HB 7003

1	A bill to be entitled
2	An act relating to affordable housing; reenacting s.
3	159.807(4), F.S., relating to the state allocation pool
4	used to confirm private activity bonds; reenacting s.
5	193.018, F.S., relating to lands that are owned by a
6	community land trust and used to provide affordable
7	housing; reenacting s. 196.196(5), F.S., relating to a tax
8	exemption provided to organizations that provide low-
9	income housing; reenacting s. 196.1978, F.S., relating to
10	a property exemption for affordable housing owned by a
11	nonprofit entity; reenacting s. 212.055(2)(d), F.S.,
12	relating to the use of a local government infrastructure
13	surtax; reenacting s. 163.3202(2), F.S., relating to
14	requirements for local land development regulations;
15	reenacting s. 420.503(25), F.S., relating to a definition
16	under the Florida Housing Finance Corporation Act;
17	reenacting s. 420.507(47), F.S., relating to powers of the
18	corporation to select developers and general contractors;
19	reenacting s. 420.5087(6)(c) and (l), F.S., relating to
20	the State Apartment Incentive Loan Program; reenacting s.
21	420.622(5), F.S., relating to the State Office on
22	Homelessness; reenacting s. 420.628, F.S., relating to
23	affordable housing for children and young adults leaving
24	foster care; reenacting s. 420.9071(4), (8), (16), (25),
25	(29), and (30), F.S., relating to definitions under the
26	State Housing Initiatives Partnership Act; reenacting s.
27	420.9072(6) and (7), F.S., relating to the distribution of
28	funds under the State Housing Initiatives Partnership
29	Program; reenacting s. 420.9073(1), (2), (5), (6), and
30	(7), F.S., relating to distributions of local housing
31	funds; reenacting s. 420.9075(1), (3), (5), (8), (10)(a)
32	and (h), (13)(b), and (14), F.S., relating to local
33	housing assistance plans; reenacting s. 420.9076(2)(h),
34	(5), (6), and (7)(a), F.S., relating to the adoption of
35	affordable housing incentive strategies by the governing
36	board of a county or municipality; repealing s. 420.9078,
37	F.S., relating to the state administration of funds
38	remaining in the Local Government Housing Trust Fund;
39	reenacting s. 420.9079, F.S., relating to the Local
40	Government Housing Trust Fund; reenacting s. 1001.43(12),
41	F.S., relating to the use by school districts of certain
42	lands for affordable housing; providing for retroactive
43	operation of the act with respect to provisions of law
44	amended, created, or repealed by chapter 2009-96, Laws of
45	Florida; providing for an exception under specified
46	circumstances; providing an effective date.
47
48	WHEREAS, the Florida Legislature enacted Senate Bill 360 in
49	2009 for important public policy purposes, and
50	WHEREAS, litigation has called into question the
51	constitutional validity of this important piece of legislation,
52	and
53	WHEREAS, the Legislature wishes to protect those who relied
54	on the changes made by Senate Bill 360 and to preserve the
55	Florida Statutes intact and cure any alleged constitutional
56	violation, NOW, THEREFORE,
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsection (4) of section 159.807, Florida
61	Statutes, is reenacted to read:
62	159.807  State allocation pool.-
63	(4)(a)  The state allocation pool shall also be used to
64	provide written confirmations for private activity bonds that
65	are to be issued by state agencies, which bonds, notwithstanding
66	any other provisions of this part, shall receive priority in the
67	use of the pool available at the time the notice of intent to
68	issue such bonds is filed with the division.
69	(b)  Notwithstanding the provisions of paragraph (a), on or
70	before November 15 of each year, the Florida Housing Finance
71	Corporation's access to the state allocation pool is limited to
72	the amount of the corporation's initial allocation under s.
73	159.804. Thereafter, the corporation may not receive more than
74	80 percent of the amount in the state allocation pool on
75	November 16 of each year, and may not receive more than 80
76	percent of any additional amounts that become available during
77	each year. The limitations of this paragraph do not apply to the
78	distribution of the unused allocation of the state volume
79	limitation to the Florida Housing Finance Corporation under s.
80	159.81(2)(b), (c), and (d).
81	Section 2.  Section 193.018, Florida Statutes, is reenacted
82	to read:
83	193.018  Land owned by a community land trust used to
84	provide affordable housing; assessment; structural improvements,
85	condominium parcels, and cooperative parcels.-
86	(1)  As used in this section, the term "community land
87	trust" means a nonprofit entity that is qualified as charitable
88	under s. 501(c)(3) of the Internal Revenue Code and has as one
89	of its purposes the acquisition of land to be held in perpetuity
90	for the primary purpose of providing affordable homeownership.
91	(2)  A community land trust may convey structural
92	improvements, condominium parcels, or cooperative parcels, that
93	are located on specific parcels of land that are identified by a
94	legal description contained in and subject to a ground lease
95	having a term of at least 99 years, for the purpose of providing
96	affordable housing to natural persons or families who meet the
97	extremely-low-income, very-low-income, low-income, or moderate-
98	income limits specified in s. 420.0004, or the income limits for
99	workforce housing, as defined in s. 420.5095(3). A community
100	land trust shall retain a preemptive option to purchase any
101	structural improvements, condominium parcels, or cooperative
102	parcels on the land at a price determined by a formula specified
103	in the ground lease which is designed to ensure that the
104	structural improvements, condominium parcels, or cooperative
105	parcels remain affordable.
106	(3)  In arriving at just valuation under s. 193.011, a
107	structural improvement, condominium parcel, or cooperative
108	parcel providing affordable housing on land owned by a community
109	land trust, and the land owned by a community land trust that is
110	subject to a 99-year or longer ground lease, shall be assessed
111	using the following criteria:
112	(a)  The amount a willing purchaser would pay a willing
113	seller for the land is limited to an amount commensurate with
114	the terms of the ground lease that restricts the use of the land
115	to the provision of affordable housing in perpetuity.
116	(b)  The amount a willing purchaser would pay a willing
117	seller for resale-restricted improvements, condominium parcels,
118	or cooperative parcels is limited to the amount determined by
119	the formula in the ground lease.
120	(c)  If the ground lease and all amendments and supplements
121	thereto, or a memorandum documenting how such lease and
122	amendments or supplements restrict the price at which the
123	improvements, condominium parcels, or cooperative parcels may be
124	sold, is recorded in the official public records of the county
125	in which the leased land is located, the recorded lease and any
126	amendments and supplements, or the recorded memorandum, shall be
127	deemed a land use regulation during the term of the lease as
128	amended or supplemented.
129	Section 3.  Subsection (5) of section 196.196, Florida
130	Statutes, is reenacted to read:
131	196.196  Determining whether property is entitled to
132	charitable, religious, scientific, or literary exemption.-
133	(5)(a)  Property owned by an exempt organization qualified
134	as charitable under s. 501(c)(3) of the Internal Revenue Code is
135	used for a charitable purpose if the organization has taken
136	affirmative steps to prepare the property to provide affordable
137	housing to persons or families that meet the extremely-low-
138	income, very-low-income, low-income, or moderate-income limits,
139	as specified in s. 420.0004. The term "affirmative steps" means
140	environmental or land use permitting activities, creation of
141	architectural plans or schematic drawings, land clearing or site
142	preparation, construction or renovation activities, or other
143	similar activities that demonstrate a commitment of the property
144	to providing affordable housing.
145	(b)1.  If property owned by an organization granted an
146	exemption under this subsection is transferred for a purpose
147	other than directly providing affordable homeownership or rental
148	housing to persons or families who meet the extremely-low-
149	income, very-low-income, low-income, or moderate-income limits,
150	as specified in s. 420.0004, or is not in actual use to provide
151	such affordable housing within 5 years after the date the
152	organization is granted the exemption, the property appraiser
153	making such determination shall serve upon the organization that
154	illegally or improperly received the exemption a notice of
155	intent to record in the public records of the county a notice of
156	tax lien against any property owned by that organization in the
157	county, and such property shall be identified in the notice of
158	tax lien. The organization owning such property is subject to
159	the taxes otherwise due and owing as a result of the failure to
160	use the property to provide affordable housing plus 15 percent
161	interest per annum and a penalty of 50 percent of the taxes
162	owed.
163	2.  Such lien, when filed, attaches to any property
164	identified in the notice of tax lien owned by the organization
165	that illegally or improperly received the exemption. If such
166	organization no longer owns property in the county but owns
167	property in any other county in the state, the property
168	appraiser shall record in each such other county a notice of tax
169	lien identifying the property owned by such organization in such
170	county which shall become a lien against the identified
171	property. Before any such lien may be filed, the organization so
172	notified must be given 30 days to pay the taxes, penalties, and
173	interest.
174	3.  If an exemption is improperly granted as a result of a
175	clerical mistake or an omission by the property appraiser, the
176	organization improperly receiving the exemption shall not be
177	assessed a penalty or interest.
178	4.  The 5-year limitation specified in this subsection may
179	be extended if the holder of the exemption continues to take
180	affirmative steps to develop the property for the purposes
181	specified in this subsection.
182	Section 4.  Section 196.1978, Florida Statutes, is
183	reenacted to read:
184	196.1978  Affordable housing property exemption.-Property
185	used to provide affordable housing serving eligible persons as
186	defined by s. 159.603(7) and natural persons or families meeting
187	the extremely-low-income, very-low-income, low-income, or
188	moderate-income limits specified in s. 420.0004, which property
189	is owned entirely by a nonprofit entity that is a corporation
190	not for profit, qualified as charitable under s. 501(c)(3) of
191	the Internal Revenue Code and in compliance with Rev. Proc. 96-
192	32, 1996-1 C.B. 717, or a Florida-based limited partnership, the
193	sole general partner of which is a corporation not for profit
194	which is qualified as charitable under s. 501(c)(3) of the
195	Internal Revenue Code and which complies with Rev. Proc. 96-32,
196	1996-1 C.B. 717, shall be considered property owned by an exempt
197	entity and used for a charitable purpose, and those portions of
198	the affordable housing property which provide housing to natural
199	persons or families classified as extremely low income, very low
200	income, low income, or moderate income under s. 420.0004 shall
201	be exempt from ad valorem taxation to the extent authorized in
202	s. 196.196. All property identified in this section shall comply
203	with the criteria for determination of exempt status to be
204	applied by property appraisers on an annual basis as defined in
205	s. 196.195. The Legislature intends that any property owned by a
206	limited liability company or limited partnership which is
207	disregarded as an entity for federal income tax purposes
208	pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be
209	treated as owned by its sole member or sole general partner.
210	Section 5.  Paragraph (d) of subsection (2) of section
211	212.055, Florida Statutes, is reenacted to read:
212	212.055  Discretionary sales surtaxes; legislative intent;
213	authorization and use of proceeds.-It is the legislative intent
214	that any authorization for imposition of a discretionary sales
215	surtax shall be published in the Florida Statutes as a
216	subsection of this section, irrespective of the duration of the
217	levy. Each enactment shall specify the types of counties
218	authorized to levy; the rate or rates which may be imposed; the
219	maximum length of time the surtax may be imposed, if any; the
220	procedure which must be followed to secure voter approval, if
221	required; the purpose for which the proceeds may be expended;
222	and such other requirements as the Legislature may provide.
223	Taxable transactions and administrative procedures shall be as
224	provided in s. 212.054.
225	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
226	(d)  The proceeds of the surtax authorized by this
227	subsection and any accrued interest shall be expended by the
228	school district, within the county and municipalities within the
229	county, or, in the case of a negotiated joint county agreement,
230	within another county, to finance, plan, and construct
231	infrastructure; to acquire land for public recreation,
232	conservation, or protection of natural resources; or to finance
233	the closure of county-owned or municipally owned solid waste
234	landfills that have been closed or are required to be closed by
235	order of the Department of Environmental Protection. Any use of
236	the proceeds or interest for purposes of landfill closure before
237	July 1, 1993, is ratified. The proceeds and any interest may not
238	be used for the operational expenses of infrastructure, except
239	that a county that has a population of fewer than 75,000 and
240	that is required to close a landfill may use the proceeds or
241	interest for long-term maintenance costs associated with
242	landfill closure. Counties, as defined in s. 125.011, and
243	charter counties may, in addition, use the proceeds or interest
244	to retire or service indebtedness incurred for bonds issued
245	before July 1, 1987, for infrastructure purposes, and for bonds
246	subsequently issued to refund such bonds. Any use of the
247	proceeds or interest for purposes of retiring or servicing
248	indebtedness incurred for refunding bonds before July 1, 1999,
249	is ratified.
250	1.  For the purposes of this paragraph, the term
251	"infrastructure" means:
252	a.  Any fixed capital expenditure or fixed capital outlay
253	associated with the construction, reconstruction, or improvement
254	of public facilities that have a life expectancy of 5 or more
255	years and any related land acquisition, land improvement,
256	design, and engineering costs.
257	b.  A fire department vehicle, an emergency medical service
258	vehicle, a sheriff's office vehicle, a police department
259	vehicle, or any other vehicle, and the equipment necessary to
260	outfit the vehicle for its official use or equipment that has a
261	life expectancy of at least 5 years.
262	c.  Any expenditure for the construction, lease, or
263	maintenance of, or provision of utilities or security for,
264	facilities, as defined in s. 29.008.
265	d.  Any fixed capital expenditure or fixed capital outlay
266	associated with the improvement of private facilities that have
267	a life expectancy of 5 or more years and that the owner agrees
268	to make available for use on a temporary basis as needed by a
269	local government as a public emergency shelter or a staging area
270	for emergency response equipment during an emergency officially
271	declared by the state or by the local government under s.
272	252.38. Such improvements are limited to those necessary to
273	comply with current standards for public emergency evacuation
274	shelters. The owner must enter into a written contract with the
275	local government providing the improvement funding to make the
276	private facility available to the public for purposes of
277	emergency shelter at no cost to the local government for a
278	minimum of 10 years after completion of the improvement, with
279	the provision that the obligation will transfer to any
280	subsequent owner until the end of the minimum period.
281	e.  Any land acquisition expenditure for a residential
282	housing project in which at least 30 percent of the units are
283	affordable to individuals or families whose total annual
284	household income does not exceed 120 percent of the area median
285	income adjusted for household size, if the land is owned by a
286	local government or by a special district that enters into a
287	written agreement with the local government to provide such
288	housing. The local government or special district may enter into
289	a ground lease with a public or private person or entity for
290	nominal or other consideration for the construction of the
291	residential housing project on land acquired pursuant to this
292	sub-subparagraph.
293	2.  Notwithstanding any other provision of this subsection,
294	a local government infrastructure surtax imposed or extended
295	after July 1, 1998, may allocate up to 15 percent of the surtax
296	proceeds for deposit in a trust fund within the county's
297	accounts created for the purpose of funding economic development
298	projects having a general public purpose of improving local
299	economies, including the funding of operational costs and
300	incentives related to economic development. The ballot statement
301	must indicate the intention to make an allocation under the
302	authority of this subparagraph.
303	Section 6.  Subsection (2) of section 163.3202, Florida
304	Statutes, is reenacted to read:
305	163.3202  Land development regulations.-
306	(2)  Local land development regulations shall contain
307	specific and detailed provisions necessary or desirable to
308	implement the adopted comprehensive plan and shall at a minimum:
309	(a)  Regulate the subdivision of land.
310	(b)  Regulate the use of land and water for those land use
311	categories included in the land use element and ensure the
312	compatibility of adjacent uses and provide for open space.
313	(c)  Provide for protection of potable water wellfields.
314	(d)  Regulate areas subject to seasonal and periodic
315	flooding and provide for drainage and stormwater management.
316	(e)  Ensure the protection of environmentally sensitive
317	lands designated in the comprehensive plan.
318	(f)  Regulate signage.
319	(g)  Provide that public facilities and services meet or
320	exceed the standards established in the capital improvements
321	element required by s. 163.3177 and are available when needed
322	for the development, or that development orders and permits are
323	conditioned on the availability of these public facilities and
324	services necessary to serve the proposed development. A local
325	government may not issue a development order or permit that
326	results in a reduction in the level of services for the affected
327	public facilities below the level of services provided in the
328	local government's comprehensive plan.
329	(h)  Ensure safe and convenient onsite traffic flow,
330	considering needed vehicle parking.
331	(i)  Maintain the existing density of residential
332	properties or recreational vehicle parks if the properties are
333	intended for residential use and are located in the
334	unincorporated areas that have sufficient infrastructure, as
335	determined by a local governing authority, and are not located
336	within a coastal high-hazard area under s. 163.3178.
337	Section 7.  Subsection (25) of section 420.503, Florida
338	Statutes, is reenacted to read:
339	420.503  Definitions.-As used in this part, the term:
340	(25)  "Moderate rehabilitation" means repair or restoration
341	of a dwelling unit when the value of such repair or restoration
342	is 40 percent or less of the value of the dwelling unit but not
343	less than $10,000.
344	Section 8.  Subsection (47) of section 420.507, Florida
345	Statutes, is reenacted to read:
346	420.507  Powers of the corporation.-The corporation shall
347	have all the powers necessary or convenient to carry out and
348	effectuate the purposes and provisions of this part, including
349	the following powers which are in addition to all other powers
350	granted by other provisions of this part:
351	(47)  To provide by rule in connection with any corporation
352	competitive program, criteria establishing a preference for
353	developers and general contractors domiciled in this state and
354	for developers and general contractors, regardless of domicile,
355	who have substantial experience in developing or building
356	affordable housing through the corporation's programs.
357	(a)  In evaluating whether a developer or general
358	contractor is domiciled in this state, the corporation shall
359	consider whether the developer's or general contractor's
360	principal office is located in this state and whether a majority
361	of the developer's or general contractor's principals and
362	financial beneficiaries reside in Florida.
363	(b)  In evaluating whether a developer or general
364	contractor has substantial experience, the corporation shall
365	consider whether the developer or general contractor has
366	completed at least five developments using funds either provided
367	by or administered by the corporation.
368	Section 9.  Paragraphs (c) and (l) of subsection (6) of
369	section 420.5087, Florida Statutes, are reenacted to read:
370	420.5087  State Apartment Incentive Loan Program.-There is
371	hereby created the State Apartment Incentive Loan Program for
372	the purpose of providing first, second, or other subordinated
373	mortgage loans or loan guarantees to sponsors, including for-
374	profit, nonprofit, and public entities, to provide housing
375	affordable to very-low-income persons.
376	(6)  On all state apartment incentive loans, except loans
377	made to housing communities for the elderly to provide for
378	lifesafety, building preservation, health, sanitation, or
379	security-related repairs or improvements, the following
380	provisions shall apply:
381	(c)  The corporation shall provide by rule for the
382	establishment of a review committee composed of the department
383	and corporation staff and shall establish by rule a scoring
384	system for evaluation and competitive ranking of applications
385	submitted in this program, including, but not limited to, the
386	following criteria:
387	1.  Tenant income and demographic targeting objectives of
388	the corporation.
389	2.  Targeting objectives of the corporation which will
390	ensure an equitable distribution of loans between rural and
391	urban areas.
392	3.  Sponsor's agreement to reserve the units for persons or
393	families who have incomes below 50 percent of the state or local
394	median income, whichever is higher, for a time period to exceed
395	the minimum required by federal law or the provisions of this
396	part.
397	4.  Sponsor's agreement to reserve more than:
398	a.  Twenty percent of the units in the project for persons
399	or families who have incomes that do not exceed 50 percent of
400	the state or local median income, whichever is higher; or
401	b.  Forty percent of the units in the project for persons
402	or families who have incomes that do not exceed 60 percent of
403	the state or local median income, whichever is higher, without
404	requiring a greater amount of the loans as provided in this
405	section.
406	5.  Provision for tenant counseling.
407	6.  Sponsor's agreement to accept rental assistance
408	certificates or vouchers as payment for rent.
409	7.  Projects requiring the least amount of a state
410	apartment incentive loan compared to overall project cost except
411	that the share of the loan attributable to units serving
412	extremely-low-income persons shall be excluded from this
413	requirement.
414	8.  Local government contributions and local government
415	comprehensive planning and activities that promote affordable
416	housing.
417	9.  Project feasibility.
418	10.  Economic viability of the project.
419	11.  Commitment of first mortgage financing.
420	12.  Sponsor's prior experience, including whether the
421	developer and general contractor have substantial experience, as
422	provided in s. 420.507(47).
423	13.  Sponsor's ability to proceed with construction.
424	14.  Projects that directly implement or assist welfare-to-
425	work transitioning.
426	15.  Projects that reserve units for extremely-low-income
427	persons.
428	16.  Projects that include green building principles,
429	storm-resistant construction, or other elements that reduce
430	long-term costs relating to maintenance, utilities, or
431	insurance.
432	17.  Domicile of the developer and general contractor, as
433	provided in s. 420.507(47).
434	(l)  The proceeds of all loans shall be used for new
435	construction, moderate rehabilitation, or substantial
436	rehabilitation which creates or preserves affordable, safe, and
437	sanitary housing units.
438	Section 10.  Subsection (5) of section 420.622, Florida
439	Statutes, is reenacted to read:
440	420.622  State Office on Homelessness; Council on
441	Homelessness.-
442	(5)  The State Office on Homelessness, with the concurrence
443	of the Council on Homelessness, may administer moneys
444	appropriated to it to provide homeless housing assistance grants
445	annually to lead agencies for local homeless assistance
446	continuum of care, as recognized by the State Office on
447	Homelessness, to acquire, construct, or rehabilitate
448	transitional or permanent housing units for homeless persons.
449	These moneys shall consist of any sums that the state may
450	appropriate, as well as money received from donations, gifts,
451	bequests, or otherwise from any public or private source, which
452	are intended to acquire, construct, or rehabilitate transitional
453	or permanent housing units for homeless persons.
454	(a)  Grant applicants shall be ranked competitively.
455	Preference must be given to applicants who leverage additional
456	private funds and public funds, particularly federal funds
457	designated for the acquisition, construction, or rehabilitation
458	of transitional or permanent housing for homeless persons; who
459	acquire, build, or rehabilitate the greatest number of units;
460	and who acquire, build, or rehabilitate in catchment areas
461	having the greatest need for housing for the homeless relative
462	to the population of the catchment area.
463	(b)  Funding for any particular project may not exceed
464	$750,000.
465	(c)  Projects must reserve, for a minimum of 10 years, the
466	number of units acquired, constructed, or rehabilitated through
467	homeless housing assistance grant funding to serve persons who
468	are homeless at the time they assume tenancy.
469	(d)  No more than two grants may be awarded annually in any
470	given local homeless assistance continuum of care catchment
471	area.
472	(e)  A project may not be funded which is not included in
473	the local homeless assistance continuum of care plan, as
474	recognized by the State Office on Homelessness, for the
475	catchment area in which the project is located.
476	(f)  The maximum percentage of funds that the State Office
477	on Homelessness and each applicant may spend on administrative
478	costs is 5 percent.
479	Section 11.  Section 420.628, Florida Statutes, is
480	reenacted to read:
481	420.628  Affordable housing for children and young adults
482	leaving foster care; legislative findings and intent.-
483	(1)(a)  The Legislature finds that there are many young
484	adults who, through no fault of their own, live in foster
485	families, group homes, and institutions, and face numerous
486	barriers to a successful transition to adulthood. Young adults
487	who are leaving the child welfare system may enter adulthood
488	lacking the knowledge, skills, attitudes, habits, and
489	relationships that will enable them to become productive members
490	of society.
491	(b)  The Legislature further finds that the main barriers
492	to safe and affordable housing for such young adults are cost,
493	lack of availability, the unwillingness of landlords to rent to
494	such youth due to perceived regulatory barriers, and a lack of
495	knowledge about how to be a good tenant. These barriers cause
496	young adults to be at risk of becoming homeless.
497	(c)  The Legislature also finds that young adults who leave
498	the child welfare system are disproportionately represented in
499	the homeless population. Without the stability of safe and
500	affordable housing, all other services, training, and
501	opportunities provided to such young adults may not be
502	effective. Making affordable housing available will decrease the
503	chance of homelessness and may increase the ability of such
504	young adults to live independently.
505	(d)  The Legislature intends that the Florida Housing
506	Finance Corporation, agencies within the State Housing
507	Initiative Partnership Program, local housing finance agencies,
508	public housing authorities, and their agents, and other
509	providers of affordable housing coordinate with the Department
510	of Children and Family Services, their agents, and community-
511	based care providers who provide services under s. 409.1671 to
512	develop and implement strategies and procedures designed to make
513	affordable housing available whenever and wherever possible to
514	young adults who leave the child welfare system.
515	(2)  Young adults who leave the child welfare system meet
516	the definition of eligible persons under ss. 420.503(17) and
517	420.9071(10) for affordable housing, and are encouraged to
518	participate in federal, state, and local affordable housing
519	programs. Students deemed to be eligible occupants under 26
520	U.S.C. s. 42(i)(3)(D) shall be considered eligible persons for
521	purposes of all projects funded under this chapter.
522	Section 12.  Subsections (4), (8), (16), (25), (29), and
523	(30) of section 420.9071, Florida Statutes, are reenacted to
524	read:
525	420.9071  Definitions.-As used in ss. 420.907-420.9079, the
526	term:
527	(4)  "Annual gross income" means annual income as defined
528	under the Section 8 housing assistance payments programs in 24
529	C.F.R. part 5; annual income as reported under the census long
530	form for the recent available decennial census; or adjusted
531	gross income as defined for purposes of reporting under Internal
532	Revenue Service Form 1040 for individual federal annual income
533	tax purposes or as defined by standard practices used in the
534	lending industry as detailed in the local housing assistance
535	plan and approved by the corporation. Counties and eligible
536	municipalities shall calculate income by annualizing verified
537	sources of income for the household as the amount of income to
538	be received in a household during the 12 months following the
539	effective date of the determination.
540	(8)  "Eligible housing" means any real and personal
541	property located within the county or the eligible municipality
542	which is designed and intended for the primary purpose of
543	providing decent, safe, and sanitary residential units that are
544	designed to meet the standards of the Florida Building Code or
545	previous building codes adopted under chapter 553, or
546	manufactured housing constructed after June 1994 and installed
547	in accordance with the installation standards for mobile or
548	manufactured homes contained in rules of the Department of
549	Highway Safety and Motor Vehicles, for home ownership or rental
550	for eligible persons as designated by each county or eligible
551	municipality participating in the State Housing Initiatives
552	Partnership Program.
553	(16)  "Local housing incentive strategies" means local
554	regulatory reform or incentive programs to encourage or
555	facilitate affordable housing production, which include at a
556	minimum, assurance that permits as defined in s. 163.3164(7) and
557	(8) for affordable housing projects are expedited to a greater
558	degree than other projects; an ongoing process for review of
559	local policies, ordinances, regulations, and plan provisions
560	that increase the cost of housing prior to their adoption; and a
561	schedule for implementing the incentive strategies. Local
562	housing incentive strategies may also include other regulatory
563	reforms, such as those enumerated in s. 420.9076 or those
564	recommended by the affordable housing advisory committee in its
565	triennial evaluation of the implementation of affordable housing
566	incentives, and adopted by the local governing body.
567	(25)  "Recaptured funds" means funds that are recouped by a
568	county or eligible municipality in accordance with the recapture
569	provisions of its local housing assistance plan pursuant to s.
570	420.9075(5)(h) from eligible persons or eligible sponsors, which
571	funds were not used for assistance to an eligible household for
572	an eligible activity, when there is a default on the terms of a
573	grant award or loan award.
574	(29)  "Assisted housing" or "assisted housing development"
575	means a rental housing development, including rental housing in
576	a mixed-use development, that received or currently receives
577	funding from any federal or state housing program.
578	(30)  "Preservation" means actions taken to keep rents in
579	existing assisted housing affordable for extremely-low-income,
580	very-low-income, low-income, and moderate-income households
581	while ensuring that the property stays in good physical and
582	financial condition for an extended period.
583	Section 13.  Subsections (6) and (7) of section 420.9072,
584	Florida Statutes, are reenacted to read:
585	420.9072  State Housing Initiatives Partnership Program.-
586	The State Housing Initiatives Partnership Program is created for
587	the purpose of providing funds to counties and eligible
588	municipalities as an incentive for the creation of local housing
589	partnerships, to expand production of and preserve affordable
590	housing, to further the housing element of the local government
591	comprehensive plan specific to affordable housing, and to
592	increase housing-related employment.
593	(6)  The moneys that otherwise would be distributed
594	pursuant to s. 420.9073 to a local government that does not meet
595	the program's requirements for receipts of such distributions
596	shall remain in the Local Government Housing Trust Fund to be
597	administered by the corporation.
598	(7)  A county or an eligible municipality must expend its
599	portion of the local housing distribution only to implement a
600	local housing assistance plan or as provided in this subsection.
601	(a)  A county or an eligible municipality may not expend
602	its portion of the local housing distribution to provide rent
603	subsidies; however, this does not prohibit the use of funds for
604	security and utility deposit assistance.
605	(b)  A county or an eligible municipality may expend a
606	portion of the local housing distribution to provide a one-time
607	relocation grant to persons who meet the income requirements of
608	the State Housing Initiatives Partnership Program and who are
609	subject to eviction from rental property located in the county
610	or eligible municipality due to the foreclosure of the rental
611	property. In order to receive a grant under this paragraph, a
612	person must provide the county or eligible municipality with
613	proof of meeting the income requirements of a very-low-income
614	household, a low-income household, or a moderate-income
615	household; a notice of eviction; and proof that the rent has
616	been paid for at least 3 months before the date of eviction,
617	including the month that the notice of eviction was served.
618	Relocation assistance under this paragraph is limited to a one-
619	time grant of not more than $5,000 and is not limited to persons
620	who are subject to eviction from projects funded under the State
621	Housing Initiatives Partnership Program. This paragraph expires
622	July 1, 2010.
623	Section 14.  Subsections (1), (2), (5), (6), and (7) of
624	section 420.9073, Florida Statutes, are reenacted to read:
625	420.9073  Local housing distributions.-
626	(1)  Distributions calculated in this section shall be
627	disbursed on a quarterly or more frequent basis by the
628	corporation pursuant to s. 420.9072, subject to availability of
629	funds. Each county's share of the funds to be distributed from
630	the portion of the funds in the Local Government Housing Trust
631	Fund received pursuant to s. 201.15(9) shall be calculated by
632	the corporation for each fiscal year as follows:
633	(a)  Each county other than a county that has implemented
634	the provisions of chapter 83-220, Laws of Florida, as amended by
635	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
636	receive the guaranteed amount for each fiscal year.
637	(b)  Each county other than a county that has implemented
638	the provisions of chapter 83-220, Laws of Florida, as amended by
639	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
640	receive an additional share calculated as follows:
641	1.  Multiply each county's percentage of the total state
642	population excluding the population of any county that has
643	implemented the provisions of chapter 83-220, Laws of Florida,
644	as amended by chapters 84-270, 86-152, and 89-252, Laws of
645	Florida, by the total funds to be distributed.
646	2.  If the result in subparagraph 1. is less than the
647	guaranteed amount as determined in subsection (3), that county's
648	additional share shall be zero.
649	3.  For each county in which the result in subparagraph 1.
650	is greater than the guaranteed amount as determined in
651	subsection (3), the amount calculated in subparagraph 1. shall
652	be reduced by the guaranteed amount. The result for each such
653	county shall be expressed as a percentage of the amounts so
654	determined for all counties. Each such county shall receive an
655	additional share equal to such percentage multiplied by the
656	total funds received by the Local Government Housing Trust Fund
657	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
658	to all counties.
659	(2)  Distributions calculated in this section shall be
660	disbursed on a quarterly or more frequent basis by the
661	corporation pursuant to s. 420.9072, subject to availability of
662	funds. Each county's share of the funds to be distributed from
663	the portion of the funds in the Local Government Housing Trust
664	Fund received pursuant to s. 201.15(10) shall be calculated by
665	the corporation for each fiscal year as follows:
666	(a)  Each county shall receive the guaranteed amount for
667	each fiscal year.
668	(b)  Each county may receive an additional share calculated
669	as follows:
670	1.  Multiply each county's percentage of the total state
671	population, by the total funds to be distributed.
672	2.  If the result in subparagraph 1. is less than the
673	guaranteed amount as determined in subsection (3), that county's
674	additional share shall be zero.
675	3.  For each county in which the result in subparagraph 1.
676	is greater than the guaranteed amount, the amount calculated in
677	subparagraph 1. shall be reduced by the guaranteed amount. The
678	result for each such county shall be expressed as a percentage
679	of the amounts so determined for all counties. Each such county
680	shall receive an additional share equal to this percentage
681	multiplied by the total funds received by the Local Government
682	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
683	guaranteed amount paid to all counties.
684	(5)  Notwithstanding subsections (1)-(4), the corporation
685	may withhold up to $5 million of the total amount distributed
686	each fiscal year from the Local Government Housing Trust Fund to
687	provide additional funding to counties and eligible
688	municipalities where a state of emergency has been declared by
689	the Governor pursuant to chapter 252. Any portion of the
690	withheld funds not distributed by the end of the fiscal year
691	shall be distributed as provided in subsections (1) and (2).
692	(6)  Notwithstanding subsections (1)-(4), the corporation
693	may withhold up to $5 million from the total amount distributed
694	each fiscal year from the Local Government Housing Trust Fund to
695	provide funding to counties and eligible municipalities to
696	purchase properties subject to a State Housing Initiative
697	Partnership Program lien and on which foreclosure proceedings
698	have been initiated by any mortgagee. Each county and eligible
699	municipality that receives funds under this subsection shall
700	repay such funds to the corporation not later than the
701	expenditure deadline for the fiscal year in which the funds were
702	awarded. Amounts not repaid shall be withheld from the
703	subsequent year's distribution. Any portion of such funds not
704	distributed under this subsection by the end of the fiscal year
705	shall be distributed as provided in subsections (1) and (2).
706	(7)  A county receiving local housing distributions under
707	this section or an eligible municipality that receives local
708	housing distributions under an interlocal agreement shall expend
709	those funds in accordance with the provisions of ss. 420.907-
710	420.9079, rules of the corporation, and the county's local
711	housing assistance plan.
712	Section 15.  Subsections (1), (3), (5), and (8), paragraphs
713	(a) and (h) of subsection (10), paragraph (b) of subsection
714	(13), and subsection (14) of section 420.9075, Florida Statutes,
715	are reenacted to read:
716	420.9075  Local housing assistance plans; partnerships.-
717	(1)(a)  Each county or eligible municipality participating
718	in the State Housing Initiatives Partnership Program shall
719	develop and implement a local housing assistance plan created to
720	make affordable residential units available to persons of very
721	low income, low income, or moderate income and to persons who
722	have special housing needs, including, but not limited to,
723	homeless people, the elderly, migrant farmworkers, and persons
724	with disabilities. Counties or eligible municipalities may
725	include strategies to assist persons and households having
726	annual incomes of not more than 140 percent of area median
727	income. The plans are intended to increase the availability of
728	affordable residential units by combining local resources and
729	cost-saving measures into a local housing partnership and using
730	private and public funds to reduce the cost of housing.
731	(b)  Local housing assistance plans may allocate funds to:
732	1.  Implement local housing assistance strategies for the
733	provision of affordable housing.
734	2.  Supplement funds available to the corporation to
735	provide enhanced funding of state housing programs within the
736	county or the eligible municipality.
737	3.  Provide the local matching share of federal affordable
738	housing grants or programs.
739	4.  Fund emergency repairs, including, but not limited to,
740	repairs performed by existing service providers under
741	weatherization assistance programs under ss. 409.509-409.5093.
742	5.  Further the housing element of the local government
743	comprehensive plan adopted pursuant to s. 163.3184, specific to
744	affordable housing.
745	(3)(a)  Each local housing assistance plan shall include a
746	definition of essential service personnel for the county or
747	eligible municipality, including, but not limited to, teachers
748	and educators, other school district, community college, and
749	university employees, police and fire personnel, health care
750	personnel, skilled building trades personnel, and other job
751	categories.
752	(b)  Each county and each eligible municipality is
753	encouraged to develop a strategy within its local housing
754	assistance plan that emphasizes the recruitment and retention of
755	essential service personnel. The local government is encouraged
756	to involve public and private sector employers. Compliance with
757	the eligibility criteria established under this strategy shall
758	be verified by the county or eligible municipality.
759	(c)  Each county and each eligible municipality is
760	encouraged to develop a strategy within its local housing
761	assistance plan that addresses the needs of persons who are
762	deprived of affordable housing due to the closure of a mobile
763	home park or the conversion of affordable rental units to
764	condominiums.
765	(d)  Each county and each eligible municipality shall
766	describe initiatives in the local housing assistance plan to
767	encourage or require innovative design, green building
768	principles, storm-resistant construction, or other elements that
769	reduce long-term costs relating to maintenance, utilities, or
770	insurance.
771	(e)  Each county and each eligible municipality is
772	encouraged to develop a strategy within its local housing
773	assistance plan which provides program funds for the
774	preservation of assisted housing.
775	(5)  The following criteria apply to awards made to
776	eligible sponsors or eligible persons for the purpose of
777	providing eligible housing:
778	(a)  At least 65 percent of the funds made available in
779	each county and eligible municipality from the local housing
780	distribution must be reserved for home ownership for eligible
781	persons.
782	(b)  At least 75 percent of the funds made available in
783	each county and eligible municipality from the local housing
784	distribution must be reserved for construction, rehabilitation,
785	or emergency repair of affordable, eligible housing.
786	(c)  Not more than 20 percent of the funds made available
787	in each county and eligible municipality from the local housing
788	distribution may be used for manufactured housing.
789	(d)  The sales price or value of new or existing eligible
790	housing may not exceed 90 percent of the average area purchase
791	price in the statistical area in which the eligible housing is
792	located. Such average area purchase price may be that calculated
793	for any 12-month period beginning not earlier than the fourth
794	calendar year prior to the year in which the award occurs or as
795	otherwise established by the United States Department of the
796	Treasury.
797	(e)1.  All units constructed, rehabilitated, or otherwise
798	assisted with the funds provided from the local housing
799	assistance trust fund must be occupied by very-low-income
800	persons, low-income persons, and moderate-income persons except
801	as otherwise provided in this section.
802	2.  At least 30 percent of the funds deposited into the
803	local housing assistance trust fund must be reserved for awards
804	to very-low-income persons or eligible sponsors who will serve
805	very-low-income persons and at least an additional 30 percent of
806	the funds deposited into the local housing assistance trust fund
807	must be reserved for awards to low-income persons or eligible
808	sponsors who will serve low-income persons. This subparagraph
809	does not apply to a county or an eligible municipality that
810	includes, or has included within the previous 5 years, an area
811	of critical state concern designated or ratified by the
812	Legislature for which the Legislature has declared its intent to
813	provide affordable housing. The exemption created by this act
814	expires on July 1, 2013, and shall apply retroactively.
815	(f)  Loans shall be provided for periods not exceeding 30
816	years, except for deferred payment loans or loans that extend
817	beyond 30 years which continue to serve eligible persons.
818	(g)  Loans or grants for eligible rental housing
819	constructed, rehabilitated, or otherwise assisted from the local
820	housing assistance trust fund must be subject to recapture
821	requirements as provided by the county or eligible municipality
822	in its local housing assistance plan unless reserved for
823	eligible persons for 15 years or the term of the assistance,
824	whichever period is longer. Eligible sponsors that offer rental
825	housing for sale before 15 years or that have remaining
826	mortgages funded under this program must give a first right of
827	refusal to eligible nonprofit organizations for purchase at the
828	current market value for continued occupancy by eligible
829	persons.
830	(h)  Loans or grants for eligible owner-occupied housing
831	constructed, rehabilitated, or otherwise assisted from proceeds
832	provided from the local housing assistance trust fund shall be
833	subject to recapture requirements as provided by the county or
834	eligible municipality in its local housing assistance plan.
835	(i)  The total amount of monthly mortgage payments or the
836	amount of monthly rent charged by the eligible sponsor or her or
837	his designee must be made affordable.
838	(j)  The maximum sales price or value per unit and the
839	maximum award per unit for eligible housing benefiting from
840	awards made pursuant to this section must be established in the
841	local housing assistance plan.
842	(k)  The benefit of assistance provided through the State
843	Housing Initiatives Partnership Program must accrue to eligible
844	persons occupying eligible housing. This provision shall not be
845	construed to prohibit use of the local housing distribution
846	funds for a mixed income rental development.
847	(l)  Funds from the local housing distribution not used to
848	meet the criteria established in paragraph (a) or paragraph (b)
849	or not used for the administration of a local housing assistance
850	plan must be used for housing production and finance activities,
851	including, but not limited to, financing preconstruction
852	activities or the purchase of existing units, providing rental
853	housing, and providing home ownership training to prospective
854	home buyers and owners of homes assisted through the local
855	housing assistance plan.
856	1.  Notwithstanding the provisions of paragraphs (a) and
857	(b), program income as defined in s. 420.9071(24) may also be
858	used to fund activities described in this paragraph.
859	2.  When preconstruction due-diligence activities conducted
860	as part of a preservation strategy show that preservation of the
861	units is not feasible and will not result in the production of
862	an eligible unit, such costs shall be deemed a program expense
863	rather than an administrative expense if such program expenses
864	do not exceed 3 percent of the annual local housing
865	distribution.
866	3.  If both an award under the local housing assistance
867	plan and federal low-income housing tax credits are used to
868	assist a project and there is a conflict between the criteria
869	prescribed in this subsection and the requirements of s. 42 of
870	the Internal Revenue Code of 1986, as amended, the county or
871	eligible municipality may resolve the conflict by giving
872	precedence to the requirements of s. 42 of the Internal Revenue
873	Code of 1986, as amended, in lieu of following the criteria
874	prescribed in this subsection with the exception of paragraphs
875	(a) and (e) of this subsection.
876	4.  Each county and each eligible municipality may award
877	funds as a grant for construction, rehabilitation, or repair as
878	part of disaster recovery or emergency repairs or to remedy
879	accessibility or health and safety deficiencies. Any other
880	grants must be approved as part of the local housing assistance
881	plan.
882	(8)  Pursuant to s. 420.531, the corporation shall provide
883	training and technical assistance to local governments regarding
884	the creation of partnerships, the design of local housing
885	assistance strategies, the implementation of local housing
886	incentive strategies, and the provision of support services.
887	(10)  Each county or eligible municipality shall submit to
888	the corporation by September 15 of each year a report of its
889	affordable housing programs and accomplishments through June 30
890	immediately preceding submittal of the report. The report shall
891	be certified as accurate and complete by the local government's
892	chief elected official or his or her designee. Transmittal of
893	the annual report by a county's or eligible municipality's chief
894	elected official, or his or her designee, certifies that the
895	local housing incentive strategies, or, if applicable, the local
896	housing incentive plan, have been implemented or are in the
897	process of being implemented pursuant to the adopted schedule
898	for implementation. The report must include, but is not limited
899	to:
900	(a)  The number of households served by income category,
901	age, family size, and race, and data regarding any special needs
902	populations such as farmworkers, homeless persons, persons with
903	disabilities, and the elderly. Counties shall report this
904	information separately for households served in the
905	unincorporated area and each municipality within the county.
906	(h)  Such other data or affordable housing accomplishments
907	considered significant by the reporting county or eligible
908	municipality or by the corporation.
909	(13)
910	(b)  If, as a result of its review of the annual report,
911	the corporation determines that a county or eligible
912	municipality has failed to implement a local housing incentive
913	strategy, or, if applicable, a local housing incentive plan, it
914	shall send a notice of termination of the local government's
915	share of the local housing distribution by certified mail to the
916	affected county or eligible municipality.
917	1.  The notice must specify a date of termination of the
918	funding if the affected county or eligible municipality does not
919	implement the plan or strategy and provide for a local response.
920	A county or eligible municipality shall respond to the
921	corporation within 30 days after receipt of the notice of
922	termination.
923	2.  The corporation shall consider the local response that
924	extenuating circumstances precluded implementation and grant an
925	extension to the timeframe for implementation. Such an extension
926	shall be made in the form of an extension agreement that
927	provides a timeframe for implementation. The chief elected
928	official of a county or eligible municipality or his or her
929	designee shall have the authority to enter into the agreement on
930	behalf of the local government.
931	3.  If the county or the eligible municipality has not
932	implemented the incentive strategy or entered into an extension
933	agreement by the termination date specified in the notice, the
934	local housing distribution share terminates, and any uncommitted
935	local housing distribution funds held by the affected county or
936	eligible municipality in its local housing assistance trust fund
937	shall be transferred to the Local Government Housing Trust Fund
938	to the credit of the corporation to administer.
939	4.a.  If the affected local government fails to meet the
940	timeframes specified in the agreement, the corporation shall
941	terminate funds. The corporation shall send a notice of
942	termination of the local government's share of the local housing
943	distribution by certified mail to the affected local government.
944	The notice shall specify the termination date, and any
945	uncommitted funds held by the affected local government shall be
946	transferred to the Local Government Housing Trust Fund to the
947	credit of the corporation to administer.
948	b.  If the corporation terminates funds to a county, but an
949	eligible municipality receiving a local housing distribution
950	pursuant to an interlocal agreement maintains compliance with
951	program requirements, the corporation shall thereafter
952	distribute directly to the participating eligible municipality
953	its share calculated in the manner provided in s. 420.9072.
954	c.  Any county or eligible municipality whose local
955	distribution share has been terminated may subsequently elect to
956	receive directly its local distribution share by adopting the
957	ordinance, resolution, and local housing assistance plan in the
958	manner and according to the procedures provided in ss. 420.907-
959	420.9079.
960	(14)  If the corporation determines that a county or
961	eligible municipality has expended program funds for an
962	ineligible activity, the corporation shall require such funds to
963	be repaid to the local housing assistance trust fund. Such
964	repayment may not be made with funds from the State Housing
965	Initiatives Partnership Program.
966	Section 16.  Paragraph (h) of subsection (2), subsections
967	(5) and (6), and paragraph (a) of subsection (7) of section
968	420.9076, Florida Statutes, are reenacted to read:
969	420.9076  Adoption of affordable housing incentive
970	strategies; committees.-
971	(2)  The governing board of a county or municipality shall
972	appoint the members of the affordable housing advisory committee
973	by resolution. Pursuant to the terms of any interlocal
974	agreement, a county and municipality may create and jointly
975	appoint an advisory committee to prepare a joint plan. The
976	ordinance adopted pursuant to s. 420.9072 which creates the
977	advisory committee or the resolution appointing the advisory
978	committee members must provide for 11 committee members and
979	their terms. The committee must include:
980	(h)  One citizen who actively serves on the local planning
981	agency pursuant to s. 163.3174. If the local planning agency is
982	comprised of the governing board of the county or municipality,
983	the governing board may appoint a designee who is knowledgeable
984	in the local planning process.
985
986	If a county or eligible municipality whether due to its small
987	size, the presence of a conflict of interest by prospective
988	appointees, or other reasonable factor, is unable to appoint a
989	citizen actively engaged in these activities in connection with
990	affordable housing, a citizen engaged in the activity without
991	regard to affordable housing may be appointed. Local governments
992	that receive the minimum allocation under the State Housing
993	Initiatives Partnership Program may elect to appoint an
994	affordable housing advisory committee with fewer than 11
995	representatives if they are unable to find representatives who
996	meet the criteria of paragraphs (a)-(k).
997	(5)  The approval by the advisory committee of its local
998	housing incentive strategies recommendations and its review of
999	local government implementation of previously recommended
1000	strategies must be made by affirmative vote of a majority of the
1001	membership of the advisory committee taken at a public hearing.
1002	Notice of the time, date, and place of the public hearing of the
1003	advisory committee to adopt its evaluation and final local
1004	housing incentive strategies recommendations must be published
1005	in a newspaper of general paid circulation in the county. The
1006	notice must contain a short and concise summary of the
1007	evaluation and local housing incentives strategies
1008	recommendations to be considered by the advisory committee. The
1009	notice must state the public place where a copy of the
1010	evaluation and tentative advisory committee recommendations can
1011	be obtained by interested persons. The final report, evaluation,
1012	and recommendations shall be submitted to the corporation.
1013	(6)  Within 90 days after the date of receipt of the
1014	evaluation and local housing incentive strategies
1015	recommendations from the advisory committee, the governing body
1016	of the appointing local government shall adopt an amendment to
1017	its local housing assistance plan to incorporate the local
1018	housing incentive strategies it will implement within its
1019	jurisdiction. The amendment must include, at a minimum, the
1020	local housing incentive strategies required under s.
1021	420.9071(16). The local government must consider the strategies
1022	specified in paragraphs (4)(a)-(k) as recommended by the
1023	advisory committee.
1024	(7)  The governing board of the county or the eligible
1025	municipality shall notify the corporation by certified mail of
1026	its adoption of an amendment of its local housing assistance
1027	plan to incorporate local housing incentive strategies. The
1028	notice must include a copy of the approved amended plan.
1029	(a)  If the corporation fails to receive timely the
1030	approved amended local housing assistance plan to incorporate
1031	local housing incentive strategies, a notice of termination of
1032	its share of the local housing distribution shall be sent by
1033	certified mail by the corporation to the affected county or
1034	eligible municipality. The notice of termination must specify a
1035	date of termination of the funding if the affected county or
1036	eligible municipality has not adopted an amended local housing
1037	assistance plan to incorporate local housing incentive
1038	strategies. If the county or the eligible municipality has not
1039	adopted an amended local housing assistance plan to incorporate
1040	local housing incentive strategies by the termination date
1041	specified in the notice of termination, the local distribution
1042	share terminates; and any uncommitted local distribution funds
1043	held by the affected county or eligible municipality in its
1044	local housing assistance trust fund shall be transferred to the
1045	Local Government Housing Trust Fund to the credit of the
1046	corporation to administer the local government housing program.
1047	Section 17.  Section 420.9078, Florida Statutes, is
1048	repealed.
1049	Section 18.  Section 420.9079, Florida Statutes, is
1050	reenacted to read:
1051	420.9079  Local Government Housing Trust Fund.-
1052	(1)  There is created in the State Treasury the Local
1053	Government Housing Trust Fund, which shall be administered by
1054	the corporation on behalf of the department according to the
1055	provisions of ss. 420.907-420.9076 and this section. There shall
1056	be deposited into the fund a portion of the documentary stamp
1057	tax revenues as provided in s. 201.15, moneys received from any
1058	other source for the purposes of ss. 420.907-420.9076 and this
1059	section, and all proceeds derived from the investment of such
1060	moneys. Moneys in the fund that are not currently needed for the
1061	purposes of the programs administered pursuant to ss. 420.907-
1062	420.9076 and this section shall be deposited to the credit of
1063	the fund and may be invested as provided by law. The interest
1064	received on any such investment shall be credited to the fund.
1065	(2)  The corporation shall administer the fund exclusively
1066	for the purpose of implementing the programs described in ss.
1067	420.907-420.9076 and this section. With the exception of
1068	monitoring the activities of counties and eligible
1069	municipalities to determine local compliance with program
1070	requirements, the corporation shall not receive appropriations
1071	from the fund for administrative or personnel costs. For the
1072	purpose of implementing the compliance monitoring provisions of
1073	s. 420.9075(9), the corporation may request a maximum of one-
1074	quarter of 1 percent of the annual appropriation per state
1075	fiscal year. When such funding is appropriated, the corporation
1076	shall deduct the amount appropriated prior to calculating the
1077	local housing distribution pursuant to ss. 420.9072 and
1078	420.9073.
1079	Section 19.  Subsection (12) of section 1001.43, Florida
1080	Statutes, is reenacted to read:
1081	1001.43  Supplemental powers and duties of district school
1082	board.-The district school board may exercise the following
1083	supplemental powers and duties as authorized by this code or
1084	State Board of Education rule.
1085	(12)  AFFORDABLE HOUSING.-A district school board may use
1086	portions of school sites purchased within the guidelines of the
1087	State Requirements for Educational Facilities, land deemed not
1088	usable for educational purposes because of location or other
1089	factors, or land declared as surplus by the board to provide
1090	sites for affordable housing for teachers and other district
1091	personnel and, in areas of critical state concern, for other
1092	essential services personnel as defined by local affordable
1093	housing eligibility requirements, independently or in
1094	conjunction with other agencies as described in subsection (5).
1095	Section 20.  This act shall take effect upon becoming a
1096	law, and those portions of this act which were amended, created,
1097	or repealed by chapter 2009-96, Laws of Florida, shall operate
1098	retroactively to June 1, 2009. If such retroactive application
1099	is held by a court of last resort to be unconstitutional, this
1100	act shall apply prospectively from the date that this act
1101	becomes a law.

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