Bill Text: FL H0665 | 2010 | Regular Session | Comm Sub

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-Comm_Sub.html

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

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