Section 12.  (1)  The Legislature finds that due to the
634current economic conditions in the housing market there is a
635critical need to rehabilitate or sell excess inventory of unsold
636homes, including foreclosed homes and newly constructed homes,
637as well as a critical need for the rehabilitation and
638preservation of older, affordable apartments. The Legislature
639further finds that there is a critical need to create housing-
640related jobs and that these conditions require the targeting of
641state and local housing trust fund moneys to assist in the sale
642or rehabilitation of existing homes and the preservation and
643rehabilitation of older rental apartments.
644     (2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
645420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
646(5)(b), Florida Statutes, funds from the State Housing Trust
647Fund or the Local Government Housing Trust Fund that are
648appropriated for use in the State Apartment Incentive Loan
649Program, Florida Homeownership Assistance Program, Community
650Workforce Housing Innovation Pilot Program, or the State Housing
651Initiatives Partnership Program may not be used to:
652     (a)  Finance or otherwise assist the construction or
653purchase of housing sold to eligible individuals, unless the
654housing unit being sold had an initial certificate of occupancy
655prior to December 31, 2009; or
656     (b)  Finance or otherwise assist in the construction or
657purchase of rental housing, unless the development being
658financed or assisted received its initial certificate of
659occupancy prior to December 31, 1995.
661Nothing in this section restricts the use of such funds to
662assist with the purchase of newly constructed homes that were
663completed prior to December 31, 2009, or the acquisition and
664rehabilitation of apartments that received their initial
665certificate of occupancy prior to December 31, 1995. The use of
666such funds is subject to the restrictions of the program under
667which the funding is made available.
668     (3)  This section expires July 1, 2011.
669     Section 13.  This act shall take effect July 1, 2010.

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

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