Bill Text: FL H0665 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Affordable Housing [EPSC]

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - In returning messages; Died in returning Messages [H0665 Detail]

Download: Florida-2010-H0665-Introduced.html

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HB 665

1	A bill to be entitled
2	An act relating to affordable housing; amending s.
3	159.608, F.S.; providing a housing finance authority with
4	an additional purpose for which it may exercise its power
5	to borrow; amending s. 201.15, F.S.; removing a limitation
6	on the amount of proceeds from excise taxes on documents
7	to be deposited into the State Housing Trust Fund each
8	fiscal year; providing for retroactive repeal of s. 8, ch.
9	2009-131, Laws of Florida, to eliminate a conflicting
10	version of s. 201.15, F.S.; amending s. 420.0003, F.S.;
11	providing additional policy guidelines under the state
12	housing strategy for the development of programs for
13	housing production or rehabilitation; including the needs
14	of persons with special needs in the strategy's periodic
15	review and report; amending s. 420.0004, F.S.; defining
16	the terms "disabling condition" and "person with special
17	needs"; conforming cross-references; amending s. 420.5061,
18	F.S.; removing a provision requiring the Florida Housing
19	Finance Corporation to transfer certain funds to the
20	General Revenue Fund; amending s. 420.507, F.S.; requiring
21	certain rates of interest to be made available to sponsors
22	of projects for persons with special needs; providing
23	additional powers of the corporation relating to receipt
24	of federal funds; conforming a cross-reference; amending
25	s. 420.5087, F.S.; limiting the reservation of funds
26	within each notice of fund availability to the persons
27	with special needs tenant group; including persons with
28	special needs as a tenant group for specified purposes of
29	the State Apartment Incentive Loan Program; requiring a
30	specified review committee to include projects that
31	reserve units for persons with special needs in its
32	evaluation and competitive ranking of applications for
33	such program; conforming a cross-reference; amending ss.
34	163.31771, 212.08, 215.5586, and 420.503, F.S.; conforming
35	cross-references; providing legislative intent;
36	prohibiting funds from the State Housing Trust Fund or the
37	Local Government Housing Trust Fund that are appropriated
38	for specified programs from being used for certain
39	purposes; providing for future repeal; providing an
40	effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Subsection (11) is added to section 159.608,
45	Florida Statutes, to read:
46	159.608 Powers of housing finance authorities.-A housing
47	finance authority shall constitute a public body corporate and
48	politic, exercising the public and essential governmental
49	functions set forth in this act, and shall exercise its power to
50	borrow only for the purpose as provided herein:
51	(11) To invest and reinvest surplus funds of the housing
52	finance authority in accordance with s. 218.415. However, in
53	addition to the investments expressly authorized in ss.
54	218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
55	may invest surplus funds in interest-bearing time deposits or
56	savings accounts that are fully insured by the Federal Deposit
57	Insurance Corporation regardless of whether the bank or
58	financial institution in which the deposit or investment is made
59	is a qualified public depository as defined in s. 280.02. This
60	subsection is supplementary to and may not be construed as
61	limiting any powers of a housing finance authority or providing
62	or implying a limiting construction of any other statutory
63	provision.
64	Section 2. Subsections (9), (10), (13), (15), (16), and
65	(17) of section 201.15, Florida Statutes, as amended by chapters
66	2009-17, 2009-21, and 2009-68, Laws of Florida, are amended to
67	read:
68	201.15 Distribution of taxes collected.-All taxes
69	collected under this chapter are subject to the service charge
70	imposed in s. 215.20(1). Prior to distribution under this
71	section, the Department of Revenue shall deduct amounts
72	necessary to pay the costs of the collection and enforcement of
73	the tax levied by this chapter. Such costs and the service
74	charge may not be levied against any portion of taxes pledged to
75	debt service on bonds to the extent that the costs and service
76	charge are required to pay any amounts relating to the bonds.
77	After distributions are made pursuant to subsection (1), all of
78	the costs of the collection and enforcement of the tax levied by
79	this chapter and the service charge shall be available and
80	transferred to the extent necessary to pay debt service and any
81	other amounts payable with respect to bonds authorized before
82	January 1, 2010, secured by revenues distributed pursuant to
83	subsection (1). All taxes remaining after deduction of costs and
84	the service charge shall be distributed as follows:
85	(9) Seven and fifty-three hundredths The lesser of 7.53
86	percent of the remaining taxes or $107 million in each fiscal
87	year shall be paid into the State Treasury to the credit of the
88	State Housing Trust Fund and used as follows:
89	(a) Half of that amount shall be used for the purposes for
90	which the State Housing Trust Fund was created and exists by
91	law.
92	(b) Half of that amount shall be paid into the State
93	Treasury to the credit of the Local Government Housing Trust
94	Fund and used for the purposes for which the Local Government
95	Housing Trust Fund was created and exists by law.
96	(10) Eight and sixty-six hundredths The lesser of 8.66
97	percent of the remaining taxes or $136 million in each fiscal
98	year shall be paid into the State Treasury to the credit of the
99	State Housing Trust Fund and used as follows:
100	(a) Twelve and one-half percent of that amount shall be
101	deposited into the State Housing Trust Fund and be expended by
102	the Department of Community Affairs and by the Florida Housing
103	Finance Corporation for the purposes for which the State Housing
104	Trust Fund was created and exists by law.
105	(b) Eighty-seven and one-half percent of that amount shall
106	be distributed to the Local Government Housing Trust Fund and
107	used for the purposes for which the Local Government Housing
108	Trust Fund was created and exists by law. Funds from this
109	category may also be used to provide for state and local
110	services to assist the homeless.
111	(13) Beginning July 1, 2008, in each fiscal year that the
112	remaining taxes collected under this chapter exceed collections
113	in the prior fiscal year, the stated maximum dollar amounts
114	provided in subsections (2), (4), (6), and (7), (9), and (10)
115	shall each be increased by an amount equal to 10 percent of the
116	increase in the remaining taxes collected under this chapter
117	multiplied by the applicable percentage provided in those
118	subsections.
119	(15) Distributions to the State Housing Trust Fund
120	pursuant to subsections (9) and (10) shall be sufficient to
121	cover amounts required to be transferred to the Florida
122	Affordable Housing Guarantee Program's annual debt service
123	reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
124	up to but not exceeding the amount required to be transferred to
125	such reserve and fund based on the percentage distribution of
126	documentary stamp tax revenues to the State Housing Trust Fund
127	which is in effect in the 2004-2005 fiscal year.
128	(15)(16) If amounts necessary to pay debt service or any
129	other amounts payable with respect to Preservation 2000 bonds,
130	Florida Forever bonds, or Everglades Restoration bonds
131	authorized before July 1, 2009, exceed the amounts distributable
132	pursuant to subsection (1), all moneys distributable pursuant to
133	this section are available for such obligations and transferred
134	in the amounts necessary to pay such obligations when due.
135	However, amounts distributable pursuant to subsection (2),
136	subsection (3), subsection (4), subsection (5), paragraph
137	(9)(a), or paragraph (10)(a) are not available to pay such
138	obligations to the extent that such moneys are necessary to pay
139	debt service on bonds secured by revenues pursuant to those
140	provisions.
141	(16)(17) The remaining taxes collected under this chapter,
142	after the distributions provided in the preceding subsections,
143	shall be paid into the State Treasury to the credit of the
144	General Revenue Fund.
145	Section 3. Section 8 of chapter 2009-131, Laws of Florida,
146	is repealed, retroactive to June 30, 2009.
147	Section 4. Paragraph (e) of subsection (3) and paragraph
148	(c) of subsection (4) of section 420.0003, Florida Statutes, are
149	amended to read:
150	420.0003 State housing strategy.-
151	(3) POLICIES.-
152	(e) Housing production or rehabilitation programs.-New
153	programs for housing production or rehabilitation shall be
154	developed in accordance with the following general guidelines as
155	appropriate for the purpose of the specific program:
156	1. State and local governments shall provide incentives to
157	encourage the private sector to be the primary delivery vehicle
158	for the development of affordable housing.
159	2. State funds should be heavily leveraged to achieve the
160	maximum local and private commitment of funds while achieving
161	the program objectives.
162	3. To the maximum extent possible, state funds should be
163	expended to provide housing units rather than to support program
164	administration.
165	4. State money should be used, when possible, as loans
166	rather than grants.
167	5. State funds should be available only to local
168	governments that provide incentives or financial assistance for
169	housing.
170	6. State funds should be made available only for projects
171	which are consistent with the local government comprehensive
172	plan.
173	7. State funding for housing should not be made available
174	to local governments whose comprehensive plans have been found
175	not in compliance with chapter 163 and who have not entered into
176	a stipulated settlement agreement with the Department of
177	Community Affairs to bring the plan into compliance.
178	8. Mixed income projects should be encouraged, to avoid a
179	concentration of low-income residents in one area or project.
180	9. Distribution of state housing funds should be flexible
181	and consider the regional and local needs, resources, and
182	capabilities of housing producers.
183	10. Distribution of housing funds for multifamily rental
184	housing should be administered to address the housing needs of
185	persons most in need of housing.
186	11.10. Income levels used to determine program eligibility
187	should be adjusted for family size in determining the
188	eligibility of specific beneficiaries.
189	12.11. To the maximum extent possible, state-owned lands
190	that are appropriate for the development of affordable housing
191	shall be made available for that purpose.
192	(4) IMPLEMENTATION.-The Department of Community Affairs
193	and the Florida Housing Finance Corporation in carrying out the
194	strategy articulated herein shall have the following duties:
195	(c) The Shimberg Center for Affordable Housing, in
196	consultation with the Department of Community Affairs and the
197	Florida Housing Finance Corporation, shall review and evaluate
198	existing housing rehabilitation, production, and finance
199	programs to determine their consistency with relevant policies
200	in this section and identify the needs of specific populations,
201	including, but not limited to, elderly persons, and handicapped
202	persons, and persons with special needs, and shall recommend
203	statutory modifications where appropriate. The Shimberg Center
204	for Affordable Housing, in consultation with the Department of
205	Community Affairs and the corporation, shall also evaluate the
206	degree of coordination between state housing programs, and
207	between state, federal, and local housing activities, and shall
208	recommend improved program linkages. The recommendations
209	required above and a report of any programmatic modifications
210	made as a result of these policies shall be included in the
211	housing report required by s. 420.6075, beginning December 31,
212	1991, and every 5 years thereafter.
213	Section 5. Section 420.0004, Florida Statutes, is amended
214	to read:
215	420.0004 Definitions.-As used in this part, unless the
216	context otherwise indicates:
217	(1) "Adjusted for family size" means adjusted in a manner
218	which results in an income eligibility level which is lower for
219	households with fewer than four people, or higher for households
220	with more than four people, than the base income eligibility
221	determined as provided in subsection (9) (8), subsection (11)
222	(10), subsection (12) (11), or subsection (17) (15), based upon
223	a formula as established by the United States Department of
224	Housing and Urban Development.
225	(2) "Adjusted gross income" means all wages, assets,
226	regular cash or noncash contributions or gifts from persons
227	outside the household, and such other resources and benefits as
228	may be determined to be income by the United States Department
229	of Housing and Urban Development, adjusted for family size, less
230	deductions allowable under s. 62 of the Internal Revenue Code.
231	(3) "Affordable" means that monthly rents or monthly
232	mortgage payments including taxes, insurance, and utilities do
233	not exceed 30 percent of that amount which represents the
234	percentage of the median adjusted gross annual income for the
235	households as indicated in subsection (9) (8), subsection (11)
236	(10), subsection (12) (11), or subsection (17) (15).
237	(4) "Corporation" means the Florida Housing Finance
238	Corporation.
239	(5) "Community-based organization" or "nonprofit
240	organization" means a private corporation organized under
241	chapter 617 to assist in the provision of housing and related
242	services on a not-for-profit basis and which is acceptable to
243	federal and state agencies and financial institutions as a
244	sponsor of low-income housing.
245	(6) "Department" means the Department of Community
246	Affairs.
247	(7) "Disabling condition" means a diagnosable substance
248	abuse disorder, serious mental illness, developmental
249	disability, or chronic physical illness or disability, or the
250	co-occurrence of two or more of these conditions, and a
251	determination that the condition is:
252	(a) Expected to be of long-continued and indefinite
253	duration; and
254	(b) Not expected to impair the ability of the person with
255	special needs to live independently with appropriate supports.
256	(8)(7) "Elderly" describes persons 62 years of age or
257	older.
258	(9)(8) "Extremely-low-income persons" means one or more
259	natural persons or a family whose total annual household income
260	does not exceed 30 percent of the median annual adjusted gross
261	income for households within the state. The Florida Housing
262	Finance Corporation may adjust this amount annually by rule to
263	provide that in lower income counties, extremely low income may
264	exceed 30 percent of area median income and that in higher
265	income counties, extremely low income may be less than 30
266	percent of area median income.
267	(10)(9) "Local public body" means any county,
268	municipality, or other political subdivision, or any housing
269	authority as provided by chapter 421, which is eligible to
270	sponsor or develop housing for farmworkers and very-low-income
271	and low-income persons within its jurisdiction.
272	(11)(10) "Low-income persons" means one or more natural
273	persons or a family, the total annual adjusted gross household
274	income of which does not exceed 80 percent of the median annual
275	adjusted gross income for households within the state, or 80
276	percent of the median annual adjusted gross income for
277	households within the metropolitan statistical area (MSA) or, if
278	not within an MSA, within the county in which the person or
279	family resides, whichever is greater.
280	(12)(11) "Moderate-income persons" means one or more
281	natural persons or a family, the total annual adjusted gross
282	household income of which is less than 120 percent of the median
283	annual adjusted gross income for households within the state, or
284	120 percent of the median annual adjusted gross income for
285	households within the metropolitan statistical area (MSA) or, if
286	not within an MSA, within the county in which the person or
287	family resides, whichever is greater.
288	(13) "Person with special needs" means an adult person
289	requiring independent living services in order to maintain
290	housing or develop independent living skills and who has a
291	disabling condition; a young adult formerly in foster care who
292	is eligible for services under s. 409.1451(5); a survivor of
293	domestic violence as defined in s. 741.28; or a person receiving
294	benefits under the Social Security Disability Insurance (SSDI)
295	program or the Supplemental Security Income (SSI) program or
296	from veterans' disability benefits.
297	(14)(12) "Student" means any person not living with his or
298	her parent or guardian who is eligible to be claimed by his or
299	her parent or guardian as a dependent under the federal income
300	tax code and who is enrolled on at least a half-time basis in a
301	secondary school, career center, community college, college, or
302	university.
303	(15)(13) "Substandard" means:
304	(a) Any unit lacking complete plumbing or sanitary
305	facilities for the exclusive use of the occupants;
306	(b) A unit which is in violation of one or more major
307	sections of an applicable housing code and where such violation
308	poses a serious threat to the health of the occupant; or
309	(c) A unit that has been declared unfit for human
310	habitation but that could be rehabilitated for less than 50
311	percent of the property value.
312	(16)(14) "Substantial rehabilitation" means repair or
313	restoration of a dwelling unit where the value of such repair or
314	restoration exceeds 40 percent of the value of the dwelling.
315	(17)(15) "Very-low-income persons" means one or more
316	natural persons or a family, not including students, the total
317	annual adjusted gross household income of which does not exceed
318	50 percent of the median annual adjusted gross income for
319	households within the state, or 50 percent of the median annual
320	adjusted gross income for households within the metropolitan
321	statistical area (MSA) or, if not within an MSA, within the
322	county in which the person or family resides, whichever is
323	greater.
324	Section 6. Section 420.5061, Florida Statutes, is amended
325	to read:
326	420.5061 Transfer of agency assets and liabilities.-The
327	corporation is the legal successor in all respects to the
328	agency, is obligated to the same extent as the agency under any
329	agreements existing on December 31, 1997, and is entitled to any
330	rights and remedies previously afforded the agency by law or
331	contract, including specifically the rights of the agency under
332	chapter 201 and part VI of chapter 159. Effective January 1,
333	1998, all references under Florida law to the agency are deemed
334	to mean the corporation. The corporation shall transfer to the
335	General Revenue Fund an amount which otherwise would have been
336	deducted as a service charge pursuant to s. 215.20(1) if the
337	Florida Housing Finance Corporation Fund established by s.
338	420.508(5), the State Apartment Incentive Loan Fund established
339	by s. 420.5087(7), the Florida Homeownership Assistance Fund
340	established by s. 420.5088(4), the HOME Investment Partnership
341	Fund established by s. 420.5089(1), and the Housing
342	Predevelopment Loan Fund established by s. 420.525(1) were each
343	trust funds. For purposes of s. 112.313, the corporation is
344	deemed to be a continuation of the agency, and the provisions
345	thereof are deemed to apply as if the same entity remained in
346	place. Any employees of the agency and agency board members
347	covered by s. 112.313(9)(a)6. shall continue to be entitled to
348	the exemption in that subparagraph, notwithstanding being hired
349	by the corporation or appointed as board members of the
350	corporation.
351	Section 7. Paragraph (a) of subsection (22) and
352	subsections (33) and (46) of section 420.507, Florida Statutes,
353	are amended to read:
354	420.507 Powers of the corporation.-The corporation shall
355	have all the powers necessary or convenient to carry out and
356	effectuate the purposes and provisions of this part, including
357	the following powers which are in addition to all other powers
358	granted by other provisions of this part:
359	(22) To develop and administer the State Apartment
360	Incentive Loan Program. In developing and administering that
361	program, the corporation may:
362	(a) Make first, second, and other subordinated mortgage
363	loans including variable or fixed rate loans subject to
364	contingent interest for all State Apartment Incentive Loans
365	provided in this chapter based upon available cash flow of the
366	projects. The corporation shall make loans exceeding 25 percent
367	of project cost only to nonprofit organizations and public
368	bodies that are able to secure grants, donations of land, or
369	contributions from other sources and to projects meeting the
370	criteria of subparagraph 1. Mortgage loans shall be made
371	available at the following rates of interest:
372	1. Zero to 3 percent interest for sponsors of projects
373	that set aside at least 80 percent of their total units for
374	residents qualifying as farmworkers, commercial fishing workers,
375	or the homeless as defined in s. 420.621, or persons with
376	special needs as defined in s. 420.0004(13) over the life of the
377	loan.
378	2. Zero to 3 percent interest based on the pro rata share
379	of units set aside for homeless residents or persons with
380	special needs if the total of such units is less than 80 percent
381	of the units in the borrower's project.
382	3. One to 9 percent interest for sponsors of projects
383	targeted at populations other than farmworkers, commercial
384	fishing workers, or the homeless, or persons with special needs.
385	(33) To receive federal funding in connection with the
386	corporation's programs directly from the Federal Government and
387	to receive federal funds for which no corresponding program has
388	been created in statute and establish selection criteria for
389	such funds by request for proposals or other competitive
390	solicitation.
391	(46) To require, as a condition of financing a multifamily
392	rental project, that an agreement be recorded in the official
393	records of the county where the real property is located, which
394	requires that the project be used for housing defined as
395	affordable in s. 420.0004(3) by persons defined in s.
396	420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
397	agreement is a state land use regulation that limits the highest
398	and best use of the property within the meaning of s.
399	193.011(2).
400	Section 8. Subsection (3) and paragraph (c) of subsection
401	(6) of section 420.5087, Florida Statutes, are amended to read:
402	420.5087 State Apartment Incentive Loan Program.-There is
403	hereby created the State Apartment Incentive Loan Program for
404	the purpose of providing first, second, or other subordinated
405	mortgage loans or loan guarantees to sponsors, including for-
406	profit, nonprofit, and public entities, to provide housing
407	affordable to very-low-income persons.
408	(3) During the first 6 months of loan or loan guarantee
409	availability, program funds shall be reserved for use by
410	sponsors who provide the housing set-aside required in
411	subsection (2) for the tenant groups designated in this
412	subsection. The reservation of funds to each of these groups
413	shall be determined using the most recent statewide very-low-
414	income rental housing market study available at the time of
415	publication of each notice of fund availability required by
416	paragraph (6)(b). The reservation of funds within each notice of
417	fund availability to the tenant groups in paragraphs (a), (b),
418	and (e) (d) may not be less than 10 percent of the funds
419	available at that time. Any increase in funding required to
420	reach the 10-percent minimum must be taken from the tenant group
421	that has the largest reservation. The reservation of funds
422	within each notice of fund availability to the tenant group in
423	paragraph (c) may not be less than 5 percent of the funds
424	available at that time. The reservation of funds within each
425	notice of fund availability to the tenant group in paragraph (d)
426	may not be more than 10 percent of the funds available at that
427	time. The tenant groups are:
428	(a) Commercial fishing workers and farmworkers;
429	(b) Families;
430	(c) Persons who are homeless;
431	(d) Persons with special needs; and
432	(e)(d) Elderly persons. Ten percent of the amount reserved
433	for the elderly shall be reserved to provide loans to sponsors
434	of housing for the elderly for the purpose of making building
435	preservation, health, or sanitation repairs or improvements
436	which are required by federal, state, or local regulation or
437	code, or lifesafety or security-related repairs or improvements
438	to such housing. Such a loan may not exceed $750,000 per housing
439	community for the elderly. In order to receive the loan, the
440	sponsor of the housing community must make a commitment to match
441	at least 5 percent of the loan amount to pay the cost of such
442	repair or improvement. The corporation shall establish the rate
443	of interest on the loan, which may not exceed 3 percent, and the
444	term of the loan, which may not exceed 15 years; however, if the
445	lien of the corporation's encumbrance is subordinate to the lien
446	of another mortgagee, then the term may be made coterminous with
447	the longest term of the superior lien. The term of the loan
448	shall be based on a credit analysis of the applicant. The
449	corporation may forgive indebtedness for a share of the loan
450	attributable to the units in a project reserved for extremely-
451	low-income elderly by nonprofit organizations, as defined in s.
452	420.0004(5), where the project has provided affordable housing
453	to the elderly for 15 years or more. The corporation shall
454	establish, by rule, the procedure and criteria for receiving,
455	evaluating, and competitively ranking all applications for loans
456	under this paragraph. A loan application must include evidence
457	of the first mortgagee's having reviewed and approved the
458	sponsor's intent to apply for a loan. A nonprofit organization
459	or sponsor may not use the proceeds of the loan to pay for
460	administrative costs, routine maintenance, or new construction.
461	(6) On all state apartment incentive loans, except loans
462	made to housing communities for the elderly to provide for
463	lifesafety, building preservation, health, sanitation, or
464	security-related repairs or improvements, the following
465	provisions shall apply:
466	(c) The corporation shall provide by rule for the
467	establishment of a review committee composed of the department
468	and corporation staff and shall establish by rule a scoring
469	system for evaluation and competitive ranking of applications
470	submitted in this program, including, but not limited to, the
471	following criteria:
472	1. Tenant income and demographic targeting objectives of
473	the corporation.
474	2. Targeting objectives of the corporation which will
475	ensure an equitable distribution of loans between rural and
476	urban areas.
477	3. Sponsor's agreement to reserve the units for persons or
478	families who have incomes below 50 percent of the state or local
479	median income, whichever is higher, for a time period to exceed
480	the minimum required by federal law or the provisions of this
481	part.
482	4. Sponsor's agreement to reserve more than:
483	a. Twenty percent of the units in the project for persons
484	or families who have incomes that do not exceed 50 percent of
485	the state or local median income, whichever is higher; or
486	b. Forty percent of the units in the project for persons
487	or families who have incomes that do not exceed 60 percent of
488	the state or local median income, whichever is higher, without
489	requiring a greater amount of the loans as provided in this
490	section.
491	5. Provision for tenant counseling.
492	6. Sponsor's agreement to accept rental assistance
493	certificates or vouchers as payment for rent.
494	7. Projects requiring the least amount of a state
495	apartment incentive loan compared to overall project cost except
496	that the share of the loan attributable to units serving
497	extremely-low-income persons shall be excluded from this
498	requirement.
499	8. Local government contributions and local government
500	comprehensive planning and activities that promote affordable
501	housing.
502	9. Project feasibility.
503	10. Economic viability of the project.
504	11. Commitment of first mortgage financing.
505	12. Sponsor's prior experience, including whether the
506	developer and general contractor have substantial experience, as
507	provided in s. 420.507(47).
508	13. Sponsor's ability to proceed with construction.
509	14. Projects that directly implement or assist welfare-to-
510	work transitioning.
511	15. Projects that reserve units for extremely-low-income
512	persons.
513	16. Projects that include green building principles,
514	storm-resistant construction, or other elements that reduce
515	long-term costs relating to maintenance, utilities, or
516	insurance.
517	17. Domicile of the developer and general contractor, as
518	provided in s. 420.507(47).
519	18. Projects that reserve units for persons with special
520	needs, provided services for such persons are available to the
521	project.
522	Section 9. Paragraphs (d), (e), (f), and (g) of subsection
523	(2) of section 163.31771, Florida Statutes, are amended to read:
524	163.31771 Accessory dwelling units.-
525	(2) As used in this section, the term:
526	(d) "Low-income persons" has the same meaning as in s.
527	420.0004(11)(10).
528	(e) "Moderate-income persons" has the same meaning as in
529	s. 420.0004(12)(11).
530	(f) "Very-low-income persons" has the same meaning as in
531	s. 420.0004(17)(15).
532	(g) "Extremely-low-income persons" has the same meaning as
533	in s. 420.0004(9)(8).
534	Section 10. Paragraph (o) of subsection (5) of section
535	212.08, Florida Statutes, is amended to read:
536	212.08 Sales, rental, use, consumption, distribution, and
537	storage tax; specified exemptions.-The sale at retail, the
538	rental, the use, the consumption, the distribution, and the
539	storage to be used or consumed in this state of the following
540	are hereby specifically exempt from the tax imposed by this
541	chapter.
542	(5) EXEMPTIONS; ACCOUNT OF USE.-
543	(o) Building materials in redevelopment projects.-
544	1. As used in this paragraph, the term:
545	a. "Building materials" means tangible personal property
546	that becomes a component part of a housing project or a mixed-
547	use project.
548	b. "Housing project" means the conversion of an existing
549	manufacturing or industrial building to housing units in an
550	urban high-crime area, enterprise zone, empowerment zone, Front
551	Porch Community, designated brownfield area, or urban infill
552	area and in which the developer agrees to set aside at least 20
553	percent of the housing units in the project for low-income and
554	moderate-income persons or the construction in a designated
555	brownfield area of affordable housing for persons described in
556	s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
557	159.603(7).
558	c. "Mixed-use project" means the conversion of an existing
559	manufacturing or industrial building to mixed-use units that
560	include artists' studios, art and entertainment services, or
561	other compatible uses. A mixed-use project must be located in an
562	urban high-crime area, enterprise zone, empowerment zone, Front
563	Porch Community, designated brownfield area, or urban infill
564	area, and the developer must agree to set aside at least 20
565	percent of the square footage of the project for low-income and
566	moderate-income housing.
567	d. "Substantially completed" has the same meaning as
568	provided in s. 192.042(1).
569	2. Building materials used in the construction of a
570	housing project or mixed-use project are exempt from the tax
571	imposed by this chapter upon an affirmative showing to the
572	satisfaction of the department that the requirements of this
573	paragraph have been met. This exemption inures to the owner
574	through a refund of previously paid taxes. To receive this
575	refund, the owner must file an application under oath with the
576	department which includes:
577	a. The name and address of the owner.
578	b. The address and assessment roll parcel number of the
579	project for which a refund is sought.
580	c. A copy of the building permit issued for the project.
581	d. A certification by the local building code inspector
582	that the project is substantially completed.
583	e. A sworn statement, under penalty of perjury, from the
584	general contractor licensed in this state with whom the owner
585	contracted to construct the project, which statement lists the
586	building materials used in the construction of the project and
587	the actual cost thereof, and the amount of sales tax paid on
588	these materials. If a general contractor was not used, the owner
589	shall provide this information in a sworn statement, under
590	penalty of perjury. Copies of invoices evidencing payment of
591	sales tax must be attached to the sworn statement.
592	3. An application for a refund under this paragraph must
593	be submitted to the department within 6 months after the date
594	the project is deemed to be substantially completed by the local
595	building code inspector. Within 30 working days after receipt of
596	the application, the department shall determine if it meets the
597	requirements of this paragraph. A refund approved pursuant to
598	this paragraph shall be made within 30 days after formal
599	approval of the application by the department.
600	4. The department shall establish by rule an application
601	form and criteria for establishing eligibility for exemption
602	under this paragraph.
603	5. The exemption shall apply to purchases of materials on
604	or after July 1, 2000.
605	Section 11. Paragraphs (a) and (g) of subsection (2) of
606	section 215.5586, Florida Statutes, are amended to read:
607	215.5586 My Safe Florida Home Program.-There is
608	established within the Department of Financial Services the My
609	Safe Florida Home Program. The department shall provide fiscal
610	accountability, contract management, and strategic leadership
611	for the program, consistent with this section. This section does
612	not create an entitlement for property owners or obligate the
613	state in any way to fund the inspection or retrofitting of
614	residential property in this state. Implementation of this
615	program is subject to annual legislative appropriations. It is
616	the intent of the Legislature that the My Safe Florida Home
617	Program provide trained and certified inspectors to perform
618	inspections for owners of site-built, single-family, residential
619	properties and grants to eligible applicants as funding allows.
620	The program shall develop and implement a comprehensive and
621	coordinated approach for hurricane damage mitigation that may
622	include the following:
623	(2) MITIGATION GRANTS.-Financial grants shall be used to
624	encourage single-family, site-built, owner-occupied, residential
625	property owners to retrofit their properties to make them less
626	vulnerable to hurricane damage.
627	(a) For a homeowner to be eligible for a grant, the
628	following criteria must be met:
629	1. The homeowner must have been granted a homestead
630	exemption on the home under chapter 196.
631	2. The home must be a dwelling with an insured value of
632	$300,000 or less. Homeowners who are low-income persons, as
633	defined in s. 420.0004(11)(10), are exempt from this
634	requirement.
635	3. The home must have undergone an acceptable hurricane
636	mitigation inspection after May 1, 2007.
637	4. The home must be located in the "wind-borne debris
638	region" as that term is defined in s. 1609.2, International
639	Building Code (2006), or as subsequently amended.
640	5. The building permit application for initial
641	construction of the home must have been made before March 1,
642	2002.
643
644	An application for a grant must contain a signed or
645	electronically verified statement made under penalty of perjury
646	that the applicant has submitted only a single application and
647	must have attached documents demonstrating the applicant meets
648	the requirements of this paragraph.
649	(g) Low-income homeowners, as defined in s.
650	420.0004(11)(10), who otherwise meet the requirements of
651	paragraphs (a), (c), (e), and (f) are eligible for a grant of up
652	to $5,000 and are not required to provide a matching amount to
653	receive the grant. Additionally, for low-income homeowners,
654	grant funding may be used for repair to existing structures
655	leading to any of the mitigation improvements provided in
656	paragraph (e), limited to 20 percent of the grant value. The
657	program may accept a certification directly from a low-income
658	homeowner that the homeowner meets the requirements of s.
659	420.0004(11)(10) if the homeowner provides such certification in
660	a signed or electronically verified statement made under penalty
661	of perjury.
662	Section 12. Subsection (19) of section 420.503, Florida
663	Statutes, is amended to read:
664	420.503 Definitions.-As used in this part, the term:
665	(19) "Housing for the elderly" means, for purposes of s.
666	420.5087(3)(e)(d), any nonprofit housing community that is
667	financed by a mortgage loan made or insured by the United States
668	Department of Housing and Urban Development under s. 202, s. 202
669	with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
670	National Housing Act, as amended, and that is subject to income
671	limitations established by the United States Department of
672	Housing and Urban Development, or any program funded by the
673	Rural Development Agency of the United States Department of
674	Agriculture and subject to income limitations established by the
675	United States Department of Agriculture. A project which
676	qualifies for an exemption under the Fair Housing Act as housing
677	for older persons as defined by s. 760.29(4) shall qualify as
678	housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
679	for purposes of any loans made pursuant to s. 420.508. In
680	addition, if the corporation adopts a qualified allocation plan
681	pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
682	other rules that prioritize projects targeting the elderly for
683	purposes of allocating tax credits pursuant to s. 420.5099 or
684	for purposes of the HOME program under s. 420.5089, a project
685	which qualifies for an exemption under the Fair Housing Act as
686	housing for older persons as defined by s. 760.29(4) shall
687	qualify as a project targeted for the elderly, if the project
688	satisfies the other requirements set forth in this part.
689	Section 13. (1) The Legislature finds that due to the
690	current economic conditions in the housing market there is a
691	critical need to rehabilitate or sell excess inventory of unsold
692	homes, including foreclosed homes and newly constructed homes,
693	as well as a critical need for the rehabilitation and
694	preservation of older, affordable apartments. The Legislature
695	further finds that there is a critical need to create housing-
696	related jobs and that these conditions require the targeting of
697	state and local housing trust fund moneys to assist in the sale
698	or rehabilitation of existing homes and the preservation and
699	rehabilitation of older rental apartments.
700	(2) Notwithstanding ss. 420.507(22)(a) and (23)(a),
701	420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
702	(5)(b), Florida Statutes, funds from the State Housing Trust
703	Fund or the Local Government Housing Trust Fund that are
704	appropriated for use in the State Apartment Incentive Loan
705	Program, Florida Homeownership Assistance Program, Community
706	Workforce Housing Innovation Pilot Program, or the State Housing
707	Initiatives Partnership Program may not be used to:
708	(a) Finance or otherwise assist the construction or
709	purchase of housing sold to eligible individuals, unless the
710	housing unit being sold had an initial certificate of occupancy
711	prior to December 31, 2009; or
712	(b) Finance or otherwise assist in the construction or
713	purchase of rental housing, unless the development being
714	financed or assisted received its initial certificate of
715	occupancy prior to December 31, 1995.
716
717	Nothing in this section restricts the use of such funds to
718	assist with the purchase of newly constructed homes that were
719	completed prior to December 31, 2009, or the acquisition and
720	rehabilitation of apartments that received their initial
721	certificate of occupancy prior to December 31, 1995. The use of
722	such funds is subject to the restrictions of the program under
723	which the funding is made available.
724	(3) This section expires July 1, 2011.
725	Section 14. This act shall take effect July 1, 2010.

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