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
12authorize the inclusion of an element for affordable
13housing for certain seniors; providing for the disposition
14of real property by a local government for the development
15of affordable housing; amending s. 201.15, F.S.; revising
16the allocation of certain proceeds distributed from the
17excise tax on documents that are paid into the State
18Treasury to the credit of the State Housing Trust Fund;
19providing for retroactive repeal of s. 8, ch. 2009-131,
20Laws of Florida, to eliminate a conflicting version of s.
21201.15, F.S.; amending s. 420.0003, F.S.; including the
22needs of persons with special needs in the state housing
23strategy's periodic review and report; amending s.
24420.0004, F.S.; defining the terms "disabling condition"
25and "person with special needs"; conforming cross-
26references; amending s. 420.0006, F.S.; removing an
27obsolete reference; deleting provisions requiring the
28inspector general of the Department of Community Affairs
29to perform functions for the corporation to conform to
30changes made by the act; amending s. 420.504, F.S.;
31authorizing the Secretary of Community Affairs to
32designate a senior-level agency employee to serve on the
33board of directors of the Florida Housing Finance
34Corporation; amending s. 420.506, F.S.; providing for the
35appointment of an inspector general of the Florida Housing
36Finance Corporation; providing appointing authority
37thereof; providing duties and responsibilities of the
38inspector general; amending s. 420.507, F.S.; requiring
39certain rates of interest to be made available to sponsors
40of projects for persons with special needs; providing
41additional powers of the corporation relating to receipt
42of federal funds; revising powers of the corporation
43relating to criteria establishing a preference for
44eligible developers and general contractors; conforming a
45cross-reference; amending s. 420.5087, F.S.; limiting the
46reservation of funds within each notice of fund
47availability to the persons with special needs tenant
48group; including persons with special needs as a tenant
49group for specified purposes of the State Apartment
50Incentive Loan Program; revising and providing criteria to
51be used by a specified review committee for the
52competitive ranking of applications for such program;
53conforming a cross-reference; amending ss. 163.31771,
54212.08, 215.5586, and 420.503, F.S.; conforming cross-
55references; providing legislative intent; prohibiting
56funds from the State Housing Trust Fund or the Local
57Government Housing Trust Fund that are appropriated for
58specified programs from being used for certain purposes;
59providing for future repeal; 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, and group home
152facilities and foster care facilities, with supporting
153infrastructure and public facilities. The element may include
154provisions that specifically address affordable housing for
155persons 60 years of age or older. Real property that is conveyed
156to a local government for affordable housing under this sub-
157subparagraph shall be disposed of by the local government
158pursuant to s. 125.379 or s. 166.0451.
159     e.  Provision for relocation housing and identification of
160historically significant and other housing for purposes of
161conservation, rehabilitation, or replacement.
162     f.  The formulation of housing implementation programs.
163     g.  The creation or preservation of affordable housing to
164minimize the need for additional local services and avoid the
165concentration of affordable housing units only in specific areas
166of the jurisdiction.
167     h.  Energy efficiency in the design and construction of new
168housing.
169     i.  Use of renewable energy resources.
170     j.  Each county in which the gap between the buying power
171of a family of four and the median county home sale price
172exceeds $170,000, as determined by the Florida Housing Finance
173Corporation, and which is not designated as an area of critical
174state concern shall adopt a plan for ensuring affordable
175workforce housing. At a minimum, the plan shall identify
176adequate sites for such housing. For purposes of this sub-
177subparagraph, the term "workforce housing" means housing that is
178affordable to natural persons or families whose total household
179income does not exceed 140 percent of the area median income,
180adjusted for household size.
181     k.  As a precondition to receiving any state affordable
182housing funding or allocation for any project or program within
183the jurisdiction of a county that is subject to sub-subparagraph
184j., a county must, by July 1 of each year, provide certification
185that the county has complied with the requirements of sub-
186subparagraph j.
187
188The goals, objectives, and policies of the housing element must
189be based on the data and analysis prepared on housing needs,
190including the affordable housing needs assessment. State and
191federal housing plans prepared on behalf of the local government
192must be consistent with the goals, objectives, and policies of
193the housing element. Local governments are encouraged to use job
194training, job creation, and economic solutions to address a
195portion of their affordable housing concerns.
196     2.  To assist local governments in housing data collection
197and analysis and assure uniform and consistent information
198regarding the state's housing needs, the state land planning
199agency shall conduct an affordable housing needs assessment for
200all local jurisdictions on a schedule that coordinates the
201implementation of the needs assessment with the evaluation and
202appraisal reports required by s. 163.3191. Each local government
203shall utilize the data and analysis from the needs assessment as
204one basis for the housing element of its local comprehensive
205plan. The agency shall allow a local government the option to
206perform its own needs assessment, if it uses the methodology
207established by the agency by rule.
208     Section 4.  Subsections (9), (10), and (13) of section
209201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
21021, and 2009-68, Laws of Florida, are amended to read:
211     201.15  Distribution of taxes collected.-All taxes
212collected under this chapter are subject to the service charge
213imposed in s. 215.20(1). Prior to distribution under this
214section, the Department of Revenue shall deduct amounts
215necessary to pay the costs of the collection and enforcement of
216the tax levied by this chapter. Such costs and the service
217charge may not be levied against any portion of taxes pledged to
218debt service on bonds to the extent that the costs and service
219charge are required to pay any amounts relating to the bonds.
220After distributions are made pursuant to subsection (1), all of
221the costs of the collection and enforcement of the tax levied by
222this chapter and the service charge shall be available and
223transferred to the extent necessary to pay debt service and any
224other amounts payable with respect to bonds authorized before
225January 1, 2010, secured by revenues distributed pursuant to
226subsection (1). All taxes remaining after deduction of costs and
227the service charge shall be distributed as follows:
228     (9)  Seven and fifty-three hundredths The lesser of 7.53
229percent of the remaining taxes or $107 million in each fiscal
230year shall be paid into the State Treasury to the credit of the
231State Housing Trust Fund and used as follows:
232     (a)  Half of that amount shall be used for the purposes for
233which the State Housing Trust Fund was created and exists by
234law.
235     (b)  Half of that amount shall be paid into the State
236Treasury to the credit of the Local Government Housing Trust
237Fund and used for the purposes for which the Local Government
238Housing Trust Fund was created and exists by law.
239     (10)  Eight and sixty-six hundredths The lesser of 8.66
240percent of the remaining taxes or $136 million in each fiscal
241year shall be paid into the State Treasury to the credit of the
242State Housing Trust Fund and used as follows:
243     (a)  Twelve and one-half percent of that amount shall be
244deposited into the State Housing Trust Fund and be expended by
245the Department of Community Affairs and by the Florida Housing
246Finance Corporation for the purposes for which the State Housing
247Trust Fund was created and exists by law.
248     (b)  Eighty-seven and one-half percent of that amount shall
249be distributed to the Local Government Housing Trust Fund and
250used for the purposes for which the Local Government Housing
251Trust Fund was created and exists by law. Funds from this
252category may also be used to provide for state and local
253services to assist the homeless.
254     (13)  Beginning July 1, 2008, in each fiscal year that the
255remaining taxes collected under this chapter exceed collections
256in the prior fiscal year, the stated maximum dollar amounts
257provided in subsections (2), (4), (6), and (7), (9), and (10)
258shall each be increased by an amount equal to 10 percent of the
259increase in the remaining taxes collected under this chapter
260multiplied by the applicable percentage provided in those
261subsections.
262     Section 5.  Section 8 of chapter 2009-131, Laws of Florida,
263is repealed, retroactive to June 30, 2009.
264     Section 6.  Paragraph (c) of subsection (4) of section
265420.0003, Florida Statutes, is amended to read:
266     420.0003  State housing strategy.-
267     (4)  IMPLEMENTATION.-The Department of Community Affairs
268and the Florida Housing Finance Corporation in carrying out the
269strategy articulated herein shall have the following duties:
270     (c)  The Shimberg Center for Affordable Housing, in
271consultation with the Department of Community Affairs and the
272Florida Housing Finance Corporation, shall review and evaluate
273existing housing rehabilitation, production, and finance
274programs to determine their consistency with relevant policies
275in this section and identify the needs of specific populations,
276including, but not limited to, elderly persons, and handicapped
277persons, and persons with special needs, and shall recommend
278statutory modifications where appropriate. The Shimberg Center
279for Affordable Housing, in consultation with the Department of
280Community Affairs and the corporation, shall also evaluate the
281degree of coordination between state housing programs, and
282between state, federal, and local housing activities, and shall
283recommend improved program linkages. The recommendations
284required above and a report of any programmatic modifications
285made as a result of these policies shall be included in the
286housing report required by s. 420.6075, beginning December 31,
2871991, and every 5 years thereafter.
288     Section 7.  Section 420.0004, Florida Statutes, is amended
289to read:
290     420.0004  Definitions.-As used in this part, unless the
291context otherwise indicates:
292     (1)  "Adjusted for family size" means adjusted in a manner
293which results in an income eligibility level which is lower for
294households with fewer than four people, or higher for households
295with more than four people, than the base income eligibility
296determined as provided in subsection (9) (8), subsection (11)
297(10), subsection (12) (11), or subsection (17) (15), based upon
298a formula as established by the United States Department of
299Housing and Urban Development.
300     (2)  "Adjusted gross income" means all wages, assets,
301regular cash or noncash contributions or gifts from persons
302outside the household, and such other resources and benefits as
303may be determined to be income by the United States Department
304of Housing and Urban Development, adjusted for family size, less
305deductions allowable under s. 62 of the Internal Revenue Code.
306     (3)  "Affordable" means that monthly rents or monthly
307mortgage payments including taxes, insurance, and utilities do
308not exceed 30 percent of that amount which represents the
309percentage of the median adjusted gross annual income for the
310households as indicated in subsection (9) (8), subsection (11)
311(10), subsection (12) (11), or subsection (17) (15).
312     (4)  "Corporation" means the Florida Housing Finance
313Corporation.
314     (5)  "Community-based organization" or "nonprofit
315organization" means a private corporation organized under
316chapter 617 to assist in the provision of housing and related
317services on a not-for-profit basis and which is acceptable to
318federal and state agencies and financial institutions as a
319sponsor of low-income housing.
320     (6)  "Department" means the Department of Community
321Affairs.
322     (7)  "Disabling condition" means a diagnosable substance
323abuse disorder, serious mental illness, developmental
324disability, or chronic physical illness or disability, or the
325co-occurrence of two or more of these conditions, and a
326determination that the condition is:
327     (a)  Expected to be of long-continued and indefinite
328duration; and
329     (b)  Not expected to impair the ability of the person with
330special needs to live independently with appropriate supports.
331     (8)(7)  "Elderly" describes persons 62 years of age or
332older.
333     (9)(8)  "Extremely-low-income persons" means one or more
334natural persons or a family whose total annual household income
335does not exceed 30 percent of the median annual adjusted gross
336income for households within the state. The Florida Housing
337Finance Corporation may adjust this amount annually by rule to
338provide that in lower income counties, extremely low income may
339exceed 30 percent of area median income and that in higher
340income counties, extremely low income may be less than 30
341percent of area median income.
342     (10)(9)  "Local public body" means any county,
343municipality, or other political subdivision, or any housing
344authority as provided by chapter 421, which is eligible to
345sponsor or develop housing for farmworkers and very-low-income
346and low-income persons within its jurisdiction.
347     (11)(10)  "Low-income persons" means one or more natural
348persons or a family, the total annual adjusted gross household
349income of which does not exceed 80 percent of the median annual
350adjusted gross income for households within the state, or 80
351percent of the median annual adjusted gross income for
352households within the metropolitan statistical area (MSA) or, if
353not within an MSA, within the county in which the person or
354family resides, whichever is greater.
355     (12)(11)  "Moderate-income persons" means one or more
356natural persons or a family, the total annual adjusted gross
357household income of which is less than 120 percent of the median
358annual adjusted gross income for households within the state, or
359120 percent of the median annual adjusted gross income for
360households within the metropolitan statistical area (MSA) or, if
361not within an MSA, within the county in which the person or
362family resides, whichever is greater.
363     (13)  "Person with special needs" means an adult person
364requiring independent living services in order to maintain
365housing or develop independent living skills and who has a
366disabling condition; a young adult formerly in foster care who
367is eligible for services under s. 409.1451(5); a survivor of
368domestic violence as defined in s. 741.28; or a person receiving
369benefits under the Social Security Disability Insurance (SSDI)
370program or the Supplemental Security Income (SSI) program or
371from veterans' disability benefits.
372     (14)(12)  "Student" means any person not living with his or
373her parent or guardian who is eligible to be claimed by his or
374her parent or guardian as a dependent under the federal income
375tax code and who is enrolled on at least a half-time basis in a
376secondary school, career center, community college, college, or
377university.
378     (15)(13)  "Substandard" means:
379     (a)  Any unit lacking complete plumbing or sanitary
380facilities for the exclusive use of the occupants;
381     (b)  A unit which is in violation of one or more major
382sections of an applicable housing code and where such violation
383poses a serious threat to the health of the occupant; or
384     (c)  A unit that has been declared unfit for human
385habitation but that could be rehabilitated for less than 50
386percent of the property value.
387     (16)(14)  "Substantial rehabilitation" means repair or
388restoration of a dwelling unit where the value of such repair or
389restoration exceeds 40 percent of the value of the dwelling.
390     (17)(15)  "Very-low-income persons" means one or more
391natural persons or a family, not including students, the total
392annual adjusted gross household income of which does not exceed
39350 percent of the median annual adjusted gross income for
394households within the state, or 50 percent of the median annual
395adjusted gross income for households within the metropolitan
396statistical area (MSA) or, if not within an MSA, within the
397county in which the person or family resides, whichever is
398greater.
399     Section 8.  Section 420.0006, Florida Statutes, is amended
400to read:
401     420.0006  Authority to contract with corporation; contract
402requirements; nonperformance.-The secretary of the department
403shall contract, notwithstanding the provisions of part I of
404chapter 287, with the Florida Housing Finance Corporation on a
405multiyear basis to stimulate, provide, and foster affordable
406housing in the state. The contract must incorporate the
407performance measures required by s. 420.511 and must be
408consistent with the provisions of the corporation's strategic
409plan prepared in accordance with s. 420.511 and compatible with
410s. 216.0166. The contract must provide that, in the event the
411corporation fails to comply with any of the performance measures
412required by s. 420.511, the secretary shall notify the Governor
413and shall refer the nonperformance to the department's inspector
414general for review and determination as to whether such failure
415is due to forces beyond the corporation's control or whether
416such failure is due to inadequate management of the
417corporation's resources. Advances shall continue to be made
418pursuant to s. 420.0005 during the pendency of the review by the
419department's inspector general. If such failure is due to
420outside forces, it shall not be deemed a violation of the
421contract. If such failure is due to inadequate management, the
422department's inspector general shall provide recommendations
423regarding solutions. The Governor is authorized to resolve any
424differences of opinion with respect to performance under the
425contract and may request that advances continue in the event of
426a failure under the contract due to inadequate management. The
427Chief Financial Officer shall approve the request absent a
428finding by the Chief Financial Officer that continuing such
429advances would adversely impact the state; however, in any event
430the Chief Financial Officer shall provide advances sufficient to
431meet the debt service requirements of the corporation and
432sufficient to fund contracts committing funds from the State
433Housing Trust Fund so long as such contracts are in accordance
434with the laws of this state. The department inspector general
435shall perform for the corporation the functions set forth in s.
43620.055 and report to the secretary of the department. The
437corporation shall be deemed an agency for the purposes of s.
43820.055.
439     Section 9.  Subsection (3) of section 420.504, Florida
440Statutes, is amended to read:
441     420.504  Public corporation; creation, membership, terms,
442expenses.-
443     (3)  The corporation is a separate budget entity and is not
444subject to control, supervision, or direction by the Department
445of Community Affairs in any manner, including, but not limited
446to, personnel, purchasing, transactions involving real or
447personal property, and budgetary matters. The corporation shall
448consist of a board of directors composed of the Secretary of
449Community Affairs as an ex officio and voting member, or a
450senior-level agency employee designated by the secretary, and
451eight members appointed by the Governor subject to confirmation
452by the Senate from the following:
453     (a)  One citizen actively engaged in the residential home
454building industry.
455     (b)  One citizen actively engaged in the banking or
456mortgage banking industry.
457     (c)  One citizen who is a representative of those areas of
458labor engaged in home building.
459     (d)  One citizen with experience in housing development who
460is an advocate for low-income persons.
461     (e)  One citizen actively engaged in the commercial
462building industry.
463     (f)  One citizen who is a former local government elected
464official.
465     (g)  Two citizens of the state who are not principally
466employed as members or representatives of any of the groups
467specified in paragraphs (a)-(f).
468     Section 10.  Section 420.506, Florida Statutes, is amended
469to read:
470     420.506  Executive director; agents and employees;
471inspector general.-
472     (1)  The appointment and removal of an executive director
473shall be by the Secretary of Community Affairs, with the advice
474and consent of the corporation's board of directors. The
475executive director shall employ legal and technical experts and
476such other agents and employees, permanent and temporary, as the
477corporation may require, and shall communicate with and provide
478information to the Legislature with respect to the corporation's
479activities. The board is authorized, notwithstanding the
480provisions of s. 216.262, to develop and implement rules
481regarding the employment of employees of the corporation and
482service providers, including legal counsel. The board of
483directors of the corporation is entitled to establish travel
484procedures and guidelines for employees of the corporation. The
485executive director's office and the corporation's files and
486records must be located in Leon County.
487     (2)  The appointment and removal of an inspector general
488shall be by the executive director, with the advice and consent
489of the corporation's board of directors. The corporation's
490inspector general shall perform for the corporation the
491functions set forth in s. 20.055. The inspector general shall
492administratively report to the executive director. The inspector
493general shall meet the minimum qualifications as set forth s.
49420.055(4). The corporation may establish additional
495qualifications deemed necessary by the board of directors to
496meet the unique needs of the corporation. The inspector general
497shall be responsible for coordinating the responsibilities set
498forth in s. 420.0006.
499     Section 11.  Paragraph (a) of subsection (22) and
500subsections (33), (46), and (47) of section 420.507, Florida
501Statutes, are amended to read:
502     420.507  Powers of the corporation.-The corporation shall
503have all the powers necessary or convenient to carry out and
504effectuate the purposes and provisions of this part, including
505the following powers which are in addition to all other powers
506granted by other provisions of this part:
507     (22)  To develop and administer the State Apartment
508Incentive Loan Program. In developing and administering that
509program, the corporation may:
510     (a)  Make first, second, and other subordinated mortgage
511loans including variable or fixed rate loans subject to
512contingent interest for all State Apartment Incentive Loans
513provided in this chapter based upon available cash flow of the
514projects. The corporation shall make loans exceeding 25 percent
515of project cost only to nonprofit organizations and public
516bodies that are able to secure grants, donations of land, or
517contributions from other sources and to projects meeting the
518criteria of subparagraph 1. Mortgage loans shall be made
519available at the following rates of interest:
520     1.  Zero to 3 percent interest for sponsors of projects
521that set aside at least 80 percent of their total units for
522residents qualifying as farmworkers, commercial fishing workers,
523or the homeless as defined in s. 420.621, or persons with
524special needs as defined in s. 420.0004(13) over the life of the
525loan.
526     2.  Zero to 3 percent interest based on the pro rata share
527of units set aside for homeless residents or persons with
528special needs if the total of such units is less than 80 percent
529of the units in the borrower's project.
530     3.  One to 9 percent interest for sponsors of projects
531targeted at populations other than farmworkers, commercial
532fishing workers, or the homeless, or persons with special needs.
533     (33)  To receive federal funding in connection with the
534corporation's programs directly from the Federal Government and
535to receive federal funds for which no corresponding program has
536been created in statute and establish selection criteria for
537such funds by request for proposals or other competitive
538solicitation.
539     (46)  To require, as a condition of financing a multifamily
540rental project, that an agreement be recorded in the official
541records of the county where the real property is located, which
542requires that the project be used for housing defined as
543affordable in s. 420.0004(3) by persons defined in s.
544420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
545agreement is a state land use regulation that limits the highest
546and best use of the property within the meaning of s.
547193.011(2).
548     (47)  To provide by rule, in connection with any
549corporation competitive program, criteria establishing, where
550all other competitive elements are equal, a preference for
551developers and general contractors who demonstrate the highest
552rate of Florida job creation in the development and construction
553of affordable housing domiciled in this state and for developers
554and general contractors, regardless of domicile, who have
555substantial experience in developing or building affordable
556housing through the corporation's programs.
557     (a)  In evaluating whether a developer or general
558contractor is domiciled in this state, the corporation shall
559consider whether the developer's or general contractor's
560principal office is located in this state and whether a majority
561of the developer's or general contractor's principals and
562financial beneficiaries reside in Florida.
563     (b)  In evaluating whether a developer or general
564contractor has substantial experience, the corporation shall
565consider whether the developer or general contractor has
566completed at least five developments using funds either provided
567by or administered by the corporation.
568     Section 12.  Subsection (3) and paragraph (c) of subsection
569(6) of section 420.5087, Florida Statutes, are amended to read:
570     420.5087  State Apartment Incentive Loan Program.-There is
571hereby created the State Apartment Incentive Loan Program for
572the purpose of providing first, second, or other subordinated
573mortgage loans or loan guarantees to sponsors, including for-
574profit, nonprofit, and public entities, to provide housing
575affordable to very-low-income persons.
576     (3)  During the first 6 months of loan or loan guarantee
577availability, program funds shall be reserved for use by
578sponsors who provide the housing set-aside required in
579subsection (2) for the tenant groups designated in this
580subsection. The reservation of funds to each of these groups
581shall be determined using the most recent statewide very-low-
582income rental housing market study available at the time of
583publication of each notice of fund availability required by
584paragraph (6)(b). The reservation of funds within each notice of
585fund availability to the tenant groups in paragraphs (a), (b),
586and (e) (d) may not be less than 10 percent of the funds
587available at that time. Any increase in funding required to
588reach the 10-percent minimum must be taken from the tenant group
589that has the largest reservation. The reservation of funds
590within each notice of fund availability to the tenant group in
591paragraph (c) may not be less than 5 percent of the funds
592available at that time. The reservation of funds within each
593notice of fund availability to the tenant group in paragraph (d)
594may not be more than 10 percent of the funds available at that
595time. The tenant groups are:
596     (a)  Commercial fishing workers and farmworkers;
597     (b)  Families;
598     (c)  Persons who are homeless;
599     (d)  Persons with special needs; and
600     (e)(d)  Elderly persons. Ten percent of the amount reserved
601for the elderly shall be reserved to provide loans to sponsors
602of housing for the elderly for the purpose of making building
603preservation, health, or sanitation repairs or improvements
604which are required by federal, state, or local regulation or
605code, or lifesafety or security-related repairs or improvements
606to such housing. Such a loan may not exceed $750,000 per housing
607community for the elderly. In order to receive the loan, the
608sponsor of the housing community must make a commitment to match
609at least 5 percent of the loan amount to pay the cost of such
610repair or improvement. The corporation shall establish the rate
611of interest on the loan, which may not exceed 3 percent, and the
612term of the loan, which may not exceed 15 years; however, if the
613lien of the corporation's encumbrance is subordinate to the lien
614of another mortgagee, then the term may be made coterminous with
615the longest term of the superior lien. The term of the loan
616shall be based on a credit analysis of the applicant. The
617corporation may forgive indebtedness for a share of the loan
618attributable to the units in a project reserved for extremely-
619low-income elderly by nonprofit organizations, as defined in s.
620420.0004(5), where the project has provided affordable housing
621to the elderly for 15 years or more. The corporation shall
622establish, by rule, the procedure and criteria for receiving,
623evaluating, and competitively ranking all applications for loans
624under this paragraph. A loan application must include evidence
625of the first mortgagee's having reviewed and approved the
626sponsor's intent to apply for a loan. A nonprofit organization
627or sponsor may not use the proceeds of the loan to pay for
628administrative costs, routine maintenance, or new construction.
629     (6)  On all state apartment incentive loans, except loans
630made to housing communities for the elderly to provide for
631lifesafety, building preservation, health, sanitation, or
632security-related repairs or improvements, the following
633provisions shall apply:
634     (c)  The corporation shall provide by rule for the
635establishment of a review committee composed of the department
636and corporation staff and shall establish by rule a scoring
637system for evaluation and competitive ranking of applications
638submitted in this program, including, but not limited to, the
639following criteria:
640     1.  Tenant income and demographic targeting objectives of
641the corporation.
642     2.  Targeting objectives of the corporation which will
643ensure an equitable distribution of loans between rural and
644urban areas.
645     3.  Sponsor's agreement to reserve the units for persons or
646families who have incomes below 50 percent of the state or local
647median income, whichever is higher, for a time period to exceed
648the minimum required by federal law or the provisions of this
649part.
650     4.  Sponsor's agreement to reserve more than:
651     a.  Twenty percent of the units in the project for persons
652or families who have incomes that do not exceed 50 percent of
653the state or local median income, whichever is higher; or
654     b.  Forty percent of the units in the project for persons
655or families who have incomes that do not exceed 60 percent of
656the state or local median income, whichever is higher, without
657requiring a greater amount of the loans as provided in this
658section.
659     5.  Provision for tenant counseling.
660     6.  Sponsor's agreement to accept rental assistance
661certificates or vouchers as payment for rent.
662     7.  Projects requiring the least amount of a state
663apartment incentive loan compared to overall project cost except
664that the share of the loan attributable to units serving
665extremely-low-income persons shall be excluded from this
666requirement.
667     8.  Local government contributions and local government
668comprehensive planning and activities that promote affordable
669housing.
670     9.  Project feasibility.
671     10.  Economic viability of the project.
672     11.  Commitment of first mortgage financing.
673     12.  Sponsor's prior experience, including whether the
674developer and general contractor have substantial experience, as
675provided in s. 420.507(47).
676     13.  Sponsor's ability to proceed with construction.
677     14.  Projects that directly implement or assist welfare-to-
678work transitioning.
679     15.  Projects that reserve units for extremely-low-income
680persons.
681     16.  Projects that include green building principles,
682storm-resistant construction, or other elements that reduce
683long-term costs relating to maintenance, utilities, or
684insurance.
685     17.  Job-creation rate Domicile of the developer and
686general contractor, as provided in s. 420.507(47).
687     18.  Projects that reserve units for persons with special
688needs, provided services for such persons are available to the
689project.
690     Section 13.  Paragraphs (d), (e), (f), and (g) of
691subsection (2) of section 163.31771, Florida Statutes, are
692amended to read:
693     163.31771  Accessory dwelling units.-
694     (2)  As used in this section, the term:
695     (d)  "Low-income persons" has the same meaning as in s.
696420.0004(11)(10).
697     (e)  "Moderate-income persons" has the same meaning as in
698s. 420.0004(12)(11).
699     (f)  "Very-low-income persons" has the same meaning as in
700s. 420.0004(17)(15).
701     (g)  "Extremely-low-income persons" has the same meaning as
702in s. 420.0004(9)(8).
703     Section 14.  Paragraph (o) of subsection (5) of section
704212.08, Florida Statutes, is amended to read:
705     212.08  Sales, rental, use, consumption, distribution, and
706storage tax; specified exemptions.-The sale at retail, the
707rental, the use, the consumption, the distribution, and the
708storage to be used or consumed in this state of the following
709are hereby specifically exempt from the tax imposed by this
710chapter.
711     (5)  EXEMPTIONS; ACCOUNT OF USE.-
712     (o)  Building materials in redevelopment projects.-
713     1.  As used in this paragraph, the term:
714     a.  "Building materials" means tangible personal property
715that becomes a component part of a housing project or a mixed-
716use project.
717     b.  "Housing project" means the conversion of an existing
718manufacturing or industrial building to housing units in an
719urban high-crime area, enterprise zone, empowerment zone, Front
720Porch Community, designated brownfield area, or urban infill
721area and in which the developer agrees to set aside at least 20
722percent of the housing units in the project for low-income and
723moderate-income persons or the construction in a designated
724brownfield area of affordable housing for persons described in
725s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
726159.603(7).
727     c.  "Mixed-use project" means the conversion of an existing
728manufacturing or industrial building to mixed-use units that
729include artists' studios, art and entertainment services, or
730other compatible uses. A mixed-use project must be located in an
731urban high-crime area, enterprise zone, empowerment zone, Front
732Porch Community, designated brownfield area, or urban infill
733area, and the developer must agree to set aside at least 20
734percent of the square footage of the project for low-income and
735moderate-income housing.
736     d.  "Substantially completed" has the same meaning as
737provided in s. 192.042(1).
738     2.  Building materials used in the construction of a
739housing project or mixed-use project are exempt from the tax
740imposed by this chapter upon an affirmative showing to the
741satisfaction of the department that the requirements of this
742paragraph have been met. This exemption inures to the owner
743through a refund of previously paid taxes. To receive this
744refund, the owner must file an application under oath with the
745department which includes:
746     a.  The name and address of the owner.
747     b.  The address and assessment roll parcel number of the
748project for which a refund is sought.
749     c.  A copy of the building permit issued for the project.
750     d.  A certification by the local building code inspector
751that the project is substantially completed.
752     e.  A sworn statement, under penalty of perjury, from the
753general contractor licensed in this state with whom the owner
754contracted to construct the project, which statement lists the
755building materials used in the construction of the project and
756the actual cost thereof, and the amount of sales tax paid on
757these materials. If a general contractor was not used, the owner
758shall provide this information in a sworn statement, under
759penalty of perjury. Copies of invoices evidencing payment of
760sales tax must be attached to the sworn statement.
761     3.  An application for a refund under this paragraph must
762be submitted to the department within 6 months after the date
763the project is deemed to be substantially completed by the local
764building code inspector. Within 30 working days after receipt of
765the application, the department shall determine if it meets the
766requirements of this paragraph. A refund approved pursuant to
767this paragraph shall be made within 30 days after formal
768approval of the application by the department.
769     4.  The department shall establish by rule an application
770form and criteria for establishing eligibility for exemption
771under this paragraph.
772     5.  The exemption shall apply to purchases of materials on
773or after July 1, 2000.
774     Section 15.  Paragraphs (a) and (g) of subsection (2) of
775section 215.5586, Florida Statutes, are amended to read:
776     215.5586  My Safe Florida Home Program.-There is
777established within the Department of Financial Services the My
778Safe Florida Home Program. The department shall provide fiscal
779accountability, contract management, and strategic leadership
780for the program, consistent with this section. This section does
781not create an entitlement for property owners or obligate the
782state in any way to fund the inspection or retrofitting of
783residential property in this state. Implementation of this
784program is subject to annual legislative appropriations. It is
785the intent of the Legislature that the My Safe Florida Home
786Program provide trained and certified inspectors to perform
787inspections for owners of site-built, single-family, residential
788properties and grants to eligible applicants as funding allows.
789The program shall develop and implement a comprehensive and
790coordinated approach for hurricane damage mitigation that may
791include the following:
792     (2)  MITIGATION GRANTS.-Financial grants shall be used to
793encourage single-family, site-built, owner-occupied, residential
794property owners to retrofit their properties to make them less
795vulnerable to hurricane damage.
796     (a)  For a homeowner to be eligible for a grant, the
797following criteria must be met:
798     1.  The homeowner must have been granted a homestead
799exemption on the home under chapter 196.
800     2.  The home must be a dwelling with an insured value of
801$300,000 or less. Homeowners who are low-income persons, as
802defined in s. 420.0004(11)(10), are exempt from this
803requirement.
804     3.  The home must have undergone an acceptable hurricane
805mitigation inspection after May 1, 2007.
806     4.  The home must be located in the "wind-borne debris
807region" as that term is defined in s. 1609.2, International
808Building Code (2006), or as subsequently amended.
809     5.  The building permit application for initial
810construction of the home must have been made before March 1,
8112002.
812
813An application for a grant must contain a signed or
814electronically verified statement made under penalty of perjury
815that the applicant has submitted only a single application and
816must have attached documents demonstrating the applicant meets
817the requirements of this paragraph.
818     (g)  Low-income homeowners, as defined in s.
819420.0004(11)(10), who otherwise meet the requirements of
820paragraphs (a), (c), (e), and (f) are eligible for a grant of up
821to $5,000 and are not required to provide a matching amount to
822receive the grant. Additionally, for low-income homeowners,
823grant funding may be used for repair to existing structures
824leading to any of the mitigation improvements provided in
825paragraph (e), limited to 20 percent of the grant value. The
826program may accept a certification directly from a low-income
827homeowner that the homeowner meets the requirements of s.
828420.0004(11)(10) if the homeowner provides such certification in
829a signed or electronically verified statement made under penalty
830of perjury.
831     Section 16.  Subsection (19) of section 420.503, Florida
832Statutes, is amended to read:
833     420.503  Definitions.-As used in this part, the term:
834     (19)  "Housing for the elderly" means, for purposes of s.
835420.5087(3)(e)(d), any nonprofit housing community that is
836financed by a mortgage loan made or insured by the United States
837Department of Housing and Urban Development under s. 202, s. 202
838with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
839National Housing Act, as amended, and that is subject to income
840limitations established by the United States Department of
841Housing and Urban Development, or any program funded by the
842Rural Development Agency of the United States Department of
843Agriculture and subject to income limitations established by the
844United States Department of Agriculture. A project which
845qualifies for an exemption under the Fair Housing Act as housing
846for older persons as defined by s. 760.29(4) shall qualify as
847housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
848for purposes of any loans made pursuant to s. 420.508. In
849addition, if the corporation adopts a qualified allocation plan
850pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
851other rules that prioritize projects targeting the elderly for
852purposes of allocating tax credits pursuant to s. 420.5099 or
853for purposes of the HOME program under s. 420.5089, a project
854which qualifies for an exemption under the Fair Housing Act as
855housing for older persons as defined by s. 760.29(4) shall
856qualify as a project targeted for the elderly, if the project
857satisfies the other requirements set forth in this part.
858     Section 17.  (1)  The Legislature finds that due to the
859current economic conditions in the housing market there is a
860critical need to rehabilitate or sell excess inventory of unsold
861homes, including foreclosed homes and newly constructed homes,
862as well as a critical need for the rehabilitation and
863preservation of older, affordable apartments. The Legislature
864further finds that there is a critical need to create housing-
865related jobs and that these conditions require the targeting of
866state and local housing trust fund moneys to assist in the sale
867or rehabilitation of existing homes and the preservation and
868rehabilitation of older rental apartments.
869     (2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
870420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
871(5)(b), Florida Statutes, funds from the State Housing Trust
872Fund or the Local Government Housing Trust Fund that are
873appropriated for use in the State Apartment Incentive Loan
874Program, Florida Homeownership Assistance Program, Community
875Workforce Housing Innovation Pilot Program, or the State Housing
876Initiatives Partnership Program may not be used to:
877     (a)  Finance or otherwise assist the construction or
878purchase of housing sold to eligible individuals, unless the
879housing unit being sold had an initial certificate of occupancy
880prior to December 31, 2009; or
881     (b)  Finance or otherwise assist in the construction or
882purchase of rental housing, unless the development being
883financed or assisted received its initial certificate of
884occupancy prior to December 31, 1995.
885
886Nothing in this section restricts the use of such funds to
887assist with the purchase of newly constructed homes that were
888completed prior to December 31, 2009, or the acquisition and
889rehabilitation of apartments that received their initial
890certificate of occupancy prior to December 31, 1995. The use of
891such funds is subject to the restrictions of the program under
892which the funding is made available.
893     (3)  This section expires July 1, 2011.
894     Section 18.  This act shall take effect July 1, 2010.


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