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Senate Bill 3002

Senate Bill sb3002c1

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    Florida Senate - 2004                           CS for SB 3002

    By the Committee on Comprehensive Planning; and Senators
    Bennett and Wise




    316-2616-04

  1                      A bill to be entitled

  2         An act relating to affordable housing;

  3         providing a popular name; creating s. 193.017,

  4         F.S.; providing for a low-income housing tax

  5         credit for certain property used for affordable

  6         housing; providing criteria, restrictions, and

  7         limitations; amending s. 212.08, F.S.;

  8         requiring the Office of Tourism, Trade, and

  9         Economic Development to reserve portions of

10         certain annual tax credits for eligible

11         sponsors of certain low-income housing

12         projects; providing requirements, criteria, and

13         limitations; extending an expiration date;

14         amending s. 220.03, F.S.; revising a definition

15         to delete a provision authorizing the office to

16         reserve certain portions of available annual

17         tax credits for certain low-income housing

18         purposes; extending an expiration date;

19         amending s. 220.183, F.S.; increasing the

20         amount of available annual community

21         contribution tax credits; revising eligibility

22         criteria; requiring the Office of Tourism,

23         Trade, and Economic Development to reserve

24         portions of certain annual tax credits for

25         eligible sponsors of certain low-income housing

26         projects; providing requirements, criteria, and

27         limitations; extending an expiration date;

28         amending s. 253.034, F.S.; including affordable

29         housing under provisions governing permittable

30         uses of certain surplus state-owned lands;

31         amending s. 420.0003, F.S.; providing

                                  1

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1         additional criteria for the affordable housing

 2         delivery system under the state housing

 3         strategy; amending s. 420.507, F.S.; revising

 4         powers of the Florida Housing Finance

 5         Corporation to provide additional criteria and

 6         requirements for certain housing projects;

 7         providing additional powers to promote single

 8         family homeownership, implement a program to

 9         provide financial assistance toward purchasing

10         a home, establish a program of incentives to

11         defer, reduce, or waive impact fees for certain

12         persons for certain purposes, and establish

13         requirements for reporting certain information

14         relating to programs of the corporation;

15         amending s. 420.508, F.S.; providing the

16         corporation with special powers to provide for

17         master lease agreements for farmworker housing

18         developments for certain purposes; amending s.

19         420.5087, F.S.; increasing a cap for loans per

20         housing community for the elderly; revising a

21         criterion for state apartment incentive loans;

22         amending s. 420.511, F.S.; providing additional

23         requirements for an annual report by the

24         corporation; amending s. 420.5092, F.S.;

25         requiring the corporation to provide an annual

26         assessment report of the Florida Affordable

27         Housing Guarantee Program; amending s. 420.517,

28         F.S.; requiring the corporation to coordinate

29         the provision of affordable housing and support

30         services for low-income residents; providing

31         for state and regional partnerships for such

                                  2

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1         purposes; providing reporting requirements;

 2         amending s. 420.9072, F.S.; providing

 3         additional legislative intent relating to local

 4         government affordable housing advisory

 5         committees; amending s. 420.9075, F.S.;

 6         prohibiting local governments from setting

 7         maximum sales prices below certain amounts;

 8         providing a limitation; amending s. 420.9076,

 9         F.S.; providing for a minimum number of

10         affordable housing advisory committee members;

11         providing a criterion for additional members;

12         requiring counties and municipalities

13         participating in the State Housing Initiative

14         Partnership Program to maintain an operational

15         advisory committee; providing additional

16         recommendation requirements for such advisory

17         committees; providing additional duties of the

18         advisory committees; amending s. 421.02, F.S.;

19         revising a legislative declaration relating to

20         blighted areas; amending s. 421.08, F.S.;

21         authorizing certain housing authorities to

22         create business entities for certain purposes;

23         providing requirements and limitations;

24         authorizing such authorities to provide for per

25         diem, travel, and other expenses; amending s.

26         421.09, F.S.; providing construction; amending

27         s. 421.23, F.S.; revising a limitation on

28         financial liabilities of such authorities;

29         amending s. 624.5105, F.S.; increasing the

30         amount of available annual community

31         contribution tax credits; revising eligibility

                                  3

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1         criteria; requiring the Office of Tourism,

 2         Trade, and Economic Development to reserve

 3         portions of certain annual tax credits for

 4         eligible sponsors of certain low-income housing

 5         projects; providing requirements, criteria, and

 6         limitations; extending an expiration date;

 7         repealing s. 421.54, F.S., relating to housing

 8         authorities in Orange County and Seminole

 9         County; providing appropriations; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  This act may be referred to by the popular

15  name the "Florida Homeownership Act of 2004."

16         Section 2.  Section 193.017, Florida Statutes, is

17  created to read:

18         193.017  Low-income housing tax credit.--Property used

19  for affordable housing which has received a low-income housing

20  tax credit from the Florida Housing Finance Corporation, as

21  authorized by s. 420.5099, shall be assessed under s. 193.011

22  and consistent with s. 420.5099(5) and (6), pursuant to this

23  section.

24         (1)  The tax credits and the financing generated by the

25  tax credits may not be considered as income to the property.

26         (2)  The actual rental income from rent-restricted

27  units in such a property shall be recognized by the property

28  appraiser.

29         (3)  Any costs paid for by tax credits and costs paid

30  for by additional financing proceeds received under chapter

31  420 may not be included in the valuation of the property.

                                  4

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1         (4)  If an extended low-income housing agreement is

 2  filed in the official public records of the county in which

 3  the property is located, the agreement and any recorded

 4  amendment  or supplement thereto shall be considered a land

 5  use regulation and a limitation on the highest and best use of

 6  the property during the term of the agreement, amendment, or

 7  supplement.

 8         Section 3.  Paragraph (q) of subsection (5) of section

 9  212.08, Florida Statutes, is amended to read:

10         212.08  Sales, rental, use, consumption, distribution,

11  and storage tax; specified exemptions.--The sale at retail,

12  the rental, the use, the consumption, the distribution, and

13  the storage to be used or consumed in this state of the

14  following are hereby specifically exempt from the tax imposed

15  by this chapter.

16         (5)  EXEMPTIONS; ACCOUNT OF USE.--

17         (q)  Community contribution tax credit for donations.--

18         1.  Authorization.--Beginning July 1, 2001, persons who

19  are registered with the department under s. 212.18 to collect

20  or remit sales or use tax and who make donations to eligible

21  sponsors are eligible for tax credits against their state

22  sales and use tax liabilities as provided in this paragraph:

23         a.  The credit shall be computed as 50 percent of the

24  person's approved annual community contribution;

25         b.  The credit shall be granted as a refund against

26  state sales and use taxes reported on returns and remitted in

27  the 12 months preceding the date of application to the

28  department for the credit as required in sub-subparagraph 3.c.

29  If the annual credit is not fully used through such refund

30  because of insufficient tax payments during the applicable

31  12-month period, the unused amount may be included in an

                                  5

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1  application for a refund made pursuant to sub-subparagraph

 2  3.c. in subsequent years against the total tax payments made

 3  for such year. Carryover credits may be applied for a 3-year

 4  period without regard to any time limitation that would

 5  otherwise apply under s. 215.26;

 6         c.  No person shall receive more than $200,000 in

 7  annual tax credits for all approved community contributions

 8  made in any one year;

 9         d.  All proposals for the granting of the tax credit

10  shall require the prior approval of the Office of Tourism,

11  Trade, and Economic Development;

12         e.  The total amount of tax credits which may be

13  granted for all programs approved under this paragraph, s.

14  220.183, and s. 624.5105 is $20 $10 million annually; and

15         f.  A person who is eligible to receive the credit

16  provided for in this paragraph, s. 220.183, or s. 624.5105 may

17  receive the credit only under the one section of the person's

18  choice.

19         2.  Eligibility requirements.--

20         a.  A community contribution by a person must be in the

21  following form:

22         (I)  Cash or other liquid assets;

23         (II)  Real property;

24         (III)  Goods or inventory; or

25         (IV)  Other physical resources as identified by the

26  Office of Tourism, Trade, and Economic Development.

27         b.  All community contributions must be reserved

28  exclusively for use in a project. As used in this

29  sub-subparagraph, the term "project" means any activity

30  undertaken by an eligible sponsor which is designed to

31  construct, improve, or substantially rehabilitate housing that

                                  6

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1  is affordable to low-income or very-low-income households as

 2  defined in s. 420.9071(19) and (28); designed to provide

 3  commercial, industrial, or public resources and facilities; or

 4  designed to improve entrepreneurial and job-development

 5  opportunities for low-income persons. A project may be the

 6  investment necessary to increase access to high-speed

 7  broadband capability in rural communities with enterprise

 8  zones, including projects that result in improvements to

 9  communications assets that are owned by a business. A project

10  may include the provision of museum educational programs and

11  materials that are directly related to any project approved

12  between January 1, 1996, and December 31, 1999, and located in

13  an enterprise zone as referenced in s. 290.00675. This

14  paragraph does not preclude projects that propose to construct

15  or rehabilitate housing for low-income or very-low-income

16  households on scattered sites. The Office of Tourism, Trade,

17  and Economic Development may reserve up to 50 percent of the

18  available annual tax credits for housing for very-low-income

19  households pursuant to s. 420.9071(28) for the first 6 months

20  of the fiscal year. With respect to housing, contributions may

21  be used to pay the following eligible low-income and

22  very-low-income housing-related activities:

23         (I)  Project development impact and management fees for

24  low-income or very-low-income housing projects;

25         (II)  Down payment and closing costs for eligible

26  persons, as defined in s. 420.9071(19) and (28);

27         (III)  Administrative costs, including housing

28  counseling and marketing fees, not to exceed 10 percent of the

29  community contribution, directly related to low-income or

30  very-low-income projects; and

31  

                                  7

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1         (IV)  Removal of liens recorded against residential

 2  property by municipal, county, or special district local

 3  governments when satisfaction of the lien is a necessary

 4  precedent to the transfer of the property to an eligible

 5  person, as defined in s. 420.9071(19) and (28), for the

 6  purpose of promoting home ownership. Contributions for lien

 7  removal must be received from a nonrelated third party.

 8         c.  The project must be undertaken by an "eligible

 9  sponsor," which includes:

10         (I)  A community action program;

11         (II)  A nonprofit community-based development

12  organization whose mission is the provision of housing for

13  low-income or very-low-income households or increasing

14  entrepreneurial and job-development opportunities for

15  low-income persons;

16         (III)  A neighborhood housing services corporation;

17         (IV)  A local housing authority created under chapter

18  421;

19         (V)  A community redevelopment agency created under s.

20  163.356;

21         (VI)  The Florida Industrial Development Corporation;

22         (VII)  A historic preservation district agency or

23  organization;

24         (VIII)  A regional workforce board;

25         (IX)  A direct-support organization as provided in s.

26  1009.983;

27         (X)  An enterprise zone development agency created

28  under s. 290.0056;

29         (XI)  A community-based organization incorporated under

30  chapter 617 which is recognized as educational, charitable, or

31  scientific pursuant to s. 501(c)(3) of the Internal Revenue

                                  8

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    Florida Senate - 2004                           CS for SB 3002
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 1  Code and whose bylaws and articles of incorporation include

 2  affordable housing, economic development, or community

 3  development as the primary mission of the corporation;

 4         (XII)  Units of local government;

 5         (XIII)  Units of state government; or

 6         (XIV)  Any other agency that the Office of Tourism,

 7  Trade, and Economic Development designates by rule.

 8  

 9  In no event may a contributing person have a financial

10  interest in the eligible sponsor.

11         d.  The project must be located in an area designated

12  an enterprise zone or a Front Porch Florida Community pursuant

13  to s. 14.2015(9)(b), unless the project increases access to

14  high-speed broadband capability for rural communities with

15  enterprise zones but is physically located outside the

16  designated rural zone boundaries. Any project designed to

17  construct or rehabilitate housing for low-income or

18  very-low-income households as defined in s. 420.0971(19) and

19  (28) is exempt from the area requirement of this

20  sub-subparagraph.

21         e.(I)  The Office of Tourism, Trade, and Economic

22  Development shall reserve 80 percent of the available annual

23  tax credits for donations made to eligible sponsors for

24  projects that provide homeownership opportunities to

25  low-income or very-low-income households pursuant to s.

26  420.9071(19) and (28) for the first 2 months of the fiscal

27  year. If less than 80 percent of the annual tax credits for

28  donations made to eligible sponsors for projects for

29  low-income or very-low-income households are approved within

30  the first 2 months of the fiscal year, the office may approve

31  the balance of available credits for donations made to

                                  9

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1  eligible sponsors for projects other than those that provide

 2  homeownership opportunities for low-income or very-low-income

 3  households.

 4         (II)  The office shall reserve 20 percent of the

 5  available annual tax credits for donations made to eligible

 6  sponsors for projects other than those that provide

 7  homeownership opportunities for low-income or very-low-income

 8  households pursuant to s. 420.9071(19) and (28) for the first

 9  2 months of the fiscal year. If less than 20 percent of the

10  annual tax credits for donations made to eligible sponsors for

11  projects other than those that provide homeownership

12  opportunities for low-income or very-low-income households are

13  approved within the first 2 months of the fiscal year, the

14  office may approve the balance of available credits for

15  donations made to eligible sponsors for projects that provide

16  homeownership opportunities for low-income or very-low-income

17  households.

18         (III)  If, during the first 10 business days of the

19  state fiscal year, tax credit applications are received for

20  more than 80 percent of available annual tax credits from

21  eligible sponsors for projects that provide homeownership

22  opportunities for low-income or very-low-income households,

23  the office shall grant the tax credits for such applications

24  as follows:

25         (A)  If an eligible sponsor submits tax credit

26  applications which in total do not exceed $200,000, the

27  credits shall be granted in full if the tax credit

28  applications are approved and subject to the provisions of

29  sub-sub-subparagraph (I).

30         (B)  If an eligible sponsor submits tax credit

31  applications which, in total, equal or exceed $200,000, the

                                  10

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    Florida Senate - 2004                           CS for SB 3002
    316-2616-04




 1  amount of tax credit granted pursuant to

 2  sub-sub-sub-subparagraph (A) shall be subtracted from the

 3  amount of available tax credits pursuant to

 4  sub-sub-subparagraph (I), and the remaining credits shall be

 5  granted to each approved tax credit application on a pro rata

 6  basis.

 7         (C)  If, after the first 2 months of the fiscal year,

 8  additional credits become available pursuant to

 9  sub-sub-subparagraph (II), the office shall grant the tax

10  credits by first increasing the credit of those who received a

11  pro rata reduction and, if there are remaining credits,

12  granting credits to those who applied on or after the 11th

13  business day of the state fiscal year on a first-come,

14  first-served basis.

15         (IV)  If, during the first 10 business days of the

16  state fiscal year, tax credit applications are received for

17  more than 20 percent of available annual tax credits from

18  eligible sponsors for projects other than those that provide

19  homeownership opportunities for low-income or very-low-income

20  households, the office shall grant the tax credits to each

21  approved tax credit application on a pro rata basis. If, after

22  the first 2 months of the fiscal year, additional credits

23  become available pursuant to sub-sub-subparagraph (I), the

24  office shall grant the tax credits by first increasing the

25  credit of those who received a pro rata reduction and, if

26  there are remaining credits, granting credits to those who

27  applied on or after the 11th business day of the state fiscal

28  year on a first-come, first-served basis.

29         3.  Application requirements.--

30         a.  Any eligible sponsor seeking to participate in this

31  program must submit a proposal to the Office of Tourism,

                                  11

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    Florida Senate - 2004                           CS for SB 3002
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 1  Trade, and Economic Development which sets forth the name of

 2  the sponsor, a description of the project, and the area in

 3  which the project is located, together with such supporting

 4  information as is prescribed by rule. The proposal must also

 5  contain a resolution from the local governmental unit in which

 6  the project is located certifying that the project is

 7  consistent with local plans and regulations.

 8         b.  Any person seeking to participate in this program

 9  must submit an application for tax credit to the Office of

10  Tourism, Trade, and Economic Development which sets forth the

11  name of the sponsor, a description of the project, and the

12  type, value, and purpose of the contribution. The sponsor

13  shall verify the terms of the application and indicate its

14  receipt of the contribution, which verification must be in

15  writing and accompany the application for tax credit. The

16  person must submit a separate tax credit application to the

17  office for each individual contribution that it makes to each

18  individual project.

19         c.  Any person who has received notification from the

20  Office of Tourism, Trade, and Economic Development that a tax

21  credit has been approved must apply to the department to

22  receive the refund. Application must be made on the form

23  prescribed for claiming refunds of sales and use taxes and be

24  accompanied by a copy of the notification. A person may submit

25  only one application for refund to the department within any

26  12-month period.

27         4.  Administration.--

28         a.  The Office of Tourism, Trade, and Economic

29  Development may adopt rules pursuant to ss. 120.536(1) and

30  120.54 necessary to administer this paragraph, including rules

31  for the approval or disapproval of proposals by a person.

                                  12

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    Florida Senate - 2004                           CS for SB 3002
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 1         b.  The decision of the Office of Tourism, Trade, and

 2  Economic Development must be in writing, and, if approved, the

 3  notification shall state the maximum credit allowable to the

 4  person. Upon approval, the office shall transmit a copy of the

 5  decision to the Department of Revenue.

 6         c.  The Office of Tourism, Trade, and Economic

 7  Development shall periodically monitor all projects in a

 8  manner consistent with available resources to ensure that

 9  resources are used in accordance with this paragraph; however,

10  each project must be reviewed at least once every 2 years.

11         d.  The Office of Tourism, Trade, and Economic

12  Development shall, in consultation with the Department of

13  Community Affairs, the Florida Housing Finance Corporation,

14  and the statewide and regional housing and financial

15  intermediaries, market the availability of the community

16  contribution tax credit program to community-based

17  organizations.

18         5.  Expiration.--This paragraph expires June 30, 2015

19  2005; however, any accrued credit carryover that is unused on

20  that date may be used until the expiration of the 3-year

21  carryover period for such credit.

22         Section 4.  Paragraph (t) of subsection (1) of section

23  220.03, Florida Statutes, is amended to read:

24         220.03  Definitions.--

25         (1)  SPECIFIC TERMS.--When used in this code, and when

26  not otherwise distinctly expressed or manifestly incompatible

27  with the intent thereof, the following terms shall have the

28  following meanings:

29         (t)  "Project" means any activity undertaken by an

30  eligible sponsor, as defined in s. 220.183(2)(c), which is

31  designed to construct, improve, or substantially rehabilitate

                                  13

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    Florida Senate - 2004                           CS for SB 3002
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 1  housing that is affordable to low-income or very-low-income

 2  households as defined in s. 420.9071(19) and (28); designed to

 3  provide commercial, industrial, or public resources and

 4  facilities; or designed to improve entrepreneurial and

 5  job-development opportunities for low-income persons. A

 6  project may be the investment necessary to increase access to

 7  high-speed broadband capability in rural communities with

 8  enterprise zones, including projects that result in

 9  improvements to communications assets that are owned by a

10  business. A project may include the provision of museum

11  educational programs and materials that are directly related

12  to any project approved between January 1, 1996, and December

13  31, 1999, and located in an enterprise zone as referenced in

14  s. 290.00675. This paragraph does not preclude projects that

15  propose to construct or rehabilitate low-income or

16  very-low-income housing on scattered sites. The Office of

17  Tourism, Trade, and Economic Development may reserve up to 50

18  percent of the available annual tax credits under s. 220.181

19  for housing for very-low-income households pursuant to s.

20  420.9071(28) for the first 6 months of the fiscal year. With

21  respect to housing, contributions may be used to pay the

22  following eligible project-related activities:

23         1.  Project development, impact, and management fees

24  for low-income or very-low-income housing projects;

25         2.  Down payment and closing costs for eligible

26  persons, as defined in s. 420.9071(19) and (28);

27         3.  Administrative costs, including housing counseling

28  and marketing fees, not to exceed 10 percent of the community

29  contribution, directly related to low-income or

30  very-low-income projects; and

31  

                                  14

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    Florida Senate - 2004                           CS for SB 3002
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 1         4.  Removal of liens recorded against residential

 2  property by municipal, county, or special-district local

 3  governments when satisfaction of the lien is a necessary

 4  precedent to the transfer of the property to an eligible

 5  person, as defined in s. 420.9071(19) and (28), for the

 6  purpose of promoting home ownership. Contributions for lien

 7  removal must be received from a nonrelated third party.

 8  

 9  The provisions of this paragraph shall expire and be void on

10  June 30, 2015 2005.

11         Section 5.  Paragraph (c) of subsection (1), paragraph

12  (b) of subsection (2), and subsection (5) of section 220.183,

13  Florida Statutes, are amended to read:

14         220.183  Community contribution tax credit.--

15         (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX

16  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM

17  SPENDING.--

18         (c)  The total amount of tax credit which may be

19  granted for all programs approved under this section, s.

20  212.08(5)(q), and s. 624.5105 is $20 $10 million annually.

21         (2)  ELIGIBILITY REQUIREMENTS.--

22         (b)1.  All community contributions must be reserved

23  exclusively for use in projects as defined in s. 220.03(1)(t).

24         2.  The Office of Tourism, Trade, and Economic

25  Development shall may reserve 80 up to 50 percent of the

26  available annual tax credits for housing for donations made to

27  eligible sponsors for projects that provide homeownership

28  opportunities for low-income or very-low-income households

29  pursuant to s. 420.9071(19) and (28) for the first 2 6 months

30  of the fiscal year. If less than 80 percent of the annual tax

31  credits for donations made to eligible sponsors for projects

                                  15

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    Florida Senate - 2004                           CS for SB 3002
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 1  for low-income or very-low-income households are approved

 2  within the first 2 months of the fiscal year, the office may

 3  approve the balance of available credits for donations made to

 4  eligible sponsors for projects other than those that provide

 5  homeownership opportunities for low-income or very-low-income

 6  households.

 7         3.  The office shall reserve 20 percent of the

 8  available annual tax credits for donations made to eligible

 9  sponsors for projects other than those that provide

10  homeownership opportunities for low-income or very-low-income

11  households pursuant to s. 420.9071(19) and (28) for the first

12  2 months of the fiscal year. If less than 20 percent of the

13  annual tax credits for donations made to eligible sponsors for

14  projects other than those that provide homeownership

15  opportunities for low-income or very-low-income households are

16  approved within the first 2 months of the fiscal year, the

17  office may approve the balance of available credits for

18  donations made to eligible sponsors for projects that provide

19  homeownership opportunities for low-income or very-low-income

20  households.

21         4.  If, during the first 10 business days of the state

22  fiscal year, tax credit applications are received for more

23  than 80 percent of available annual tax credits from eligible

24  sponsors for projects that provide homeownership opportunities

25  for low-income or very-low-income households, the office shall

26  grant the tax credits to such applications as follows:

27         a.  If an eligible sponsor submits tax credit

28  applications which in total do not exceed $200,000, the

29  credits shall be granted in full if the tax credit

30  applications are approved and subject to the provisions of

31  subparagraph 2.

                                  16

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    Florida Senate - 2004                           CS for SB 3002
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 1         b.  If an eligible sponsor submits tax credit

 2  applications which in total equal or exceed $200,000, the

 3  amount of tax credits granted pursuant to sub-subparagraph a.

 4  shall be subtracted from the amount of available tax credits

 5  pursuant to subparagraph 2., and the remaining credits shall

 6  be granted to each approved tax credit application on a pro

 7  rata basis.

 8         c.  If, after the first 2 months of the fiscal year,

 9  additional credits become available pursuant to subparagraph

10  3., the office shall grant the tax credits by first increasing

11  the credit of those who received a pro rata reduction and, if

12  there are remaining credits, granting credits to those who

13  applied on or after the 11th business day of the state fiscal

14  year on a first-come, first-served basis.

15         5.  If, during the first 10 business days of the state

16  fiscal year, tax credit applications are received for more

17  than 20 percent of available annual tax credits from eligible

18  sponsors for projects other than those that provide

19  homeownership opportunities for low-income or very-low-income

20  households, the office shall grant the tax credits to each

21  approved tax credit application on a pro rata basis. If, after

22  the first 2 months of the fiscal year, additional credits

23  become available pursuant to subparagraph 2., the office shall

24  grant the tax credits by first increasing the credit of those

25  who received a pro rata reduction and, if there are remaining

26  credits, granting credits to those who applied on or after the

27  11th business day of the state fiscal year on a first-come,

28  first-served basis.

29         (5)  EXPIRATION.--The provisions of this section,

30  except paragraph (1)(e), shall expire and be void on June 30,

31  2015 2005.

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 1         Section 6.  Paragraph (f) of subsection (6) of section

 2  253.034, Florida Statutes, is amended to read:

 3         253.034  State-owned lands; uses.--

 4         (6)  The Board of Trustees of the Internal Improvement

 5  Trust Fund shall determine which lands, the title to which is

 6  vested in the board, may be surplused. For conservation lands,

 7  the board shall make a determination that the lands are no

 8  longer needed for conservation purposes and may dispose of

 9  them by an affirmative vote of at least three members. In the

10  case of a land exchange involving the disposition of

11  conservation lands, the board must determine by an affirmative

12  vote of at least three members that the exchange will result

13  in a net positive conservation benefit. For all other lands,

14  the board shall make a determination that the lands are no

15  longer needed and may dispose of them by an affirmative vote

16  of at least three members.

17         (f)  In reviewing lands owned by the board, the council

18  shall consider whether such lands would be more appropriately

19  owned or managed by the county or other unit of local

20  government in which the land is located. The council shall

21  recommend to the board whether a sale, lease, or other

22  conveyance to a local government would be in the best

23  interests of the state and local government. The provisions of

24  this paragraph in no way limit the provisions of ss. 253.111

25  and 253.115. Such lands shall be offered to the state, county,

26  or local government for a period of 30 days. Permittable uses

27  for such surplus lands may include public schools; public

28  libraries; fire or law enforcement substations; and

29  governmental, judicial, or recreational centers; and

30  affordable housing. County or local government requests for

31  surplus lands shall be expedited throughout the surplusing

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 1  process. If the county or local government does not elect to

 2  purchase such lands in accordance with s. 253.111, then any

 3  surplusing determination involving other governmental agencies

 4  shall be made upon the board deciding the best public use of

 5  the lands. Surplus properties in which governmental agencies

 6  have expressed no interest shall then be available for sale on

 7  the private market.

 8         Section 7.  Subsection (5) is added to section

 9  420.0003, Florida Statutes, to read:

10         420.0003  State housing strategy.--

11         (5)  HOUSING OPTIONS.--The affordable housing delivery

12  system shall provide for a variety of housing options as

13  appropriate, including, but not limited to, single family and

14  multifamily housing built according to chapter 553,

15  manufactured housing as defined in s. 320.01(2)(b), and

16  housing coordinated with services for special needs

17  populations.

18         Section 8.  Subsection (2) and paragraph (a) of

19  subsection (22) of section 420.507, Florida Statutes, are

20  amended, paragraph (h) is added to subsection (22) of that

21  section, and subsections (42), (43), (44), and (45) are added

22  to that section, to read:

23         420.507  Powers of the corporation.--The corporation

24  shall have all the powers necessary or convenient to carry out

25  and effectuate the purposes and provisions of this part,

26  including the following powers which are in addition to all

27  other powers granted by other provisions of this part:

28         (2)  To undertake and carry out studies and analyses of

29  housing needs within the state and ways of meeting those

30  needs, to determine whether supplies of affordable housing in

31  various markets may exceed future demands, and to develop

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 1  methods of assessing and assisting in the viability of

 2  properties adversely affected by overbuilt markets.

 3         (22)  To develop and administer the State Apartment

 4  Incentive Loan Program. In developing and administering that

 5  program, the corporation may:

 6         (a)  Make first, second, and other subordinated

 7  mortgage loans including variable or fixed rate loans subject

 8  to contingent interest for all State Apartment Incentive Loans

 9  provided for in this chapter based upon available cash flow of

10  the projects. The corporation shall make loans exceeding 25

11  percent of project cost available only to nonprofit

12  organizations and public bodies which are able to secure

13  grants, donations of land, or contributions from other sources

14  and to projects meeting the criteria of subparagraph 1.

15  Mortgage loans shall be made available at the following rates

16  of interest:

17         1.  Zero to 3 percent interest for sponsors of projects

18  that set aside at least maintain an 80 percent occupancy of

19  their total units for residents qualifying as farmworkers as

20  defined in s. 420.503(18), or commercial fishing workers as

21  defined in s. 420.503(5), or the homeless as defined in s.

22  420.621(4) over the life of the loan.

23         2.  Zero to 3 percent interest for projects that set

24  aside at least 80 percent of the project's total units for the

25  homeless as defined in s. 420.621(4), provided the board may

26  set the interest rate based on the pro rata share of units set

27  aside for homeless residents if the total of such units is

28  less than 80 percent of the units in the borrower's project.

29         3.2.  Three to 9 percent interest for sponsors of

30  projects targeted at populations other than farmworkers,

31  commercial fishing workers, and the homeless.

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 1         (h)  Establish procedures by rule whereby the

 2  corporation may intervene, negotiate terms, or undertake other

 3  actions which the corporation deems necessary to avoid default

 4  of a program loan. Such procedures must be fiscally

 5  responsible and designed to maximize returns to the state.

 6         (42)  To promote single family homeownership in this

 7  state and develop and implement a marketing plan in

 8  cooperation with local governments and state and federal

 9  agencies that includes strategies such as advertising,

10  homebuyer fairs, and homebuyer education.

11         (43)  To provide by rule for a program, not to exceed

12  $5,000 per home, to match the amount of rents set aside under

13  resident programs that are managed by affordable housing

14  providers participating in the corporation's rental programs

15  to provide financial assistance toward the purchase of a home.

16         (44)  To establish by rule a program of incentives for

17  local governments which defer, reduce, or waive impact fees

18  for homes constructed for or sold to persons who qualify for

19  financing under an affordable homeownership program provided

20  by the state or a local government. The incentives must not

21  exceed 40 percent of any waiver or 20 percent of any deferral

22  and are limited to $4,000 per home.

23         (45)  To establish by rule requirements for periodic

24  reporting of data, including, but not limited to, financial

25  data, housing market data, detailed economic and physical

26  occupancy on multifamily projects, and demographic data on all

27  housing financed through corporation programs.

28         Section 9.  Subsection (8) is added to section 420.508,

29  Florida Statutes, to read:

30         420.508  Special powers; multifamily and single-family

31  projects.--The corporation shall have the special power to:

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 1         (8)  Provide by rule for master lease agreements for

 2  farmworker housing developments when and where appropriate to

 3  ensure continuity and stability of housing for farmworker

 4  populations.

 5         Section 10.  Subsection (3) and paragraph (m) of

 6  subsection (6) of section 420.5087, Florida Statutes, are

 7  amended to read:

 8         420.5087  State Apartment Incentive Loan

 9  Program.--There is hereby created the State Apartment

10  Incentive Loan Program for the purpose of providing first,

11  second, or other subordinated mortgage loans or loan

12  guarantees to sponsors, including for-profit, nonprofit, and

13  public entities, to provide housing affordable to

14  very-low-income persons.

15         (3)  During the first 6 months of loan or loan

16  guarantee availability, program funds shall be reserved for

17  use by sponsors who provide the housing set-aside required in

18  subsection (2) for the tenant groups designated in this

19  subsection. The reservation of funds to each of these groups

20  shall be determined using the most recent statewide

21  very-low-income rental housing market study available at the

22  time of publication of each notice of fund availability

23  required by paragraph (6)(b). The reservation of funds within

24  each notice of fund availability to the tenant groups in

25  paragraphs (a), (b), and (d) may not be less than 10 percent

26  of the funds available at that time. Any increase in funding

27  required to reach the 10-percent minimum shall be taken from

28  the tenant group that has the largest reservation. The

29  reservation of funds within each notice of fund availability

30  to the tenant group in paragraph (c) may not be less than 5

31  

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 1  percent of the funds available at that time. The tenant groups

 2  are:

 3         (a)  Commercial fishing workers and farmworkers;

 4         (b)  Families;

 5         (c)  Persons who are homeless; and

 6         (d)  Elderly persons. Ten percent of the amount

 7  reserved for the elderly shall be reserved to provide loans to

 8  sponsors of housing for the elderly for the purpose of making

 9  building preservation, health, or sanitation repairs or

10  improvements which are required by federal, state, or local

11  regulation or code, or lifesafety or security-related repairs

12  or improvements to such housing. Such a loan may not exceed

13  $500,000 $200,000 per housing community for the elderly. In

14  order to receive the loan, the sponsor of the housing

15  community must make a commitment to match at least 15 percent

16  of the loan amount to pay the cost of such repair or

17  improvement. The corporation shall establish the rate of

18  interest on the loan, which may not exceed 3 percent, and the

19  term of the loan, which may not exceed 15 years. The term of

20  the loan shall be established on the basis of a credit

21  analysis of the applicant. The corporation shall establish, by

22  rule, the procedure and criteria for receiving, evaluating,

23  and competitively ranking all applications for loans under

24  this paragraph. A loan application must include evidence of

25  the first mortgagee's having reviewed and approved the

26  sponsor's intent to apply for a loan. A nonprofit organization

27  or sponsor may not use the proceeds of the loan to pay for

28  administrative costs, routine maintenance, or new

29  construction.

30         (6)  On all state apartment incentive loans, except

31  loans made to housing communities for the elderly to provide

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 1  for lifesafety, building preservation, health, sanitation, or

 2  security-related repairs or improvements, the following

 3  provisions shall apply:

 4         (m)  Sponsors shall annually certify, according to

 5  requirements provided by the corporation by rule, the adjusted

 6  gross income of all persons or families qualified under

 7  subsection (2) at the time of initial occupancy, who are

 8  residing in a project funded by this program. All persons or

 9  families qualified under subsection (2) may continue to

10  qualify under subsection (2) in a project funded by this

11  program if the adjusted gross income of those persons or

12  families at the time of annual recertification meets the

13  requirements established in s. 142(d)(3)(B) of the Internal

14  Revenue Code of 1986, as amended. If the annual

15  recertification of persons or families qualifying under

16  subsection (2) results in noncompliance with income occupancy

17  requirements, the next available unit must be rented to a

18  person or family qualifying under subsection (2) in order to

19  ensure continuing compliance of the project.

20         Section 11.  Subsection (3) of section 420.511, Florida

21  Statutes, is amended to read:

22         420.511  Business plan; strategic plan; annual

23  report.--

24         (3)  The corporation shall submit to the Governor and

25  the presiding officers of each house of the Legislature,

26  within 2 months after the end of its fiscal year, a complete

27  and detailed report setting forth:

28         (a)  Its operations and accomplishments.;

29         (b)  Changes made to the rules of the corporation

30  pursuant to s. 120.54.

31  

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 1         (c)(b)  Its receipts and expenditures during its fiscal

 2  year in accordance with the categories or classifications

 3  established by the corporation for its operating and capital

 4  outlay purposes.;

 5         (d)(c)  Its assets and liabilities at the end of its

 6  fiscal year and the status of reserve, special, or other

 7  funds.;

 8         (e)(d)  A schedule of its bonds outstanding at the end

 9  of its fiscal year, together with a statement of the principal

10  amounts of bonds issued and redeemed during the fiscal year.;

11  and

12         (f)(e)  Information relating to the corporation's

13  activities in implementing the provisions of ss. 420.5087 and

14  420.5088. The report required by this subsection shall

15  include, but not be limited to:

16         1.  The number of people served, delineated by income,

17  age, family size, and racial characteristics.

18         2.  The number of units produced under each program.

19         3.  The average cost of producing units under each

20  program.

21         4.  The average sales price of single-family units

22  financed under s. 420.5088.

23         5.  The average amount of rent charged based on unit

24  size on units financed under s. 420.5087.

25         6.  The number of persons in rural communities served

26  under each program.

27         7.  The number of farmworkers served under each

28  program.

29         8.  The number of homeless persons served under each

30  program.

31  

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 1         9.  The number of elderly persons served under each

 2  program.

 3         10.  The extent to which geographic distribution has

 4  been achieved in accordance with the provisions of s.

 5  420.5087.

 6         11.  The quarterly physical occupancy rate of each

 7  multifamily housing project.

 8         12.11.  Any other information the corporation deems

 9  appropriate.

10         (g)  Information relating to the corporation's Florida

11  Affordable Housing Guarantee Program as created by s.

12  420.5092. The report required by this subsection shall

13  include, but not be limited to:

14         1.  A status at the end of the most recently completed

15  fiscal year of the total amount of revenue bonds issued by the

16  corporation under s. 420.5092, the principal and interest due

17  on such bonds for the reporting period, the total amount of

18  such bonds redeemed during the reporting period, and the

19  interest earned by the investment of the funds from such

20  revenue bonds during the reporting period.

21         2.  A list of all stabilized properties at the end of

22  the most recently completed fiscal year guaranteed by the

23  Florida Affordable Housing Guarantee Program, which includes

24  the city and county, the total number of units constructed,

25  the quarterly occupancy rates expressed as percentages for the

26  fiscal year, the total principal and interest due for the

27  fiscal year, the principal and interest paid for the fiscal

28  year, and the Florida Affordable Housing Guarantee Program's

29  total outstanding obligation at the end of the fiscal year.

30         Section 12.  Subsection (12) is added to section

31  420.5092, Florida Statutes, to read:

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 1         420.5092  Florida Affordable Housing Guarantee

 2  Program.--

 3         (12)  By October 1 of each year, the corporation shall

 4  submit to the Governor, the President of the Senate, the

 5  Speaker of the House of Representatives, and the chairs of the

 6  respective appropriations committees an assessment of the

 7  Florida Affordable Housing Guarantee Program. The assessment

 8  shall include an analysis of the likelihood that the guarantee

 9  fund will pay claims during the next 2 fiscal years.

10         Section 13.  Section 420.517, Florida Statutes, is

11  amended to read:

12         420.517  Coordination of affordable housing and support

13  services for low-income residents job training coordination.--

14         (1)  The Florida Housing Finance corporation shall

15  undertake efforts to provide incentives to developers to build

16  housing that encourages onsite job skills training to enable

17  low-income residents to obtain and maintain meaningful

18  employment. To the extent possible, the corporation shall

19  direct all recipients of state housing funds, including

20  municipalities, to work in cooperation with local and regional

21  Job Training Partnerships Boards to provide training to

22  residents and others who may be making the transition from

23  welfare to the workforce. The corporation shall provide

24  incentives through housing policy and program guidelines to

25  prioritize those developments that encourage workforce

26  training and skills development.

27         (2)  The corporation shall coordinate with state and

28  regional entities, including, but not limited to, the Agency

29  for Workforce Innovation, the Department of Education, the

30  Department of Elderly Affairs, the Department of Children and

31  Family Services, the Department of Veteran's Affairs, the

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 1  Department of Corrections, and the Department of Juvenile

 2  Justice, to provide affordable housing tenants and providers

 3  with information about available supportive services,

 4  including education, job training, and health and social

 5  services. The corporation shall also coordinate with state

 6  agencies to provide prospective tenants with assistance in

 7  qualifying for affordable housing.

 8         (3)  The corporation shall develop state and regional

 9  partnerships to coordinate affordable housing with supportive

10  services, including, but not limited to, education, job

11  training, and health and social services, to assist low-income

12  residents to live in the most independent setting possible.

13         (4)  The corporation shall report on its coordination

14  efforts and accomplishments in the annual report required by

15  s. 420.511(3).

16         Section 14.  Paragraph (a) of subsection (1) of section

17  420.9072, Florida Statutes, is amended to read:

18         420.9072  State Housing Initiatives Partnership

19  Program.--The State Housing Initiatives Partnership Program is

20  created for the purpose of providing funds to counties and

21  eligible municipalities as an incentive for the creation of

22  local housing partnerships, to expand production of and

23  preserve affordable housing, to further the housing element of

24  the local government comprehensive plan specific to affordable

25  housing, and to increase housing-related employment.

26         (1)(a)  In addition to the legislative findings set

27  forth in s. 420.6015, the Legislature finds that affordable

28  housing is most effectively provided by combining available

29  public and private resources to conserve and improve existing

30  housing and provide new housing for very-low-income

31  households, low-income households, and moderate-income

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 1  households. The Legislature intends to encourage partnerships

 2  in order to secure the benefits of cooperation by the public

 3  and private sectors and to reduce the cost of housing for the

 4  target group by effectively combining all available resources

 5  and cost-saving measures. The Legislature further intends that

 6  local governments achieve this combination of resources by

 7  encouraging active partnerships between government, lenders,

 8  builders and developers, real estate professionals, advocates

 9  for low-income persons, and community groups to produce

10  affordable housing and provide related services. Extending the

11  partnership concept to encompass cooperative efforts among

12  small counties as defined in s. 120.52(17), and among counties

13  and municipalities is specifically encouraged. Local

14  governments are also intended to establish and retain an

15  affordable housing advisory committee to recommend monetary

16  and nonmonetary incentives for affordable housing as provided

17  in s. 420.9076.

18         Section 15.  Paragraph (c) of subsection (4) of section

19  420.9075, Florida Statutes, is amended to read:

20         420.9075  Local housing assistance plans;

21  partnerships.--

22         (4)  The following criteria apply to awards made to

23  eligible sponsors or eligible persons for the purpose of

24  providing eligible housing:

25         (c)  The sales price or value of new or existing

26  eligible housing may not exceed 90 percent of the average area

27  purchase price in the statistical area in which the eligible

28  housing is located as established by the corporation by rule.

29  Local governments may not set maximum sales prices below the

30  amounts established by the corporation. If Federal Housing

31  Administration limits are lower than those established by the

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 1  corporation, the Federal Housing Administration limits shall

 2  be the maximum Such average area purchase price may be that

 3  calculated for any 12-month period beginning not earlier than

 4  the fourth calendar year prior to the year in which the award

 5  occurs.

 6  

 7  If both an award under the local housing assistance plan and

 8  federal low-income housing tax credits are used to assist a

 9  project and there is a conflict between the criteria

10  prescribed in this subsection and the requirements of s. 42 of

11  the Internal Revenue Code of 1986, as amended, the county or

12  eligible municipality may resolve the conflict by giving

13  precedence to the requirements of s. 42 of the Internal

14  Revenue Code of 1986, as amended, in lieu of following the

15  criteria prescribed in this subsection with the exception of

16  paragraphs (a) and (d) of this subsection.

17         Section 16.  Subsection (2) of section 420.9076,

18  Florida Statutes, is amended, present subsections (3) through

19  (7) of that section are renumbered as subsections (4) through

20  (8), respectively, a new subsection (3) and subsection (9) are

21  added to that section, and paragraphs (k) and (l) are added to

22  present subsection (4) of that section, to read:

23         420.9076  Adoption of affordable housing incentive

24  strategies; committees.--

25         (2)  The governing board of a county or municipality

26  shall appoint the members of the affordable housing advisory

27  committee by resolution. Pursuant to the terms of any

28  interlocal agreement, a county and municipality may create and

29  jointly appoint an advisory committee to prepare a joint plan.

30  The ordinance adopted pursuant to s. 420.9072 which creates

31  the advisory committee or the resolution appointing the

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 1  advisory committee members must provide for a minimum of nine

 2  committee members and their terms. The committee must include:

 3         (a)  One citizen who is actively engaged in the

 4  residential home building industry in connection with

 5  affordable housing.

 6         (b)  One citizen who is actively engaged in the banking

 7  or mortgage banking industry in connection with affordable

 8  housing.

 9         (c)  One citizen who is a representative of those areas

10  of labor actively engaged in home building in connection with

11  affordable housing.

12         (d)  One citizen who is actively engaged as an advocate

13  for low-income persons in connection with affordable housing.

14         (e)  One citizen who is actively engaged as a

15  for-profit provider of affordable housing.

16         (f)  One citizen who is actively engaged as a

17  not-for-profit provider of affordable housing.

18         (g)  One citizen who is actively engaged as a real

19  estate professional in connection with affordable housing.

20         (h)  One citizen who actively serves on the local

21  planning agency pursuant to s. 163.3174.

22         (i)  One citizen who resides within the jurisdiction of

23  the local governing body making the appointments.

24  

25  Any additional committee members must be citizens within the

26  jurisdiction of the local governing body making the

27  appointments. If a county or eligible municipality whether due

28  to its small size, the presence of a conflict of interest by

29  prospective appointees, or other reasonable factor, is unable

30  to appoint a citizen actively engaged in these activities in

31  connection with affordable housing, a citizen engaged in the

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 1  activity without regard to affordable housing may be

 2  appointed.

 3         (3)  Each county or eligible municipality participating

 4  in the State Housing Initiatives Partnership Program must

 5  maintain an operational affordable housing advisory committee.

 6         (5)(4)  The advisory committee shall review the

 7  established policies and procedures, ordinances, land

 8  development regulations, and adopted local government

 9  comprehensive plan of the appointing local government and

10  shall recommend specific initiatives to encourage or

11  facilitate affordable housing while protecting the ability of

12  the property to appreciate in value. Such recommendations may

13  include the modification or repeal of existing policies,

14  procedures, ordinances, regulations, or plan provisions; the

15  creation of exceptions applicable to affordable housing; or

16  the adoption of new policies, procedures, regulations,

17  ordinances, or plan provisions. At a minimum, each advisory

18  committee shall make recommendations on affordable housing

19  incentives in the following areas:

20         (k)  The review of the housing element of the local

21  government comprehensive plan pursuant to chapter 163 and the

22  Local Housing Assistance Plan.

23         (l)  Actions as liaison between local governing

24  councils and commissions and the general public.

25  

26  The advisory committee recommendations must also include other

27  affordable housing incentives identified by the advisory

28  committee.

29         (9)  The advisory committee shall have a continuing

30  function as an oversight committee for the implementation of

31  the local housing assistance plan and incentive strategies.

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 1  The advisory committee shall meet no less than annually to

 2  review the local housing assistance plan and incentive

 3  strategies to provide recommendations to the appointing local

 4  government in regard to its housing strategies and incentives.

 5  A copy of the advisory committee's recommendations shall be

 6  transmitted to the Florida Housing Finance Corporation with

 7  submission of the local government's annual SHIP report.

 8         Section 17.  Subsection (2) of section 421.02, Florida

 9  Statutes, is amended to read:

10         421.02  Finding and declaration of necessity.--It is

11  hereby declared that:

12         (2)  Blighted Slum areas in the state cannot be

13  revitalized cleared, nor can the shortage of safe and sanitary

14  dwellings for persons of low income be relieved, through the

15  operation of private enterprise , and that the construction of

16  housing projects for persons of low income, as herein defined,

17  would therefore not be competitive with private enterprise.

18         Section 18.  Subsection (8) of section 421.08, Florida

19  Statutes, is renumbered as subsection (10), and new

20  subsections (8) and (9) are added to that section, to read:

21         421.08  Powers of authority.--An authority shall

22  constitute a public body corporate and politic, exercising the

23  public and essential governmental functions set forth in this

24  chapter, and having all the powers necessary or convenient to

25  carry out and effectuate the purpose and provisions of this

26  chapter, including the following powers in addition to others

27  herein granted:

28         (8)  To create for-profit and non-for-profit

29  corporations, limited liability companies, and such other

30  business entities pursuant to the laws of this state in which

31  housing authorities may hold an ownership interest or

                                  33

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 1  participate in their governance to engage in the development,

 2  acquisition, leasing, construction, rehabilitation,

 3  management, or operation of multifamily and single-family

 4  residential projects. These projects may include

 5  nonresidential uses and may use public and private funds to

 6  serve individuals or families who meet the applicable income

 7  requirements of the state or federal program involved, whose

 8  income does not exceed 150 percent of the applicable Area

 9  Median Income as established by the United States Department

10  of Housing and Urban Development, and who, in the

11  determination of the housing authority, lack sufficient income

12  or assets to enable them to purchase or rent decent, safe, and

13  sanitary dwelling. These corporations, limited liability

14  companies, or other business entities are authorized and

15  empowered to join partnerships, joint ventures, or limited

16  liability companies or to otherwise engage with business

17  entities in the development, acquisition, leasing,

18  construction, rehabilitation, management, or operation of such

19  projects. The creation of such corporations, limited liability

20  companies, or other business entities by housing authorities

21  for the purposes set forth in this chapter together with all

22  proceedings, acts, and things theretofore undertaken,

23  performed, or done are hereby validated, ratified, confirmed,

24  approved, and declared legal in all respects.

25         (9)  Notwithstanding the provisions for per diem and

26  travel expenses of public officers, employees, and authorized

27  persons set forth in s. 112.061, the governing board of an

28  authority may approve and implement policies for per diem,

29  travel, and other expenses of its officials, officers, board

30  members, employees, and authorized persons in a manner

31  consistent with federal guidelines.

                                  34

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    Florida Senate - 2004                           CS for SB 3002
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 1         Section 19.  Section 421.09, Florida Statutes, is

 2  amended to read:

 3         421.09  Operation not for profit.--It is the policy of

 4  this state that each housing authority shall manage and

 5  operate its housing projects in an efficient manner so as to

 6  enable it to fix the rentals for dwelling accommodations at

 7  the lowest possible rates consistent with its providing

 8  decent, safe and sanitary dwelling accommodations, and that no

 9  housing authority shall construct or operate any such project

10  for profit, or as a source of revenue to the city. To this end

11  an authority shall fix the rentals for dwellings in its

12  project at no higher rate than it shall find to be necessary

13  in order to produce revenues which, together with all other

14  available moneys, revenue, income and receipts of the

15  authority from whatever sources derived, will be sufficient:

16         (1)  To pay, as the same shall become due, the

17  principal and interest on the debentures of the authority;

18         (2)  To meet the cost of, and to provide for,

19  maintaining and operating the projects, including the cost of

20  any insurance, and the administrative expenses of the

21  authority; and

22         (3)  To create, during not less than the 6 years

23  immediately succeeding its issuance of any debentures, a

24  reserve sufficient to meet the largest principal and interest

25  payments which will be due on such debentures in any one year

26  thereafter, and to maintain such reserve.

27  

28  This section shall in no way prohibit or restrict the

29  activities or operations of the business entities created

30  pursuant to s. 421.08(8).

31  

                                  35

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 1         Section 20.  Section 421.23, Florida Statutes, is

 2  amended to read:

 3         421.23  Liabilities of authority.--In no event shall

 4  the liabilities, whether ex contractu or ex delicto, of an

 5  authority arising from the operation of its housing projects,

 6  be payable from any funds other than the rents, fees, or

 7  revenues of such projects and any grants or subsidies paid to

 8  such authority by the Federal Government, unless such other

 9  funds are lawfully pledged by the authority's governing board.

10         Section 21.  Paragraph (c) of subsection (1) and

11  subsection (6) of section 624.5105, Florida Statutes, are

12  amended, and paragraph (e) is added to subsection (2) of that

13  section, to read:

14         624.5105  Community contribution tax credit;

15  authorization; limitations; eligibility and application

16  requirements; administration; definitions; expiration.--

17         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

18         (c)  The total amount of tax credit which may be

19  granted for all programs approved under this section and ss.

20  212.08(5)(q) and s. 220.183 is $20 $10 million annually.

21         (2)  ELIGIBILITY REQUIREMENTS.--

22         (e)1.  The Office of Tourism, Trade, and Economic

23  Development shall reserve 80 percent of the available annual

24  tax credits for donations made to eligible sponsors for

25  projects that provide homeownership opportunities for

26  low-income or very-low-income households pursuant to s.

27  420.9071(19) and (28) for the first 2  months of the fiscal

28  year. If less than 80 percent of the annual tax credits for

29  donations made to eligible sponsors for projects that provide

30  homeownership opportunities for low-income or very-low-income

31  households are approved within the first 2 months of the

                                  36

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 1  fiscal year, the office may approve the balance of available

 2  credits for donations made to eligible sponsors for projects

 3  other than those that provide homeownership opportunities for

 4  low-income or very-low-income households.

 5         2.  The office shall reserve 20 percent of the

 6  available annual tax credits for donations made to eligible

 7  sponsors for projects other than those that provide

 8  homeownership opportunities for low-income or very-low-income

 9  households pursuant to s. 420.9071(19) and (28) for the first

10  2 months of the fiscal year. If less than 20 percent of the

11  annual tax credits for donations made to eligible sponsors for

12  projects other than those that provide homeownership

13  opportunities for low-income or very-low-income households are

14  approved within the first 2 months of the fiscal year, the

15  office may approve the balance of available credits for

16  donations made to eligible sponsors for projects that provide

17  homeownership opportunities for low-income or very-low-income

18  households.

19         3.  If, during the first 10 business days of the state

20  fiscal year, tax credit applications are received for more

21  than 80 percent of available annual tax credits from eligible

22  sponsors for projects that provide homeownership opportunities

23  for low-income or very-low-income households, the office shall

24  grant the tax credits to such applications as follows:

25         a.  If an eligible sponsor submits tax credit

26  applications which in total do not exceed $200,000, the

27  credits shall be granted in full if the tax credit

28  applications are approved and subject to the provisions of

29  subparagraph 1.

30         b.  If an eligible sponsor submits tax credit

31  applications which in total equal or exceed $200,000, the

                                  37

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    Florida Senate - 2004                           CS for SB 3002
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 1  amount of tax credits granted pursuant to sub-subparagraph a.

 2  shall be subtracted from the amount of available tax credits

 3  pursuant to subparagraph 1., and the remaining credits shall

 4  be granted to each approved tax credit application on a pro

 5  rata basis.

 6         c.  If, after the first 2 months of the fiscal year,

 7  additional credits become available pursuant to subparagraph

 8  2., the office shall grant the tax credits by first increasing

 9  the credit of those who received a pro rata reduction and, if

10  there are remaining credits, granting credits to those who

11  applied on or after the 11th business day of the state fiscal

12  year on a first-come, first-served basis.

13         4.  If, during the first 10 business days of the state

14  fiscal year, tax credit applications are received for more

15  than 20 percent of available annual tax credits from eligible

16  sponsors for projects other than those that provide

17  homeownership opportunities for low-income or very-low-income

18  households, the office shall grant the tax credits to each

19  approved tax credit application on a pro rata basis. If, after

20  the first 2 months of the fiscal year, additional credits

21  become available pursuant to subparagraph 1., the office shall

22  grant the tax credits by first increasing the credit of those

23  who received a pro rata reduction and, if there are remaining

24  credits, granting credits to those who applied on or after the

25  11th business day of the state fiscal year on a first-come,

26  first-served basis.

27         (6)  EXPIRATION.--The provisions of this section,

28  except paragraph (1)(e), shall expire and be void on June 30,

29  2015 2005.

30         Section 22.  Section 421.54, Florida Statutes, is

31  repealed.

                                  38

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 1         Section 23.  (1)  The sum of $350,000 is appropriated

 2  from the General Revenue Fund for the purpose of implementing

 3  the provisions established to promote single-family

 4  homeownership pursuant to section 420.507(42), Florida

 5  Statutes.

 6         (2)  The sum of $350,000 is appropriated from the

 7  General Revenue Fund for the purpose of matching rent

 8  set-asides to provide financial assistance toward the purchase

 9  of a home pursuant to section 420.507(43), Florida Statutes.

10         (3)  The sum of $5 million is appropriated from the

11  General Revenue Fund to establish incentives which defer,

12  reduce, or waive impact fees pursuant to the provisions of

13  section 420.507(44), Florida Statutes.

14         Section 24.  This act shall take effect July 1, 2004.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2004                           CS for SB 3002
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 3002

 3                                 

 4  This CS differs from the bill as filed in the following ways:

 5  -    Creates Section 1 to name the bill the "Florida
         Homeownership Act of 2004."
 6  
    -    Amends proposed s. 197.017, F.S., to delete a provision
 7       requiring the property appraiser to adhere to appropriate
         standards of professional appraisal practice for purposes
 8       of implementing the requirement to value low-income
         rental properties.
 9  
    -    Amends s. 420.507, F.S., to authorize the FHFC to
10       determine whether supplies of affordable housing in
         various markets may exceed future demands, and to develop
11       methods of assessing and assisting in the viability of
         properties adversely affected by overbuilt markets.
12  
    -    Amends s. 420.508, F.S., to authorize FHFC to provide by
13       rule for master lease agreements for farm-worker housing
         developments when and where appropriate to ensure
14       continuity and stability of housing for farm-worker
         populations.
15  
    -    Deletes the proposed authority in s. 420.5087(6), F.S.,
16       that authorized FHFC to adopt procedures, by rule, to
         intervene, negotiate terms, or undertake any actions that
17       are fiscally responsible, maximize returns to the state,
         and are deemed necessary to avoid a default of SAIL
18       loans.

19  -    Deletes the proposed amendment to s. 420.5088(1), F.S.,
         which would have allowed the FHFC to make purchase and
20       down-payment loans, through the Florida Homeowner
         Assistance Program, for site built homes or
21       manufactured/mobile homes.

22  -    Amends s. 420.511(3), F.S., to require FHFC to report
         rule changes in their annual report.
23  
    -    Creates subsection (12) of s. 420.5092, F.S., to require
24       an annual assessment of the Florida Affordable Housing
         Guarantee Program.
25  
    -    Requires that the local government affordable housing
26       advisory committees are to have a continuing function as
         an oversight committee for the implementation of the
27       local housing assistance plan and incentive strategies.

28  -    Amends s. 421.02(2), F.S., to delete legislative findings
         that the construction of public housing projects for
29       persons of low income would not be competitive with
         private enterprise.
30  
    -    Amends s. 421.08, F.S., to provide statutory authority
31       for public housing authorities to create public-private
         partnerships to assist in creating and maintaining
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    Florida Senate - 2004                           CS for SB 3002
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 1       affordable housing.

 2  -    Amends s. 421.09, F.S., to specify that the
         not-for-profit status of housing authorities does not
 3       prohibit or restrict the activities regarding
         public-private partnerships to assist in the provision of
 4       affordable housing.

 5  -    Amends s. 421.23, F.S., to specify that liabilities
         incurred by governing boards of housing authorities may
 6       not be payable from the rents, fees, revenues, grants or
         subsidies paid by the federal government unless such
 7       other funds are lawfully pledged by the authority's
         governing board.
 8  
    -    Repeals s. 421.54, F.S., concerning required notice and
 9       approval provisions for public housing in Orange and
         Seminole Counties.
10  
    -    Appropriates $350,000 in General Revenue to the FHFC to
11       promote single family homeownership.

12  -    Appropriates $350,000 in General Revenue to match rent
         set-asides used to provide financial assistance in the
13       purchase of a home.

14  -    Appropriates $5,000,000 in General Revenue to establish
         incentives which defer, reduce or waive impact fees.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  41

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