Bill Text: FL S0262 | 2010 | Regular Session | Comm Sub
Bill Title: Affordable Housing [EPSC]
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2010-04-27 - Placed on Special Order Calendar; Read 2nd time -SJ 00914; Amendment(s) adopted (815630, 798042, 457750, 256110, 143790) -SJ 00914; Substituted CS/CS/CS/HB 665 (Died in House returning Messages) -SJ 00914; Laid on Table -SJ 00914 [S0262 Detail]
Download: Florida-2010-S0262-Comm_Sub.html
Florida Senate - 2010 CS for CS for SB 262
By the Committees on Finance and Tax; and Community Affairs; and
Senators Bennett and Altman
593-04312A-10 2010262c2
1 A bill to be entitled
2 An act relating to affordable housing; amending s.
3 20.055, F.S.; revising definitions relating to agency
4 inspectors general to include the Florida Housing
5 Finance Corporation; amending s. 159.608, F.S.;
6 providing a housing finance authority with an
7 additional purpose for which it may exercise its power
8 to borrow; amending s. 163.3177, F.S.; revising
9 provisions relating to the elements of local
10 comprehensive plans to include an element for
11 affordable housing for seniors; providing for the
12 disposition of real property by a local government for
13 the development of affordable housing; amending s.
14 201.15, F.S.; revising the allocation of certain
15 proceeds distributed from the excise tax on documents
16 which are paid into the State Treasury to the credit
17 of the State Housing Trust Fund; amending s. 420.0003,
18 F.S.; providing additional policy guidelines under the
19 state housing strategy for the development of programs
20 for housing production or rehabilitation; including
21 the needs of persons with special needs in the
22 strategy’s periodic review and report; amending s.
23 420.0004, F.S.; defining the terms “disabling
24 condition” and “person with special needs”; conforming
25 cross-references; amending s. 420.0006, F.S.; deleting
26 provisions that require the inspector general of the
27 Department of Community Affairs to perform functions
28 for the corporation to conform to changes made by the
29 act; amending s. 420.506, F.S.; providing for the
30 appointment and removal of an inspector general for
31 the Florida Housing Finance Corporation; amending s.
32 420.507, F.S.; requiring certain rates of interest to
33 be made available to sponsors of projects for persons
34 with special needs; providing additional powers of the
35 corporation relating to receipt of federal funds;
36 conforming a cross-reference; revising the
37 corporation’s powers relating to criteria for
38 establishing a preference for developers and general
39 contractors who are domiciled in the state or have
40 substantial experience in developing affordable
41 housing; requiring that the corporation adopt rules
42 applying the criteria to any competitive program;
43 amending s. 420.5087, F.S.; limiting the reservation
44 of funds within each notice of fund availability to
45 the persons with special needs tenant group; including
46 persons with special needs as a tenant group for
47 specified purposes of the State Apartment Incentive
48 Loan Program; requiring a specified review committee
49 to include projects that reserve units for persons
50 with special needs in its evaluation and competitive
51 ranking of applications for such program; conforming a
52 cross-reference; amending ss. 163.31771, 212.08,
53 215.5586, and 420.503, F.S.; conforming cross
54 references; providing legislative intent; prohibiting
55 funds from the State Housing Trust Fund or the Local
56 Government Housing Trust Fund which are appropriated
57 for specified programs from being used for certain
58 purposes; providing for future repeal; providing an
59 effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Paragraphs (a) and (b) of subsection (1) and
64 subsection (7) of section 20.055, Florida Statutes, are amended
65 to read:
66 20.055 Agency inspectors general.—
67 (1) For the purposes of this section:
68 (a) “State agency” means each department created pursuant
69 to this chapter, and also includes the Executive Office of the
70 Governor, the Department of Military Affairs, the Fish and
71 Wildlife Conservation Commission, the Office of Insurance
72 Regulation of the Financial Services Commission, the Office of
73 Financial Regulation of the Financial Services Commission, the
74 Public Service Commission, the Board of Governors of the State
75 University System, the Florida Housing Finance Corporation, and
76 the state courts system.
77 (b) “Agency head” means the Governor, a Cabinet officer, a
78 secretary as defined in s. 20.03(5), or an executive director as
79 defined in s. 20.03(6). It also includes the chair of the Public
80 Service Commission, the Director of the Office of Insurance
81 Regulation of the Financial Services Commission, the Director of
82 the Office of Financial Regulation of the Financial Services
83 Commission, the board of directors of the Florida Housing
84 Finance Corporation, and the Chief Justice of the State Supreme
85 Court.
86 (7) Each inspector general shall, not later than September
87 30 of each year, prepare an annual report summarizing the
88 activities of the office during the immediately preceding agency
89 state fiscal year. The final report shall be furnished to the
90 agency head. Such report shall include, but need not be limited
91 to:
92 (a) A description of activities relating to the
93 development, assessment, and validation of performance measures.
94 (b) A description of significant abuses and deficiencies
95 relating to the administration of programs and operations of the
96 agency disclosed by investigations, audits, reviews, or other
97 activities during the reporting period.
98 (c) A description of the recommendations for corrective
99 action made by the inspector general during the reporting period
100 with respect to significant problems, abuses, or deficiencies
101 identified.
102 (d) The identification of each significant recommendation
103 described in previous annual reports on which corrective action
104 has not been completed.
105 (e) A summary of each audit and investigation completed
106 during the reporting period.
107 Section 2. Subsection (11) is added to section 159.608,
108 Florida Statutes, to read:
109 159.608 Powers of housing finance authorities.—A housing
110 finance authority shall constitute a public body corporate and
111 politic, exercising the public and essential governmental
112 functions set forth in this act, and shall exercise its power to
113 borrow only for the purpose as provided herein:
114 (11) To invest and reinvest surplus funds of the housing
115 finance authority in accordance with s. 218.415. However, in
116 addition to the investments expressly authorized in ss.
117 218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
118 may invest surplus funds in interest-bearing time deposits or
119 savings accounts that are fully insured by the Federal Deposit
120 Insurance Corporation regardless of whether the bank or
121 financial institution in which the deposit or investment is made
122 is a qualified public depository as defined in s. 280.02. This
123 subsection is supplementary to and may not be construed as
124 limiting any powers of a housing finance authority or providing
125 or implying a limiting construction of any other statutory
126 provision.
127 Section 3. Paragraph (f) of subsection (6) of section
128 163.3177, Florida Statutes, is amended to read:
129 163.3177 Required and optional elements of comprehensive
130 plan; studies and surveys.—
131 (6) In addition to the requirements of subsections (1)-(5)
132 and (12), the comprehensive plan shall include the following
133 elements:
134 (f)1. A housing element consisting of standards, plans, and
135 principles to be followed in:
136 a. The provision of housing for all current and anticipated
137 future residents of the jurisdiction.
138 b. The elimination of substandard dwelling conditions.
139 c. The structural and aesthetic improvement of existing
140 housing.
141 d. The provision of adequate sites for future housing,
142 including affordable workforce housing as defined in s.
143 380.0651(3)(j), housing for low-income, very low-income, and
144 moderate-income families, mobile homes, affordable housing for
145 seniors, and group home facilities and foster care facilities,
146 with supporting infrastructure and public facilities. Real
147 property that is conveyed to a local government for affordable
148 housing under this sub-subparagraph shall be disposed of by the
149 local government pursuant to s. 125.379 or s. 166.0451.
150 e. Provision for relocation housing and identification of
151 historically significant and other housing for purposes of
152 conservation, rehabilitation, or replacement.
153 f. The formulation of housing implementation programs.
154 g. The creation or preservation of affordable housing to
155 minimize the need for additional local services and avoid the
156 concentration of affordable housing units only in specific areas
157 of the jurisdiction.
158 h. Energy efficiency in the design and construction of new
159 housing.
160 i. Use of renewable energy resources.
161 j. Each county in which the gap between the buying power of
162 a family of four and the median county home sale price exceeds
163 $170,000, as determined by the Florida Housing Finance
164 Corporation, and which is not designated as an area of critical
165 state concern shall adopt a plan for ensuring affordable
166 workforce housing. At a minimum, the plan shall identify
167 adequate sites for such housing. For purposes of this sub
168 subparagraph, the term “workforce housing” means housing that is
169 affordable to natural persons or families whose total household
170 income does not exceed 140 percent of the area median income,
171 adjusted for household size.
172 k. As a precondition to receiving any state affordable
173 housing funding or allocation for any project or program within
174 the jurisdiction of a county that is subject to sub-subparagraph
175 j., a county must, by July 1 of each year, provide certification
176 that the county has complied with the requirements of sub
177 subparagraph j.
178
179 The goals, objectives, and policies of the housing element must
180 be based on the data and analysis prepared on housing needs,
181 including the affordable housing needs assessment. State and
182 federal housing plans prepared on behalf of the local government
183 must be consistent with the goals, objectives, and policies of
184 the housing element. Local governments are encouraged to use job
185 training, job creation, and economic solutions to address a
186 portion of their affordable housing concerns.
187 2. To assist local governments in housing data collection
188 and analysis and assure uniform and consistent information
189 regarding the state’s housing needs, the state land planning
190 agency shall conduct an affordable housing needs assessment for
191 all local jurisdictions on a schedule that coordinates the
192 implementation of the needs assessment with the evaluation and
193 appraisal reports required by s. 163.3191. Each local government
194 shall utilize the data and analysis from the needs assessment as
195 one basis for the housing element of its local comprehensive
196 plan. The agency shall allow a local government the option to
197 perform its own needs assessment, if it uses the methodology
198 established by the agency by rule.
199 Section 4. Subsections (9), (10), and (13) of section
200 201.15, Florida Statutes, as amended by chapters 2009-17, 2009
201 21, and 2009-68, Laws of Florida, are amended to read:
202 201.15 Distribution of taxes collected.—All taxes collected
203 under this chapter are subject to the service charge imposed in
204 s. 215.20(1). Prior to distribution under this section, the
205 Department of Revenue shall deduct amounts necessary to pay the
206 costs of the collection and enforcement of the tax levied by
207 this chapter. Such costs and the service charge may not be
208 levied against any portion of taxes pledged to debt service on
209 bonds to the extent that the costs and service charge are
210 required to pay any amounts relating to the bonds. After
211 distributions are made pursuant to subsection (1), all of the
212 costs of the collection and enforcement of the tax levied by
213 this chapter and the service charge shall be available and
214 transferred to the extent necessary to pay debt service and any
215 other amounts payable with respect to bonds authorized before
216 January 1, 2010, secured by revenues distributed pursuant to
217 subsection (1). All taxes remaining after deduction of costs and
218 the service charge shall be distributed as follows:
219 (9) Seven and fifty-three hundredths The lesser of 7.53
220 percent of the remaining taxes or $107 million in each fiscal
221 year shall be paid into the State Treasury to the credit of the
222 State Housing Trust Fund and used as follows:
223 (a) Half of that amount shall be used for the purposes for
224 which the State Housing Trust Fund was created and exists by
225 law.
226 (b) Half of that amount shall be paid into the State
227 Treasury to the credit of the Local Government Housing Trust
228 Fund and used for the purposes for which the Local Government
229 Housing Trust Fund was created and exists by law.
230 (10) Eight and sixty-six hundredths The lesser of 8.66
231 percent of the remaining taxes or $136 million in each fiscal
232 year shall be paid into the State Treasury to the credit of the
233 State Housing Trust Fund and used as follows:
234 (a) Twelve and one-half percent of that amount shall be
235 deposited into the State Housing Trust Fund and be expended by
236 the Department of Community Affairs and by the Florida Housing
237 Finance Corporation for the purposes for which the State Housing
238 Trust Fund was created and exists by law.
239 (b) Eighty-seven and one-half percent of that amount shall
240 be distributed to the Local Government Housing Trust Fund and
241 used for the purposes for which the Local Government Housing
242 Trust Fund was created and exists by law. Funds from this
243 category may also be used to provide for state and local
244 services to assist the homeless.
245 (13) Beginning July 1, 2008, in each fiscal year that the
246 remaining taxes collected under this chapter exceed collections
247 in the prior fiscal year, the stated maximum dollar amounts
248 provided in subsections (2), (4), (6), and (7), (9), and (10)
249 shall each be increased by an amount equal to 10 percent of the
250 increase in the remaining taxes collected under this chapter
251 multiplied by the applicable percentage provided in those
252 subsections.
253 Section 5. Paragraph (e) of subsection (3) and paragraph
254 (c) of subsection (4) of section 420.0003, Florida Statutes, are
255 amended to read:
256 420.0003 State housing strategy.—
257 (3) POLICIES.—
258 (e) Housing production or rehabilitation programs.—New
259 programs for housing production or rehabilitation shall be
260 developed in accordance with the following general guidelines as
261 appropriate for the purpose of the specific program:
262 1. State and local governments shall provide incentives to
263 encourage the private sector to be the primary delivery vehicle
264 for the development of affordable housing.
265 2. State funds should be heavily leveraged to achieve the
266 maximum local and private commitment of funds while achieving
267 the program objectives.
268 3. To the maximum extent possible, state funds should be
269 expended to provide housing units rather than to support program
270 administration.
271 4. State money should be used, when possible, as loans
272 rather than grants.
273 5. State funds should be available only to local
274 governments that provide incentives or financial assistance for
275 housing.
276 6. State funds should be made available only for projects
277 which are consistent with the local government comprehensive
278 plan.
279 7. State funding for housing should not be made available
280 to local governments whose comprehensive plans have been found
281 not in compliance with chapter 163 and who have not entered into
282 a stipulated settlement agreement with the Department of
283 Community Affairs to bring the plan into compliance.
284 8. Mixed income projects should be encouraged, to avoid a
285 concentration of low-income residents in one area or project.
286 9. Distribution of state housing funds should be flexible
287 and consider the regional and local needs, resources, and
288 capabilities of housing producers.
289 10. Distribution of housing funds for multifamily rental
290 housing should be administered to address the housing needs of
291 persons most in need of housing.
292 11.10. Income levels used to determine program eligibility
293 should be adjusted for family size in determining the
294 eligibility of specific beneficiaries.
295 12.11. To the maximum extent possible, state-owned lands
296 that are appropriate for the development of affordable housing
297 shall be made available for that purpose.
298 (4) IMPLEMENTATION.—The Department of Community Affairs and
299 the Florida Housing Finance Corporation in carrying out the
300 strategy articulated herein shall have the following duties:
301 (c) The Shimberg Center for Affordable Housing, in
302 consultation with the Department of Community Affairs and the
303 Florida Housing Finance Corporation, shall review and evaluate
304 existing housing rehabilitation, production, and finance
305 programs to determine their consistency with relevant policies
306 in this section and identify the needs of specific populations,
307 including, but not limited to, elderly persons, and handicapped
308 persons, and persons with special needs, and shall recommend
309 statutory modifications where appropriate. The Shimberg Center
310 for Affordable Housing, in consultation with the Department of
311 Community Affairs and the corporation, shall also evaluate the
312 degree of coordination between state housing programs, and
313 between state, federal, and local housing activities, and shall
314 recommend improved program linkages. The recommendations
315 required above and a report of any programmatic modifications
316 made as a result of these policies shall be included in the
317 housing report required by s. 420.6075, beginning December 31,
318 1991, and every 5 years thereafter.
319 Section 6. Section 420.0004, Florida Statutes, is amended
320 to read:
321 420.0004 Definitions.—As used in this part, unless the
322 context otherwise indicates:
323 (1) “Adjusted for family size” means adjusted in a manner
324 which results in an income eligibility level which is lower for
325 households with fewer than four people, or higher for households
326 with more than four people, than the base income eligibility
327 determined as provided in subsection (9) (8), subsection (11)
328 (10), subsection (12) (11), or subsection (17) (15), based upon
329 a formula as established by the United States Department of
330 Housing and Urban Development.
331 (2) “Adjusted gross income” means all wages, assets,
332 regular cash or noncash contributions or gifts from persons
333 outside the household, and such other resources and benefits as
334 may be determined to be income by the United States Department
335 of Housing and Urban Development, adjusted for family size, less
336 deductions allowable under s. 62 of the Internal Revenue Code.
337 (3) “Affordable” means that monthly rents or monthly
338 mortgage payments including taxes, insurance, and utilities do
339 not exceed 30 percent of that amount which represents the
340 percentage of the median adjusted gross annual income for the
341 households as indicated in subsection (9) (8), subsection (11)
342 (10), subsection (12) (11), or subsection (17) (15).
343 (4) “Corporation” means the Florida Housing Finance
344 Corporation.
345 (5) “Community-based organization” or “nonprofit
346 organization” means a private corporation organized under
347 chapter 617 to assist in the provision of housing and related
348 services on a not-for-profit basis and which is acceptable to
349 federal and state agencies and financial institutions as a
350 sponsor of low-income housing.
351 (6) “Department” means the Department of Community Affairs.
352 (7) “Disabling condition” means a diagnosable substance
353 abuse disorder, serious mental illness, developmental
354 disability, or chronic physical illness or disability, or the
355 co-occurrence of two or more of these conditions, and a
356 determination that the condition is:
357 (a) Expected to be of long-continued and indefinite
358 duration; and
359 (b) Not expected to impair the ability of the person with
360 special needs to live independently with appropriate supports.
361 (8)(7) “Elderly” describes persons 62 years of age or
362 older.
363 (9)(8) “Extremely-low-income persons” means one or more
364 natural persons or a family whose total annual household income
365 does not exceed 30 percent of the median annual adjusted gross
366 income for households within the state. The Florida Housing
367 Finance Corporation may adjust this amount annually by rule to
368 provide that in lower income counties, extremely low income may
369 exceed 30 percent of area median income and that in higher
370 income counties, extremely low income may be less than 30
371 percent of area median income.
372 (10)(9) “Local public body” means any county, municipality,
373 or other political subdivision, or any housing authority as
374 provided by chapter 421, which is eligible to sponsor or develop
375 housing for farmworkers and very-low-income and low-income
376 persons within its jurisdiction.
377 (11)(10) “Low-income persons” means one or more natural
378 persons or a family, the total annual adjusted gross household
379 income of which does not exceed 80 percent of the median annual
380 adjusted gross income for households within the state, or 80
381 percent of the median annual adjusted gross income for
382 households within the metropolitan statistical area (MSA) or, if
383 not within an MSA, within the county in which the person or
384 family resides, whichever is greater.
385 (12)(11) “Moderate-income persons” means one or more
386 natural persons or a family, the total annual adjusted gross
387 household income of which is less than 120 percent of the median
388 annual adjusted gross income for households within the state, or
389 120 percent of the median annual adjusted gross income for
390 households within the metropolitan statistical area (MSA) or, if
391 not within an MSA, within the county in which the person or
392 family resides, whichever is greater.
393 (13) “Person with special needs” means an adult person
394 requiring independent living services in order to maintain
395 housing or develop independent living skills and who has a
396 disabling condition; a young adult formerly in foster care who
397 is eligible for services under s. 409.1451(5); a survivor of
398 domestic violence as defined in s. 741.28; or a person receiving
399 benefits under the Social Security Disability Insurance (SSDI)
400 program or the Supplemental Security Income (SSI) program or
401 from veterans’ disability benefits.
402 (14)(12) “Student” means any person not living with his or
403 her parent or guardian who is eligible to be claimed by his or
404 her parent or guardian as a dependent under the federal income
405 tax code and who is enrolled on at least a half-time basis in a
406 secondary school, career center, community college, college, or
407 university.
408 (15)(13) “Substandard” means:
409 (a) Any unit lacking complete plumbing or sanitary
410 facilities for the exclusive use of the occupants;
411 (b) A unit which is in violation of one or more major
412 sections of an applicable housing code and where such violation
413 poses a serious threat to the health of the occupant; or
414 (c) A unit that has been declared unfit for human
415 habitation but that could be rehabilitated for less than 50
416 percent of the property value.
417 (16)(14) “Substantial rehabilitation” means repair or
418 restoration of a dwelling unit where the value of such repair or
419 restoration exceeds 40 percent of the value of the dwelling.
420 (17)(15) “Very-low-income persons” means one or more
421 natural persons or a family, not including students, the total
422 annual adjusted gross household income of which does not exceed
423 50 percent of the median annual adjusted gross income for
424 households within the state, or 50 percent of the median annual
425 adjusted gross income for households within the metropolitan
426 statistical area (MSA) or, if not within an MSA, within the
427 county in which the person or family resides, whichever is
428 greater.
429 Section 7. Section 420.0006, Florida Statutes, is amended
430 to read:
431 420.0006 Authority to contract with corporation; contract
432 requirements; nonperformance.—The secretary of the department
433 shall contract, notwithstanding the provisions of part I of
434 chapter 287, with the Florida Housing Finance Corporation on a
435 multiyear basis to stimulate, provide, and foster affordable
436 housing in the state. The contract must incorporate the
437 performance measures required by s. 420.511 and must be
438 consistent with the provisions of the corporation’s strategic
439 plan prepared in accordance with s. 420.511 and compatible with
440 s. 216.0166. The contract must provide that, in the event the
441 corporation fails to comply with any of the performance measures
442 required by s. 420.511, the secretary shall notify the Governor
443 and shall refer the nonperformance to the department’s inspector
444 general for review and determination as to whether such failure
445 is due to forces beyond the corporation’s control or whether
446 such failure is due to inadequate management of the
447 corporation’s resources. Advances shall continue to be made
448 pursuant to s. 420.0005 during the pendency of the review by the
449 department’s inspector general. If such failure is due to
450 outside forces, it shall not be deemed a violation of the
451 contract. If such failure is due to inadequate management, the
452 department’s inspector general shall provide recommendations
453 regarding solutions. The Governor is authorized to resolve any
454 differences of opinion with respect to performance under the
455 contract and may request that advances continue in the event of
456 a failure under the contract due to inadequate management. The
457 Chief Financial Officer shall approve the request absent a
458 finding by the Chief Financial Officer that continuing such
459 advances would adversely impact the state; however, in any event
460 the Chief Financial Officer shall provide advances sufficient to
461 meet the debt service requirements of the corporation and
462 sufficient to fund contracts committing funds from the State
463 Housing Trust Fund so long as such contracts are in accordance
464 with the laws of this state. The department inspector general
465 shall perform for the corporation the functions set forth in s.
466 20.055 and report to the secretary of the department. The
467 corporation shall be deemed an agency for the purposes of s.
468 20.055.
469 Section 8. Section 420.506, Florida Statutes, is amended to
470 read:
471 420.506 Executive director; agents and employees; inspector
472 general.—
473 (1) The appointment and removal of an executive director
474 shall be by the Secretary of Community Affairs, with the advice
475 and consent of the corporation’s board of directors. The
476 executive director shall employ legal and technical experts and
477 such other agents and employees, permanent and temporary, as the
478 corporation may require, and shall communicate with and provide
479 information to the Legislature with respect to the corporation’s
480 activities. The board is authorized, notwithstanding the
481 provisions of s. 216.262, to develop and implement rules
482 regarding the employment of employees of the corporation and
483 service providers, including legal counsel. The board of
484 directors of the corporation is entitled to establish travel
485 procedures and guidelines for employees of the corporation. The
486 executive director’s office and the corporation’s files and
487 records must be located in Leon County.
488 (2) The appointment and removal of an inspector general
489 shall be by the executive director, with the advice and consent
490 of the corporation’s board of directors. The corporation’s
491 inspector general shall perform for the corporation the
492 functions set forth in s. 20.055. The inspector general shall
493 administratively report to the executive director. The inspector
494 general shall meet the minimum qualifications as set forth s.
495 20.055(4). The corporation may establish additional
496 qualifications deemed necessary by the board of directors to
497 meet the unique needs of the corporation. The inspector general
498 shall be responsible for coordinating the responsibilities set
499 forth in s. 420.0006.
500 Section 9. Paragraph (a) of subsection (22) and subsections
501 (33), (46), and (47) of section 420.507, Florida Statutes, are
502 amended to read:
503 420.507 Powers of the corporation.—The corporation shall
504 have all the powers necessary or convenient to carry out and
505 effectuate the purposes and provisions of this part, including
506 the following powers which are in addition to all other powers
507 granted by other provisions of this part:
508 (22) To develop and administer the State Apartment
509 Incentive Loan Program. In developing and administering that
510 program, the corporation may:
511 (a) Make first, second, and other subordinated mortgage
512 loans including variable or fixed rate loans subject to
513 contingent interest for all State Apartment Incentive Loans
514 provided in this chapter based upon available cash flow of the
515 projects. The corporation shall make loans exceeding 25 percent
516 of project cost only to nonprofit organizations and public
517 bodies that are able to secure grants, donations of land, or
518 contributions from other sources and to projects meeting the
519 criteria of subparagraph 1. Mortgage loans shall be made
520 available at the following rates of interest:
521 1. Zero to 3 percent interest for sponsors of projects that
522 set aside at least 80 percent of their total units for residents
523 qualifying as farmworkers, commercial fishing workers, or the
524 homeless as defined in s. 420.621, or persons with special needs
525 as defined in s. 420.0004(13) over the life of the loan.
526 2. Zero to 3 percent interest based on the pro rata share
527 of units set aside for homeless residents or persons with
528 special needs if the total of such units is less than 80 percent
529 of the units in the borrower’s project.
530 3. One to 9 percent interest for sponsors of projects
531 targeted at populations other than farmworkers, commercial
532 fishing workers, or the homeless, or persons with special needs.
533 (33) To receive federal funding in connection with the
534 corporation’s programs directly from the Federal Government and
535 to receive federal funds for which no corresponding program has
536 been created in statute and establish selection criteria for
537 such funds by request for proposals or other competitive
538 solicitation.
539 (46) To require, as a condition of financing a multifamily
540 rental project, that an agreement be recorded in the official
541 records of the county where the real property is located, which
542 requires that the project be used for housing defined as
543 affordable in s. 420.0004(3) by persons defined in s.
544 420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
545 agreement is a state land use regulation that limits the highest
546 and best use of the property within the meaning of s.
547 193.011(2).
548 (47) To provide by rule in connection with any corporation
549 competitive program, criteria establishing a preference for
550 developers and general contractors who are either domiciled in
551 this state or who, and for developers and general contractors,
552 regardless of domicile, who have substantial experience in
553 developing or building affordable housing through the
554 corporation’s programs, in the case of developers, or in
555 building multifamily housing, in the case of general
556 contractors.
557 (a) In evaluating whether developers and general
558 contractors are a developer or general contractor is domiciled
559 in this state, the corporation shall consider whether the
560 developer’s and or general contractor’s principal office is
561 located in this state and whether a majority of the developer’s
562 and or general contractor’s principals and financial
563 beneficiaries having a 50 percent or more financial interest in
564 a project reside in Florida.
565 (b) In evaluating whether developers have a developer or
566 general contractor has substantial experience, the corporation
567 shall consider whether the developer or general contractor has
568 completed at least five developments since 2003 using funds
569 either provided by or administered by the corporation. For
570 purposes of this subsection, the term “completed” means the date
571 of the IRS Form 8609 for buildings containing a majority of the
572 units in developments involving federal low-income housing tax
573 credits. In evaluating whether a general contractor has
574 substantial experience, the corporation shall consider whether
575 the general contractor has received a final certificate of
576 occupancy in connection with at least five multifamily housing
577 developments since 2003.
578 (c) The corporation shall adopt rules applying the criteria
579 to its competitive programs before the opening of the next
580 Universal Application Cycle following July 1, 2010. However, the
581 rules do not apply to projects that have received an allocation
582 of HOPE VI Program funding from the United States Department of
583 Housing and Urban Development, if such projects were the subject
584 of a contract between a local housing authority and a
585 development partner prior to July 1, 2010, and such projects are
586 subject to time limits for use of the HOPE VI Program funds.
587 Section 10. Subsection (3) and paragraph (c) of subsection
588 (6) of section 420.5087, Florida Statutes, are amended to read:
589 420.5087 State Apartment Incentive Loan Program.—There is
590 hereby created the State Apartment Incentive Loan Program for
591 the purpose of providing first, second, or other subordinated
592 mortgage loans or loan guarantees to sponsors, including for
593 profit, nonprofit, and public entities, to provide housing
594 affordable to very-low-income persons.
595 (3) During the first 6 months of loan or loan guarantee
596 availability, program funds shall be reserved for use by
597 sponsors who provide the housing set-aside required in
598 subsection (2) for the tenant groups designated in this
599 subsection. The reservation of funds to each of these groups
600 shall be determined using the most recent statewide very-low
601 income rental housing market study available at the time of
602 publication of each notice of fund availability required by
603 paragraph (6)(b). The reservation of funds within each notice of
604 fund availability to the tenant groups in paragraphs (a), (b),
605 and (e) (d) may not be less than 10 percent of the funds
606 available at that time. Any increase in funding required to
607 reach the 10-percent minimum must be taken from the tenant group
608 that has the largest reservation. The reservation of funds
609 within each notice of fund availability to the tenant group in
610 paragraph (c) may not be less than 5 percent of the funds
611 available at that time. The reservation of funds within each
612 notice of fund availability to the tenant group in paragraph (d)
613 may not be more than 10 percent of the funds available at that
614 time. The tenant groups are:
615 (a) Commercial fishing workers and farmworkers;
616 (b) Families;
617 (c) Persons who are homeless;
618 (d) Persons with special needs; and
619 (e)(d) Elderly persons. Ten percent of the amount reserved
620 for the elderly shall be reserved to provide loans to sponsors
621 of housing for the elderly for the purpose of making building
622 preservation, health, or sanitation repairs or improvements
623 which are required by federal, state, or local regulation or
624 code, or lifesafety or security-related repairs or improvements
625 to such housing. Such a loan may not exceed $750,000 per housing
626 community for the elderly. In order to receive the loan, the
627 sponsor of the housing community must make a commitment to match
628 at least 5 percent of the loan amount to pay the cost of such
629 repair or improvement. The corporation shall establish the rate
630 of interest on the loan, which may not exceed 3 percent, and the
631 term of the loan, which may not exceed 15 years; however, if the
632 lien of the corporation’s encumbrance is subordinate to the lien
633 of another mortgagee, then the term may be made coterminous with
634 the longest term of the superior lien. The term of the loan
635 shall be based on a credit analysis of the applicant. The
636 corporation may forgive indebtedness for a share of the loan
637 attributable to the units in a project reserved for extremely
638 low-income elderly by nonprofit organizations, as defined in s.
639 420.0004(5), where the project has provided affordable housing
640 to the elderly for 15 years or more. The corporation shall
641 establish, by rule, the procedure and criteria for receiving,
642 evaluating, and competitively ranking all applications for loans
643 under this paragraph. A loan application must include evidence
644 of the first mortgagee’s having reviewed and approved the
645 sponsor’s intent to apply for a loan. A nonprofit organization
646 or sponsor may not use the proceeds of the loan to pay for
647 administrative costs, routine maintenance, or new construction.
648 (6) On all state apartment incentive loans, except loans
649 made to housing communities for the elderly to provide for
650 lifesafety, building preservation, health, sanitation, or
651 security-related repairs or improvements, the following
652 provisions shall apply:
653 (c) The corporation shall provide by rule for the
654 establishment of a review committee composed of the department
655 and corporation staff and shall establish by rule a scoring
656 system for evaluation and competitive ranking of applications
657 submitted in this program, including, but not limited to, the
658 following criteria:
659 1. Tenant income and demographic targeting objectives of
660 the corporation.
661 2. Targeting objectives of the corporation which will
662 ensure an equitable distribution of loans between rural and
663 urban areas.
664 3. Sponsor’s agreement to reserve the units for persons or
665 families who have incomes below 50 percent of the state or local
666 median income, whichever is higher, for a time period to exceed
667 the minimum required by federal law or the provisions of this
668 part.
669 4. Sponsor’s agreement to reserve more than:
670 a. Twenty percent of the units in the project for persons
671 or families who have incomes that do not exceed 50 percent of
672 the state or local median income, whichever is higher; or
673 b. Forty percent of the units in the project for persons or
674 families who have incomes that do not exceed 60 percent of the
675 state or local median income, whichever is higher, without
676 requiring a greater amount of the loans as provided in this
677 section.
678 5. Provision for tenant counseling.
679 6. Sponsor’s agreement to accept rental assistance
680 certificates or vouchers as payment for rent.
681 7. Projects requiring the least amount of a state apartment
682 incentive loan compared to overall project cost except that the
683 share of the loan attributable to units serving extremely-low
684 income persons shall be excluded from this requirement.
685 8. Local government contributions and local government
686 comprehensive planning and activities that promote affordable
687 housing.
688 9. Project feasibility.
689 10. Economic viability of the project.
690 11. Commitment of first mortgage financing.
691 12. Sponsor’s prior experience, including whether the
692 developer and general contractor have substantial experience, as
693 provided in s. 420.507(47).
694 12.13. Sponsor’s ability to proceed with construction.
695 13.14. Projects that directly implement or assist welfare
696 to-work transitioning.
697 14.15. Projects that reserve units for extremely-low-income
698 persons.
699 15.16. Projects that include green building principles,
700 storm-resistant construction, or other elements that reduce
701 long-term costs relating to maintenance, utilities, or
702 insurance.
703 16.17. Domicile or substantial experience of the developer
704 and general contractor, as provided in s. 420.507(47).
705 17. Projects that reserve units for persons with special
706 needs, provided services for such persons are available to the
707 project.
708 Section 11. Paragraphs (d), (e), (f), and (g) of subsection
709 (2) of section 163.31771, Florida Statutes, are amended to read:
710 163.31771 Accessory dwelling units.—
711 (2) As used in this section, the term:
712 (d) “Low-income persons” has the same meaning as in s.
713 420.0004(11)(10).
714 (e) “Moderate-income persons” has the same meaning as in s.
715 420.0004(12)(11).
716 (f) “Very-low-income persons” has the same meaning as in s.
717 420.0004(17)(15).
718 (g) “Extremely-low-income persons” has the same meaning as
719 in s. 420.0004(9)(8).
720 Section 12. Paragraph (o) of subsection (5) of section
721 212.08, Florida Statutes, is amended to read:
722 212.08 Sales, rental, use, consumption, distribution, and
723 storage tax; specified exemptions.—The sale at retail, the
724 rental, the use, the consumption, the distribution, and the
725 storage to be used or consumed in this state of the following
726 are hereby specifically exempt from the tax imposed by this
727 chapter.
728 (5) EXEMPTIONS; ACCOUNT OF USE.—
729 (o) Building materials in redevelopment projects.—
730 1. As used in this paragraph, the term:
731 a. “Building materials” means tangible personal property
732 that becomes a component part of a housing project or a mixed
733 use project.
734 b. “Housing project” means the conversion of an existing
735 manufacturing or industrial building to housing units in an
736 urban high-crime area, enterprise zone, empowerment zone, Front
737 Porch Community, designated brownfield area, or urban infill
738 area and in which the developer agrees to set aside at least 20
739 percent of the housing units in the project for low-income and
740 moderate-income persons or the construction in a designated
741 brownfield area of affordable housing for persons described in
742 s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
743 159.603(7).
744 c. “Mixed-use project” means the conversion of an existing
745 manufacturing or industrial building to mixed-use units that
746 include artists’ studios, art and entertainment services, or
747 other compatible uses. A mixed-use project must be located in an
748 urban high-crime area, enterprise zone, empowerment zone, Front
749 Porch Community, designated brownfield area, or urban infill
750 area, and the developer must agree to set aside at least 20
751 percent of the square footage of the project for low-income and
752 moderate-income housing.
753 d. “Substantially completed” has the same meaning as
754 provided in s. 192.042(1).
755 2. Building materials used in the construction of a housing
756 project or mixed-use project are exempt from the tax imposed by
757 this chapter upon an affirmative showing to the satisfaction of
758 the department that the requirements of this paragraph have been
759 met. This exemption inures to the owner through a refund of
760 previously paid taxes. To receive this refund, the owner must
761 file an application under oath with the department which
762 includes:
763 a. The name and address of the owner.
764 b. The address and assessment roll parcel number of the
765 project for which a refund is sought.
766 c. A copy of the building permit issued for the project.
767 d. A certification by the local building code inspector
768 that the project is substantially completed.
769 e. A sworn statement, under penalty of perjury, from the
770 general contractor licensed in this state with whom the owner
771 contracted to construct the project, which statement lists the
772 building materials used in the construction of the project and
773 the actual cost thereof, and the amount of sales tax paid on
774 these materials. If a general contractor was not used, the owner
775 shall provide this information in a sworn statement, under
776 penalty of perjury. Copies of invoices evidencing payment of
777 sales tax must be attached to the sworn statement.
778 3. An application for a refund under this paragraph must be
779 submitted to the department within 6 months after the date the
780 project is deemed to be substantially completed by the local
781 building code inspector. Within 30 working days after receipt of
782 the application, the department shall determine if it meets the
783 requirements of this paragraph. A refund approved pursuant to
784 this paragraph shall be made within 30 days after formal
785 approval of the application by the department.
786 4. The department shall establish by rule an application
787 form and criteria for establishing eligibility for exemption
788 under this paragraph.
789 5. The exemption shall apply to purchases of materials on
790 or after July 1, 2000.
791 Section 13. Paragraphs (a) and (g) of subsection (2) of
792 section 215.5586, Florida Statutes, are amended to read:
793 215.5586 My Safe Florida Home Program.—There is established
794 within the Department of Financial Services the My Safe Florida
795 Home Program. The department shall provide fiscal
796 accountability, contract management, and strategic leadership
797 for the program, consistent with this section. This section does
798 not create an entitlement for property owners or obligate the
799 state in any way to fund the inspection or retrofitting of
800 residential property in this state. Implementation of this
801 program is subject to annual legislative appropriations. It is
802 the intent of the Legislature that the My Safe Florida Home
803 Program provide trained and certified inspectors to perform
804 inspections for owners of site-built, single-family, residential
805 properties and grants to eligible applicants as funding allows.
806 The program shall develop and implement a comprehensive and
807 coordinated approach for hurricane damage mitigation that may
808 include the following:
809 (2) MITIGATION GRANTS.—Financial grants shall be used to
810 encourage single-family, site-built, owner-occupied, residential
811 property owners to retrofit their properties to make them less
812 vulnerable to hurricane damage.
813 (a) For a homeowner to be eligible for a grant, the
814 following criteria must be met:
815 1. The homeowner must have been granted a homestead
816 exemption on the home under chapter 196.
817 2. The home must be a dwelling with an insured value of
818 $300,000 or less. Homeowners who are low-income persons, as
819 defined in s. 420.0004(11)(10), are exempt from this
820 requirement.
821 3. The home must have undergone an acceptable hurricane
822 mitigation inspection after May 1, 2007.
823 4. The home must be located in the “wind-borne debris
824 region” as that term is defined in s. 1609.2, International
825 Building Code (2006), or as subsequently amended.
826 5. The building permit application for initial construction
827 of the home must have been made before March 1, 2002.
828
829 An application for a grant must contain a signed or
830 electronically verified statement made under penalty of perjury
831 that the applicant has submitted only a single application and
832 must have attached documents demonstrating the applicant meets
833 the requirements of this paragraph.
834 (g) Low-income homeowners, as defined in s.
835 420.0004(11)(10), who otherwise meet the requirements of
836 paragraphs (a), (c), (e), and (f) are eligible for a grant of up
837 to $5,000 and are not required to provide a matching amount to
838 receive the grant. Additionally, for low-income homeowners,
839 grant funding may be used for repair to existing structures
840 leading to any of the mitigation improvements provided in
841 paragraph (e), limited to 20 percent of the grant value. The
842 program may accept a certification directly from a low-income
843 homeowner that the homeowner meets the requirements of s.
844 420.0004(11)(10) if the homeowner provides such certification in
845 a signed or electronically verified statement made under penalty
846 of perjury.
847 Section 14. Subsection (19) of section 420.503, Florida
848 Statutes, is amended to read:
849 420.503 Definitions.—As used in this part, the term:
850 (19) “Housing for the elderly” means, for purposes of s.
851 420.5087(3)(e)(d), any nonprofit housing community that is
852 financed by a mortgage loan made or insured by the United States
853 Department of Housing and Urban Development under s. 202, s. 202
854 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
855 National Housing Act, as amended, and that is subject to income
856 limitations established by the United States Department of
857 Housing and Urban Development, or any program funded by the
858 Rural Development Agency of the United States Department of
859 Agriculture and subject to income limitations established by the
860 United States Department of Agriculture. A project which
861 qualifies for an exemption under the Fair Housing Act as housing
862 for older persons as defined by s. 760.29(4) shall qualify as
863 housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
864 for purposes of any loans made pursuant to s. 420.508. In
865 addition, if the corporation adopts a qualified allocation plan
866 pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
867 other rules that prioritize projects targeting the elderly for
868 purposes of allocating tax credits pursuant to s. 420.5099 or
869 for purposes of the HOME program under s. 420.5089, a project
870 which qualifies for an exemption under the Fair Housing Act as
871 housing for older persons as defined by s. 760.29(4) shall
872 qualify as a project targeted for the elderly, if the project
873 satisfies the other requirements set forth in this part.
874 Section 15. (1) The Legislature finds that due to the
875 current economic conditions in the housing market there is a
876 critical need to rehabilitate or sell excess inventory of unsold
877 homes, including foreclosed homes and newly constructed homes,
878 as well as a critical need for the rehabilitation and
879 preservation of older, affordable apartments. The Legislature
880 further finds that there is a critical need to create housing
881 related jobs and that these conditions require the targeting of
882 state and local housing trust fund moneys to assist in the sale
883 or rehabilitation of existing homes and the preservation and
884 rehabilitation of older rental apartments.
885 (2) Notwithstanding ss. 420.507(22)(a) and (23)(a),
886 420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
887 (5)(b), Florida Statutes, funds from the State Housing Trust
888 Fund or the Local Government Housing Trust Fund which are
889 appropriated for use in the State Apartment Incentive Loan
890 Program, Florida Homeownership Assistance Program, Community
891 Workforce Housing Innovation Pilot Program, or the State Housing
892 Initiatives Partnership Program may not be used to:
893 (a) Finance or otherwise assist the construction or
894 purchase of housing sold to eligible individuals, unless the
895 housing unit being sold had an initial certificate of occupancy
896 prior to December 31, 2009; or
897 (b) Finance or otherwise assist in the construction or
898 purchase of rental housing, unless the development being
899 financed or assisted received its initial certificate of
900 occupancy prior to December 31, 1995.
901
902 Nothing in this section restricts the use of such funds to
903 assist with the purchase of newly constructed homes that were
904 completed prior to December 31, 2009, or the acquisition and
905 rehabilitation of apartments that received their initial
906 certificate of occupancy prior to December 31, 1995. The use of
907 such funds is subject to the restrictions of the program under
908 which the funding is made available.
909 (3) This section expires July 1, 2011.
910 Section 16. This act shall take effect July 1, 2010.
