September 20, 2020
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Amendment
Bill No. 2666
Amendment No. 701497
CHAMBER ACTION
Senate House
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1Representative Rivera offered the following:
2
3     Amendment (with title amendments)
4     On page 1, between lines 27 and 28, insert:
5     Section 2.  Sections 2 through 16 of this act may be
6referred to by the popular name the "Florida Homeownership Act
7of 2004."
8     Section 3.  Section 193.017, Florida Statutes, is created
9to read:
10     193.017  Low-income housing tax credit.--Property used for
11affordable housing which has received a low-income housing tax
12credit from the Florida Housing Finance Corporation, as
13authorized by s. 420.5099, shall be assessed under s. 193.011
14and consistent with s. 420.5099(5) and (6), pursuant to this
15section.
16     (1)  The tax credits and the financing generated by the tax
17credits may not be considered as income to the property.
18     (2)  The actual rental income from rent-restricted units in
19such a property shall be recognized by the property appraiser.
20     (3)  Any costs paid for by tax credits and costs paid for
21by additional financing proceeds received under chapter 420 may
22not be included in the valuation of the property.
23     (4)  If an extended low-income housing agreement is filed
24in the official public records of the county in which the
25property is located, the agreement and any recorded amendment or
26supplement thereto shall be considered a land use regulation and
27a limitation on the highest and best use of the property during
28the term of the agreement, amendment, or supplement.
29     Section 4.  Paragraph (f) of subsection (6) of section
30253.034, Florida Statutes, is amended to read:
31     253.034  State-owned lands; uses.--
32     (6)  The Board of Trustees of the Internal Improvement
33Trust Fund shall determine which lands, the title to which is
34vested in the board, may be surplused. For conservation lands,
35the board shall make a determination that the lands are no
36longer needed for conservation purposes and may dispose of them
37by an affirmative vote of at least three members. In the case of
38a land exchange involving the disposition of conservation lands,
39the board must determine by an affirmative vote of at least
40three members that the exchange will result in a net positive
41conservation benefit. For all other lands, the board shall make
42a determination that the lands are no longer needed and may
43dispose of them by an affirmative vote of at least three
44members.
45     (f)  In reviewing lands owned by the board, the council
46shall consider whether such lands would be more appropriately
47owned or managed by the county or other unit of local government
48in which the land is located. The council shall recommend to the
49board whether a sale, lease, or other conveyance to a local
50government would be in the best interests of the state and local
51government. The provisions of this paragraph in no way limit the
52provisions of ss. 253.111 and 253.115. Such lands shall be
53offered to the state, county, or local government for a period
54of 30 days. Permittable uses for such surplus lands may include
55public schools; public libraries; fire or law enforcement
56substations; and governmental, judicial, or recreational
57centers; and affordable housing. County or local government
58requests for surplus lands shall be expedited throughout the
59surplusing process. If the county or local government does not
60elect to purchase such lands in accordance with s. 253.111, then
61any surplusing determination involving other governmental
62agencies shall be made upon the board deciding the best public
63use of the lands. Surplus properties in which governmental
64agencies have expressed no interest shall then be available for
65sale on the private market.
66     Section 5.  Subsection (5) is added to section 420.0003,
67Florida Statutes, to read:
68     420.0003  State housing strategy.--
69     (5)  HOUSING OPTIONS.--The affordable housing delivery
70system shall provide for a variety of housing options as
71appropriate, including, but not limited to, single family and
72multifamily housing built according to chapter 553, manufactured
73housing as defined in s. 320.01(2)(b), and housing coordinated
74with services for special needs populations.
75     Section 6.  Subsection (2) and paragraph (a) of subsection
76(22) of section 420.507, Florida Statutes, are amended, and
77subsections (42), (43), and (44) are added to said section, to
78read:
79     420.507  Powers of the corporation.--The corporation shall
80have all the powers necessary or convenient to carry out and
81effectuate the purposes and provisions of this part, including
82the following powers which are in addition to all other powers
83granted by other provisions of this part:
84     (2)  To undertake and carry out studies and analyses of
85housing needs within the state and ways of meeting those needs,
86to determine whether supplies of affordable housing in various
87markets may exceed future demands.
88     (22)  To develop and administer the State Apartment
89Incentive Loan Program. In developing and administering that
90program, the corporation may:
91     (a)  Make first, second, and other subordinated mortgage
92loans including variable or fixed rate loans subject to
93contingent interest for all State Apartment Incentive Loans
94provided for in this chapter based upon available cash flow of
95the projects. The corporation shall make loans exceeding 25
96percent of project cost available only to nonprofit
97organizations and public bodies which are able to secure grants,
98donations of land, or contributions from other sources and to
99projects meeting the criteria of subparagraph 1. Mortgage loans
100shall be made available at the following rates of interest:
101     1.  Zero to 3 percent interest for sponsors of projects
102that set aside at least maintain an 80 percent occupancy of
103their total units for residents qualifying as farmworkers as
104defined in s. 420.503(18), or commercial fishing workers as
105defined in s. 420.503(5), or the homeless as defined in s.
106420.621(4) over the life of the loan.
107     2.  Zero to 3 percent interest for projects that set aside
108at least 80 percent of the project's total units for the
109homeless as defined in s. 420.621(4), provided the board may set
110the interest rate based on the pro rata share of units set aside
111for homeless residents if the total of such units is less than
11280 percent of the units in the borrower's project.
113     3.2.  Three to 9 percent interest for sponsors of projects
114targeted at populations other than farmworkers, commercial
115fishing workers, and the homeless.
116     (42)  To establish procedures by rule whereby the
117corporation may intervene, negotiate terms, or undertake other
118actions which the corporation deems necessary to avoid default
119of a program loan. Such procedures must be fiscally responsible
120and designed to maximize returns to the state.
121     (43)  To promote single family homeownership in this state
122and develop and implement a marketing plan in consultation with
123local governments and state and federal agencies that includes
124strategies such as advertising, homebuyer fairs, and homebuyer
125education.
126     (44)  To establish by rule requirements for periodic
127reporting of data, including, but not limited to, financial
128data, housing market data, detailed economic and physical
129occupancy on multifamily projects, and demographic data on all
130housing financed through corporation programs.
131     Section 7.  Subsection (8) is added to section 420.508,
132Florida Statutes, to read:
133     420.508  Special powers; multifamily and single-family
134projects.--The corporation shall have the special power to:
135     (8)  Provide by rule for master lease agreements for
136farmworker housing developments when and where appropriate to
137ensure continuity and stability of housing for farmworker
138populations.
139     Section 8.  Subsection (3) and paragraph (m) of subsection
140(6) of section 420.5087, Florida Statutes, are amended to read:
141     420.5087  State Apartment Incentive Loan Program.--There is
142hereby created the State Apartment Incentive Loan Program for
143the purpose of providing first, second, or other subordinated
144mortgage loans or loan guarantees to sponsors, including for-
145profit, nonprofit, and public entities, to provide housing
146affordable to very-low-income persons.
147     (3)  During the first 6 months of loan or loan guarantee
148availability, program funds shall be reserved for use by
149sponsors who provide the housing set-aside required in
150subsection (2) for the tenant groups designated in this
151subsection. The reservation of funds to each of these groups
152shall be determined using the most recent statewide very-low-
153income rental housing market study available at the time of
154publication of each notice of fund availability required by
155paragraph (6)(b). The reservation of funds within each notice of
156fund availability to the tenant groups in paragraphs (a), (b),
157and (d) may not be less than 10 percent of the funds available
158at that time. Any increase in funding required to reach the 10-
159percent minimum shall be taken from the tenant group that has
160the largest reservation. The reservation of funds within each
161notice of fund availability to the tenant group in paragraph (c)
162may not be less than 5 percent of the funds available at that
163time. The tenant groups are:
164     (a)  Commercial fishing workers and farmworkers;
165     (b)  Families;
166     (c)  Persons who are homeless; and
167     (d)  Elderly persons. Ten percent of the amount reserved
168for the elderly shall be reserved to provide loans to sponsors
169of housing for the elderly for the purpose of making building
170preservation, health, or sanitation repairs or improvements
171which are required by federal, state, or local regulation or
172code, or lifesafety or security-related repairs or improvements
173to such housing. Such a loan may not exceed $500,000 $200,000
174per housing community for the elderly. In order to receive the
175loan, the sponsor of the housing community must make a
176commitment to match at least 15 percent of the loan amount to
177pay the cost of such repair or improvement. The corporation
178shall establish the rate of interest on the loan, which may not
179exceed 3 percent, and the term of the loan, which may not exceed
18015 years. The term of the loan shall be established on the basis
181of a credit analysis of the applicant. The corporation shall
182establish, by rule, the procedure and criteria for receiving,
183evaluating, and competitively ranking all applications for loans
184under this paragraph. A loan application must include evidence
185of the first mortgagee's having reviewed and approved the
186sponsor's intent to apply for a loan. A nonprofit organization
187or sponsor may not use the proceeds of the loan to pay for
188administrative costs, routine maintenance, or new construction.
189     (6)  On all state apartment incentive loans, except loans
190made to housing communities for the elderly to provide for
191lifesafety, building preservation, health, sanitation, or
192security-related repairs or improvements, the following
193provisions shall apply:
194     (m)  Sponsors shall annually certify, according to
195requirements provided by the corporation by rule, the adjusted
196gross income of all persons or families qualified under
197subsection (2) at the time of initial occupancy, who are
198residing in a project funded by this program. All persons or
199families qualified under subsection (2) may continue to qualify
200under subsection (2) in a project funded by this program if the
201adjusted gross income of those persons or families at the time
202of annual recertification meets the requirements established in
203s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as
204amended. If the annual recertification of persons or families
205qualifying under subsection (2) results in noncompliance with
206income occupancy requirements, the next available unit must be
207rented to a person or family qualifying under subsection (2) in
208order to ensure continuing compliance of the project.
209     Section 9.  Subsection (3) of section 420.511, Florida
210Statutes, is amended to read:
211     420.511  Business plan; strategic plan; annual report.--
212     (3)  The corporation shall submit to the Governor and the
213presiding officers of each house of the Legislature, within 2
214months after the end of its fiscal year, a complete and detailed
215report setting forth:
216     (a)  Its operations and accomplishments.;
217     (b)  Changes made to the rules of the corporation pursuant
218to s. 120.54.
219     (c)(b)  Its receipts and expenditures during its fiscal
220year in accordance with the categories or classifications
221established by the corporation for its operating and capital
222outlay purposes.;
223     (d)(c)  Its assets and liabilities at the end of its fiscal
224year and the status of reserve, special, or other funds.;
225     (e)(d)  A schedule of its bonds outstanding at the end of
226its fiscal year, together with a statement of the principal
227amounts of bonds issued and redeemed during the fiscal year.;
228and
229     (f)(e)  Information relating to the corporation's
230activities in implementing the provisions of ss. 420.5087 and
231420.5088. The report required by this subsection shall include,
232but not be limited to:
233     1.  The number of people served, delineated by income, age,
234family size, and racial characteristics.
235     2.  The number of units produced under each program.
236     3.  The average cost of producing units under each program.
237     4.  The average sales price of single-family units financed
238under s. 420.5088.
239     5.  The average amount of rent charged based on unit size
240on units financed under s. 420.5087.
241     6.  The number of persons in rural communities served under
242each program.
243     7.  The number of farmworkers served under each program.
244     8.  The number of homeless persons served under each
245program.
246     9.  The number of elderly persons served under each
247program.
248     10.  The extent to which geographic distribution has been
249achieved in accordance with the provisions of s. 420.5087.
250     11.  Any other information the corporation deems
251appropriate.
252     (g)  Information relating to the corporation's Florida
253Affordable Housing Guarantee Program as created by s. 420.5092.
254The report required by this subsection shall include, but not be
255limited to:
256     1.  A status at the end of the most recently completed
257fiscal year of the total amount of revenue bonds issued by the
258corporation under s. 420.5092, the principal and interest due on
259such bonds for the reporting period, the total amount of such
260bonds redeemed during the reporting period, and the interest
261earned by the investment of the funds from such revenue bonds
262during the reporting period.
263     2.  A list of all stabilized properties at the end of the
264most recently completed fiscal year guaranteed by the Florida
265Affordable Housing Guarantee Program, which includes the city
266and county, the total number of units constructed, the quarterly
267occupancy rates expressed as percentages for the fiscal year,
268the total principal and interest due for the fiscal year, the
269principal and interest paid for the fiscal year, and the Florida
270Affordable Housing Guarantee Program's total outstanding
271obligation at the end of the fiscal year.
272     Section 10.  Paragraph (a) of subsection (1) of section
273420.9072, Florida Statutes, is amended to read:
274     420.9072  State Housing Initiatives Partnership
275Program.--The State Housing Initiatives Partnership Program is
276The State Housing Initiatives Partnership Program is created for
277the purpose of providing funds to counties and eligible
278municipalities as an incentive for the creation of local housing
279partnerships, to expand production of and preserve affordable
280housing, to further the housing element of the local government
281comprehensive plan specific to affordable housing, and to
282increase housing-related employment.
283     (1)(a)  In addition to the legislative findings set forth
284in s. 420.6015, the Legislature finds that affordable housing is
285most effectively provided by combining available public and
286private resources to conserve and improve existing housing and
287provide new housing for very-low-income households, low-income
288households, and moderate-income households. The Legislature
289intends to encourage partnerships in order to secure the
290benefits of cooperation by the public and private sectors and to
291reduce the cost of housing for the target group by effectively
292combining all available resources and cost-saving measures. The
293Legislature further intends that local governments achieve this
294combination of resources by encouraging active partnerships
295between government, lenders, builders and developers, real
296estate professionals, advocates for low-income persons, and
297community groups to produce affordable housing and provide
298related services. Extending the partnership concept to encompass
299cooperative efforts among small counties as defined in s.
300120.52(17), and among counties and municipalities is
301specifically encouraged. Local governments are also intended to
302establish and retain an affordable housing advisory committee to
303recommend monetary and nonmonetary incentives for affordable
304housing as provided in s. 420.9076.
305     Section 11.  Subsection (2) of section 420.9076, Florida
306Statutes, is amended, present subsections (3) through (7) of
307that section are renumbered as subsections (4) through (8),
308respectively, a new subsection (3) and subsection (9) are added
309to that section, and paragraphs (k) and (l) are added to present
310subsection (4) of said section, to read:
311     420.9076  Adoption of affordable housing incentive
312strategies; committees.--
313     (2)  The governing board of a county or municipality shall
314appoint the members of the affordable housing advisory committee
315by resolution. Pursuant to the terms of any interlocal
316agreement, a county and municipality may create and jointly
317appoint an advisory committee to prepare a joint plan. The
318ordinance adopted pursuant to s. 420.9072 which creates the
319advisory committee or the resolution appointing the advisory
320committee members must provide for a minimum of nine committee
321members and their terms. The committee must include:
322     (a)  One citizen who is actively engaged in the residential
323home building industry in connection with affordable housing.
324     (b)  One citizen who is actively engaged in the banking or
325mortgage banking industry in connection with affordable housing.
326     (c)  One citizen who is a representative of those areas of
327labor actively engaged in home building in connection with
328affordable housing.
329     (d)  One citizen who is actively engaged as an advocate for
330low-income persons in connection with affordable housing.
331     (e)  One citizen who is actively engaged as a for-profit
332provider of affordable housing.
333     (f)  One citizen who is actively engaged as a not-for-
334profit provider of affordable housing.
335     (g)  One citizen who is actively engaged as a real estate
336professional in connection with affordable housing.
337     (h)  One citizen who actively serves on the local planning
338agency pursuant to s. 163.3174.
339     (i)  One citizen who resides within the jurisdiction of the
340local governing body making the appointments.
341
342Any additional committee members must be citizens within the
343jurisdiction of the local governing body making the
344appointments. If a county or eligible municipality whether due
345to its small size, the presence of a conflict of interest by
346prospective appointees, or other reasonable factor, is unable to
347appoint a citizen actively engaged in these activities in
348connection with affordable housing, a citizen engaged in the
349activity without regard to affordable housing may be appointed.
350     (3)  Each county or eligible municipality participating in
351the State Housing Initiatives Partnership Program must maintain
352an operational affordable housing advisory committee.
353     (5)(4)  The advisory committee shall review the established
354policies and procedures, ordinances, land development
355regulations, and adopted local government comprehensive plan of
356the appointing local government and shall recommend specific
357initiatives to encourage or facilitate affordable housing while
358protecting the ability of the property to appreciate in value.
359Such recommendations may include the modification or repeal of
360existing policies, procedures, ordinances, regulations, or plan
361provisions; the creation of exceptions applicable to affordable
362housing; or the adoption of new policies, procedures,
363regulations, ordinances, or plan provisions. At a minimum, each
364advisory committee shall make recommendations on affordable
365housing incentives in the following areas:
366     (k)  The review of the housing element of the local
367government comprehensive plan pursuant to chapter 163 and the
368Local Housing Assistance Plan.
369     (l)  Actions as liaison between local governing councils
370and commissions and the general public.
371
372The advisory committee recommendations must also include other
373affordable housing incentives identified by the advisory
374committee.
375     (9)  The advisory committee shall have a continuing
376function as an oversight committee for the implementation of the
377local housing assistance plan and incentive strategies. The
378advisory committee shall meet no less than annually to review
379the local housing assistance plan and incentive strategies to
380provide recommendations to the appointing local government in
381regard to its housing strategies and incentives.
382     Section 12.  Subsection (2) of section 421.02, Florida
383Statutes, is amended to read:
384     421.02  Finding and declaration of necessity.--It is hereby
385declared that:
386     (2)  Blighted Slum areas in the state cannot be revitalized
387cleared, nor can the shortage of safe and sanitary dwellings for
388persons of low income be relieved, through the operation of
389private enterprise, and that the construction of housing
390projects for persons of low income, as herein defined, would
391therefore not be competitive with private enterprise.
392     Section 13.  Subsection (8) of section 421.08, Florida
393Statutes, is renumbered as subsection (10), and new subsections
394(8) and (9) are added to said section, to read:
395     421.08  Powers of authority.--An authority shall constitute
396a public body corporate and politic, exercising the public and
397essential governmental functions set forth in this chapter, and
398having all the powers necessary or convenient to carry out and
399effectuate the purpose and provisions of this chapter, including
400the following powers in addition to others herein granted:
401     (8)  To create for-profit and not-for-profit corporations,
402limited liability companies, and such other business entities
403pursuant to the laws of this state in which housing authorities
404may hold an ownership interest or participate in their
405governance to engage in the development, acquisition, leasing,
406construction, rehabilitation, management, or operation of
407multifamily and single-family residential projects. These
408projects may include nonresidential uses and may use public and
409private funds to serve individuals or families who meet the
410applicable income requirements of the state or federal program
411involved, whose income does not exceed 150 percent of the
412applicable Area Median Income as established by the United
413States Department of Housing and Urban Development, and who, in
414the determination of the housing authority, lack sufficient
415income or assets to enable them to purchase or rent decent,
416safe, and sanitary dwelling. These corporations, limited
417liability companies, or other business entities are authorized
418and empowered to join partnerships, joint ventures, or limited
419liability companies or to otherwise engage with business
420entities in the development, acquisition, leasing, construction,
421rehabilitation, management, or operation of such projects. The
422creation of such corporations, limited liability companies, or
423other business entities by housing authorities for the purposes
424set forth in this chapter together with all proceedings, acts,
425and things theretofor undertaken, performed, or done are hereby
426validated, ratified, confirmed, approved, and declared legal in
427all respects.
428     (9)  Notwithstanding the provisions for per diem and travel
429expenses of public officers, employees, and authorized persons
430set forth in s. 112.061, the governing board of an authority may
431approve and implement policies for per diem, travel, and other
432expenses of its officials, officers, board members, employees,
433and authorized persons in a manner consistent with federal
434guidelines.
435     Section 14.  Section 421.09, Florida Statutes, is amended
436to read:
437     421.09  Operation not for profit.--It is the policy of this
438state that each housing authority shall manage and operate its
439housing projects in an efficient manner so as to enable it to
440fix the rentals for dwelling accommodations at the lowest
441possible rates consistent with its providing decent, safe and
442sanitary dwelling accommodations, and that no housing authority
443shall construct or operate any such project for profit, or as a
444source of revenue to the city. To this end an authority shall
445fix the rentals for dwellings in its project at no higher rate
446than it shall find to be necessary in order to produce revenues
447which, together with all other available moneys, revenue, income
448and receipts of the authority from whatever sources derived,
449will be sufficient:
450     (1)  To pay, as the same shall become due, the principal
451and interest on the debentures of the authority;
452     (2)  To meet the cost of, and to provide for, maintaining
453and operating the projects, including the cost of any insurance,
454and the administrative expenses of the authority; and
455     (3)  To create, during not less than the 6 years
456immediately succeeding its issuance of any debentures, a reserve
457sufficient to meet the largest principal and interest payments
458which will be due on such debentures in any one year thereafter,
459and to maintain such reserve.
460
461This section shall in no way prohibit or restrict the activities
462or operations of the business entities created pursuant to s.
463421.08(8).
464     Section 15.  Section 421.23, Florida Statutes, is amended
465to read:
466     421.23  Liabilities of authority.--In no event shall the
467liabilities, whether ex contractu or ex delicto, of an authority
468arising from the operation of its housing projects, be payable
469from any funds other than the rents, fees, or revenues of such
470projects and any grants or subsidies paid to such authority by
471the Federal Government, unless such other funds are lawfully
472pledged by the authority's governing board.
473     Section 16.  Section 421.54, Florida Statutes, is repealed.
474
475================= T I T L E  A M E N D M E N T =================
476     On page 1, remove line 7, and insert:
477a landlord; providing a popular name; creating s. 193.017, F.S.;
478providing for a low-income housing tax credit for certain
479property used for affordable housing; providing criteria,
480restrictions, and limitations; amending s. 253.034, F.S.;
481including affordable housing under provisions governing
482permittable uses of certain surplus state-owned lands; amending
483s. 420.0003, F.S.; providing additional criteria for the
484affordable housing delivery system under the state housing
485strategy; amending s. 420.507, F.S.; revising powers of the
486Florida Housing Finance Corporation to provide additional
487criteria and requirements for certain housing projects;
488providing additional powers to promote single family
489homeownership and establish requirements for reporting certain
490information relating to programs of the corporation; amending s.
491420.508, F.S.; providing the corporation with special powers to
492provide for master lease agreements for farmworker housing
493developments for certain purposes; amending s. 420.5087, F.S.;
494increasing a cap for loans per housing community for the
495elderly; revising a criterion for state apartment incentive
496loans; amending s. 420.511, F.S.; providing additional
497requirements for an annual report by the corporation; amending
498s. 420.9072, F.S.; providing additional legislative intent
499relating to local government affordable housing advisory
500committees; amending s. 420.9076, F.S.; providing for a minimum
501number of affordable housing advisory committee members;
502providing a criterion for additional members; requiring counties
503and municipalities participating in the State Housing Initiative
504Partnership Program to maintain an operational advisory
505committee; providing additional recommendation requirements for
506such advisory committees; providing additional duties of the
507advisory committees; amending s. 421.02, F.S.; revising a
508legislative declaration relating to blighted areas; amending s.
509421.08, F.S.; authorizing certain housing authorities to create
510business entities for certain purposes; providing requirements
511and limitations; authorizing such authorities to provide for per
512diem, travel, and other expenses; amending s. 421.09, F.S.;
513providing construction; amending s. 421.23, F.S.; revising a
514limitation on financial liabilities of such authorities;
515repealing s. 421.54, F.S., relating to housing authorities in
516Orange County and Seminole County; providing an effective date.


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