May 31, 2020
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CS/CS/CS/HB 665

1
A bill to be entitled
2An act relating to affordable housing; amending s. 20.055,
3F.S.; revising the definition of "state agency" to include
4the Florida Housing Finance Corporation; revising the
5definition of "agency head" to include the board of
6directors of the corporation; requiring the inspector
7general to prepare an annual report; amending s. 159.608,
8F.S.; providing a housing finance authority with an
9additional purpose for which it may exercise its power to
10borrow; amending s. 163.3177, F.S.; revising provisions
11relating to the elements of local comprehensive plans to
12include an element for affordable housing for certain
13seniors; providing for the disposition of real property by
14a local government for the development of affordable
15housing; amending s. 201.15, F.S.; revising the allocation
16of certain proceeds distributed from the excise tax on
17documents that are paid into the State Treasury to the
18credit of the State Housing Trust Fund; providing for
19retroactive repeal of s. 8, ch. 2009-131, Laws of Florida,
20to eliminate a conflicting version of s. 201.15, F.S.;
21amending s. 420.0003, F.S.; including the needs of persons
22with special needs in the state housing strategy's
23periodic review and report; amending s. 420.0004, F.S.;
24defining the terms "disabling condition" and "person with
25special needs"; conforming cross-references; amending s.
26420.0006, F.S.; removing an obsolete reference; deleting
27provisions requiring the inspector general of the
28Department of Community Affairs to perform functions for
29the corporation to conform to changes made by the act;
30amending s. 420.504, F.S.; authorizing the Secretary of
31Community Affairs to designate a senior-level agency
32employee to serve on the board of directors of the Florida
33Housing Finance Corporation; amending s. 420.506, F.S.;
34providing for the appointment of an inspector general of
35the Florida Housing Finance Corporation; providing
36appointing authority thereof; providing duties and
37responsibilities of the inspector general; amending s.
38420.507, F.S.; requiring certain rates of interest to be
39made available to sponsors of projects for persons with
40special needs; providing additional powers of the
41corporation relating to receipt of federal funds; revising
42powers of the corporation relating to criteria
43establishing a preference for eligible developers and
44general contractors; conforming a cross-reference;
45amending s. 420.5087, F.S.; limiting the reservation of
46funds within each notice of fund availability to the
47persons with special needs tenant group; including persons
48with special needs as a tenant group for specified
49purposes of the State Apartment Incentive Loan Program;
50revising and providing criteria to be used by a specified
51review committee for the competitive ranking of
52applications for such program; conforming a cross-
53reference; amending ss. 163.31771, 212.08, 215.5586, and
54420.503, F.S.; conforming cross-references; providing
55legislative intent; prohibiting funds from the State
56Housing Trust Fund or the Local Government Housing Trust
57Fund that are appropriated for specified programs from
58being used for certain purposes; providing for future
59repeal; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Paragraphs (a) and (b) of subsection (1) and
64subsection (7) of section 20.055, Florida Statutes, are amended
65to read:
66     20.055  Agency inspectors general.-
67     (1)  For the purposes of this section:
68     (a)  "State agency" means each department created pursuant
69to this chapter, and also includes the Executive Office of the
70Governor, the Department of Military Affairs, the Fish and
71Wildlife Conservation Commission, the Office of Insurance
72Regulation of the Financial Services Commission, the Office of
73Financial Regulation of the Financial Services Commission, the
74Public Service Commission, the Board of Governors of the State
75University System, the Florida Housing Finance Corporation, and
76the state courts system.
77     (b)  "Agency head" means the Governor, a Cabinet officer, a
78secretary as defined in s. 20.03(5), or an executive director as
79defined in s. 20.03(6). It also includes the chair of the Public
80Service Commission, the Director of the Office of Insurance
81Regulation of the Financial Services Commission, the Director of
82the Office of Financial Regulation of the Financial Services
83Commission, the board of directors of the Florida Housing
84Finance Corporation, and the Chief Justice of the State Supreme
85Court.
86     (7)(a)  Except as provided in paragraph (b), each inspector
87general shall, not later than September 30 of each year, prepare
88an annual report summarizing the activities of the office during
89the immediately preceding state fiscal year.
90     (b)  The inspector general of the Florida Housing Finance
91Corporation shall, not later than 90 days after the end of each
92fiscal year, prepare an annual report summarizing the activities
93of the office of inspector general during the immediately
94preceding fiscal year.
95     (c)  The final reports prepared pursuant to paragraphs (a)
96and (b) report shall be furnished to the heads of the respective
97agencies agency head. Such report shall include, but need not be
98limited to:
99     1.(a)  A description of activities relating to the
100development, assessment, and validation of performance measures.
101     2.(b)  A description of significant abuses and deficiencies
102relating to the administration of programs and operations of the
103agency disclosed by investigations, audits, reviews, or other
104activities during the reporting period.
105     3.(c)  A description of the recommendations for corrective
106action made by the inspector general during the reporting period
107with respect to significant problems, abuses, or deficiencies
108identified.
109     4.(d)  The identification of each significant
110recommendation described in previous annual reports on which
111corrective action has not been completed.
112     5.(e)  A summary of each audit and investigation completed
113during the reporting period.
114     Section 2.  Subsection (11) is added to section 159.608,
115Florida Statutes, to read:
116     159.608  Powers of housing finance authorities.-A housing
117finance authority shall constitute a public body corporate and
118politic, exercising the public and essential governmental
119functions set forth in this act, and shall exercise its power to
120borrow only for the purpose as provided herein:
121     (11)  To invest and reinvest surplus funds of the housing
122finance authority in accordance with s. 218.415. However, in
123addition to the investments expressly authorized in ss.
124218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
125may invest surplus funds in interest-bearing time deposits or
126savings accounts that are fully insured by the Federal Deposit
127Insurance Corporation regardless of whether the bank or
128financial institution in which the deposit or investment is made
129is a qualified public depository as defined in s. 280.02. This
130subsection is supplementary to and may not be construed as
131limiting any powers of a housing finance authority or providing
132or implying a limiting construction of any other statutory
133provision.
134     Section 3.  Paragraph (f) of subsection (6) of section
135163.3177, Florida Statutes, is amended to read:
136     163.3177  Required and optional elements of comprehensive
137plan; studies and surveys.-
138     (6)  In addition to the requirements of subsections (1)-(5)
139and (12), the comprehensive plan shall include the following
140elements:
141     (f)1.  A housing element consisting of standards, plans,
142and principles to be followed in:
143     a.  The provision of housing for all current and
144anticipated future residents of the jurisdiction.
145     b.  The elimination of substandard dwelling conditions.
146     c.  The structural and aesthetic improvement of existing
147housing.
148     d.  The provision of adequate sites for future housing,
149including affordable workforce housing as defined in s.
150380.0651(3)(j), housing for low-income, very low-income, and
151moderate-income families, mobile homes, affordable housing for
152seniors in counties with a population of more than 20 percent of
153persons 60 years of age or older and with a total population of
154over 100,000 persons, and group home facilities and foster care
155facilities, with supporting infrastructure and public
156facilities. Real property that is conveyed to a local government
157for affordable housing under this sub-subparagraph shall be
158disposed of by the local government pursuant to s. 125.379 or s.
159166.0451.
160     e.  Provision for relocation housing and identification of
161historically significant and other housing for purposes of
162conservation, rehabilitation, or replacement.
163     f.  The formulation of housing implementation programs.
164     g.  The creation or preservation of affordable housing to
165minimize the need for additional local services and avoid the
166concentration of affordable housing units only in specific areas
167of the jurisdiction.
168     h.  Energy efficiency in the design and construction of new
169housing.
170     i.  Use of renewable energy resources.
171     j.  Each county in which the gap between the buying power
172of a family of four and the median county home sale price
173exceeds $170,000, as determined by the Florida Housing Finance
174Corporation, and which is not designated as an area of critical
175state concern shall adopt a plan for ensuring affordable
176workforce housing. At a minimum, the plan shall identify
177adequate sites for such housing. For purposes of this sub-
178subparagraph, the term "workforce housing" means housing that is
179affordable to natural persons or families whose total household
180income does not exceed 140 percent of the area median income,
181adjusted for household size.
182     k.  As a precondition to receiving any state affordable
183housing funding or allocation for any project or program within
184the jurisdiction of a county that is subject to sub-subparagraph
185j., a county must, by July 1 of each year, provide certification
186that the county has complied with the requirements of sub-
187subparagraph j.
188
189The goals, objectives, and policies of the housing element must
190be based on the data and analysis prepared on housing needs,
191including the affordable housing needs assessment. State and
192federal housing plans prepared on behalf of the local government
193must be consistent with the goals, objectives, and policies of
194the housing element. Local governments are encouraged to use job
195training, job creation, and economic solutions to address a
196portion of their affordable housing concerns.
197     2.  To assist local governments in housing data collection
198and analysis and assure uniform and consistent information
199regarding the state's housing needs, the state land planning
200agency shall conduct an affordable housing needs assessment for
201all local jurisdictions on a schedule that coordinates the
202implementation of the needs assessment with the evaluation and
203appraisal reports required by s. 163.3191. Each local government
204shall utilize the data and analysis from the needs assessment as
205one basis for the housing element of its local comprehensive
206plan. The agency shall allow a local government the option to
207perform its own needs assessment, if it uses the methodology
208established by the agency by rule.
209     Section 4.  Subsections (9), (10), and (13) of section
210201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
21121, and 2009-68, Laws of Florida, are amended to read:
212     201.15  Distribution of taxes collected.-All taxes
213collected under this chapter are subject to the service charge
214imposed in s. 215.20(1). Prior to distribution under this
215section, the Department of Revenue shall deduct amounts
216necessary to pay the costs of the collection and enforcement of
217the tax levied by this chapter. Such costs and the service
218charge may not be levied against any portion of taxes pledged to
219debt service on bonds to the extent that the costs and service
220charge are required to pay any amounts relating to the bonds.
221After distributions are made pursuant to subsection (1), all of
222the costs of the collection and enforcement of the tax levied by
223this chapter and the service charge shall be available and
224transferred to the extent necessary to pay debt service and any
225other amounts payable with respect to bonds authorized before
226January 1, 2010, secured by revenues distributed pursuant to
227subsection (1). All taxes remaining after deduction of costs and
228the service charge shall be distributed as follows:
229     (9)  Seven and fifty-three hundredths The lesser of 7.53
230percent of the remaining taxes or $107 million in each fiscal
231year shall be paid into the State Treasury to the credit of the
232State Housing Trust Fund and used as follows:
233     (a)  Half of that amount shall be used for the purposes for
234which the State Housing Trust Fund was created and exists by
235law.
236     (b)  Half of that amount shall be paid into the State
237Treasury to the credit of the Local Government Housing Trust
238Fund and used for the purposes for which the Local Government
239Housing Trust Fund was created and exists by law.
240     (10)  Eight and sixty-six hundredths The lesser of 8.66
241percent of the remaining taxes or $136 million in each fiscal
242year shall be paid into the State Treasury to the credit of the
243State Housing Trust Fund and used as follows:
244     (a)  Twelve and one-half percent of that amount shall be
245deposited into the State Housing Trust Fund and be expended by
246the Department of Community Affairs and by the Florida Housing
247Finance Corporation for the purposes for which the State Housing
248Trust Fund was created and exists by law.
249     (b)  Eighty-seven and one-half percent of that amount shall
250be distributed to the Local Government Housing Trust Fund and
251used for the purposes for which the Local Government Housing
252Trust Fund was created and exists by law. Funds from this
253category may also be used to provide for state and local
254services to assist the homeless.
255     (13)  Beginning July 1, 2008, in each fiscal year that the
256remaining taxes collected under this chapter exceed collections
257in the prior fiscal year, the stated maximum dollar amounts
258provided in subsections (2), (4), (6), and (7), (9), and (10)
259shall each be increased by an amount equal to 10 percent of the
260increase in the remaining taxes collected under this chapter
261multiplied by the applicable percentage provided in those
262subsections.
263     Section 5.  Section 8 of chapter 2009-131, Laws of Florida,
264is repealed, retroactive to June 30, 2009.
265     Section 6.  Paragraph (c) of subsection (4) of section
266420.0003, Florida Statutes, is amended to read:
267     420.0003  State housing strategy.-
268     (4)  IMPLEMENTATION.-The Department of Community Affairs
269and the Florida Housing Finance Corporation in carrying out the
270strategy articulated herein shall have the following duties:
271     (c)  The Shimberg Center for Affordable Housing, in
272consultation with the Department of Community Affairs and the
273Florida Housing Finance Corporation, shall review and evaluate
274existing housing rehabilitation, production, and finance
275programs to determine their consistency with relevant policies
276in this section and identify the needs of specific populations,
277including, but not limited to, elderly persons, and handicapped
278persons, and persons with special needs, and shall recommend
279statutory modifications where appropriate. The Shimberg Center
280for Affordable Housing, in consultation with the Department of
281Community Affairs and the corporation, shall also evaluate the
282degree of coordination between state housing programs, and
283between state, federal, and local housing activities, and shall
284recommend improved program linkages. The recommendations
285required above and a report of any programmatic modifications
286made as a result of these policies shall be included in the
287housing report required by s. 420.6075, beginning December 31,
2881991, and every 5 years thereafter.
289     Section 7.  Section 420.0004, Florida Statutes, is amended
290to read:
291     420.0004  Definitions.-As used in this part, unless the
292context otherwise indicates:
293     (1)  "Adjusted for family size" means adjusted in a manner
294which results in an income eligibility level which is lower for
295households with fewer than four people, or higher for households
296with more than four people, than the base income eligibility
297determined as provided in subsection (9) (8), subsection (11)
298(10), subsection (12) (11), or subsection (17) (15), based upon
299a formula as established by the United States Department of
300Housing and Urban Development.
301     (2)  "Adjusted gross income" means all wages, assets,
302regular cash or noncash contributions or gifts from persons
303outside the household, and such other resources and benefits as
304may be determined to be income by the United States Department
305of Housing and Urban Development, adjusted for family size, less
306deductions allowable under s. 62 of the Internal Revenue Code.
307     (3)  "Affordable" means that monthly rents or monthly
308mortgage payments including taxes, insurance, and utilities do
309not exceed 30 percent of that amount which represents the
310percentage of the median adjusted gross annual income for the
311households as indicated in subsection (9) (8), subsection (11)
312(10), subsection (12) (11), or subsection (17) (15).
313     (4)  "Corporation" means the Florida Housing Finance
314Corporation.
315     (5)  "Community-based organization" or "nonprofit
316organization" means a private corporation organized under
317chapter 617 to assist in the provision of housing and related
318services on a not-for-profit basis and which is acceptable to
319federal and state agencies and financial institutions as a
320sponsor of low-income housing.
321     (6)  "Department" means the Department of Community
322Affairs.
323     (7)  "Disabling condition" means a diagnosable substance
324abuse disorder, serious mental illness, developmental
325disability, or chronic physical illness or disability, or the
326co-occurrence of two or more of these conditions, and a
327determination that the condition is:
328     (a)  Expected to be of long-continued and indefinite
329duration; and
330     (b)  Not expected to impair the ability of the person with
331special needs to live independently with appropriate supports.
332     (8)(7)  "Elderly" describes persons 62 years of age or
333older.
334     (9)(8)  "Extremely-low-income persons" means one or more
335natural persons or a family whose total annual household income
336does not exceed 30 percent of the median annual adjusted gross
337income for households within the state. The Florida Housing
338Finance Corporation may adjust this amount annually by rule to
339provide that in lower income counties, extremely low income may
340exceed 30 percent of area median income and that in higher
341income counties, extremely low income may be less than 30
342percent of area median income.
343     (10)(9)  "Local public body" means any county,
344municipality, or other political subdivision, or any housing
345authority as provided by chapter 421, which is eligible to
346sponsor or develop housing for farmworkers and very-low-income
347and low-income persons within its jurisdiction.
348     (11)(10)  "Low-income persons" means one or more natural
349persons or a family, the total annual adjusted gross household
350income of which does not exceed 80 percent of the median annual
351adjusted gross income for households within the state, or 80
352percent of the median annual adjusted gross income for
353households within the metropolitan statistical area (MSA) or, if
354not within an MSA, within the county in which the person or
355family resides, whichever is greater.
356     (12)(11)  "Moderate-income persons" means one or more
357natural persons or a family, the total annual adjusted gross
358household income of which is less than 120 percent of the median
359annual adjusted gross income for households within the state, or
360120 percent of the median annual adjusted gross income for
361households within the metropolitan statistical area (MSA) or, if
362not within an MSA, within the county in which the person or
363family resides, whichever is greater.
364     (13)  "Person with special needs" means an adult person
365requiring independent living services in order to maintain
366housing or develop independent living skills and who has a
367disabling condition; a young adult formerly in foster care who
368is eligible for services under s. 409.1451(5); a survivor of
369domestic violence as defined in s. 741.28; or a person receiving
370benefits under the Social Security Disability Insurance (SSDI)
371program or the Supplemental Security Income (SSI) program or
372from veterans' disability benefits.
373     (14)(12)  "Student" means any person not living with his or
374her parent or guardian who is eligible to be claimed by his or
375her parent or guardian as a dependent under the federal income
376tax code and who is enrolled on at least a half-time basis in a
377secondary school, career center, community college, college, or
378university.
379     (15)(13)  "Substandard" means:
380     (a)  Any unit lacking complete plumbing or sanitary
381facilities for the exclusive use of the occupants;
382     (b)  A unit which is in violation of one or more major
383sections of an applicable housing code and where such violation
384poses a serious threat to the health of the occupant; or
385     (c)  A unit that has been declared unfit for human
386habitation but that could be rehabilitated for less than 50
387percent of the property value.
388     (16)(14)  "Substantial rehabilitation" means repair or
389restoration of a dwelling unit where the value of such repair or
390restoration exceeds 40 percent of the value of the dwelling.
391     (17)(15)  "Very-low-income persons" means one or more
392natural persons or a family, not including students, the total
393annual adjusted gross household income of which does not exceed
39450 percent of the median annual adjusted gross income for
395households within the state, or 50 percent of the median annual
396adjusted gross income for households within the metropolitan
397statistical area (MSA) or, if not within an MSA, within the
398county in which the person or family resides, whichever is
399greater.
400     Section 8.  Section 420.0006, Florida Statutes, is amended
401to read:
402     420.0006  Authority to contract with corporation; contract
403requirements; nonperformance.-The secretary of the department
404shall contract, notwithstanding the provisions of part I of
405chapter 287, with the Florida Housing Finance Corporation on a
406multiyear basis to stimulate, provide, and foster affordable
407housing in the state. The contract must incorporate the
408performance measures required by s. 420.511 and must be
409consistent with the provisions of the corporation's strategic
410plan prepared in accordance with s. 420.511 and compatible with
411s. 216.0166. The contract must provide that, in the event the
412corporation fails to comply with any of the performance measures
413required by s. 420.511, the secretary shall notify the Governor
414and shall refer the nonperformance to the department's inspector
415general for review and determination as to whether such failure
416is due to forces beyond the corporation's control or whether
417such failure is due to inadequate management of the
418corporation's resources. Advances shall continue to be made
419pursuant to s. 420.0005 during the pendency of the review by the
420department's inspector general. If such failure is due to
421outside forces, it shall not be deemed a violation of the
422contract. If such failure is due to inadequate management, the
423department's inspector general shall provide recommendations
424regarding solutions. The Governor is authorized to resolve any
425differences of opinion with respect to performance under the
426contract and may request that advances continue in the event of
427a failure under the contract due to inadequate management. The
428Chief Financial Officer shall approve the request absent a
429finding by the Chief Financial Officer that continuing such
430advances would adversely impact the state; however, in any event
431the Chief Financial Officer shall provide advances sufficient to
432meet the debt service requirements of the corporation and
433sufficient to fund contracts committing funds from the State
434Housing Trust Fund so long as such contracts are in accordance
435with the laws of this state. The department inspector general
436shall perform for the corporation the functions set forth in s.
43720.055 and report to the secretary of the department. The
438corporation shall be deemed an agency for the purposes of s.
43920.055.
440     Section 9.  Subsection (3) of section 420.504, Florida
441Statutes, is amended to read:
442     420.504  Public corporation; creation, membership, terms,
443expenses.-
444     (3)  The corporation is a separate budget entity and is not
445subject to control, supervision, or direction by the Department
446of Community Affairs in any manner, including, but not limited
447to, personnel, purchasing, transactions involving real or
448personal property, and budgetary matters. The corporation shall
449consist of a board of directors composed of the Secretary of
450Community Affairs as an ex officio and voting member, or a
451senior-level agency employee designated by the secretary, and
452eight members appointed by the Governor subject to confirmation
453by the Senate from the following:
454     (a)  One citizen actively engaged in the residential home
455building industry.
456     (b)  One citizen actively engaged in the banking or
457mortgage banking industry.
458     (c)  One citizen who is a representative of those areas of
459labor engaged in home building.
460     (d)  One citizen with experience in housing development who
461is an advocate for low-income persons.
462     (e)  One citizen actively engaged in the commercial
463building industry.
464     (f)  One citizen who is a former local government elected
465official.
466     (g)  Two citizens of the state who are not principally
467employed as members or representatives of any of the groups
468specified in paragraphs (a)-(f).
469     Section 10.  Section 420.506, Florida Statutes, is amended
470to read:
471     420.506  Executive director; agents and employees;
472inspector general.-
473     (1)  The appointment and removal of an executive director
474shall be by the Secretary of Community Affairs, with the advice
475and consent of the corporation's board of directors. The
476executive director shall employ legal and technical experts and
477such other agents and employees, permanent and temporary, as the
478corporation may require, and shall communicate with and provide
479information to the Legislature with respect to the corporation's
480activities. The board is authorized, notwithstanding the
481provisions of s. 216.262, to develop and implement rules
482regarding the employment of employees of the corporation and
483service providers, including legal counsel. The board of
484directors of the corporation is entitled to establish travel
485procedures and guidelines for employees of the corporation. The
486executive director's office and the corporation's files and
487records must be located in Leon County.
488     (2)  The appointment and removal of an inspector general
489shall be by the executive director, with the advice and consent
490of the corporation's board of directors. The corporation's
491inspector general shall perform for the corporation the
492functions set forth in s. 20.055. The inspector general shall
493administratively report to the executive director. The inspector
494general shall meet the minimum qualifications as set forth s.
49520.055(4). The corporation may establish additional
496qualifications deemed necessary by the board of directors to
497meet the unique needs of the corporation. The inspector general
498shall be responsible for coordinating the responsibilities set
499forth in s. 420.0006.
500     Section 11.  Paragraph (a) of subsection (22) and
501subsections (33), (46), and (47) of section 420.507, Florida
502Statutes, are amended to read:
503     420.507  Powers of the corporation.-The corporation shall
504have all the powers necessary or convenient to carry out and
505effectuate the purposes and provisions of this part, including
506the following powers which are in addition to all other powers
507granted by other provisions of this part:
508     (22)  To develop and administer the State Apartment
509Incentive Loan Program. In developing and administering that
510program, the corporation may:
511     (a)  Make first, second, and other subordinated mortgage
512loans including variable or fixed rate loans subject to
513contingent interest for all State Apartment Incentive Loans
514provided in this chapter based upon available cash flow of the
515projects. The corporation shall make loans exceeding 25 percent
516of project cost only to nonprofit organizations and public
517bodies that are able to secure grants, donations of land, or
518contributions from other sources and to projects meeting the
519criteria of subparagraph 1. Mortgage loans shall be made
520available at the following rates of interest:
521     1.  Zero to 3 percent interest for sponsors of projects
522that set aside at least 80 percent of their total units for
523residents qualifying as farmworkers, commercial fishing workers,
524or the homeless as defined in s. 420.621, or persons with
525special needs as defined in s. 420.0004(13) over the life of the
526loan.
527     2.  Zero to 3 percent interest based on the pro rata share
528of units set aside for homeless residents or persons with
529special needs if the total of such units is less than 80 percent
530of the units in the borrower's project.
531     3.  One to 9 percent interest for sponsors of projects
532targeted at populations other than farmworkers, commercial
533fishing workers, or the homeless, or persons with special needs.
534     (33)  To receive federal funding in connection with the
535corporation's programs directly from the Federal Government and
536to receive federal funds for which no corresponding program has
537been created in statute and establish selection criteria for
538such funds by request for proposals or other competitive
539solicitation.
540     (46)  To require, as a condition of financing a multifamily
541rental project, that an agreement be recorded in the official
542records of the county where the real property is located, which
543requires that the project be used for housing defined as
544affordable in s. 420.0004(3) by persons defined in s.
545420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
546agreement is a state land use regulation that limits the highest
547and best use of the property within the meaning of s.
548193.011(2).
549     (47)  To provide by rule, in connection with any
550corporation competitive program, criteria establishing, where
551all other competitive elements are equal, a preference for
552developers and general contractors who demonstrate the highest
553rate of Florida job creation in the development and construction
554of affordable housing domiciled in this state and for developers
555and general contractors, regardless of domicile, who have
556substantial experience in developing or building affordable
557housing through the corporation's programs.
558     (a)  In evaluating whether a developer or general
559contractor is domiciled in this state, the corporation shall
560consider whether the developer's or general contractor's
561principal office is located in this state and whether a majority
562of the developer's or general contractor's principals and
563financial beneficiaries reside in Florida.
564     (b)  In evaluating whether a developer or general
565contractor has substantial experience, the corporation shall
566consider whether the developer or general contractor has
567completed at least five developments using funds either provided
568by or administered by the corporation.
569     Section 12.  Subsection (3) and paragraph (c) of subsection
570(6) of section 420.5087, Florida Statutes, are amended to read:
571     420.5087  State Apartment Incentive Loan Program.-There is
572hereby created the State Apartment Incentive Loan Program for
573the purpose of providing first, second, or other subordinated
574mortgage loans or loan guarantees to sponsors, including for-
575profit, nonprofit, and public entities, to provide housing
576affordable to very-low-income persons.
577     (3)  During the first 6 months of loan or loan guarantee
578availability, program funds shall be reserved for use by
579sponsors who provide the housing set-aside required in
580subsection (2) for the tenant groups designated in this
581subsection. The reservation of funds to each of these groups
582shall be determined using the most recent statewide very-low-
583income rental housing market study available at the time of
584publication of each notice of fund availability required by
585paragraph (6)(b). The reservation of funds within each notice of
586fund availability to the tenant groups in paragraphs (a), (b),
587and (e) (d) may not be less than 10 percent of the funds
588available at that time. Any increase in funding required to
589reach the 10-percent minimum must be taken from the tenant group
590that has the largest reservation. The reservation of funds
591within each notice of fund availability to the tenant group in
592paragraph (c) may not be less than 5 percent of the funds
593available at that time. The reservation of funds within each
594notice of fund availability to the tenant group in paragraph (d)
595may not be more than 10 percent of the funds available at that
596time. The tenant groups are:
597     (a)  Commercial fishing workers and farmworkers;
598     (b)  Families;
599     (c)  Persons who are homeless;
600     (d)  Persons with special needs; and
601     (e)(d)  Elderly persons. Ten percent of the amount reserved
602for the elderly shall be reserved to provide loans to sponsors
603of housing for the elderly for the purpose of making building
604preservation, health, or sanitation repairs or improvements
605which are required by federal, state, or local regulation or
606code, or lifesafety or security-related repairs or improvements
607to such housing. Such a loan may not exceed $750,000 per housing
608community for the elderly. In order to receive the loan, the
609sponsor of the housing community must make a commitment to match
610at least 5 percent of the loan amount to pay the cost of such
611repair or improvement. The corporation shall establish the rate
612of interest on the loan, which may not exceed 3 percent, and the
613term of the loan, which may not exceed 15 years; however, if the
614lien of the corporation's encumbrance is subordinate to the lien
615of another mortgagee, then the term may be made coterminous with
616the longest term of the superior lien. The term of the loan
617shall be based on a credit analysis of the applicant. The
618corporation may forgive indebtedness for a share of the loan
619attributable to the units in a project reserved for extremely-
620low-income elderly by nonprofit organizations, as defined in s.
621420.0004(5), where the project has provided affordable housing
622to the elderly for 15 years or more. The corporation shall
623establish, by rule, the procedure and criteria for receiving,
624evaluating, and competitively ranking all applications for loans
625under this paragraph. A loan application must include evidence
626of the first mortgagee's having reviewed and approved the
627sponsor's intent to apply for a loan. A nonprofit organization
628or sponsor may not use the proceeds of the loan to pay for
629administrative costs, routine maintenance, or new construction.
630     (6)  On all state apartment incentive loans, except loans
631made to housing communities for the elderly to provide for
632lifesafety, building preservation, health, sanitation, or
633security-related repairs or improvements, the following
634provisions shall apply:
635     (c)  The corporation shall provide by rule for the
636establishment of a review committee composed of the department
637and corporation staff and shall establish by rule a scoring
638system for evaluation and competitive ranking of applications
639submitted in this program, including, but not limited to, the
640following criteria:
641     1.  Tenant income and demographic targeting objectives of
642the corporation.
643     2.  Targeting objectives of the corporation which will
644ensure an equitable distribution of loans between rural and
645urban areas.
646     3.  Sponsor's agreement to reserve the units for persons or
647families who have incomes below 50 percent of the state or local
648median income, whichever is higher, for a time period to exceed
649the minimum required by federal law or the provisions of this
650part.
651     4.  Sponsor's agreement to reserve more than:
652     a.  Twenty percent of the units in the project for persons
653or families who have incomes that do not exceed 50 percent of
654the state or local median income, whichever is higher; or
655     b.  Forty percent of the units in the project for persons
656or families who have incomes that do not exceed 60 percent of
657the state or local median income, whichever is higher, without
658requiring a greater amount of the loans as provided in this
659section.
660     5.  Provision for tenant counseling.
661     6.  Sponsor's agreement to accept rental assistance
662certificates or vouchers as payment for rent.
663     7.  Projects requiring the least amount of a state
664apartment incentive loan compared to overall project cost except
665that the share of the loan attributable to units serving
666extremely-low-income persons shall be excluded from this
667requirement.
668     8.  Local government contributions and local government
669comprehensive planning and activities that promote affordable
670housing.
671     9.  Project feasibility.
672     10.  Economic viability of the project.
673     11.  Commitment of first mortgage financing.
674     12.  Sponsor's prior experience, including whether the
675developer and general contractor have substantial experience, as
676provided in s. 420.507(47).
677     13.  Sponsor's ability to proceed with construction.
678     14.  Projects that directly implement or assist welfare-to-
679work transitioning.
680     15.  Projects that reserve units for extremely-low-income
681persons.
682     16.  Projects that include green building principles,
683storm-resistant construction, or other elements that reduce
684long-term costs relating to maintenance, utilities, or
685insurance.
686     17.  Job-creation rate Domicile of the developer and
687general contractor, as provided in s. 420.507(47).
688     18.  Projects that reserve units for persons with special
689needs, provided services for such persons are available to the
690project.
691     Section 13.  Paragraphs (d), (e), (f), and (g) of
692subsection (2) of section 163.31771, Florida Statutes, are
693amended to read:
694     163.31771  Accessory dwelling units.-
695     (2)  As used in this section, the term:
696     (d)  "Low-income persons" has the same meaning as in s.
697420.0004(11)(10).
698     (e)  "Moderate-income persons" has the same meaning as in
699s. 420.0004(12)(11).
700     (f)  "Very-low-income persons" has the same meaning as in
701s. 420.0004(17)(15).
702     (g)  "Extremely-low-income persons" has the same meaning as
703in s. 420.0004(9)(8).
704     Section 14.  Paragraph (o) of subsection (5) of section
705212.08, Florida Statutes, is amended to read:
706     212.08  Sales, rental, use, consumption, distribution, and
707storage tax; specified exemptions.-The sale at retail, the
708rental, the use, the consumption, the distribution, and the
709storage to be used or consumed in this state of the following
710are hereby specifically exempt from the tax imposed by this
711chapter.
712     (5)  EXEMPTIONS; ACCOUNT OF USE.-
713     (o)  Building materials in redevelopment projects.-
714     1.  As used in this paragraph, the term:
715     a.  "Building materials" means tangible personal property
716that becomes a component part of a housing project or a mixed-
717use project.
718     b.  "Housing project" means the conversion of an existing
719manufacturing or industrial building to housing units in an
720urban high-crime area, enterprise zone, empowerment zone, Front
721Porch Community, designated brownfield area, or urban infill
722area and in which the developer agrees to set aside at least 20
723percent of the housing units in the project for low-income and
724moderate-income persons or the construction in a designated
725brownfield area of affordable housing for persons described in
726s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
727159.603(7).
728     c.  "Mixed-use project" means the conversion of an existing
729manufacturing or industrial building to mixed-use units that
730include artists' studios, art and entertainment services, or
731other compatible uses. A mixed-use project must be located in an
732urban high-crime area, enterprise zone, empowerment zone, Front
733Porch Community, designated brownfield area, or urban infill
734area, and the developer must agree to set aside at least 20
735percent of the square footage of the project for low-income and
736moderate-income housing.
737     d.  "Substantially completed" has the same meaning as
738provided in s. 192.042(1).
739     2.  Building materials used in the construction of a
740housing project or mixed-use project are exempt from the tax
741imposed by this chapter upon an affirmative showing to the
742satisfaction of the department that the requirements of this
743paragraph have been met. This exemption inures to the owner
744through a refund of previously paid taxes. To receive this
745refund, the owner must file an application under oath with the
746department which includes:
747     a.  The name and address of the owner.
748     b.  The address and assessment roll parcel number of the
749project for which a refund is sought.
750     c.  A copy of the building permit issued for the project.
751     d.  A certification by the local building code inspector
752that the project is substantially completed.
753     e.  A sworn statement, under penalty of perjury, from the
754general contractor licensed in this state with whom the owner
755contracted to construct the project, which statement lists the
756building materials used in the construction of the project and
757the actual cost thereof, and the amount of sales tax paid on
758these materials. If a general contractor was not used, the owner
759shall provide this information in a sworn statement, under
760penalty of perjury. Copies of invoices evidencing payment of
761sales tax must be attached to the sworn statement.
762     3.  An application for a refund under this paragraph must
763be submitted to the department within 6 months after the date
764the project is deemed to be substantially completed by the local
765building code inspector. Within 30 working days after receipt of
766the application, the department shall determine if it meets the
767requirements of this paragraph. A refund approved pursuant to
768this paragraph shall be made within 30 days after formal
769approval of the application by the department.
770     4.  The department shall establish by rule an application
771form and criteria for establishing eligibility for exemption
772under this paragraph.
773     5.  The exemption shall apply to purchases of materials on
774or after July 1, 2000.
775     Section 15.  Paragraphs (a) and (g) of subsection (2) of
776section 215.5586, Florida Statutes, are amended to read:
777     215.5586  My Safe Florida Home Program.-There is
778established within the Department of Financial Services the My
779Safe Florida Home Program. The department shall provide fiscal
780accountability, contract management, and strategic leadership
781for the program, consistent with this section. This section does
782not create an entitlement for property owners or obligate the
783state in any way to fund the inspection or retrofitting of
784residential property in this state. Implementation of this
785program is subject to annual legislative appropriations. It is
786the intent of the Legislature that the My Safe Florida Home
787Program provide trained and certified inspectors to perform
788inspections for owners of site-built, single-family, residential
789properties and grants to eligible applicants as funding allows.
790The program shall develop and implement a comprehensive and
791coordinated approach for hurricane damage mitigation that may
792include the following:
793     (2)  MITIGATION GRANTS.-Financial grants shall be used to
794encourage single-family, site-built, owner-occupied, residential
795property owners to retrofit their properties to make them less
796vulnerable to hurricane damage.
797     (a)  For a homeowner to be eligible for a grant, the
798following criteria must be met:
799     1.  The homeowner must have been granted a homestead
800exemption on the home under chapter 196.
801     2.  The home must be a dwelling with an insured value of
802$300,000 or less. Homeowners who are low-income persons, as
803defined in s. 420.0004(11)(10), are exempt from this
804requirement.
805     3.  The home must have undergone an acceptable hurricane
806mitigation inspection after May 1, 2007.
807     4.  The home must be located in the "wind-borne debris
808region" as that term is defined in s. 1609.2, International
809Building Code (2006), or as subsequently amended.
810     5.  The building permit application for initial
811construction of the home must have been made before March 1,
8122002.
813
814An application for a grant must contain a signed or
815electronically verified statement made under penalty of perjury
816that the applicant has submitted only a single application and
817must have attached documents demonstrating the applicant meets
818the requirements of this paragraph.
819     (g)  Low-income homeowners, as defined in s.
820420.0004(11)(10), who otherwise meet the requirements of
821paragraphs (a), (c), (e), and (f) are eligible for a grant of up
822to $5,000 and are not required to provide a matching amount to
823receive the grant. Additionally, for low-income homeowners,
824grant funding may be used for repair to existing structures
825leading to any of the mitigation improvements provided in
826paragraph (e), limited to 20 percent of the grant value. The
827program may accept a certification directly from a low-income
828homeowner that the homeowner meets the requirements of s.
829420.0004(11)(10) if the homeowner provides such certification in
830a signed or electronically verified statement made under penalty
831of perjury.
832     Section 16.  Subsection (19) of section 420.503, Florida
833Statutes, is amended to read:
834     420.503  Definitions.-As used in this part, the term:
835     (19)  "Housing for the elderly" means, for purposes of s.
836420.5087(3)(e)(d), any nonprofit housing community that is
837financed by a mortgage loan made or insured by the United States
838Department of Housing and Urban Development under s. 202, s. 202
839with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
840National Housing Act, as amended, and that is subject to income
841limitations established by the United States Department of
842Housing and Urban Development, or any program funded by the
843Rural Development Agency of the United States Department of
844Agriculture and subject to income limitations established by the
845United States Department of Agriculture. A project which
846qualifies for an exemption under the Fair Housing Act as housing
847for older persons as defined by s. 760.29(4) shall qualify as
848housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
849for purposes of any loans made pursuant to s. 420.508. In
850addition, if the corporation adopts a qualified allocation plan
851pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
852other rules that prioritize projects targeting the elderly for
853purposes of allocating tax credits pursuant to s. 420.5099 or
854for purposes of the HOME program under s. 420.5089, a project
855which qualifies for an exemption under the Fair Housing Act as
856housing for older persons as defined by s. 760.29(4) shall
857qualify as a project targeted for the elderly, if the project
858satisfies the other requirements set forth in this part.
859     Section 17.  (1)  The Legislature finds that due to the
860current economic conditions in the housing market there is a
861critical need to rehabilitate or sell excess inventory of unsold
862homes, including foreclosed homes and newly constructed homes,
863as well as a critical need for the rehabilitation and
864preservation of older, affordable apartments. The Legislature
865further finds that there is a critical need to create housing-
866related jobs and that these conditions require the targeting of
867state and local housing trust fund moneys to assist in the sale
868or rehabilitation of existing homes and the preservation and
869rehabilitation of older rental apartments.
870     (2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
871420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
872(5)(b), Florida Statutes, funds from the State Housing Trust
873Fund or the Local Government Housing Trust Fund that are
874appropriated for use in the State Apartment Incentive Loan
875Program, Florida Homeownership Assistance Program, Community
876Workforce Housing Innovation Pilot Program, or the State Housing
877Initiatives Partnership Program may not be used to:
878     (a)  Finance or otherwise assist the construction or
879purchase of housing sold to eligible individuals, unless the
880housing unit being sold had an initial certificate of occupancy
881prior to December 31, 2009; or
882     (b)  Finance or otherwise assist in the construction or
883purchase of rental housing, unless the development being
884financed or assisted received its initial certificate of
885occupancy prior to December 31, 1995.
886
887Nothing in this section restricts the use of such funds to
888assist with the purchase of newly constructed homes that were
889completed prior to December 31, 2009, or the acquisition and
890rehabilitation of apartments that received their initial
891certificate of occupancy prior to December 31, 1995. The use of
892such funds is subject to the restrictions of the program under
893which the funding is made available.
894     (3)  This section expires July 1, 2011.
895     Section 18.  This act shall take effect July 1, 2010.


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