Agenda 06/09/2006 W
Board of County Commissioners
Collier County Legislative Delegation
Post 2006 Legislative Session Workshop
Friday, June 9, 2006
3 - 5 p.m.
Menda
I. 2006 Legislative Session Summary
. J. Keith Arnold and Associates
II. Growth Management and Concurrency
. Representative J. Dudley Goodlette
III. Impact Fees
IV. Affordable Housing - House Bill 1363
. Representative Mike Davis
V. A Look Ahead at the 2007 Legislative Session
VI. Board of County Commissioners/Legislators
General Communications
. Jim Mudd, County Manager
VII. Questions and Answers
VIII. Adjourn
. Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Contact: Sandra Arnold-Lawson
Public Information Coordinator
(239) 774-8308
May 25, 2006
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
BOARD OF COUNTY COMMISSIONERS
POST 2006 LEGISLATIVE SESSION WORKSHOP
COLLIER COUNTY, FLORIDA
FRIDAY, JUNE 9, 2006
3-5 P.M.
Notice is hereby given that the Collier County Board of County Commissioners and the Collier County
A Legislative Delegation will hold ajoint Post 2006 Legislative Session Workshop on Friday, June 9 from
_ 3 to 5 p.m. in the Board of County Commissioners chambers, located on the third floor of the W. Hannon
Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples.
The agenda includes, but is not limited to, a summary of the 2006 Legislative Session, a review of growth
management and concurrency, impact fees, and affordable housing (House Bill 1363), as well as a preview of
the 2007 Legislative Session.
In regard to the public meeting:
All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing,
to the Board prior to the meeting. All registered public speakers will be limited to three minutes unless
permission for additional time is granted by the Chairman.
Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board
will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or
quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department.
e
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380;
assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office.
For more information, call Debbie Wight, assistant to the county manager, at 774-8383.
-End-
2006 Session Overview
The 2006 legislative session has come to an end with lawmakers addressing many
important issues facing Florida today and in the future. The (60) day session finished in a
flurry of negotiations and deal-making as usual. As time drew to a close, the legislature
struck a last minute deal to bailout Citizens Property, which proved to be elusive in the
remaining few weeks. Other major issues such as, joint & several liability reform were
passed easily, early in the process, however two ofthe Governor's priority issues, school
vouchers and the class size ballot initiative, were defeated in the Senate. A total of 386
out of the 2480 bills filed this session passed the full legislature and transmitted to the
Governor for consideration.
The 2006 legislature also found itself with a windfall of revenue after damage created by
the devastating hurricanes the past two years helped to fuel a construction boom in the
state. The $73.9 billion budget provides general revenue funds to replace non-recurring
funds used to fund recurring programs and to fund deficits in various areas created by
previous years' shortfalls. Significant increases in education, certain health & human
services reimbursement rates, juvenile justice, and affordable housing were a few of the
areas which benefited from this year's budget.
Below is a general overview of major legislation passed this year and budget highlights
from the appropriations act, which is currently awaiting the Governor's veto messages.
Affordable Housing
Lawmakers approved a $514 million affordable housing package that includes $243
million in recurring revenue. It creates a $50 million program to provide housing to
critical public servants in high-cost areas of the state. Also included is a one-time award
of $93 million in hurricane-related rental assistance and technical support and $15 million
for farm worker housing.
The plan also earmarks $30 million to assist residents making less than 30 percent of
local median income, a threefold increase over last year.
Lawmakers also added a $250 million program to hurricane-proof mobile and older
homes, bringing the total package to more than $770 million.
Eminent Domain
Lawmakers sent the governor an eminent domain package to restrict the ability of local
governments to condemn private property for economic development. Responding to
U.S. Supreme Court ruling, lawmakers crafted a proposed constitutional amendment.
Property Insurance Reform
Under the agreed to plan, rate setting for all Citizens policies based on the same 100-year
storm cycle used by nearly the entire private insurance industry, will be phased in over
several years to help offset the anticipated 45% rate hike in premiums.
Owners of second or vacation homes, as well as owners of $ I-million homes that must
rely on Citizens, the state-backed insurer, will face a surcharge on annual Citizens
premiums but also higher assessments when the company faces a deficit.
Plus, the proposal will prohibit coverage of $ I-million homes in Citizens windstorm pool
in the future, around 2008. Also removed from the final bill, was a plan pushed by the
Governor to mail a $140 check to each homesteaded Florida property owner.
The $715-million will reduce Citizens' deficit from the 2005 hurricanes to roughly $1-
billion, an amount that will be assessed on all Florida property insurance policy holders.
But homeowners won't face that full assessment on their 2007 insurance bill. Under the
bill, the $ I-billion assessment would be spread over the next 10 years.
Education
The governor pushed for and received from the legislature a sweeping change of
curriculums in Florida's middle and high schools, including a unique provision requiring
high-school students to select major and minor subjects as college students do. A $5
billion surplus enabled legislators to raise spending for public schools by $1.8 billion, 8.6
percent per-student increase. The A++ plan will prevent school districts from starting the
school year earlier than 14 days before Labor Day
The Class-size amendment which would have made the class size limits a district-wide
average failed to pass in the Senate.
Another one of Governor Bush's priorities also failed to pass the legislature this session.
The Supreme Court found school vouchers to be unconstitutional earlier this year,
prompting Gov. Bush to lead an effort to place the question of vouchers before the public
on a ballot this November. However, the bill went down in a surprising defeat for the
Governor in the Senate.
Election Reform
Originally intended to clamp down on lavish trips, meals and other perks paid for by
special interest groups, House and Senate negotiators rolled out a compromise Friday
morning that House members from both parties quickly denounced as a meek answer to a
growing political addiction to easily raised soft money.
The amended bill omits a $500 limit on contributions to politicians' largely unregulated
soft money committees, however rather than limiting soft money contributions and
expenditures, the bill would require third-party groups to more frequently and publicly
disclose where their money comes from and how they use it.
Tax Cuts
About $300-million, including repeal of the intangibles tax on stocks and savings; a nine-
day back-to-school sales tax holiday and 12-day holiday for hurricane related supplies are
permanent, among other cuts.
The much publisized alcohol surcharge assessed to bars and restaurants will be phased
out, but not until next year.
Environment/Growth Management
After weeks of intense negotiations the Legislature approved the $310 million purchase
of Babcock Ranch in Southwest Florida with guidelines for management practices for the
operational ranch and agricultural activities on the land. As part of a state energy plan, an
independent commission to advise lawmakers on energy policy and reward residents for
purchasing energy efficient products was created by the legislature. In addition the bill
makes it easier for nuclear plant siting and zoning in the state.
A bill dealing with devclopments of rcgional impacts (DRl) was passcd by the legislaturc
which among othcr itcms, removes watcrport & marina developmcnts from dcvelopmcnt-
of-rcgional-impact rcview and providcs additional exemptions from DRI revicw. The bill
also increases the percentages and thresholds that trigger DRI review by approximately
10 percent for proposed changes to a previously approved development
Economic Development
This bill creates the Innovation Incentive Program for the purpose of providing resources
for significant economic development projects, including the location or expansion of
research and development entities and innovation businesses in Florida.
The bill appropriates $200 million from the General Revenue Fund to the Economic
Development Trust Fund within the Office of Tourism, Trade, and Economic
Development (OTTED) for the Innovation Incentive Program for FY 2006-2007.
Tort Reform
Joint and Several Liability repeal was passed early in the session and has been signed into
law making defendants responsible for their proportion of fault in economic damage
awards. Under joint & several liability, plaintiffs were allowed to hold defendants
responsible for economic damage awards of up to $2 million more than their
proportionate share of fault. So, if one defendant has "deep pockets" a plaintiff could
recover all damages awarded from that one defendant no matter what percentage
responsible the jury may find them.
State Agency Sunset
Florida legislators sent Gov. Jeb Bush a bill Friday intended to abolish every state agency
on an eight-year cycle. The bill (HB 1123) creates a 12-member 'Legislative Sunset
Advisory Committee' that would review agencies on an eight-year cycle. The panel
would make recommendations to the Legislature for retention, alteration or abolition of
agencies. If an agency was not reauthorized, it would be abolished.
The bill also requires the House and Senate to consult the sunset-advisory council before
considering legislation creating any new agencies and allows earlier review of an agency
if the House or Senate wants to reorganize or do away with it.
Budget Overview
In part because of the construction boom created by the devastating hurricane seasons of
2005 and 2005, the legislature passed a record $73.9 billion budget for FY 2006-07. The
budget provides for significant increases in education, justice, healthcare, and
environmental areas, and sets aside $1.5 billion in reserves for future expected
downturns.
Education
The operating portion of the education budget appropriates $19.1 billion, a 6.9 percent
increase over current appropriations. General revenue spending of $14.1 billion in this
portion ofthe budget is 5.5 percent higher than FY 2005-06.
· An $8.6 million increase for the Florida Resident Access Grant (FRAG)
program to provide for anticipated enrollment growth and to increase the
award level to $3,000 per student.
Health & Human Services
Medicaid Price Level and Workload - $469.9 million - Provides increased funds for
Medicaid workload because of changes in caseloads and utilization of services and price
level increases in reimbursement rates for institutional facilities, rural health clinics,
federally qualified health centers, county health departments, prescription drugs, and
other services. The Medicaid caseload for FY 2006-07 is projected to be 2.3 million
people.
· Nursing Home Staffing Ratio Increase - ($42.3) million - Revised the nursing
home staffing ratio to an average of 2.9 hours of direct care per patient per day
measured on a weekly basis. Includes a minimum daily staffing requirement
of 2.7 hours of direct care per patient per day.
· Restore Prior Year Nursing Home Rate Reductions - $25.8 million - Restores
the nursing home reimbursement rate reductions that were taken during FY
2005-06.
· Nursing Home Rate Increase - $65.5 million - Adjusts the nursing home
reimbursement methodology to remove or adjust certain limitations currently
affecting reimbursement to nursing home providers.
· Hospital Fixed Cost Reimbursement Increase - $10.9 million - Provides funds
to adjust the fixed cost reimbursement component in hospital inpatient
reimbursement rates from 80 to 85 percent of Medicaid fixed cost.
· Infrastructure Deficiencies - $77.0 million - Provides general revenue funds to
replace non-recurring funds used to fund recurring programs and to fund
deficits in the following areas:
o Alcohol Drug Abuse and Mental Health Block Grant - $1.4 million
o Psychotropic Drugs in state mental health institutions - $5.5 million
o Electronic Benefit Transfer (EBT) - $3.5 million
o Trust fund shortfall in various programs - $34.6 million
o T ANF Block Grant - $20.6 million
o Mental Health services - $5.0 million
o Independent Living Pro gram - $1.1 million
o Child Welfare Services - $5.3 million
· Mental Health Equity - $10.0 million - Provides additional funding to achieve
a more equitable distribution of mental health resources among service
providers.
· Substance Abuse Equity - $11.8 million - Provides funding to serve 3,390
additional adults and 637 additional children. The allocation of this increase
will achieve a more equitable funding distribution among substance abuse
providers.
Justice
· Provides $2 million to increase mental health services in the Department of
Corrections.
· Provides $21 million to fund a price level increase for private providers in the
Department of Juvenile Justice.
General Government
· Beach Restoration - $65 million to restore and protect the state's beaches on
both the Gulf and Atlantic coasts. The state funding is matched with $137.5
million in federal and local funds.
· Water Projects - $360.7 million for statewide water restoration and
wastewater projects. This includes $215 million for water projects that restore
and protect our lakes, rivers, bays and lagoons; provides assistance to
disadvantaged communities for wastewater needs; $20 million for wastewater
projects in the Florida Keys; $25 million for the restoration of Lake
Okeechobee; and $100 million for the Water Protection and Sustainability
program.
· Florida Forever - $300 million cash for land acquisition and conservation of
our unique natural resources.
· Everglades Restoration - $135 million cash for the Comprehensive Everglades
Restoration Plan (CERP).
· Drinking and Wastewater Revolving Loan Programs - $13.5 million which
generates $5 to $1 in Federal Match. The programs provide over $100 million
a year in low interest loans to local governments for building safe drinking
water and wastewater facilities.
· Red Tide - $3 million additional funds for implementing strategies for control
of the Florida red tide and the impacts on our natural resources and economy.
· Florida Recreational Development Assistance Program (FRDAP) - $30.3
million for grants to local governments for constructing baseball fields, bike
paths, and playgrounds for public outdoor recreation.
Transportation and Economic Development Appropriations
· Historic Preservation Fixed Capital Outlay Grants - $14.1 million to fund 49
of the recommended projects.
· Historic Museum and Historic Preservation Operating Grants - $3.75 million.
· Cultural Facilities Fixed Capital Outlay Grants - $14.5 million to fund all 36
eligible projects.
· Arts and Cultural Program Operating Grants (nine separate grant programs) _
$11.8 million.
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· Library Construction Grants - $7.2 million to fund 15 ofthe 19 requested
grants (funded one per county or municipality that requested projects).
· Cultural Endowment Grants - $4.6 million to fund 20 ofthe 32 requested
grants.
· Hurricane Shelters and Emergency Operations Centers funded with $25.3
million.
· $7 million for the Residential Construction Mitigation program and $8.2
million for the Pre-disaster Mitigation Program.
· $1.05 billion in hurricane-related recovery funds.
· $514 million for Housing Programs, including:
o State affordable housing program - $70.5 million;
o Local affordable housing program (SHIP) - $172.5 million. [ $70.5 State +
$172.5 Local = $243m}
o Rental Recovery Loan Program - $92.9
o Affordable housing for communities impacted by hurricanes - $82.9 million
o Community Workforce Housing Innovation Pilot Program - $50 million.
o Housing for the extremely-low-income persons - $30 million.
o Farmworker Housing Recovery Program - $15 million.
· Florida Communities Trust Program - $66 million.
· Department of Transportation Work Program Total- $8.2 billion.
· Economic Incentives Programs - $28.8 million for the QTI, QDC,
Brownfields, and other economic development programs.
2006 Collier County Legislative Priorities
Session began with a flurry of bills that may have had adverse impacts on Collier County's
autonomy when planning for growth, development, impact fees and overall ability to control
revenues relating to future growth. Despite the numerous proposals, only a few bills passed that
directly concentrate on the aforementioned growth, development, and impact fee issues.
Fortunately, counties survived this legislative session without some of the more devastating
attempts to usurp county authority.
J. Keith Arnold & Associates ("JKA"), Florida Association of Counties ("F AC") and others
worked throughout this session to monitor, amend and in some cases kill legislation on behalf of
Collier County. Most notably legislation involving DRI reform, impact fees, portability, and
homestead assessments required diligent attention from day one to day sixty ofthe 2006
legislative session.
Growth Mana2:ement
Last year the legislature passed landmark legislation in SB 360, changing Florida's and the
counties approach to growth management and concurrency management for the construction of
schools, infrastructure and water resources. This year saw attempts to correct what has been
termed as glitches in last year's SB 360.
HB 7253 & HB 7167 authored by the House Growth Management Committee were two vehicles
that were to be used to address growth management issues this year. JKA closely monitored the
progress ofthese bills as they progressed in the legislative process to ensure that harmful
language was not inserted. The House made repeated attempts to pass this legislation; however,
the Senate position was to not make any significant changes to the SB 360 until the state had an
opportunity to see how the law would work as previously passed. These bills died on the
calendar.
However, significant reform was passed in HB 683 reforming the DRI process. Several attempts
were made during the process to add unfriendly language adverse to the County to the DRI
reform bills (SB 1020 was the Senate companion). JKA worked with our strategic partners and
the bill sponsors to limit and negate the impacts for Collier County.
HB 905/SB 1862 Transportation Concurrency:
HB 905 was Temporarily Postponed in the State Infrastructure Council in the waning days of the
legislative session. By procedural rule the bill was not heard on the floor as the State
Infrastructure Council did not meet again before the end of session.
SB 1862 was ensnared in the Senate Transportation Committee during the final days of session
despite efforts to have the bill withdrawn from committee.
The Collier County glitch bill received tremendous resistance from the Department of
Community Affairs. DCA expressed only minor concerns early with HB 905 & SB 1862, but
during the closing days of session put up considerable resistance to the language in HB 905 and
this contributed largely to the bills being held up in their final committees of reference.
HB 683 - Growth Management by Rep. Traviesa and others (CS/CS/SB 1020 by
Environmental Preservation Committee; Community Affairs Committee; and Senator Bennett)
This bill allows a separate legal or administrative entity that administers an interlocal agreement
under s. 163.01(7), F.S., for which the parties are located in multiple counties, to file the
agreement and any amendments thereto with the clerk of the circuit court in the county where the
legal or administrative entity maintains its principal place of business.
The bill encourages a local government that has a coastal management element in its
comprehensive plan to adopt recreational surface water use policies. These policies should
include criteria for and consider factors such as natural resources, manatee protection needs,
protection of working waterfronts and public access, and recreation and economic demands. The
criteria for manatee protection should reflect the applicable guidance in the Boat Facility Siting
Guide prepared by the Fish and Wildlife Conservation Commission. If a local government elects
to adopt recreational surface water policies into its comprehensive plan, the plan amendment is
exempt from the limitation on the frequency of amendments. The bill also provides that local
governments adopting recreational surface water policies may be eligible for assistance with the
development of such policies through the Florida Coastal Management Program. The Office of
Program Policy Analysis and Government Accountability is required to submit a report on the
adoption of recreational surface water policies to the Legislature by December 1, 2010.
Under this bill, a local ordinance designating the type and location of working waterfront
properties eligible for tax deferrals must also designate the percentage or amount of the deferral.
Also, public lodging establishments are to be included as eligible for tax deferrals and the
ordinance must specify which type of public lodging.
This bill allows a property owner having real property located within the boundaries of a
community development district (CDD) and a special road and bridge district to select the CDD
to provide road and drainage improvements to the property. It provides criteria and a process for
removing the real property from the special road and bridge district. The governing body of the
special road and bridge district is authorized to file a written objection regarding the proposed
withdrawal of the property from the district within a specified time period.
The bill creates a dry storage facility permitting program. This program, to be implemented by
the Department of Environmental Protection and the water management districts, applies to the
construction, alteration, operation, maintenance, abandonment, or removal of a dry storage
facility for 10 or more vessels that is functionally associated with a boat launching area. The
applicant for a permit must provide reasonable assurance that the secondary impacts from the
facility will not cause adverse impacts to wetlands, surface waters, or manatees. The Department
of Environmental Protection and the water management districts retain their authority to regulate
these secondary impacts as part of other regulated activities under ch. 373, part IV, F.S.
In addition, the bill allows a local government or the developer to request the state land planning
agency to make an informal determination as to whether a development of regional impact (DRI)
meets the criteria to be "essentially built out." It replaces the term "termination date" with
"buildout date." It provides additional criteria for a local government to issue a development
permit subsequent to the buildout date in the development order. The bill specifies when the
single-family portions of a development may be considered essentially built out.
This bill provides additional exemptions from DRI review and increases the percentages and
thresholds that trigger DRI review by approximately 10 percent for proposed changes to a
previously approved development. It allows for an increase in residential units without going
through DRI review if the proposed increase is below the statutory threshold and a specified
percentage of those units are dedicated to affordable housing.
The bill revises the substantial deviation numerical standards to include certain types of
development as eligible for a 100- percent or 50-percent increase in the standards for projects
located in specific areas. It makes technical changes to the provision governing an extension of
the buildout date.
Also, this bill provides a process for certain changes that otherwise would go through a notice of
proposed change. An increase in residential units for a project does not constitute a substantial
deviation that requires additional DRI review if all ofthe units are dedicated to affordable
housing and the increase does not exceed 200 percent of the substantial deviation threshold. This
bill revises existing statutory exemptions and provides new exemptions from the DRI review
process.
The bill provides for a 12-month period during which a local government may negotiate a
binding agreement with impacted jurisdictions to address transportation impacts in order to enjoy
an exemption from DRI review for projects located within an urban service boundary, a
designated urban infill and redevelopment area, or a rural land stewardship area. In the absence
of an agreement or at the option of the local government, the DRI review may proceed but will
address transportation impacts only. It provides for an increase in the applicable residential
development guidelines and standards and the thresholds for substantial deviations for residential
development if a specified percentage of those units are dedicated to workforce housing.
Under this bill, the state land planning agency may raise consistency with the local
comprehensive plan as part of its appeal to the Florida Land and Water Adjudicatory
Commission (FLWAC). However, if a challenge is filed under s. 163.3215, F.S., then the state
land planning agency must intervene in that pending proceeding and raise its consistency issues
within 30 days after being served with notice of the challenge. Also, the state land planning
agency must dismiss the consistency issues from its development-order appeal to FL WAC.
The process for abandoning a DRI development order is amended to require a local government
to rescind a DRI at the request ofthe developer or landowner if all the required mitigation has
been completed proportionate to the amount of development existing on the proposed date of
rescission. Finally, the bill also provides for a limitation to an existing exemption for the
construction of private docks and seawalls in artificially created waterways.
rfapproved by the Governor, these provisions take effect July 1,2006.
Vote: Senate 38-0; House 111-6
HB 1015 - Agricultural Economic Development by Rep. Pickens and others (CS/CS/CS
SB 1880 Environmental Preservation Committee; Community Affairs Committee; Agriculture
Committee; and Senator Argenziano)
This bill amends s. 70.001, F.S., to reduce the time period from 180 days to 90 days for certain
procedural actions in a claim by an owner of property classified as agriculture seeking
compensation due to the property being subjected to an inordinate burden by government action
or inaction.
This bill amends ss. 163.3162 and 163.3164, F.S., to create an agricultural enclave classification
and to provide a rebuttable presumption that an application by an owner of an agricultural
enclave to amend a local government comprehensive plan is consistent with rule 9J-5.006(5),
Florida Administrative Code. An agricultural enclave is generally a land parcel up to 1,280 acres
in size, with public services available, that has been in bona fide agriculture for 5 years, and
which is owned by a person or entity and is surrounded on its perimeter by a least 75 percent
property that has existing industrial, commercial, or residential development. The parcel size can
be as much as 4,480 acres if the build out of the surrounding property results in a density of at
least 1,000 residents per square mile.
The bill amends s. 295.047, F.S., to facilitate the continuation of agricultural usage on property
acquired for conservation or recreation purposes with an existing agricultural lease. The bill
amends ss. 373.0361,373.236, and 373.407, F.S., to assist agricultural landowners in obtaining
use permits. It also requires the Department of Agriculture and Consumer Services (DACS) and
water management districts to enter into a Memorandum of Agreement regarding the processing
of exemptions for agricultural water usage.
The bill amends s. 601.992, F.S., to provide that association dues collected by the Florida
Department of Citrus may also be collected by the DACS and it provides rulemaking authority to
accomplish this objective.
rf approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 38-0; House 116-0
CS/CS/SB 1112 - Development Permits/Denial by Governmental Oversight and
Productivity Committee; Community Affairs Committee; and Senator Bennett
This bill requires a local government to provide an applicant with written notice of the denial of
an application for a development permit. The notice must include a citation to the applicable
portions of an ordinance, rule, statute, or other legal authority for the denial ofthe permit. The
bill defines the term "development permit."
e
If approved by the Governor, these provisions take effect October 1, 2006.
Vote: Senate 39-0; House 118-0
Impact Fee Reform:
The passage ofSB 360 last year mandated the creation of the Impact Fee Task Force which was
to study the statewide use of impact fees and make recommendations to this year's legislature.
The Task Force, chaired by former Jacksonville Mayor John Delaney, compiled a series of
recommendations that were presented to the legislature February 1, 2006.
HB 1431 & SB 1196 were the vehicles for advancing these recommendations. However,
attempts were made during the session to alter these bills in a manner that would negatively
impact Lee and other counties that utilize impact fees, in particular, hostile amendments were
made to HB1431. HB 1431 died in the House State Infrastructure Council & SB 1196 passed the
Senate Chamber but also died in the House State Infrastructure Council.
However, the most benign of the Task Force's recommendations were amended onto SB 1194.
JKA, F AC and other stakeholders carefully monitored the progress of this bill to guarantee Lee
County maintained an independent ability to levy impact fees. SB 1196 codifies certain
provisions relating to the imposition of impact fees by local governments. It provides legislative
findings and intent relating to the adoption of a local ordinance levying an impact fee. The bill
e stipulates that such an ordinance must, at a minimum:
· Require that the calculation of the impact fee be based on the most recent and localized data;
· Provide for accounting and reporting of impact fee collections and expenditures;
· Limit administrative charges for the collection of impact fees to actual costs; and
· Require that notice be provided at least 90 days before the effective date of a new or amended
impact fee.
This bill also requires that audits of financial statements of local governments and school
districts include an affidavit signed by the chief financial officer of the local government or
school board stating that the entity has complied with s. 163.31801, F.S., relating to impact fee
ordinances.
Water Glitch Bill (SB 444)
There was not a bill filed which specifically addressed water glitches to 5B 444.
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Gas Tax IndexiDl!
JKA discussed legislation for the 2006 legislative session for the indexing of the local option gas
tax with last years' sponsors. The decision was made by last years' sponsors not to file the
indexing bill this session because of the opposition of legislative leadership.
However, a related bill, SB 2632 Motor Vehicle Lease/Surcharge, was filed that provided for
imposition by countywide referendum of additional surcharge on lease or rental of motor
vehicles; provided proceeds of surcharge to be deposited in Local Option Fuel Tax Trust Fund &
used for construction & maintenance of state roads. The bill died on the Senate calendar.
JKA worked with parties from the South Florida Regional Transportation Authority as well as
the Majority Office and other counties to include the optional surcharge in a larger transportation
bill, SB 1350 that passed on the last day of session. The surcharge was a priority for Majority
Leader Gardiner and adds an additional tool for counties to address transportation issues.
CS/SB 1350 - Department of Transportation by Transportation and Economic
Development Appropriations Committee and Senator Sebesta
This bill makes a number of changes to certain Florida Department of Transportation (FDOT)
administrative functions and funding provisions. The bill:
The bill authorizes counties to impose an additional $2 per day surcharge on the lease or rental of
motor vehicles designed to carry fewer than nine passengers, regardless of whether the vehicle is
licensed in this state. The surcharge may only apply to the first 30 days of each lease or rental.
The surcharge does not apply to a person renting a vehicle while their own vehicle is being
repaired. Imposition ofthe surcharge is subject to approval via a countywide referendum.
Proceeds of the local option rental car surcharge must be deposited in the Local Option Fuel Tax
Trust Fund and be used for transportation facilities. The Department of Revenue is authorized to
distribute proceeds from the surcharge directly to those counties imposing the surcharge that
have entered into interlocal funding agreements with regional transportation authorities.
If approved by the Governor, these provisions take effect July 1,2006.
Vote: Senate 34-4; House 103-14
Partial-Year Assessments
There was nothing filed in Tallahassee this session on partial-year assessments because of the tax
implications perceived by the legislature. The legislature, in compromise language in HB 7109,
agreed to study the state property tax structure this year.
DJJ Cost Shift and Quarterlv Reconciliations
Sen. Carlton's State Financial Matters bill, SB 2548 passed the legislature. This bill contains
the Article V Local Maintenance of Effort glitch language supported by counties. The bill
contains a fix to the Article V Local Maintenance of Effort. The legislation retroactively
removes potential Department of Revenue (DOR) withholding of the county revenue sharing
program in the amount of $22 million for current and past county fiscal years re: court funding
obligations. The bill removes the DOR budget reporting requirement. Instead, the currently
required Department of Financial Services (DFS) report based on county court expenditures is
utilized. The bill also authorizes DFS to withhold revenue sharing in funding below the
statutorily required 1.5% spending increase. The previous "base year" budgeted amounts
formula is removed in favor of comparing FY 2005-2006 expenditure reports to those ofFY
2004-2005 to be held to 1.5% maintenance of effort. The bill establishes a legislative
determination process before any county revenue sharing withholdings would take place, instead
of the automatic withholding that DOR currently may use. Any withholdings are brought before
the Senate President and House Speaker under the bill. Guidelines are provided, such as non-
recurring facilities spending, technology innovations and other BOCC actions resulting in court
spending efficiencies must be considered before any withholdings could be implemented.
Clerk of Court Fee
Bills, HB 7235 and SB 2924/1458, which contained the provision re-directing the clerk of court
fee of$ 2 to a technology council headed up by the chief judge in each circuit, died in Senate
messages the last week of session. This would have redirected the fee, which counties currently
receive to offset costs for court technology, to a "technology council" directed by the chief
judges of each circuit.
Beach Access
The House of Representatives released an interim report on the issue of public beach access in
Florida back in January. The report studied the status of public beach access in Florida. The
report included the following policy options:
· Maintain status quo. Beach access is a local issue and should remain local as each
community differs.
· Appropriate funds periodically (every 10 years) to perform a physical inventory of
beach access points
· Fund a statewide campaign to educate visitors of the public nature of our shoreline
· Create legislation prohibiting any person from blocking existing beach access, absent
a permit from the proper authority.
The legislature adopted the 1st policy option from the study, deciding that beach access should
remain a local issue. As a result, no legislation moved this session regarding the Beach
Access issue.
Affordable Housin!!
The 2006 legislative session marked a monumental effort to address the affordable housing crisis
in Florida. The legislature's efforts culminated in HB 1363 which implements numerous
revisions to Florida's affordable housing programs, and addresses a number of related land use
and regulatory issues. JKA engaged key personnel from the Florida Housing Finance
Corporation for assurances that language limiting the flexibility ofFHFC to grant multiple
affordable housing projects in a county under the provisions of bill was removed from HB 1363.
The major provisions of the bill are summarized below.
Fortunately, the crisis in housing prevented any discussion of raiding the Sadowski Affordable
Housing Trust. The real debate centered around removing the cap on the funds distributed by the
Sadowski Trust Fund estimated to have $939.5 million in the coffers. In conjunction with many
other interested parties from around the state, JKA encouraged our delegation to support
removing the cap on these funds. The interested parties were not able to come to an agreement
on the Sadowski cap and therefore the final legislation maintained the cap, leaving over $512
million in the fund not appropriated.
HB 1363 - Affordable Housing by Rep. M. Davis and others (CS/CS/SB 132 by
Transportation and Economic Development Appropriations Committee; Community Affairs
Committee; and Senators Bennett, Clary, Fasano, Smith, Atwater, and Klein)
Use of Surplus Lands for Affordable Housing
The bill requires each county and municipality to prepare an inventory list of all real property
held in fee simple by the county within its jurisdiction. The list is to be prepared by July I, 2007,
and each three years thereafter. The bill requires the county governing body to review the list at a
public hearing and provides that it may be revised at the conclusion of the meeting. The
governing body must adopt a resolution that includes the inventory following the meeting.
Properties identified as appropriate for affordable housing may be offered for sale and the
proceeds may be used to:
· Purchase land for the development of affordable housing;
· Increase the local government fund earmarked for affordable housing;
· May be sold with a restriction that requires the development of the property as permanent
affordable housing; or
· May be donated to a nonprofit housing organization for the construction of permanent
affordable housing.
The bill also amends existing law related to the surplus state lands by providing that a local
government may request that state lands be specifically declared surplus lands for the purpose of
providing affordable housing. Additionally, the bill authorizes affordable housing as a permitted
use for surplus state lands; and provides that when such lands are conveyed to local
governments, they must be disposed of consistent with the provisions outlined above.
Housing Assistance for Special District and School District Personnel
The bill authorizes certain independent special districts to provide specific types of housing
assistance. The bill authorizes Community Development Districts created pursuant to ch. 190,
F.S., to provide housing and housing assistance for employed personnel whose total annual
household income does not exceed 140 percent ofthe area median income (AMI), adjusted for
family size. Similarly, the bill authorizes any independent special district created pursuant to ch.
189, F.S., and drainage and water control districts created pursuant to ch. 298, F.S., to provide
housing and housing assistance for its employed personnel whose total annual household income
does not exceed 140 percent of the AMI, adjusted for family size.
The bill amends s. 1001.42, F.S., to provide that certain school board lands (surplus lands and
lands deemed not usable for purposes oflocation or other factors) may be used for housing for
teachers and other other school district personnel independently or in conjunction with other
agenCIes.
Deferral of Ad Valorem Taxes
The bill amends s. 197.252, F.S., to revise eligibility requirements governing the homestead tax
deferral program. The tax deferral program allows qualifying homestead property owners to
defer ad valorem and non-ad valorem assessments until there is change in the ownership or use
of the property, at which time the deferred taxes, assessments, and interests are due and payable.
The bill revises program eligibility requirements to decrease the age limit (from 70 to 65) and
increase the income threshold (from $12,000 to $23,460). The bill also reduces the maximum
interest rate that may be charged on deferred property taxes from 9.5 to 7 percent.
Disabled Veteraos License and Permit Fee Exemption
Section 295.16, F.S., allows veterans to be exempt from paying building license or permit fees to
any county or municipality for wheelchair accessibility improvements made upon a mobile
home, when certain criteria are met. The bill increases the type of residences eligible for the
permit fee exemption in s. 295.16, F.S to include any dwelling they own. This change will enable
a larger population of eligible, disabled veterans to take advantage of the existing fee exemption,
reducing the costs that they are obligated to pay in order to make their homes wheelchair
accessible.
Developments of Regional Impact (DR!)
Existing law provides that any proposed change to an approved DRI that exceeds statutory
thresholds, known as a substantial deviation, must undergo additional DRI review. The bill
provides a residential density bonus to increase the density threshold by the greater of 50 percent
or 200 units when 15 percent of the increase in the number of dwelling units is dedicated to the
construction of workforce housing subject to a recorded land use restriction that shall be for a
period of at least 20 years and that includes resale provisions to ensure long-term affordability
for income-eligible homeowners and renters and provisions for the workforce housing to be
commenced prior to the completion of 50 percent of the market rate dwelling. The bill defines
"affordable workforce housing" for purposes of this provision as housing that is affordable to a
person who earns less than 120 percent of the AMI or less than 140 percent of the AMI iflocated
in a county in which the median purchase price for a single-family existing home exceeds the
statewide median purchase price of a single-family existing home.
Additionally, an increase in the number of residential dwelling units does not constitute a
substantial deviation and is not subject to DRI review for additional impacts if all the residential
dwelling units are dedicated to affordable workforce housing for a period of at least 20 years
which includes resale provisions to ensure long-term affordability for income-eligible
homeowners and renters. For these purposes, affordable workforce housing is defined as housing
that is affordable to a person who earns less than 120 percent of the AMI, or less than 140
percent of the AMI is located in a county in which the median purchase price for a single-
family existing home exceeds the statewide median purchase price of a single-family existing
home.
Existing law provides statewide guidelines and standards for development required to undergo
DRI review. The bill provides a residential density bonus of 50 percent where a developer
demonstrates that at least 15 percent ofthe total residential dwelling units will be dedicated to
affordable workforce housing subject to a recorded land use restriction for no less than 20 years
and that includes resale provisions to ensure long-term affordability for income-eligible
homeowners and renters and provisions for the workforce housing to be commenced prior to the
completion of 50 percent of the market rate dwelling.
Density Incentives for Land Donation
The bill creates density bonus incentives for land donations for affordable housing purposes for
extremely-low-income, very-low-income, low-income or moderate-income persons. A local
government may provide density bonus incentives to any landowner who voluntarily donates fee
simple interest in real property to the local government for affordable housing purposes. The
authorized bonus may provide one to four dwelling units per gross acre of donated land. The
density bonus would be applied to any land within the local government's jurisdiction as long as
residential is an allowable use on the receiving land and that the overall density of the receiving
land does not exceed six units per gross acre. The award of density bonus, identification of the
receiving land and any other conditions are subject to local government approval.
State Housing Initiatives Partnership (SHIP)
The bill amends the SHIP program to provide that each local housing assistance plan must
include a definition of essential service personnel for county or eligible municipality. The bill
encourages eligible local governments to develop a strategy within its local housing assistance
plan that emphasizes recruitment and retention of essential service personnel, and requires local
government to verify compliance with the eligibility criteria. Additionally, the bill includes the
following provisions:
· Encourages eligible local governments to develop a strategy within in its local housing
assistance plan that addresses the needs of persons who are deprived of affordable housing due to
closure of a mobile home park or conversion of affordable rental units to condominiums.
· Provides that 65 percent of the funds of each eligible local government's local housing
distribution be reserved for rehabilitation and construction of home ownership units for eligible
extremely-low-income, low-income or very-low-income persons.
· Authorizes the alternative use of U.S. Department of the Treasury established data and
standards for determining the time period for calculating the average area purchase price relative
to fund awards under the program.
Definition for Extremely-Low-Income
The bill defines "extremely-low-income" to mean one or more natural persons or a family whose
total annual household income does not exceed 30 percent ofthe median annual adjusted gross
income for households with the state. The bill authorizes the Florida Housing Finance
Corporation to adjust this amount annually by rule to provide that in lower income counties the
definition may exceed 30 percent of the AMI and that in higher income counties; extremely-low
income may be less than 30 percent of AMI. As noted below in the discussion of changes to the
State Apartment Incentive Loan program, several programmatic changes are made to allow this
program to serve extremely-low-income persons.
State Apartment Incentive Loan Program (SAIL)
The bill amends the SAIL program to authorize the Corporation to set a SAIL loan interest rate
at between 0 to 3 percent based on the pro rata share of units set aside for homeless residents if
the total of such units is less than 80 percent ofthe total units. The bill authorizes the
Corporation to make loans exceeding 25 percent of project costs when the project serves
extremely-low-income persons and forgive indebtedness for a share of the loan attributable to the
units in a project reserved for extremely-low-income persons. Similarly, the Corporation is
authorized to waive a requirement related to the maximum amount of a loan under certain
conditions for projects which reserve units for extremely-low-income person and allows rent
controls when the sponsor has committed to set aside units for extremely-low-income persons.
The bill lowers the matching commitment of a sponsor of an elderly housing community to at
least 5 percent (from at least 15 percent) and authorizes the Corporation to make the term of its
encumbrance coterminous with the longest term of superior loans. The bill amends the SAIL
competitive ranking criteria as follows:
· Provides ranking credit to projects that reserve units for extremely-low-income persons, and
· Provides an exclusion from the program ranking criteria that favors the lowest project loan/cost
ratio for that share of the loan attributable to units serving extremely-low income persons.
Florida Homeownership Assistance Program (HAP)
The bill expands the scope of the HAP program to moderate-income persons in purchasing a
primary residence. It increases the income level for eligible person to 120 percent from 80
percent of the greater of the state or local median income, and provides that loans may not
exceed the lesser of35 percent (previously 25 percent) of the purchase price or the amount
necessary to enable the purchaser to meet credit underwriting criteria.
The bill also deletes a loan preference for community development corporations as defined in s.
290.033, F.S., and removes the temporal reservation of certain funds.
Additionally, the bill amends the HAP program to authorize the Corporation to waive the
repayment of loans on the sale, transfer, refinancing, or rental of secured property. The
Corporation is empowered to establish subsidiary business entities, and to provide such
subsidiary entities with rulemaking authority necessary to carry out the purposes of taking title to
and managing and disposing of property acquired by the Corporation.
Community Workforce Housing Innovation Pilot Program (CWHIPP)
The bill creates a new pilot program for the purpose of providing affordable rental and home
ownership opportunities for essential services personnel with medium incomes in high-cost and
high-growth counties. The program is designed to use regulatory incentives and state and local
funds to promote local public-private partnerships and to leverage government and private
sources.
Program Administration - The bill provides the Corporation with authority to provide CWHIPP
loans to an applicant for construction or rehabilitation of workforce housing in eligible areas.
The Corporation is directed to establish a funding process and selection criteria by rule or by
request for proposals. The funding appropriated for this pilot program is intended to be used with
other public and private sector resources. The Corporation is directed to provide incentives for
local governments in eligible areas to use local affordable housing funds to assist in meeting the
affordable housing needs of persons eligible under the program.
Key Definitions - The term "workforce housing" is defined as housing affordable to natural
persons or families whose total annual household income does not exceed 140 percent of the
AMI, adjusted for household size or a higher area median income in areas of critical state
concern or 150 percent of AMI, adjusted for family size, in areas of critical state concern
designated under s. 380.05, F.S., for which the Legislature has declared its intent to provide
affordable housing and areas that were designated as areas of critical state concern for at least 20
consecutive years prior to removal of the designation.
"Essential services personnel" is defined as persons in need of affordable housing who are
employed in occupations or professions in which they are considered essential service personnel
as defined in that area's local housing assistance plan as provided for in the SHIP program.
Priority Funding Consideration - The bill provides the program shall provide priority funding
Gonsideration to projects in counties where the disparity between the area median income and the
median sales price for a single family home is greatest. The Corporation is authorized to fund
projects in counties where innovative regulatory and financial incentives are made available.
Priority funding consideration shall be given where:
· The local jurisdiction establishes appropriate regulatory incentives;
· Projects are innovative, and include new construction or rehabilitation, mixed-income housing,
or commercial and housing mixed-use elements, and those that promote homeownership; and
· Projects that set aside at least 80 percent of units for workforce housing and at least 50 percent
for essential services personnel and for proj ects that require the least amount of program funding
compared to the overall housing costs for the project.
Grant Eligibility - For home ownership units, applications must limit the sales price of a
detached unit, town home, or condominium unit to not more than 80 percent of the higher of the
median sales price for that type of unit in that county, or the statewide median sales price for that
type of unit. Applicants must require that all eligible purchasers of home ownership units occupy
the homes as their primary residence. For rental units, applicants must restrict rents for all
workforce housing serving those with incomes at or below 120 percent ofthe AMI at the
appropriate income level using the restricted rents for the federal low-income housing tax credit
program. For workforce housing units serving those with incomes above 120 percent of AMI,
applicants must restrict rents to those established by the Corporation, not to exceed 30 percent of
the maximum household income adjusted to unit size. In addition, program applicants must:
· Demonstrate that the applicant is a public-private partnership.
· Have grants, donations of land or contributions from the public-private partnership or other
sources collectively totaling at least 15 percent of the total development cost.
· Demonstrate how the applicant will use the regulatory incentives and financial strategies
outlined above.
· Demonstrate that the applicant possesses title to or site control of land and evidences
availability of required infrastructure.
· Demonstrate the applicant's affordable housing development and management experience.
· Provide any available research or facts supporting the demand and need for rental or home
ownership workforce housing for eligible persons in the market in which the project is proposed.
The bill provides that projects eligible for loans may include certain manufactured housing that
includes local contributions or financial strategies.
The bill provides that the Corporation shall award loans with a 1 to 3 percent interest rate which
may be forgiven where long-term affordability is provided and where at least 80 percent of the
units are set aside for workforce housing and at least 50 percent of the units are set aside for
essential services personnel.
Hurricane Housing Recovery
The bill authorizes the Corporation to provide funds to eligible entities for affordable housing
recovery in those areas of the state which sustained housing damage due to hurricanes during
2004 and 2005. The Corporation is directed to utilize data provided by the Federal Emergency
Management Agency to assist in its allocation of funds to local jurisdictions. Subject to an
appropriation, funds are to be provided for the Hurricane Housing Recovery Program, the
Farmworker Housing Recovery and the Special Housing Assistance and Development Programs,
and the Rental Recovery Loan Program. The Corporation is directed to provide technical and
training assistance, and adopt emergency rules pursuant to s. 120.54, F.S.
Funding for Affordable Housing
The bill appropriates more than $271 million for various affordable housing initiatives during FY
2006-2007. Specifically, the bill provides for the following:
· $75.9 million is appropriated from the Local Government Housing Trust Fund for the
Rental Recovery Loan Program;
· $82.9 million is appropriated for hurricane recovery to meet the needs of communities
impacted by Hurricanes Wilma and Katrina, with a prioritization toward affordable housing in
the most impacted areas of the state.
· $15 million is appropriated from the State Housing Trust Fund for the Farmworker
Housing Recovery Program and the Special Housing Assistance and Development
Program;
· $17 million is appropriated from the State Housing Trust Fund for the Rental Recovery
Program;
· $100,000 is appropriated from the State Housing Trust Fund to the Florida Housing
Finance Corporation for technical and training assistance;
· $30 million of non-recurring funds is appropriated from the Local Government Housing
Trust Fund for the purpose of implementing certain provisions relating to housing for extremely-
low-income persons;
· $50 million is appropriated from the State Housing Trust Fund for the purpose of implementing
the Community Workforce Housing Innovation Pilot Program; and
· $250,000 of recurring funds and $300,000 of nonrecurring funds is appropriated from the
Grants and Donations Trust Fund to the Department of Community Affairs for the purpose of
implementing certain provisions relating to the Century Commission for a Sustainable Florida.
If approved by the Governor, these provisions take effect July 1, 2006, except as otherwise
provided.
Vote: Senate 39-0; House 111-0
SB 1608 Relating to Land Use Decisions and HB 949 Relating to Municipalities/Authority
Limitation, two onerous bills for counties, which include among other items, an annexation
provision which would prohibit any county charter, county ordinance, county land development
regulation, or countywide special act governing the use, development, or redevelopment of land,
or providing an exclusive method of municipal annexation, which is in effect before July 1,
2006, or adopted on or after July 1, 2006, is not effective within or applicable to any
municipality within that county unless the charter provision, ordinance, land development
regulation, or special act is approved by a majority vote of the electors within the county and a
majority vote of the electors within the municipality voting in a municipal election, or is
approved by a majority vote of the governing board ofthe municipality.
JKA worked with FAC and various other counties to defeat this bad legislation. SB 1608 died
on the Senate calendar and HB 949 died in the State Infrastructure Council.
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CS/SB 1194 - Growth Management/Annexation by Governmental Oversight and
Productivity Committee and Senator Constantine
The bill creates the "Interlocal Service Boundary Agreement Act" as part II of ch. 171, F.S., to
provide an alternative process for annexation that allows counties and municipalities to negotiate
in good faith to identify municipal service areas and unincorporated service areas, resolve which
local government is responsible for providing services and facilities within the municipal service
areas, and reduce the number of enclaves. The negotiating parties, however, are not required to
reach an agreement.
This bill defines "invited local government" to mean an invited county or municipality, or
special district and any other local government designated as such in an initiating resolution or a
responding resolution that invites the local government to participate in the negotiation of an
interlocal service boundary agreement." The bill also defines a "municipal service area" as an
unincorporated area that has been identified by a municipality that is party to the agreement as an
area to be annexed or to receive municipal services from a municipality or its designee. Land
within a municipal service area may be annexed by a municipality if consent is obtained using a
process for annexation consistent with part I of ch. 171, F.S., or a flexible process, as determined
by the agreement, that includes one or more of the following:
· Petition for annexation signed by more than 50 percent of the registered voters in the area
proposed for annexation;
· Petition for annexation signed by more than 50 percent of the property owners in the area
proposed for annexation; or
· Approval by a majority of the registered voters in the area proposed for annexation.
Under this bill, an enclave consisting of 20 acres or more within a designated municipal service
area may be annexed if the consent requirements of part I of ch. 171, F.S., are met, one or more
of the provisions for annexing land within a municipal service area are met, or the municipality
receives a petition from one or more property owners who own real property in excess of 50
percent of the total real property in the area proposed for annexation. Enclaves consisting ofless
than 20 acres and with fewer than 100 registered voters, within a designated municipal service
area, may be annexed using a flexible process for securing the consent ofthe voters, as provided
in the interlocal service boundary agreement. No voter approval is required.
In addition, this bill codifies certain provisions relating to the imposition of impact fees by local
governments. It provides legislative findings and intent relating to the adoption of a local
ordinance levying an impact fee. The bill stipulates that such an ordinance must, at a minimum:
· Require that the calculation of the impact fee be based on the most recent and localized data;
· Provide for accounting and reporting of impact fee collections and expenditures;
· Limit administrative charges for the collection of impact fees to actual costs; and
· Require that notice be provided at least 90 days before the effective date of a new or amended
impact fee.
This bill also requires that audits of financial statements of local governments and school
districts include an affidavit signed by the chief financial officer of the local government or
school board stating that the entity has complied with s. 163.31801, F.S., relating to impact fee
ordinances.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 38-0; House 117-0
Local autonomy to impose discretionary sales tax referendum
SB 2312 by Sebesta/HB 7077 by Transportation: CountieslDiscretionary Sales Surtax; provides
that county may levy said surtax subject to approval by affirmative vote of majority of total
membership of its governing body or by referendum; deletes provisions limiting such tax to
charter counties & counties having consolidated government; requires that proceeds from surtax
be distributed to county & to each municipality within county according to interlocal agreement
or apportionment factor.
SB 2312 died in committee. HB 7077 became the vehicle to pass this legislation. Despite
efforts by JKA & F AC, this bill was placed on the calendar on 4/26, but died on the House
calendar the last day of session.
Transportation fun dine: tied to seat belt use
HB 97 Doris Slosberg Safety Belt Law by Rep. Slosberg makes seatbelt usage a mandatory
action in the state of Florida, which would draw down additional federal highway funds to the
state. HB 97 passed the House TED committee and died in the House State Infrastructure
Council. There was not a Senate companion, so JKA worked to identify an appropriate bill to
amend the language onto in the Senate.
This bill was not heard on the floor due to procedural rules in the House and decisions by
leadership to not hear the bill due to the perceived invasiveness of the bill on individual liberty.
County park rane:er to use Special Master process
HB 1151 by Rep. Davis provides for persons cited by county park enforcement officers to appear
before Collier County Code Enforcement Special Master instead of in county court. Working
with Rep. Davis, JKA can report the successful passage of this local bill.
311 fundine:
HB 661- Coordinated 311 Nonemergency System by Rep. Arza and others (CS/SB
1062 by Transportation and Economic Development Appropriations Committee and Senator
Diaz de la Portilla)
This bill establishes a matching grant program within the Department of Community Affairs to
assist local governments in the implementation and operation of "311 nonemergency and other
government services telephone systems." The bill specifies certain application criteria,
establishes an administrative process, requires a $1 for $1 local match, and authorizes the
department to adopt rules to administer the program. Funding to support the matching grant
program is contingent upon an appropriation in law or upon receipt of funds from private
sources.
If approved by the Governor, these provisions take effect July 1, 2006.
Vote: Senate 39-0; House 112-0
211 service (human services information hotline)
HB 249/SB 156211 Network
The Florida 211 Network requires said network to provide services in each county & to
coordinate services with county emergency management agencies during disasters; provides
requirements for distribution of state funds appropriated for such purposes; requires local
matching funds; requires expenditure reports to Fla. Alliance of Information & Referral Services,
AHCA, & Legislature; defines term "211 provider". There is a $5 million appropriation tied to
this legislation.
HB 249 passed the House, but died in Senate messages on the last day of session.
Data Privacy
HB 7009 passed the day before the end of session providing for the public records exemption for
personal identifying information pertaining to human resource directors and managers.
HB 7009 - Local Government Managers/OGSR by Governmental Operations and Rep.
Rivera (CS/SB 662 by Governmental Oversight and Productivity Committee and Community
Affairs Committee)
This bill reenacts and amends s. 119.071(4)(d)2., F.S., to continue the public records exemption
for personal identifying information concerning human resource directors and managers. The bill
narrows the exemption by eliminating social security numbers from the exemption as those
numbers are protected by the general exemption for social security numbers. Additionally,
certain family information that is not collected by agencies, specifically photographs of children
and spouses, is deleted from the exemption.
If approved by the Governor, these provisions take effect October 1, 2006.
Vote: Senate 39-0; House 85-32
Homestead Property Assessments
· Oppose Portability of Homestead Exemptions -
JKA, F AC and our other partners in local government effectively fought off a half-a-dozen bills
that would permit the portability of Homestead Exemptions. The legislature, agreed to
compromise language that requires the legislature to study the state property tax structure
in HB 7109.
HB 7109 - Taxation by Finance and Tax Committee and Rep. Brummer and others (CS/SB
854 by Ways and Means Committee and Senator Carlton)
House Bill 7109 includes the substance ofCS/SB 1430, which amends ss. 193.155 and 196.031,
F.S., to shield property owners whose homestead property is damaged or destroyed by a
hurricane or other misfortune from increases in assessed value for property tax purposes, as long
as the size of the home is not increased by more than 10 percent, or does not exceed 1500 square
feet.
It also calls for a study of the impact on local property taxes of current homestead tax
exemptions and assessment limitations. It requires the Department of Revenue to provide and
analyze data about homestead property taxation, and analyze how portability of the Save Our
Homes differential would affect relative taxes levied on all other classes of property and the
distribution of the required local property tax effort for school funding.
The final DOR report is due January 2, 2007.
The Office of Economic and Demographic Research is directed to prepare a report summarizing
the DOR study, including findings of the study and property tax policy options that may be
available to the state. An interim progress report is due February 15, 2007 to include preliminary
findings and policy options to be considered during the 2007 session. The final report must be
submitted to the Governor, the President of the Senate, the Speaker of the House of
Representatives, and the chair of the Taxation and Budget Reform Commission no later than
September 1, 2007.
The bill appropriates $300,000 to the Department of Revenue for the purpose of conducting its
study, and $500,000 to the Office of Economic and Demographic Research for the purpose of
preparing its report.
The bill also repeals section 12 of Chapter 2005-187, L.O.F., which created the Communications
Services Tax Task Force. The $600,000 appropriated to fund that task force is reverted to
General Revenue.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 37-0; House 113-0
Other Homestead Bills of Note:
HJR 353 - Homestead Exemption Increase by Rep. Lopez-Cantera and others (SJR 1840
by Senators Haridopolos, Pruitt, Baker, Bennett, Atwater, Fasano, King, and Alexander)
This joint resolution would amend Article VII, Section 6 of the State Constitution, to increase the
maximum additional homestead exemption that a county or municipality may grant to low-
income seniors from $25,000 to $50,000. It also creates Section 26 of Article XII to provide that
this increase in the cap on the additional homestead exemption for low-income seniors takes
effect on January 1, 2007. The joint resolution shall be submitted to the electors for approval or
rejection at the next general election or at an earlier special election if provided by law.
This provision would take effect January 1, 2007, if approved by the electors of this state at the
next general election.
Vote: Senate 38-0; House 119-0
CS/SB 264 - Homestead Assessments by Government Efficiency Appropriations
Committee and Senators Fasano, Crist, and Atwater
This bill amends s. 193.155, F.S., to provide that there is no change in ownership ofa homestead
property if a change or transfer is by means of an instrument in which the owner is listed as both
grantor and grantee of the real property and one or more individuals are additionally named as
grantee. As a result, a change or transfer that merely adds an additional person or persons to the
title does not trigger a change in ownership. However, if an individual who is added to a title
applies for a homestead exemption on the property, the application is considered a change of
ownership and reassessment is required.
The effect of this bill is that an individual may add one or more co-owners to the deed for
homestead property without losing the Save Our Homes benefit, assuming the individual
continues to qualify for the homestead exemption on the property.
If approved by the Governor, these provisions take effect July 1, 2006.
Vote: Senate 38-0; House 114-1
SOUTHWEST FLORIDA LEGISLATIVE CONSORTIUM 2006 Legislative
Priorities
(Sarasota, Charlotte, Lee, Collier and Hendry Counties)
MONITORING
. Growth Management Glitch Bill -7 see above
. Impact Fee Reform -7 see above
. Any Eminent Domain Legislation
HJR 1569 - Eminent Domain by Rep. Rubio and others (SJR 626 by Senators Saunders,
Haridopolos, Bennett, Baker, Alexander, Atwater, Wise, King, Diaz de la Portilla, Posey,
Fasano, Bullard, and Campbell)
This joint resolution proposes to amend the State Constitution to limit the conveyance of private
property taken by eminent domain to a natural person or private entity. The limitation on
conveyance applies prospectively to property taken by eminent domain if the property was taken
pursuant to a petition of taking filed on or after January 2,2007.
The Legislature may provide exceptions to this limitation ifpassed by a three-fifths vote of the
membership of each house. This proposed amendment shall be submitted to the electors of the
state for approval or rejection at the next general election or at an earlier special election
specifically authorized by law for that purpose.
Vote: Senate 38-2; House 115-0
HB 1567 - Eminent Domain by Rep. Rubio and others (CS/SB 2168 by Judiciary
Committee and Senators King and Haridopolos)
This bill heightens the safeguards of private property rights by providing certain restrictions on
the use of eminent domain and limiting the transfer of property that has been taken by eminent
domain.
Restrictions on the Use of Eminent Domain
The bill eliminates the authority to take property for the purpose of abating or eliminating a
public nuisance. The bill also prohibits the use of eminent domain for the purpose of preventing
or eliminating slum or blight conditions. The bill repeals s. 163.375, F.S., which granted broad
eminent domain power to counties, municipalities, or community redevelopment agencies, with
the delegated authority of eminent domain, for community redevelopment and related activities.
However, the use of eminent domain in a community redevelopment area (CRA) for a traditional
public purpose is permitted in the same way as permitted outside the CRA. The bill prohibits a
county or municipality from delegating the power of eminent domain to a community
redevelopment agency.
Restrictions on the Transfer of Property Taken by Eminent Domain
The state, any political subdivision, or any other entity to which the power of eminent domain is
delegated is prohibited from transferring property acquired by eminent domain to another private
entity for 10 years with certain exceptions. The exceptions include transfers for: private entities
engaged in common-carrier services; roads open to the public for transportation, whether at no
charge or by toll; operating a public or private utility; or public infrastructure. The bill also has
an exception for transferring surplus property. If property is acquired via eminent domain and is
not needed for the original purpose, and it has been less than 10 years, it can be transferred if the
original owner is first given a chance to repurchase the property at the price that the government
paid him or her for the property. The bill provides for public notice and competitive bidding for
the disposition of property taken by eminent domain.
The Legislature also passed a joint resolution that proposes to amend the State Constitution to
limit the conveyance of private property taken by eminent domain to a natural person or private
entity with certain exceptions. For a full description of this joint resolution, see HJR 1569.
If approved by the Governor, these provisions take effect upon becoming law and apply to all
property for which a petition of condemnation is filed on or after that date.
Vote: Senate 37-3; House 113-0
PRIORITIES
. Oppose Portability of Homestead Exemptions ~ see above
. Support Extending FRS "Drop" Program for existing participants an
additional 5 years
JKA approached several potential sponsors to pursue extending the FRS "Drop" Program for
existing participants an additional 5 years. There was a willingness to pursue extensions in drop
for school administration, but the bill sponsor expressed reservations about including county
personnel in their bill. The legislature passed the following FRS changes:
HB 5025 - FRS Payroll Contribution Rates by Fiscal Council and Rep. Berfield (CS/SB
1040 by Governmental Oversight and Productivity Committee)
This bill sets the employer payroll contribution rates to be imposed by the more than 850
participating employers for funding of the Florida Retirement System for FY 2006-2007. For the
past several years it has become the custom for the Legislature to receive an annual plan
valuation of assets and liabilities and to fix the rates to be imposed for the succeeding fiscal and
plan year in separate legislation. The bill also sets default rates for effect July 1, 2007, in the
event no separate rate-setting bill is passed by the 2007 Legislature. For comparison purposes the
current and proposed rates are as follows:
(:urrfiat aad Pr<> "~fid FRS PlUTOll C'oac:riburioa. Rattt %
9,$0
The bill provides a statement of important state interest to effect compliance with s. 18, Art. VII,
State Constitution.
If approved by the Governor, these provisions take effect July 1, 2006.
Vote: Senate 38-0; House 115-0
6,67
. Support Gas Tax Indexing ~ see above
. Support Mandatory Statewide Seatbelt Law
DB 97 Doris Slosberg Safety Belt Law creates said law; deletes requirement for enforcement of
Florida Safety Belt Law as secondary action. Legislative leadership opposed this bill and it died
in the State Infrastructure Council.
· Support Additional Funding for Red Tide/Red Drift Algae Research -7
RED TIDE:
JKA is pleased to announce that the legislature appropriated an additional three million dollars to
last year's million dollar allocation for Red Tide research. JKA encouraged the House
delegation to take the Senate position on red tide research. The House initially appropriated $1
million whereas the Senate appropriated $4,014,499.
Line Item in the Budget
2114 SPECIAL CATEGORIES RED TIDE RESEARCH FROM GENERAL REVENUE FUND . . . .
. . . . 4,014,499
Other Le2islation of Note:
HB 7121 - Disaster Preparedness Response by Domestic Security Committee and Rep.
Adams and others (CS/CS/SB 862 by Transportation and Economic Development
Appropriations Committee; Domestic Security Committee; and Senators Diaz de la Portilla,
Fasano, Wilson, Bullard, Atwater, and Klein)
Legislative Findings
The Legislature finds that there is a need to improve the state's preparedness and response
capabilities for disasters. In making this finding, the Legislature identified areas of critical
concern including: construction or hardening of emergency operations centers to meet
survivability standards; providing permanent generator capacity at special needs shelters;
construction or hardening of additional shelters for the general public including retrofitting
existing structures to meet minimum public shelter standards; improving logistical staging and
warehouse capacity for commodities, and planning for hurricane evacuations. To meet these
needs, the Legislature appropriated $151.7 million including:
· $45 million for construction and hardening of emergency operations centers
· $52.8 million for generators in special needs shelters
· $15 million for expanding public shelter capacity
· $29 million for evacuation mapping and planning projects
· $6.5 million for logistics staging and warehousing improvements
· $3.4 million for public education and hurricane preparedness information
Motor Fuel Dispensing Facilities
Section 526.143, F.S., is created, effective July 1, 2006, to require alternate generated power
capacity at certain motor fuel dispensing facilities. Motor fuel terminal facilities and wholesalers
must become capable of operating their fuel tanker loading racks on alternate generated power
by June 1,2007.
After July 1,2006 all newly constructed and substantially renovated motor fuel retail outlets
must be pre-wired in order to operate on alternate generated power. In addition, motor fuel retail
outlets that meet certain county size and fueling positions criteria, and located within one-half
mile of an interstate highway or designated evacuation route, must be pre-wired to operate on
alternate generated power by June 1,2007.
Corporations and other entities owning 10 or more motor fuel retail outlets in a single county are
required to keep and maintain at least 1 generator for every 10 outlets. In addition, corporations
and other entities owning 10 or more outlets solely within a single domestic security region shall
maintain written agreements, including reciprocal agreements, with similar entities outside the
region for shared use of portable generators.
These generators and pre-wired requirements provide the ability to shuttle generators between
motor fuel retail outlets in order to pump stored fuel while the electrical power grid and bulk fuel
distribution systems recover back to normal capacity.
Florida Disaster Motor Fuel Supplier Program
Section 526.144, F.S., is created, effective July 1,2006, to establish a voluntary network of
emergency responders to provide fuel supplies and services to government agencies; medical
institutions; critical infrastructure; and emergency, health care, repair, and law enforcement
personnel as well as the general public. Only motor fuel retail outlets participating in the
program may operate during declared curfew hours. In addition, outlets participating in the
program may request priority on receiving fuel resupply. While such priority is not binding,
emergency management officials shall consider such requests in determining appropriate
response actions.
The regulation, siting, and placement of alternate power source capabilities at motor fuel
dispensing facilities following a major disaster is preempted to the state. In conjunction with this
provision, the Division of Emergency Management shall provide a set of standards for the
regulation of retail establishments that are recognized as part of the state emergency management
plan. The division must establish these standards in a report to the Governor, the President of the
Senate, and the Speaker of the House no later than February 1,2007. Pending establishment of
these standards, regulation of retail establishments participating in state emergency operations
response activities is preempted to the state until July 1,2007. After July 1,2007 retailers may
choose to opt into the state emergency management plan standards and program or alternately
comply with existing local regulations.
Price Gouging
Section 501.160, F.S., is amended, effective July 1, 2006, to provide that the prohibition on
unconscionable pricing during a declared emergency is effective for an initial period not to
exceed 60 days. Renewal shall be required to be specifically stated in any subsequent renewals of
the Governor's declaration of a state of emergency.
Vertical Accessibility
Section 553.509, F.S., is amended to require a provision for alternate generated power capability
for elevators in high-rise multi-family residential dwellings. Any owner of a residential
multifamily dwelling or condominium, at least 75 feet high, with a public elevator, must have at
least one elevator capable of operating on alternate generated power for a number of hours each
day for 5 days after a disaster caused power outage. Owners of such buildings must also develop
and maintain an emergency operations plan for the building.
Owners of affordable residential dwellings for persons age 62 and older, which are financed or
insured by the U.S. Department of Housing and Urban Development, must develop an
emergency evacuation plan if unable to comply with the alternate generated power requirement.
Division of Emergency Management Responsibilities
Section 252.35, F.S., is amended, effective July 1, 2006, to assign duties to the Division of
Emergency Management.
The division shall conduct a public education campaign on emergency preparedness issues
including the personal responsibility of individual citizens to be self-sufficient for up to 72 hours
following a natural or manmade disaster. In order to conduct this campaign, the division and the
Department of Education shall coordinate with the Agency For Persons with Disabilities.
By January 1, 2007, the division shall complete an inventory of portable generators owned by the
state and local governments which are capable of operating during a major disaster. The division
shall subsequently maintain this inventory list. In addition, the division shall make available to
the public, a list of private entities which offer generators available for sale or lease.
Sheltering Persons with Pets
Section 252.3568, F.S., is created, effective July 1, 2006, to require that the Division of
Emergency Management address strategies for the evacuation of persons with pets in the state
comprehensive emergency management plan. The Department of Agriculture and Consumer
Services is directed to assist the division in determining these strategies.
Special Needs Shelters
Section 252.355, F.S., is amended to include the term cognitive impairment in the list of persons
qualifying for special needs shelter assistance. Home health agencies, hospices, nurse registries,
and home health providers are added to the list of agencies assisting in the identification of
persons in need of special needs shelter assistance. The Department of Community Affairs is
designated as the lead agency responsible for community education and public outreach
regarding special needs shelter registration.
Persons with special needs will now be allowed to bring their service animals into special needs
shelters. Electric utility companies must increase notification of their residential customers about
the special needs shelter program from 1 to 2 times per year.
Section 381.0303, F.S., is amended, effective July 1,2006, to provide for the operation and
closure of special needs shelters. The Department of Health is designated as the lead agency for
the recruitment of special needs shelter health care practitioners. Local emergency management
agencies are given responsibility for designating and operating the special needs shelters in
coordination with the local health department. Finally, the Secretary of Elderly Affairs is
provided the authority to convene a multi-agency special needs discharge planning team to assist
local agencies operating special needs shelters that are severely impacted by a disaster.
The Department of Health is provided direction for reimbursing hospitals, nursing homes,
assisted living facilities, and community residential group homes that shelter special needs
clients based on available funding. In addition, the responsibilities of the Special Needs
Interagency Committee are amplified to include resolving problems relating to special needs
shelters that are not addressed in the state comprehensive emergency medical plan.
Sections 400.492 and 400.497, F.S., are amended, effective July 1, 2006, to provide for home
health agency services during an emergency. The bill requires home health agencies to provide
staff for their clients who have been evacuated to special needs shelters. It also allows home
health agencies to establish links to local emergency operations centers to facilitate continued
service to their clients in a disaster area. Home health agencies are required to demonstrate a
good faith effort in continuing to provide such service and develop a comprehensive emergency
management plan, outlining how they plan serve their clients during an emergency. County
health departments are given the responsibility to review these plans using Agency for Health
Care Administration criteria.
Sections 400.506 and 400.610, F.S., are similarly amended for nurse registries and hospices, as
well as sections 400.925, 400.934, and 400.935, F.S., for home medical equipment providers.
Nursing Homes and Assisted Living Facilities
Section 252.357, F.S., is created, effective July 1,2006, to provide for the monitoring of nursing
homes and assisted living facilities during a disaster.
Public Shelter Space
Section 252.385, F.S., is amended, effective July 1, 2006, to require the Division of Emergency
Management to biennially prepare and submit a statewide emergency shelter plan to the
Governor and Cabinet for approval. In addition, local emergency management agencies are
required to ensure that designated facilities serving as public emergency evacuation shelters are
ready to activate prior to a specific hurricane or disaster.
Licensed Health Care Facilities
Section 408.831, F.S., is amended, effective July 1,2006, to allow licensed health care facilities
to operate over their licensed capacity during an emergency. While in an overcapacity status,
each provider must furnish or arrange for appropriate and safe care for all clients. Licensing
provisions are also made for facilities that are damaged and become inactive while undergoing
repair.
If approved by the Governor, these provisions take effect upon becoming law, except as
otherwise expressly provided in this act.
Vote: Senate 35-0; House 115-0
HB 273 - Outdoor Advertising Signs by Rep. Mayfield and others (CS/CS/SB 566 by
Judiciary Committee; Community Affairs Committee; and Senators Haridopolis, Crist, and
King)
The bill establishes "view zones" for lawfully permitted outdoor advertising signs along the
public rights-of-way for interstates, expressways, federal-aid primary highways, and the State
Highway System, excluding privately or publicly owned property. The distance for view zones is
based upon the speed limit. Under this bill, local governments or other parties may be held liable
for blocking a sign's visibility by planting trees or other vegetation within a view zone if the sign
was permitted before the planting. The bill provides a 90-day window after written notice from
the sign owner for a governmental entity or other party to cure the alleged violation. If the
governmental entity or other private party does not cure the alleged violation, the sign owner
may file a claim for compensation in circuit court. The modification or removal of material from
a beautification project or other planting to cure an alleged violation does not require a permit
from the Florida Department of Transportation (FDOT) if the FDOT receives not less than 48
hours' notice. The bill provides an exemption from liability for entities that design projects
which initially comply with s. 479.106(6), F.S., and provides an exemption to the applicability of
the revisions to statute for existing written agreements.
Additionally, the bill allows the owner of a lawfully erected sign governed by and conforming to
state and federal standards to increase the sign's height if a noise-attenuation barrier is erected or
permitted by a governmental entity that blocks or screens the sign. The bill also specifies a sign
reconstructed for this purpose must comply with the Florida Building Code's construction
standards and wind load requirements. If the increase in the height of the sign violates a local
ordinance or land development regulation, the bill requires the FDOT to conduct a written survey
of potentially affected property owners and a public hearing for comments on the proposed
barrier. In addition to notifying property owners of the hearing, the survey must include the list
of options for local government in response to the proposed barrier as outlined in the revised
statute.
The options for local government include issuing a variance; allowing the relocation or
reconstruction of the sign at an alternative location with the sign owner's consent; or denying the
permit and paying the owner fair market value for the sign and associated interest in real
property. The barrier may not be erected until the survey and hearing are conducted; also, the
FDOT must advise the respective governmental entity of the property owners' approval. Existing
written agreements between a local government and a sign owner are exempt from the provisions
of the bill that address visibility because of a noise-attenuation barrier.
If approved by the Governor, these provisions take effect upon becoming law. Vote: Senate 28-
10; House 100-16
CS/CS/SB 980 - Electric Transmission and Distribution by Communications and
Public Utilities Committee; Community Affairs Committee; and Senator Alexander
The bill provides that electrical substations are a permittable land use in all land use categories
and zoning districts, with specified exceptions. A local government may adopt reasonable
standards for setback and landscape buffers, but if a local government does not do so, the
standards set forth in the bill apply. The bill creates a process for siting a new distribution
electric substation if the local government has adopted standards for setback and landscape
buffers and provides timeframes for the process. If an application for a permit is not timely
disposed of, it is deemed automatically approved.
Prior to submitting an application for a new distribution electric substation in a residential area,
the utility is to consult the local government regarding site selection. The utility is to provide
information on the proposed site and as many as three alternative sites. If the local government
and the utility are unable to agree upon a site, selection is to be submitted to mediation.
Also, local governments may not require a permit or other approval for vegetation management
and tree trimming within an established right-of-way for an electric transmission or distribution
line. At the request of a local government, utility companies are required to meet with the local
government to discuss and submit the utility's vegetation maintenance plan. The bill requires a
utility to give the local government advance notice before conducting vegetation-maintenance
and tree trimming or pruning activities in an established right-of-way, specifies standards for
such activities, and limits the types of trees or vegetation that may be planted in an established
right-of-way for an electric utility.
Finally, the bill requires an electric utility to provide the applicable regional planning council
with an annual report on the utility's 5-year plans for siting electric substations and this
information is to be included in the regional planning council's annual report.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 40-0; House 114-5
HB 749 - Sewage Treatment and Disposal Systems by Rep. Bowen and others
(CS/CS/SB 1874 Health Care Committee; Community Affairs Committee; and Senator
Argenziano)
The bill requires each county water and sewer district and local government proposing to extend
or build new central sewerage facilities to prepare a study that includes certain information. The
study must include:
· Information from the Department of Health (DOH) on the history of onsite systems currently in
use in the area;
· A comparison of the cost to the average property owner of connecting to the centralized system
versus installing, operating, and properly maintaining an onsite system that is approved by DOH
and offers comparable health and environmental protection;
· Consideration of the local authority's obligations or reasonably anticipated obligations for
waterbody cleanup and protection under state or federal programs; and
· Other factors determined appropriate for the study.
This bill allows local governments to satisfy growth management concurrency requirements for
sanitary sewer facilities for new development with onsite sewage treatment and disposal systems
approved by the DOH. It also allows a local government or water and sewer district responsible
for the operation of a centralized sewage system to grant a variance to the owner of a
performance-based onsite sewage treatment and disposal system permitted by DOH from
mandatory connection to a central sewerage system, as long as the system is functioning
properly. A local government or water and sewage district is not required to grant the variance.
Local governments are not required to issue a variance under any circumstances in certain areas.
The bill allows DOH or its agent to issue an order requiring the owner of an onsite sewage
treatment and disposal system that is in improper condition to repair or replace the system and
increases the number of continuing education credits necessary for septic tank contractors and
master septic tank contractors.
If approved by the Governor, these provisions take effect July 1, 2006.
Vote: Senate 40-0; House 117-0
CS/SB 1268 - Deferral of Ad Valorem Taxes by Community Affairs Committee and
Senator Margolis
This bill revises the age and income thresholds governing eligibility for the homestead tax
deferral program established in s. 197.252, F.S. Specifically, the bill decreases the minimum age
limit from 70 to 65, and increases the household income limitation from $12,000 to $23,463.
This income limit matches the threshold amount designated for the additional homestead
exemption authorized in s. 196.075, F.S. Additionally, the bill reduces the maximum interest
rate that may be charged on deferred property taxes from 9.5 to 7 percent.
The bill will enable a larger population of homestead property owners to elect to defer all or a
portion of the combined total of the ad valorem taxes and any non-ad valorem assessments. The
maximum interest rate applicable to deferred taxes and assessments would be capped at 7
percent. The deferred taxes and interest would continue to constitute a prior lien on the
homestead, and all deferred taxes, assessments, and interests would be due upon a change in the
ownership or use of the property.
If approved by the Governor, these provisions take effect July 1, 2006.
Vote: Senate 40-0; House 113-0
HB 1359 - Hazard Mitigation/Coasts/Hurricanes by Rep. Benson and others (CS/CS/SB
2216 by General Government Appropriations Committee; Environmental Preservation
Committee; and Senator Clary)
Section 161.085, F.S., is amended to clarify the authority of political subdivisions and
municipalities have to install or authorize the installation of rigid coastal armoring structures
during an emergency. The Department of Environmental Protection (DEP) may review such an
action and if it determines that harm or interference is occurring to the protection ofthe
beach/dune system, adjacent properties, public beach access, native coastal vegetation, or nesting
marine turtles, the department may revoke the authority to install such system.
Section 163.3178, F.S., is amended to require the Division of Emergency Management to
manage the update of regional hurricane evacuation studies. Such studies must be done in a
consistent manner using the National Hurricane Center's methodology and storm surge model
known as Sea, Lake and Overland Surges from Hurricanes (SLOSH).
The definition of a coastal high-hazard area is revised to incorporate the storm surge predictive
accuracy of the SLOSH model. This new definition must be included in local governments'
future land use maps and coastal management elements no later than July 1, 2008.
The bill provides a process whereby local governments shall adopt levels of service relating to
the capacity of the road and highway infrastructure to ensure timely hurricane evacuation. Those
local governments that have not established a level of service for out-of-county hurricane
evacuation by July 1, 2008, shall have an evacuation level of service no greater than 16 hours for
a category 5 storm event.
Section 163.336, F.S., is amended to allow DEP to favorably consider placing beach quality sand
material on adjacent properties under the Coast Resort Area Redevelopment Pilot Project. To do
so, a permittee must demonstrate every reasonable effort to use all material on site to enhance the
beach and dune system and prepare a comprehensive plan for beach and dune nourishment for
the adjoining area.
DEP and affected local governments shall provide an independent economic and environmental
impact analysis of the pilot project and report to the Legislature's presiding officers by February
1,2008.
Section 381.0065, F.S., is amended to require that issuance of an onsite sewage treatment and
disposal system work permit by the Department of Health, seaward of the coastal construction
control line, shall be contingent upon receipt of any required DEP permits.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 39-0; House 114-0
Appropriations
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Bill Statistics
ffi/OGlOG
02:35:23
FLORIDA LEGISLATURE - REGULAR SESSION - 200(3
LEGISLATIVE INFORl\IATION
STATISTICS REPORT AS OF 05/06/06
BY BILL TYPE
SENATE BILLS
FILED PASSED PASSED BOTII
SENATE CHA10IBERS
4
74 {;2 I)
1259 C~ 116
.,
45 5 (l
.(2 :J
;) ..--l 2
14:20 249 11.'\'
CONClTRRENT RESOLUTIONS
RESOLUTI(lNSiONE CHAMBER!
GENERAL BILLS
LOCAL BILLS
J01NT RESOLUTIONS
MEMCHUALS
TOTALS
CONCURRENT RESOLVTJONS
RESOLU'nONSiONE CHAMBE(~!
GENEHAL BILLS
LOCAL BILLS
JOINT RESOLlJ'TIONS
~lEMORl/\I.S
TOTALS
FILED PASSED P AS8ED BOTIl
HOVSE ClL\1oIBERS
G 1
7G 67 I)
846 .~Kll 2H
II 19 49
1'!' 7 .3
',J :.~
11
1051 42C 2HlP
HOUSE BILLS
CONCURRENT m~S()U"TI0NS
RESOLUTJONS()NE CHAMBER!
GENERAL BILLS
IJICAL BILLS
,Jo[NT RESOU JTHlNS
!\mMORIALS
TOTALS
10
1:)0
')
PASSED BOTII
CHAMBEHS
2
I)
:tM)
SENATE AND HOUSE HILLS
FILED
PASSIm FIRST
CHAMBER
~..
pu
47.'1
:)4
10
2l0r,
1'.)1)
-1.0.
24,'10
.,
49
4
..---!.
:i86'j
875
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HB 905 . Relating to Transportation Concurrency Mgmt. -
2006
Sponsor(s)
by GoQgl.ett~ CoSponsors: Payj~lMJ CS Sponsors: Iram',PQrta1i9n.& e:CODQmic
Pevelopme_nt. ApproJ>Ji!'lJiQn~
Summary
General Transportation Concurrency Mgmt.; provides exception to certain in-place or
under-actual-construction requirements for transportation facilities serving new
developments for certain stricter concurrency requirements by local governments.
Amends 163.3180. EFFECTIVE DATE: 07/01/2006.
Action
Filed
Referred to Local Government Council; Transportation &
Economic Development Appropriations; State Infrastructure
Council
On Committee agenda - Local Government Council, 03/15/06,
2:30 pm, 404-H
Favorable by Local Government Council; 8 Yeas. 0 Nays; Now
in Transportation & Economic Development Appropriations
On Committee Agenda - Transportation & Economic
Development Appropriations, 3/22/064:15 pm. Reed Hall
Temporarily postponed by Transportation & Economic
Development Appropriations
On Committee agenda - Transportation & Economic
Development Appropriations, 04/04/06, 4:00 pm, Reed Hall
Favorable with CS by Transportation & Economic
Development Appropriations; 19 Yeas, 1 Nay
Now in State Infrastructure Council
On Committee agenda - State Infrastructure Council. 04/18/06,
4:00 pm, 404 H
Temporarily postponed by State Infrastructure Council
Died in State Infrastructure Council
Compare Bills
$EtlQ~Q - Relating to Growth Management by6~rlDJ:ltt
Similar Bills
S13J8J52 - Relating to Transportation Concurrency Mgmt. by $aY!1~;ten~
Bill Text and Flied Amendments
lil H 0905 01/27/06
04/04/06
rr~XTI [
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"_____________..__m____
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Your Folders
CJ Administrative
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CJ Budget
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evelopmenl
D Elections
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D Eminent Domain
a Growth Management
a Impact Fees
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Cl Public Services
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a School Board
CJ Sheriff
CJTax Collector
C;iTourism
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D Your Folder
Actions
Date Chamber
01127/06 HOUSE
03/02/06 HOUSE
03/13/06 HOUSE
03/15/06 HOUSE
03/20/06 HOUSE
03/22/06 HOUSE
03/31/06 HOUSE
04/04/06 HOUSE
04/07/06 HOUSE
04/14/06 HOUSE
04/18/06 HOUSE
05/05/06 HOUSE
L Amendment 1
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I!J H 0905C1
[IEXn [
..'l~~t
04/10106
No amendments to this bill text.
Staff Analysis
H 0905
H 0905A
H 0905B
H 0905C
H 09050
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Ir13D!1iQ.()rtajiQn..4~tE:.CQrLOm iC.O!'lYl:lJ9P!l.1!'lOt AQpropria!l9Jl~
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Vote History
No vote history for this bill.
Related Documentl
No related documents.
Statute Citations
16.3.,~la
[Hide Comments]
[:iE.dit
Comments]
Not top priority I Importance not specified I Position not specified
Community Priority/Importance/Position [:iEdjt
Development Comments]
Not top priority /Importance not specified I Position not specified
;~~':~ment Priorltyllmportance/Poslllon co~~~M
Not top priority /Importance not specified I Position not specified
Codes and Comments
Impact Fee. Priority/lmportance/Polition
Analyst Comments
You have no analyst comments to this bill.
C Copyright 2001.2005 LobbyTools
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Print Format
-
HB 0905CS
CHAMBER ACTION
1 The Transportation & Economic Development Appropriations
2 Committee recommends the following:
3
4 Council/Committee Substitute
5 Remove the entire bill and insert:
6 A bill to be entitled
7 An act relating to transportation concurrency management;
8
9
10
11
12
13
14
- 15
16
amending s. 163.3180, F.S.; providing an exception to
certain in-place or under-actual-construction requirements
for transportation facilities serving new developments for
certain stricter concurrency requirements by local
governments; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (c) of subsection (2) of section
17 163.3180, Florida Statutes, is amended to read:
18
163.3180 Concurrency.--
19
(2)
20
(c) Consistent with the public welfare, and except as
21 otherwise provided in this section, transportation facilities
22 needed to serve new development shall be in place or under
23 actual construction within 3 years after the local government
24 approves a building permit or its functional equivalent that
25 results in traffic generation. Nothing is this s€.!ctionuprol1.i.!oit:s
26 Cl.lgc<il g()y.l:'!rn.,ment that has adopted a. strictercon.,currerlcy
27 mana g eT11e=n tr:;YEite=m. P:r i()r to the erlCl..c t;mE:I1t Of_C.llCiPt er 2Q 05- 290 ,
2 8 LCl'-'l~.9t:.X!():r~tc;1<il ... .t}:1.Cit:..PE9.Y ~ d. e=s ... f ()..J:"...1'lu .::>11.9 :r:t~J:"t;j, lTl e=.p~r 1, (Jdj:; 9i3,rl 3
--
29 year::; f:rC>lTl using a st::ri<;:ter <:.9ncurrency rrtcl}lagelT\'e}ltsYElt:e=mCln.,c;1
30re:9.u.irementr:; under ....,hich a local govE:rI1rrterl.t.. need not issue a
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Print F onnat Page 2 of 2
31 l::J':lildingpermit or its functional equiyalent un..derany
32 circumstancei?tJ'lat .l:"e.s;).llt::in. trafficqgenerationl!ntili3.g!':quate
33 tran.sp9I"t.i3.tioTl fc:icilitie13 are in p1i3.c::e.Pl!rsuant to the. local
34 g()vern.ment' s ag.gpt::edconcurrency mani3.gemeI1t system,.
35 Section 2. This act shall take effect July 1, 2006.
CODING: Words liitri~]~r;a.. are deletions; words uI1derJineg. are additions.
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S8 1862 . Relating to Transportation Concurrency Mgmt. .
2006
Sponsor(s)
by S~Ync:lf;lrs CS Sponsors: CQmmunity Affairs
Summary
General Transportation Concurrency Mgmt.; provides exception to certain in-place or
under-actual-construction requirements for transportation facilities serving new
developments for certain stricter concurrency requirements by local governments.
Amends 163.3180. EFFECTIVE DATE: 07/0112006.
Actions
Date Chamber
02/08/06 SENATE
02/23/06 SENATE
04/13/06 SENATE
Action
Filed
Referred to Community Affairs; Transportation
On Committee agenda - Community Affairs, 04/18/06, 9:00
am, 401 S
Favorable with CS by Community Affairs; 8 Yeas, 0 Nays
Now in Transportation
Died in Committee on Transportation
Find 2006 Bill
..
04118/06 SENATE
04119/06 SENATE
05/05/06 SENATE
Compare Bills
sJ:L1QZ.Q - Relating to Growth Management by6eJl1lElU
Similar Bills
HaHQQQ!5 - Relating to Transportation Concurrency Mgmt. by GC:>Q(;1.I~.tle
Bill Text and Flied Amendments
1iI S 1862 02/08/06
[I!;Xl] [
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IT~~_TI fmEQfJ
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. ----.- -
Your Folders
CJAdministrative
ervices
D Budget
DCommunication
DCommunity
Development
CJ Elections
D Emergency Services
C:.l Eminent Domain
D Growth Management
Dlmpact Fees
D Property Appraiser
D Public Services
Cl Public Utilities
D School Board
D Sheriff
DTax Collector
DTourism
D Transportation
CJVour Folder
L ArTI~~d~;;~t-303580
Ii] S 1862C1
04/18/06 Replaced by CS
04/21/06
No amendments to this bill text.
Staff Analysis
S 1862
c.QmJ!LLJfli!.Y_~ff~j r~
If.aPJ)fJ
Vote History
SENATE
C9mm\.lni~.AJf~!r$
04/18/06
[\!.J.~,#.\!.Qt~J
Related Documents
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Statute Citations
1~3,;}J~
Codes and Comments [Hide Comments]
Community Priority/Importance/Position [ :J Edit
Development CQ!'I'I--'DMtI]
Not top priority / Importance not specified I Position not specified
[ ::J Edjl
Co1l1ments]
Not top priority I Importance not specified I Position not specified
Growth Priority/Importance/Position [:JEdlt
Management Co_mmeJ}tsJ
Not top priority I Importance not specified / Position not specified
Impact Fees PrlorltyJlmportance/Posltion
Analyst Comments
You have no analyst comments to this bill.
C Copyright 2001-2005 LobbyTools
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Senate Bill sb1862cl
CODING: Words ~~ri2Jt~~ are deletions; words underlined are additions.
Florida Senate - 2006
CS for SB 1862
By the Committee on Community Affairs; and Senator Saunders
578-2250-06
1
2
3
4
5
6
7
8
9
10
- 11
12
13
A bill to be entitled
An act relating to transportation concurrency
management; amending s. 163.3180, F.S.;
providing an exception to certain in-place or
under-actual-construction requirements for
transportation facilities serving new
developments for certain stricter concurrency
requirements by local governments; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (c) of subsection (2) of section
14 163.3180, Florida Statutes, is amended to read:
15
163.3180 Concurrency.--
16
(2)
17
(c) Consistent with the public welfare, and except as
18 otherwise provided in this section, transportation facilities
19 needed to serve new development shall be in place or under
20 actual construction within 3 years after the local government
21 approves a building permit or its functional equivalent that
22 results in traffic generation. Nothing in this section
23 prohibits a local.. government that has adopted a stricter
24 concurrency management system prior. tathe enactlneI1! of
e
25 chapter 2005-290,. LaVIs of Florida, which provides tOl- a
26 shorter time period than 3 years from using the stricter
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Print Format Page 2 of 3
27 concurrency. management system and requirements.
It
28
section 2. This act shall take effect July 1, 2006.
29
30
31
1
CODING: Words li1tri2J'.IiI~ are deletions; words underlinE:d are additions.
Florida Senate _ 2006 CS for SB 1862
578-2250-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 s~nate_Bill1862
3
-
4 The committee substitute (CS) authorizes a local government to
use stricter transportation concurrency requirements than the
53-year period in s.163.3180, F.S., if the local government
adopted those stricter requirements before the enactment of
6 chapter 2005-290, Laws of Florida. It deletes language
exempting local governments that granted an exception from
7 transportation concurrency requirements before July 1. 2006,
from the requirement to adopt and implement strategies for
8 mobility within the designation exception area. It also
deletes language making the proportionate fair-share
9 mitigation method that is currently required under existing
law an option for local governments in lieu of their
10 concurrency management systems.
11
12
13
14
15
16
17
18
19
20
21
- 22
23
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HB 1363 - Relating to Affordable Housing - 2006 (Add To Folder].
Sponsor(s)
byO~..Yl~ lM) CoSponsors: Alten. Ambl~r. A-11~er.~Qn. Am911~. ,A.r~a. BeOJjrQ~1>.-MlnQ!ngall.
6-erfi~lQ. 6i1tr~kis, 6Qgg~nQff, 6r.aJ)Q~!JQY[9. 6rumml'll, 6rutus. 6JJ9h~r, 6JJlI;mtLI;),
CwnQD. C_~rrQJ1. Cl~Ik~. Q9J~-y, CJ~!!J!. Qy~C!~~. Davis (0), Dean. Detert, QQmiDQ,
B1..rk~. Ei~IQs, Flor~s. Ga!Vlilr)o. Gi'!rmol!, Ga~ta, Gibsol!JA), Gibson, III (H). GIQrioso.
GQ!dsJe.in. G_QQdlette, GQU!i~b., Gm.o!. Gr~_enste.ln. G_rimsley, Harrell.tji;lYS.t:ie.ndg!,lJ~_~,
t!QJlow..1il)', !iQmal}, _IQy'oS!J. KendIl.QK, Kri;ly.i~,IirS!_e.g~. Lilliefield., .Llcmmte, .L.QP!t~.~
Cante.ra, ~tac::tlek. MC::!I"l_Yal~, Ml;lac;!9Ws. MlJI~iD, E!'!lter~oo. EJ.i'!..l}as. Eopp!;!ll, Eo.atl.
P!:QQtol. Relil913n. R.ichardson. RiYl;lra. RQb~ina, R9_b~[~l!. 8-Yan. SanQs.S.c;mS_o!TI.
SeiJ~r.smiJtl. Sobel, sor~J'\s~n, st~msel, StargeJ. I13ylor, Tr~vlesCl. VaI1Cl, W!'!ter.5..
YY.iIJJ.a.ffi.s, ?C::lPaJc:I CS Sponsors: G.mwtIJMClmme.me.nt, l.oQaLG.Q.vemment.CQ!,Im;H. Ej~.Q~!
QQYD_<;;IL. Stc,:tJe.Jnfr"!strY<::twre.. COld 0.<;;[1
Summary
General Affordable Housing; provides for disposition of county property, municipal
property, & state lands for said housing; provides legislative findings & intent re changes
in land use affecting mobile home parks; revises limitation re small scale comprehensive
plan amendments involving construction of affordable housing units; creates Manny Diaz
Affordable Housing Property Tax Relief Initiative; provides for additional powers of Fla.
DCA, etc. Amends FS. APPROPRIATION. EFFECTIVE DATE: 07/01/2006 except as
otherwise provided.
Actions
Date Chamber
03/01/06 HOUSE
03/14/06 HOUSE
03/17/06 HOUSE
Action
Filed
Referred to Growth Management; Local Government Council;
Fiscal Council; State Infrastructure Council
On Committee agenda - Growth Management, 03/21/06,2:15
pm. 212 K
Favorable with CS by Growth Management; 9 Yeas, 0 Nays
Bill to Be Discussed During the Office of the EDR's Revenue
Impact Conference; 03/24/06, 1 :30 pm, 221 S (No Votes Will
Be Taken)
Now in Local Government Council
On Committee agenda - Local Government Council, 03/29/06,
1:00 pm. 404 H
Favorable with CS by Local Government Council; 7 Yeas. 0
Nays
Now in Fiscal Council
Bill to Be Discussed During the Office of the EDR's Revenue
Impact Conference; 04/07/06. 9:00 am. 221 S (No vote to be
taken)
On Committee agenda - Fiscal Council. 04/17/06, 4:15 pm.
212 K
Favorable with CS by Fiscal Council; 18 Yeas, 0 Nays
Now in State Infrastructure Council; On Committee agenda -
State Infrastructure Council, 04/21/06,1:15 pm. 404 H
-
Your Folders
C;Administrative
Services
c.:J Budget
CJ Communication
DCommunity
Development
CJ Elections
D Emergency Services
D Eminent Domain
CJ Growth Management
CJ Impact Fees
o Property Appraiser
CJ Public Services
CJ Public Utilities
D School Board
CJ Sheriff
C:.jTax Collector
CJTourism
D Transportation
CJ Your Folder
03/21/06 HOUSE
03/22/06 ----
03/24/06 HOUSE
03/27/06 HOUSE
03/29/06 HOUSE
04103/06 HOUSE
04/05/06 --
04/13/06 HOUSE
04/17/06 HOUSE
04/20106 HOUSE
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04/21/06 HOUSE
04/24/06 HOUSE
04/25/06 ----
04/26/06 HOUSE
04/28/06 HOUSE
05/01/06 HOUSE
05/02/06 SENATE
05/04/06 SENATE
OS/26/06 --
Page 2 of5
Favorable with CS by State Infrastructure Council; 9 Yeas, 0
Nays
Placed on Special Order Calendar for 04/26/06
Bill to Be Discussed During the Office of the EDR's Revenue
Impact Conference; 04/28/06, 5:00 pm, 221 S (No vote to be
taken)
Read Second Time; Amendment(s) Adopted; Amendment(s)
Withdrawn; Ordered engrossed
Temporarily Postponed on Third Reading
Read Third Time; Amendment(s) Withdrawn; Amendment(s)
Adopted; Passed (Vote: 118 Yeas / 0 Nays); In Senate
Messages; Received, referred to Community Affairs;
Governmental Oversight and Productivity; Banking and
Insurance; Judiciary; Ways and Means
Withdrawn from Community Affairs; Governmental Oversight
and Productivity; Banking and Insurance; Judiciary; Ways and
Means; Substituted for SB 0132; Read Second Time;
Amendment(s) Adopted
Read Third Time; Amendment(s) Withdrawn; Amendment(s)
Adopted; Passed (Vote: 39 Yeas /0 Nays); In returning House
messages; Received from Messages; Concurred with Senate
Amendment(s); Passed (Vote: 111 Yeas / 0 Nays); Ordered
engrossed, then enrolled
Signed by Officers and presented to Governor (Governor must
act on this bill by June 10, 2006)
Compare Bills
S.t:L01.32 - Relating to Affordable Housing by B~nD~tt
HB Q40J - Relating to Affordable Housing by Col~y
Sl;tQ.~34 - Relating to Mobile Homes & Affordable Housing by 6eno.~Jt
HELQ45J - Relating to Affordable Housing for Elderly by M~C<tlek
S.6.J.Q20 - Relating to Growth Management by e~!1n~tt
Se1Q32 - Relating to Affordable Housing for Elderly by Mg,r.gQli~
Sa1Q48 - Relating to Affordable Housing by SebeslCjl
I-U.LQ573 - Relating to Disabled Veterans/Residence by B.l!ir~l5,is
S~ 1.34.2 - Relating to Disabled Veterans/Residence by B~DIJ~tt
Ha~Qe~~ - Relating to Growth Management by I[l:lYi.~.~l:l
HBQ.e3~ - Relating to Mobile Homes & Affordable Housing by AltkI!l.$..QJ1
t!~.Q8Q9 - Relating to State Housing Strategy by Gel.b~r
tiBJ.309 - Relating to Local Housing Assistance by J.enDi.!1g~.,Jr.
$8 2408 - Relating to Local Housing Assistance by l,,;;lW~Qn.Jr..
Bill Text and Flied Amendments
IiJ H 1363 03/01/06
L Amendment 1
L Amendment 2
L Amendment 3
lil H 1363C1
L Amendment 1
Iil H 1363C2
03/21/06
03/21/06
03/21/06
03/24/06
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Withdrawn
Adopted
.-._..
03/29/06
04/03/06
Adopted
No amendments to this bill text.
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LobbyTools
00 H 1363C3 04/20/06
L Amendment 1 04/21/06
L Amendment 2 04/21/06
I!J H 1363C4 04/25/06
q __,__.m...____.._._
L Amendment 99179 04/25/06 Adopted
LAmendment 10191 04/26/06 Adopted
L Amendment 185257 04/26/06 Withdrawn
L Amendment 197895 04/26/06 Adopted
L Amendment 265599 04/26/06 Adopted
L Amendment 313897 04/26/06 Withdrawn
L Amendment 476249 04/26/06 Withdrawn
L Amendment 637437 04/26/06 Adopted
L Amendment 674651 04/26/06 Withdrawn
L Amendment 848431 04/26/06 Not Allowed for
Consideration
L Amendment 970291 04/26/06 Adopted
L Amendment 972387 04/26/06 Adopted
Ii) H 1363E1 04/27/06
L Amendment 176125 04/27/06 Withdrawn
L Amendment 226003 04/27/06 Adopted
00 H 1363E2 05/01/06
L Amendment 460562 05/02/06 Concurred
L Amendment 963696 05/02/06 Withdrawn
L Amendment 52570 05/03/06 Withdrawn
L Amendment 571902 05/03/06 Withdrawn
Ii) H 1363E3 05/05/06
e
--
No amendments to this bill text.
Ii) H 1363ER 05/10/06
No amendments to this bill text.
Page 3 of5
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Staff Analysis
H 1363
H 1363A
H 13638
H 1363C
H 1363D
H 1363E
H 1363F
H 1363H
Growth MalJ_age.m~nl
G!:QwJb.. Mana.Qe.me.nt
L..QJ,.aLG_Qve.rnrmmJ C9lJJ1CH
I,.QcaJ..Govemme.ntCQ!.JI]Cil
fis~LCQJJ!.1J<iJ
Fiscal Council
Sti'lte..'l]fras.!r!"~tYre..QQj,JJ1~H
Stale. .Jnfr.1'ls.lLlJctl,!r.e..C Q.l,!n~i I
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Vote History
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HOUSE
HOUSE
SENATE
HOUSE
Floor vote: 0912
Floor vote: 1008
Floor vote: 0010
Floor vote: 1188
04/26/06
05/01/06
05/04/06
05/04/06
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Related Documents
03/09/06 Da-,!i~::-.aenJl~tt-l:teJJIigl,te.l)\.!10Q1JllQeJ3lQarti SmLSJ.rat~ to. Ma ~eJ:tQ.Y.sing i~
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04/05/06 ReYe-"ll,L~E;stim~Jing .11Jl..Qa.GtCQofereDc.e~~I:u;ta for .Q4/0 71Qfj Hi'!
04/07/06 8~.$.LJHsL8~.Y.e.nYe.l;stimatin.9~QDfeI~nc_e, 41lLQQ :G:!
04/17/06 8.ID'~.n.Y~.Estimat[ogJ;Qnf~I~m~~Llmpact. C90JergI'c~4LH!.Q.l;t.JiEl'!'i$.~g :[iI
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05/01/06 Res.Ylts froJ!l..Q.4l2J3jJLQ8~Y!3.n-,.te._E.sjimating I mpa!;tC...QJJITl.re...I1Q~ :G:!
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Statute Citations
125~379
163.31771
1Q~~~...1ll..1
1J;1~()451
1{39.~155
19LOQfj
l(t!UJE~
197.252
2:L2~Qa
~53A)~4
2.Q.:2,Q3-41
295.16
~~Q..Q.9.
:1~Q,.Q651
42Q~Q(JQ4
420.3.7
4.2.0,5Q3
42Q,5QfJ.1
42.Q~QQ.z:
42Q,J~.Q87
420,.5Q88
42CL5~
4:W.llQ1J.
420~9072
420.J~J)75
420.9076
420.9QZJ!
1001.43
Codes and Comments
[Hide Comments]
[ :i Edit
Co.m.m.e.ntsJ
Not top priority /Importance not specified / Position not specified
Community . [-::J Edit
Development Priority/Importance/Position C ---',
..o.m.m.e.ntsJ
Not top priority I Importance not specified I Position not specified
Impact Fees Priority/Importance/Position
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Analyst Comments
You have no analyst comments to this bill.
. ~_._...___ " ._._.....~_..._.'_n_.___. "'___"_'n..".'___'__'__'__H... ."__u__._,. ....: _.-".-_ _..--...0....,_____'"'''''', "_~_.r..__.~._~.._ ,-"---"_".,_,, -,-,---", .._-
Q Copyright 2001-2005 LobbyTools
Our PrlvacyJ".Qlicy and S.y!:ll!l<d~r Agr~.Qm~l!1J
V.3.0
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HB 13 6 3
1 A bill to be entitled
2 An act relating to affordable housing; creating s.
3 125.379, F.S.; providing for disposition of county
4 property for affordable housing; amending s. 163.31771,
5 F.S., relating to accessory dwelling units; revising
6 legislative findings and definitions; conforming cross-
7 references; amending s. 163.3187, F.S.; revising a
8 limitation relating to small scale comprehensive plan
9 amendments involving the construction of affordable
10 housing units; creating s. 166.0451, F.S.; providing for
11 disposition of municipal property for affordable housing;
12 providing a statement of important state interest;
13 amending s. 189.4155, F.S.; authorizing independent
14 special districts to provide for housing and housing
15 assistance; amending s. 191.006, F.S.; authorizing
16 independent special fire control districts to provide
17 employee housing and housing assistance; amending s.
18 197.252, F.S.; decreasing the age and increasing the
19 income threshold required for eligibility to defer ad
20 valorem property taxes; decreasing the maximum interest
21 rate that may be charged on deferred ad valorem taxes;
22 amending s. 253.034, F.S.; providing for the disposition
23 of state lands for affordable housing; amending s.
24 253.0341, F.S.; authorizing local governments to request
25 state lands be declared surplus for the purpose of
26 affordable housing; providing for use of lands that are
27 declared surplus; amending s. 295.16, F.S.; expanding the
28 disabled veteran exemption from certain license and permit
29 fees relating to dwelling improvements; amending s.
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tit 31
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380.06, F.S.; providing a greater substantial deviation
threshold for the provision of affordable housing in a
development of regional impact; conforming cross-
references; amending s. 380.0651, F.S.; providing a
statewide guidelines and standards bonus for the provision
of workforce housing; amending s. 420.0004, F.S.; defining
the term "extremely-low-income persons"; conforming cross-
references; amending s. 420.503, F.S.; revising the
definition of the term "farmworker" under the Florida
39 Housing Finance Corporation Act; providing rulemaking
40 authority; amending s. 420.5061, F.S.; conforming a cross-
41 reference; amending s. 420.507, F.S.; revising and
42 expanding the powers of the Florida Housing Finance
43 corporation relating to mortgage loan interest rates,
44 loans, loan relief, uses of loan funds, subsidiary
45 business entities, and data reporting; providing
46 rulemaking authority; amending s. 420.5087, F.S.;
47 increasing the population criteria for the State Apartment
48 Incentive Loan Program; revising criteria for loans;
49 conforming cross-references; amending s. 420.5088, F.S.;
50 expanding the scope of the Florida Homeownership
51 Assistance Program; revising loan requirements; deleting a
52 provision reserving program funds for certain borrowers;
53 repealing ss. 420.37 and 420.530, F.S., relating to the
54 State Farm Worker Housing Pilot Loan Program; amending s.
55 420.9071, F.S.; conforming a cross-reference; amending s.
56 420.9072, F.S.; conforming cross-references; amending s.
57 420.9075, F.S.; requiring local housing assistance plans
58 to define essential service personnel for the county or
59 eligible municipality and to contain a strategy for the
60 recruitment and retention of such personnel; amending s.
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61 420.9076, F.S.; conforming a cross-reference; amending s.
62 420.9079, F.S.; revising the maximum appropriation the
63 Florida Housing Finance Corporation may request each state
64 fiscal year; conforming a cross-reference; amending s.
65 1001.43, F.S.; authorizing district school boards to
66 provide affordable housing for teachers and other district
67 personnel; creating the Community Workforce Housing
68 Innovation pilot program; provides legislative findings;
69 providing definitions; providing the Florida Housing
Finance corporation with certain powers and
responsibilities relating to the program; requiring the
program to target certain entities; providing application
requirements; providing incentives for program applicants;
providing rulemaking authority; requires a report to the
Governor and Legislature; authorizing local governments to
provide density bonus incentives to landowners who donate
fee simple interest in real property to the local
government for the purpose of assisting the local
government in providing affordable housing; providing
definitions and requirements governing such donations and
81 density bonuses; amending s. 196.1978, F.S., correcting
82 cross-references; amending s. 212.08, F.S.; correcting
83 cross-references; authorizing the corporation to provide
84 funds for eligible entities for affordable housing
85 recovery in those counties that were declared eligible for
86 disaster funding after the hurricanes of 2004 and 2005 and
87 that sustained housing damage due to those storms;
88 authorizing the corporation to adopt emergency rules;
89 providing an appropriation to the Florida Housing Finance
90 Corporation to provide housing units for extremely-low-
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91 income persons; providing an appropriation to the Florida
92 Housing Finance Corporation to implement the Community
93 Workforce Housing Innovation pilot Program; providing an
94 appropriation to the Florida Housing Finance Corporation
95 for hurricane housing recovery; providing an appropriation
96 to the Department of community Affairs for the Century
97 Commission for a Sustainable Florida; providing effective
98 dates.
99
100 Be It Enacted by the Legislature of the State of Florida:
101
102
Section 1. Section 125.379, Florida Statutes, is created
103 to read:
104
125. 379 Dispoi3~tion. of countypropenyfor afforda,j)le:
105 housiI1g.~-
106
(1) BY.J1l1Yl'n 2007, and every 3 years thereafter'E!ii.<::11
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107 county shall prepar_e an inventory list of all :r::ea,l pr.()perty
108 YJithin. its jur.isdiction to which the cQuntyh()ldsntE!esilTlple
109 title that is_.appropriate for use as affordablE! . 110uEJiI!S.. ThE!
110 inventory list mustinclude theaddress and. le:galdescriptigI1 of
111 eac:h_.such real proper-ty and specify whether t.h€!. p:r:o'pertyj,~
112 vacant.or improved. The governing body of the couI1tymust.xeviE!VJ
113 t:11E! inventory list at a public hearing and may reyise it at:._!=.hE!
114 conclusion of the public hearing. The governing bqclyofthe
115 county shall adopt a resolution that includes an i.nventory li.st
116 of B_uch prope:rty following the public hearing,
117
(2) The properties identified as appropriate for use as
118 affordable housing onthe invento!.-y list adopted by t.he cOllI1t:Y
119 may beoff E!red for saleaI1d the proceeds used to purc.hase _~iiIl(j
120 for the development gfaffordable housing or to increase the
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121 loc.al government fund earmarked fora,ffordable hCl1lEJi.ng, orn_ma,y
122 be sold witha re:stric:t:ion that re:qlli.re:stl1E!.de:Ye:J()pme:nt: of the
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123 praperty as permanent affardable hausing, ar maybe danated to. a
124 nanprafit housing organizatian far the constructian af permanent
125 affardable housing. l\1ternatively, the county may atherwis~ make
126 the praperty available far use for the production and
127 preservatian afpermanent affardable housing. For purposes af
128 this sectian, the term "affordable" has the same meaning as in
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129 s.420.0004(3).
130 Section 2. Subsections (1) and (4) and paragraphs (b),
131 (d), (e), and (f) of subsection (2) ef section 163.31771,
132 Florida Statutes, are amended, and paragraph (g) is added to
133 subsection (2) of that sectien, to read:
134 163.31771 Accessory dwelling units.--
135 (1) The Legislature finds that the median price of homes
136 in this state has increased steadily ever the last decade and at
137 a greater rate of increase than the median income in many urban
138 areas. The Legislature finds that the cost of rental housing has
139 also increased steadily and the cost often exceeds an amount
140 that is affordable to. extremely-l,?w-income, very-law-income,
141 low-incame, er moderate-income persons and has resulted in a
142 critical shortage of affordable rentals in many urban areas in
the state. This shortage of affordable rentals constitutes a
threat to the health, safety, and welfare of the residents of
the state. Therefore, the Legislature finds that it serves an
important public purpose to encourage the permitting of
accessery dwelling units in single-family residential areas in
order to increase the availability of afferdable rentals for
extremely-law-income, very-law-income, low-inceme, or moderate-
inceme persons.
(2) As used in this section, the term:
(b) "Affordable rental" means that menthly rent and
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153 utilities do not exceed 30 percent of that amount which
154 represents the percentage of the median adjusted gross annual
155 income for extremely-low-income, very-low-income, low-income, or
156 moderate-income persons.
157
(d)
"Low-income persons" has the same meaning as in s.
158 420.0004(10)~.
159
(e)
"Moderate-income persons" has the same meaning as in
160 s. 420.0004(11)~.
161
(f)
"very-Iow-income persons" has the same meaning as in
162 s. 420.0004(15)~.
163
(g)
"Extremely-low- il1come persons" has the same meaning as
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164 in s. 420.0004(8).
165 (4) If the local government adopts an ordinance under this
166 section, an application for a building permit to construct an
167 accessory dwelling unit must include an affidavit from the
168 applicant which attests that the unit will be rented at an
169 affordable rate to an extremely~low-income. ... very-Iow-income.
170 low-income, or moderate-income person or persons.
171
Section 3. Paragraph (c) of subsection (1) of section
172 163.3187, Florida Statutes, is amended to read:
173 163.3187 Amendment of adopted comprehensive plan.--
174 (1) Amendments to comprehensive plans adopted pursuant to
175 this part may be made not more than two times during any
176 calendar year, except:
177
(c) Any local government comprehensive plan amendments
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178 directly related to proposed small scale development activities
179 may be approved without regard to statutory limits on the
180 frequency of consideration of amendments to the local
181 comprehensive plan. A small scale development amendment may be
182 adopted only under the following conditions:
183
1. The proposed amendment involves a use of 10 acres or
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184 fewer and:
185
a. The cumulative annual effect of the acreage for all
186 small scale development amendments adopted by the local
187 government shall not exceed:
188
(I) A maximum of 120 acres in a local government that
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189 contains areas specifically designated in the local
190 comprehensive plan for urban infill, urban redevelopment, or
191 downtown revitalization as defined in s. 163.3164, urban infill
192 and redevelopment areas designated under s. 163.2517,
193 transportation concurrency exception areas approved pursuant to
194 s. 163.3180(5), or regional activity centers and urban central
195 business districts approved pursuant to s. 380.06(2) (e);
196 however, amendments under this paragraph may be applied to no
197 more than 60 acres annually of property outside the designated
198 areas listed in this sub-sub-subparagraph. Amendments adopted
199 pursuant to paragraph (k) shall not be counted toward the
200 acreage limitations for small scale amendments under this
201 paragraph.
202
(II) A maximum of 80 acres in a local government that does
203 not contain any of the designated areas set forth in sub-sub-
204 subparagraph (I).
205
(III) A maximum of 120 acres in a county established
206 pursuant to s. 9, Art. VIII of the State Constitution.
207 b. The proposed amendment does not involve the same
208 property granted a change within the prior 12 months.
209
c. The proposed amendment does not involve the same
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210 owner's property within 200 feet of property granted a change
211 within the prior 12 months.
212 d. The proposed amendment does not involve a text change
213 to the goals, policies, and objectives of the local government's
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214 comprehensive plan, but only proposes a land use change to the
215 future land use map for a site-specific small scale development
216 activity.
217 e. The property that is the subject of the proposed
218 amendment is not located within an area of critical state
219 concern, unless the project subject to the proposed amendment
220 involves the construction of affordable housing units meeting
221 the criteria of s. 420.0004(3), and is located within an area of
222 critical state concern designated by s. 380.0552 or by the
223 Administration Commission pursuant to s. 380.05(1). Such
224 amendment is not subject to the density limitations of sub-
225 subparagraph f., and shall be reviewed by the state land
226 planning agency for consistency with the principles for guiding
227 development applicable to the area of critical state concern
228 where the amendment is located and shall not become effective
229 until a final order is issued under s. 380.05(6).
230 f. If the proposed amendment involves a residential land
231 use, the residential land use has a density of 10 units or less
232 per acre or the proposed future land use category allows a
233 maximum residential density of the same or less than the maximum
234 residential density allowable under the existing future land use
235 category, except that this limitation does not apply to small
236 scale amendments involving the construction of affordable
237 housing units meeting the criteria of s. 420.0004(3) on property
238 which will be the subject of a land use restriction agreement ~
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239 g)'tQRQ~~ \a.~g AJr~~m~Rt rg~Qr~9~ iR 22JX1jnR~ti'i':r;a Hit~ tR~ i.6H~'1~>><l~Q
240 gf t3J' ~J~gmFt ~QR~ fjR7~QiR3 gr 2R ~11Qg2tiQR Qf fQ~gx~l t~K
241 9rQgit~ ih:fiiln~.6Q t.R.r~n~lg1a tR9 F1Qri&i.A W2'1&'i1<l.g .iR21:r;a~'i' CQrFgrAt.igR
242 Ql" L1 19~Al R~"liiilRJ fiR7li'~g Ll"t~?rit~.. 2nsltJa&1rilil<il9 };(~. tRQ :Qi....i&li<Q>:t;a
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243 gf Y~R2 Y1R?RQQ ~f ~b9 ~tLltQ Qg~ra gf ~~miRi~~rAtj9R, or small
244 scale amendments described in sub-sub-subparagraph a. (I) that
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245
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248
249
250
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252
253
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258
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--
are designated in the local comprehensive plan for urban infill,
urban redevelopment, or downtown revitalization as defined in s.
163.3164, urban infill and redevelopment areas designated under
s. 163.2517, transportation concurrency exception areas approved
pursuant to s. 163.3180(5), or regional activity centers and
urban central business districts approved pursuant to s.
380.06 (2) (e).
2.a. A local government that proposes to consider a plan
amendment pursuant to this paragraph is not required to comply
with the procedures and public notice requirements of s.
163.3184(15) (c) for such plan amendments if the local government
complies with the provisions in s. 125.66(4) (a) for a county or
in s. 166.041(3) (c) for a municipality. If a request for a plan
amendment under this paragraph is initiated by other than the
259 local government, public notice is required.
260 b. The local government shall send copies of the notice
261 and amendment to the state land planning agency, the regional
262 planning council, and any other person or entity requesting a
263 copy. This information shall also include a statement
264 identifying any property subject to the amendment that is
265 located within a coastal high-hazard area as identified in the
266 local comprehensive plan.
267 3. Small scale development amendments adopted pursuant to
268 this paragraph require only one public hearing before the
269 governing board, which shall be an adoption hearing as described
270 in s. 163.3184(7), and are not subject to the requirements of s.
271 163.3184(3)-(6) unless the local government elects to have them
272 subject to those requirements.
273 4. If the small scale development amendment involves a
274 site within an area that is designated by the Governor as a
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275 rural area of critical economic concern under s. 288.0656(7) for
276 the duration of such designation, the 10-acre limit listed in
277 subparagraph 1. shall be increased by 100 percent to 20 acres.
278 The local government approving the small scale plan amendment
279 shall certify to the Office of Tourism, Trade, and Economic
280 Development that the plan amendment furthers the economic
281 objectives set forth in the executive order issued under s.
282 288.0656(7), and the property subject to the plan amendment
283 shall undergo public review to ensure that all concurrency
284 requirements and federal, state, and local environmental permit
285 requirements are met.
286
section 4. Section 166.0451, Florida Statutes, is created
287 to read:
288
166.0451 Disposition of municipal property for affordabJe
289 housing. --
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290
(1) By July 1,2007, and every 3 years the~eafter:, each
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291 municipality shall prepare an inventory list of all real
292 pJ:gpE!rty wi t:hJn its jurisdiction to whichn the munic:Jpali tyJIOJd."
293 fee simple titleth<3:tisappropriate.for use as affordablE!
294 houi3ing.The inventory listmust include the address aIldlegal
295 description of each such property and specify whether tl1e
296 prClpertYls vacant or it1\proved. The goyerning pody of the
297 municipality mustl:"eview tho= inventory list ata pUl:>lic.l1~ar~ng
298 andll\aYJ:eyise it at the conclusion gf the pUbliCnl1",ariI1g.
299 Following the public hearing, tl1e goyerning body Of the
300 m.unicipality shall adopt a resolution that includes al1. inventory
301 list of such property,
302 (2) The properties identified as appr9priate.fol:" usE! as
303 affordable housing ()n the inventory list adopted by th~
304 municipality may be offered for sale and the proceeds may be
305 used to purchase landnfor theejevo=lopment of afJoJ:clable hQ1,lJ:;irl9
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306 or to increase the local govE!rnment fund earmarked for
307 affordable housing, or may be sold with a.restriction that
308 requires the development of the property.as permanent affordable
309 housing, or may be donated to a nonprofit housing organization
310 for the construction of permanent affordable housing.
311 Alternatively, the municipality may otherwise make the property
312 available for use for the production and preservation of
313 permanent affordable housing. For purposes of this section, the
314 term "affordable" has the same meaning as in s, 420.0004 (3) .
Section 5. The Legislature finds that providing
affordable housing is vitally important to the. health, safety,
and welfare of the residents of this state. Furthermore, the
Legislature finds that escalating property values and
development costs have contributed to the inadequate supply of
housing for low- and moderate- income residents of this state.
The Legislature further finds that there is a shortage of sites
available for housing for persons and families with low and
moderate incomes and that surplus government land, when
appropriate, should be made available for that purpose,
Therefore, the Legislature determines and declares that this act
fulfills an important state interest.
Section 6. Subsection (6) is added to section 189.4155,
328 Florida Statutes. to read:
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315
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325
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327
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329
189.4155 Activities of special districts; local government
330 comprehensive planning.--
331
(6) Any indeI?endent district created und~r aspec:iaLact
332 or general law, including, but not limited to, chapter 189,
333 chapter 190,_ chapter 191, or chapter 298, for the purpose of
334 providing url:J.an infra:5tructure oLservicesmay provide housing
335 and housing assistance for its employed personnel whose total
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336 annual household income does not exceed 140 percent of the area
337 median income, adjusted for family~size.
338
Section 7. Subsection (19) is added to section 191.006,
339 Florida Statutes, to read:
340 191.006 General powers.--The district shall have, and the
341 board may exercise by majority vote, the following powers:
342
(19) To provide housing or housing assistance for its
343 employed personnel whose total annual household income does not
344 exceed 140 percent of the area median income, adjusted for
345 family size.
346
Section 8. Paragraph (b) of subsection (2) and subsection
347 (4) of section 197.252, Florida Statutes, are amended to read:
197.252 Homestead tax deferral.--
348
349
350
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356
357
358
359
360
361
362
363
364
-- 365
366
(2)
(b) If lliI t:lil.17il \ii"\ii];lt the applicant is entitled to claim the
351 increased exemption by reason of age and residency as provided
352 in s. 196.031(3) (a), approval of the ~ application shall
353 defer that portion of the ~ ad valorem taxes plus non-ad
354 valorem assessments which exceeds 3 percent of the applicant's
household lil.\I""\iilil.iila'lil income for the prior calendar year. If
any ~ applicant's household income for the prior calendar
year is less than $10,000, or is less than the amount of the
household income designated for the additional homestead
exemption pursuant to s. 196.075, and the $T:d,QQQ if ""'>]1;<
applicant is 65 ~ years of age or older, approval of the ~
application shall defer the ~ ad valorem taxes plus non-ad
valorem assessments in their entirety.
(4) The amount of taxes, non-ad valorem assessments, and
interest deferred under ".Ulill:<ilRt tlil this act shall accrue
interest at a rate equal to the semiannually compounded rate of
one-half of 1 percent plus the average yield to maturity of the
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367 long-term fixed-income portion of the Florida Retirement System
368 investments as of the end of the quarter preceding the date of
369 the sale of the deferred payment tax certificates; however, the
370 interest rate may not exceed 7 ~ percent.
--
371
373
374
375
376
377
378
379
380
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382
383
384
385
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Section 9. paragraph (f) of subsection (6) of section
372 253.034, Florida Statutes, is amended to read:
253.034 State-owned lands; uses.--
(6) The Board of Trustees of the Internal Improvement
Trust Fund shall determine which lands, the title to which is
vested in the board, may be surplused. For conservation lands,
the board shall make a determination that the lands are no
longer needed for conservation purposes and may dispose of them
by an affirmative vote of at least three members. In the case of
a land exchange involving the disposition of conservation lands,
the board must determine by an affirmative vote of at least
three members that the exchange will result in a net positive
conservation benefit. For all other lands. the board shall make
a determination that the lands are no longer needed and may
dispose of them by an affirmative vote of at least three
386 members.
387
(f}l. In reviewing lands owned by the board, the council
388 shall consider whether such lands would be more appropriately
389 owned or managed by the county or other unit of local government
390 in which the land is located. The council shall recommend to the
391 board whether a sale, lease, or other conveyance to a local
392 government would be in the best interests of the state and local
393 government. The provisions of this paragraph in no way limit the
394 provisions of ss. 253.111 and 253.115. Such lands shall be
395 offered to the state, county, or local government for a period
396 of 30 days. permittable uses for such surplus lands may include
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397
-- 398
399
400
401
402
403
404
405
406
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public schools; public libraries; fire or law enforcement
substations; ~ governmental, judicial, or recreational
centers; and affordable housing meeting the cJ:"i teria of s.
420. OO~O~'L(}L. County or local government requests for surplus
lands shall be expedited throughout the surplusing process. If
the county or local government does not elect to purchase such
lands in accordance with s. 253.111, then any surplusing
determination involving other governmental agencies shall be
made upon the board deciding the best public use of the lands.
Surplus properties in which governmental agencies have expressed
407 no interest shall then be available for sale on the private
408 market.
409 2. Notwithstanding subparagraph 1., any surplus lands that
410 were acquired by the state prior to 1958 by a gift or other
411 conveyance for no consideration from a municipality, and which
412 the department has filed by July 1, 2006, a notice of its intent
413 to surplus, shall be first offered for reconveyance to such
414 municipality at no cost, but for the fair market value of any
415 building or other improvements to the land, unless otherwise
416 provided in a deed restriction of record. This subparagraph
417 expires July 1, 2006.
418 Section 10. Section 253.0341, Florida Statutes, is amended
419 to read:
420
253.0341 Surplus of state-owned lands to counties or local
421 governments.--counties and local governments may submit
422 surplusing requests for state-owned lands directly to the board
423 of trustees. County or local government requests for the state
424 to surplus conservation or nonconservation lands, whether for
425 purchase or exchange, shall be expedited throughout the
426 surplusing process. Property jointly acquired by the state and
427 other entities shall not be surplused without the consent of all
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428 joint owners.
429 (1) The decision to surplus state-owned nonconservation
430 lands may be made by the board without a review of, or a
431 recommendation on, the request from the Acquisition and
432 Restoration Councilor the Division of State Lands. Such
433 requests for nonconservation lands shall be considered by the
434 board within 60 days of the board's receipt of the request.
435 (2) County or local government requests for the surplusing
436 of state-owned conservation lands are subject to review of, and
437 recommendation on, the request to the board by the Acquisition
438 and Restoration Council. Requests to surplus conservation lands
439 shall be considered by the board within 120 days of the board's
440 receipt of the request.
441 (3L~local government may request t:h.at state laI1.<:lsu.q<:
EipeciJ:i-c;:.~;Lly decla:redsurplus lands for thepurp2s~ of IJ:t'()vtd:i-Ilg
affor:daj:lle housiI1g. The request shall_comply with the
:requi rements of subsect ion (1) if the landEi ar~ I10I1.c2I1Eit:rvCl:t:i::::~I~
tClI1.9sor suqsection (2) if the lands are conservation lands.
SurpluEi . lands .that areconveyed to a local government for
<>.U():r.ciiible housing shall be disposed of . by the local govt:t'I1rtl_ent
llI1dertl1eprovisions of 8.125.379 or s. 166.0451.
Section 11. Section 295.16, Florida Statutes, is amended
450 to read:
451 295.16 Disabled veterans exempt from certain license or
452 permit fee.--No totally and permanently disabled veteran who is
453 a resident of Florida and honorably discharged from the Armed
454 Forces, who has been issued a valid identification card by the
455 Department of Veterans' Affairs in accordance with s. 295.17 or
456 has been determined by the United States Department of Veterans
457 Affairs or its predecessor to have a service-connected 100-
e
tit 442
443
444
445
446
447
448
449
4ft
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458
- 459
460
461
462
463
464
465
466
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percent disability rating for compensation, or who has been
determined to have a service-connected disability rating of 100
percent and is in receipt of disability retirement pay from any
branch of the uniformed armed services, shall be required to pay
any license or permit fee, by whatever name known, to any county
or municipality in order to make improvements upon a dWE:l1iIl.9:
~~9i19 ~9W9 owned by the veteran which is used as the veteran's
residence, provided such improvements are limited to ramps,
widening of doors, and similar improvements for the purpose of
467 making the dwelling m~Jid] fil ~W1~g habitable for veterans confined
468 to wheelchairs.
469
Section 12. Paragraphs (b) and (e) of subsection (19) of
470 section 380.06, Florida Statutes, are amended, and paragraph (i)
471 is added to that subsection, to read:
472
473
474
380.06 Developments of regional impact.--
(19) SUBSTANTIAL DEVIATIONS.--
(b) Any proposed change to a previously approved
475 development of regional impact or development order condition
476 which, either individually or cumulatively with other changes,
477 exceeds any of the following criteria shall constitute a
478 substantial deviation and shall cause the development to be
479 subject to further development-of-regional-impact review without
480 the necessity for a finding of same by the local government:
481
1. An increase in the number of parking spaces at an
482 attraction or recreational facility by 5 percent or 300 spaces,
483 whichever is greater, or an increase in the number of spectators
484 that may be accommodated at such a facility by 5 percent or
485 1,000 spectators, whichever is greater.
486
2. A new runway, a new terminal facility, a 25-percent
487 lengthening of an existing runway, or a 25-percent increase in
488 the number of gates of an existing terminal, but only if the
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489 increase adds at least three additional gates.
490 3. An increase in the number of hospital beds by 5 percent
491 or 60 beds, whichever is greater.
492
4. An increase in industrial development area by 5 percent
493 or 32 acres, whichever is greater.
494
5. An increase in the average annual acreage mined by 5
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495 percent or 10 acres, whichever is greater, or an increase in the
496 average daily water consumption by a mining operation by 5
497 percent or 300,000 gallons. whichever is greater. An increase in
498 the size of the mine by 5 percent or 750 acres, whichever is
499 less. An increase in the size of a heavy mineral mine as defined
500 in s. 378.403(7) will only constitute a substantial deviation if
501 the average annual acreage mined is more than 500 acres and
502 consumes more than 3 million gallons of water per day.
503 6. An increase in land area for office development by 5
504 percent or an increase of gross floor area of office development
505 by 5 percent or 60,000 gross square feet, whichever is greater.
506
7. An increase in the storage capacity for chemical or
507 petroleum storage facilities by 5 percent. 20,000 barrels, or 7
508 million pounds, whichever is greater.
509
8. An increase of development at a waterport of wet
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510 storage for 20 watercraft, dry storage for 30 watercraft, or
511 wet/dry storage for 60 watercraft in an area identified in the
512 state marina siting plan as an appropriate site for additional
513 waterport development or a 5-percent increase in watercraft
514 storage capacity, whichever is greater.
515 9. An increase in the number of dwelling units by 5
516 percent or 50 dwelling units, whichever is greater.
517 10. An increase in the number of dwelling uI11ts bY~Q
518 percent, or. 200tlnits, whichever is greater, provided.tl1,at15
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519 percEOnt oftl1eproposeci additional dwelling units a:re d~dic;at;E?q
520 toaffor:dable workforce housing, subject to a recorded land use
521 re,striction tha,t sl1al1 be for a period of not less than 29yeCir,s
522 anq thatu:hnc11.lcl.8S rEOsa)e provisions t.o ensure .long-terlll
523 aff()rdabilitYfor income-eligible homeownersclnd r.e!)ters and
524 pro,,:Lsions..for t;he workforce housing tobe commencedpri()I' to
525 the.c;()mpletionof 50 percent of the market rate dwelling. F()r
526 purposes of this subparagraph, the term ".affordable workforC;:t=
527 l:1ousi!)g" means housing that is affordClble to a perso!) who.e.Cir.ns
528 less than 120 percent of the area median incoffie;, or less than
529 140Pe;r:cent of the area median income. if located in acount.Y in
530 whichthernEl.c:iian purcha,se price for a single-family exist.:LI1g
531 home e:xc:e.eds the statewide median purchase price. of asi.ngle-
532 family existing home. For purposes of this subparagraph, the
533 term ",stat:ewide median purchase price of a single-family
534 extst:::i.ng home'~ means the statewide purchase price. Cis de.t.:eF.!!'~:Ii.E:!.cl.
535 in the Florida Sales Report, Single-Family Existing HOIl\es,
536 r:e..1ease;de;Ci.chupJanuary. by.. the Florida Assoc:iatJon of Real tor:l3.....i:l!l9
537 the tJniversity of Florida Real Estate Research.Center..
--
538
11.~ An increase in commercial development by 50,000
539 square feet of gross floor area or of parking spaces provided
540 for customers for 300 cars or a 5-percent increase of either of
541 these, whichever is greater.
542
12.~ An increase in hotel or motel facility units by 5
e
543 percent or 75 units, whichever is greater.
544 13.~ An increase in a recreational vehicle park area by
545 5 percent or 100 vehicle spaces, whichever is less.
546 14.~ A decrease in the area set aside for open space of
547 5 percent or 20 acres, whichever is less.
548 15.~ A proposed increase to an approved multiuse
549 development of regional impact where the sum of the increases of
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550
e 551
552
553
554
555
556
each land use as a percentage of the applicable substantial
deviation criteria is equal to or exceeds 100 percent. The
percentage of any decrease in the amount of open space shall be
treated as an increase for purposes of determining when 100
percent has been reached or exceeded.
16.~ A lS-percent increase in the number of external
vehicle trips generated by the development above that which was
557 projected during the original development-of-regional-impact
558 review.
559
17.~ Any change which would result in development of any
560 area which was specifically set aside in the application for
561 development approval or in the development order for
562 preservation or special protection of endangered or threatened
563 plants or animals designated as endangered, threatened, or
e
564 species of special concern and their habitat, primary dunes, or
565 archaeological and historical sites designated as significant by
566 the Division of Historical Resources of the Department of State.
567 The further refinement of such areas by survey shall be
568 considered under sub-subparagraph {e)5.b.
569
570 The substantial deviation numerical standards in subparagraphs
571 4.,6.,10.,11., and 15.~, excluding residential uses, and
572 16.~, are increased by 100 percent for a project certified
573 under s. 403.973 which creates jobs and meets criteria
574 established by the Office of Tourism, Trade, and Economic
575 Development as to its impact on an area's economy, employment,
576 and prevailing wage and skill levels. The substantial deviation
577 numerical standards in subparagraphs 4., 6., 9., 10., 11., 12.,
578 and 15. ~ are increased by 50 percent for a project located
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579 wholly within an urban infill and redevelopment area designated
580 on the applicable adopted local comprehensive plan future land
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581 use map and not located within the coastal high hazard area.
582 (e)l. Except for a development order rendered pursuant to
583 subsection (22) or subsection (25), a proposed change to a
584 development order that individually or cumulatively with any
585 previous change is less than any numerical criterion contained
586 in subparagraphs Lbl_l. -].~, (lo~ 1 111 and does not exceed any
587 other criterion, or that involves an extension of the buildout
588 date of a development, or any phase thereof, of less than 5
589 years is not subject to the public hearing requirements of
590 subparagraph (f)3., and is not subject to a determination
591 pursuant to subparagraph (f)5. Notice of the proposed change
592 shall be made to the regional planning council and the state
593 land planning agency. Such notice shall include a description of
594 previous individual changes made to the development, including
595 changes previously approved by the local government, and shall
596 include appropriate amendments to the development order.
597 2. The following changes, individually or cumulatively
598 with any previous changes, are not substantial deviations:
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599
a. Changes in the name of the project, developer, owner,
600 or monitoring official.
601 b. Changes to a setback that do not affect noise buffers,
602 environmental protection or mitigation areas, or archaeological
603 or historical resources.
604 c. Changes to minimum lot sizes.
605 d. Changes in the configuration of internal roads that do
606 not affect external access points.
607
e. Changes to the building design or orientation that stay
e
608 approximately within the approved area designated for such
609 building and parking lot. and which do not affect historical
610 buildings designated as significant by the Division of
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612
611 Historical Resources of the Department of State.
f. Changes to increase the acreage in the development,
613 provided that no development is proposed on the acreage to be
615
614 added.
g. Changes to eliminate an approved land use, provided
616 that there are no additional regional impacts.
617
618
619
620
621
622
623
624
625
- 626
627
628
629
630
631
632
-
h. Changes required to conform to permits approved by any
federal, state, or regional permitting agency, provided that
these changes do not create additional regional impacts.
i. Any renovation or redevelopment of development within a
previously approved development of regional impact which does
not change land use or increase density or intensity of use.
j. Any other change which the state land planning agency
agrees in writing is similar in nature, impact, or character to
the changes enumerated in sub-subparagraphs a.-i. and which does
not create the likelihood of any additional regional impact.
This subsection does not require a development order amendment
for any change listed in sub-subparagraphs a.-j. unless such
issue is addressed either in the existing development order or
in the application for development approval, but. in the case of
the application, only if, and in the manner in which, the
633 application is incorporated in the development order.
634
3. Except for the change authorized by sub-subparagraph
635 2.f., any addition of land not previously reviewed or any change
636 not specified in paragraph (b) or paragraph (c) shall be
637 presumed to create a substantial deviation. This presumption may
638 be rebutted by clear and convincing evidence.
639 4. Any submittal of a proposed change to a previously
640 approved development shall include a description of individual
641 changes previously made to the development, including changes
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642 previously approved by the local government. The local
643 government shall consider the previous and current proposed
644 changes in deciding whether such changes cumulatively constitute
645 a substantial deviation requiring further development-of-
646 regional-impact review.
647
5. The following changes to an approved development of
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648 regional impact shall be presumed to create a substantial
649 deviation. Such presumption may be rebutted by clear and
650 convincing evidence.
651 a. A change proposed for 15 percent or more of the acreage
652 to a land use not previously approved in the development order.
653 Changes of less than 15 percent shall be presumed not to create
654 a substantial deviation.
655 b. Except for the types of uses listed in subparagraph
656 (b)17~ (~i1i , any change which would result in the development
657 of any area which was specifically set aside in the application
658 for development approval or in the development order for
659 preservation, buffers, or special protection, including habitat
660 for plant and animal species, archaeological and historical
661 sites, dunes, and other special areas.
662
c. Notwithstanding any provision of paragraph (b) to the
663 contrary, a proposed change consisting of simultaneous increases
664 and decreases of at least two of the uses within an authorized
665 multiuse development of regional impact which was originally
666 approved with three or more uses specified in s. 380.0651(3) (c),
667 (d), (f), and (g) and residential use.
668
iil An increase in the number of residential dw.~~liIlg
e
669 units shall not constitute a substantial d.e:viat:Jgn and shall not
670 l::lE! subject: to develOPment-of -regional- impac.t review f()J:'
671 additional impacts, provided that all the residential ct.....elling
672 units ..<'ire. c1E!.<:iJci'it~<:l t.o. affC)rdable workforc;e !:lousin.9:...13:li<!.t;,he
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673 total number of nE?,^,rE!.~.~dential units does not.exceed200
674 percent ofthe.~.t-lb~!:.~B1:ial deviation thr~shqJ.~.The affordable
675 workforce housing sl1allbe subject to a recordedland use
676 restrict:ion thi3.t sl1a.lLbe for a perio.d of not less than 20 ye(irs
677 and that includes res"le .provisions to. ensure .long.-:-term
678 affordability .fc::>.r:ipcome-eligible homeownel:'--,,-..aIld renters. For
679 purposes of thir;Iparagraph, the term "affordable workforce
680 hcmsing" means h()u!:)ing tl1a.t is affordablet;q__ a person who earns
681 less than 120pE!rc.entof the area median in.c.()me_.. or less than
682 140 percent of_tb.earE!amedian income if located in a county in
683 which th.e medial1. purchase price for a sing].E?-family existing
684 home exceeds the ~1:ate....ide median purchasE!prAcE? of a single-
685 family existing home. Fqrpurposesof this paragraph, the term
686 "statewide medianpurc::haseprice of a sing),e-farnily existing
687 home" means the statewide purchase price as_ determined in the
688 Florida saleSuRE!Port,Siggl.e-Family Existing Homes ,released
689 each January bYt:.l1e Florida AssociatiOD:oL Rea._lt()rs and the
690 University of FJ,O.~:id<i Real Estate Research___<:egter.
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691
Section 13. Paragraph (k) of subsection (3) of section
692 380.0651, Florida Statutes, is redesignated as paragraph (1),
693 and a new paragraph (k) is added to that subsection, to read:
694
380.0651 Statewide guidelines and standards.--
695 (3) The following statewide guidelines and standards shall
696 be applied in the manner described in s. 380.06(2) to determine
697 whether the following developments shall be required to undergo
698 development-of-regional-impact review:
699
(k) workforcehousing.--The applic:a.l:ll12 guideUnes for
-
700 residentlal de-V:EO.19Prne.D-t and the residentia.l..~omponent for
701 mul t i usec:iE?vE!lOPrnEOD-_tspall be increa!3esLby__50percent. where the
702 developer demonstrat~!3. that at least15pE?xcent of the total
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703 residential d.\'lellJ_ngl.l!lits authorized within t:l1end~vel()pment of
704 regional imp",ct""Ul be dedicated to affordaJ::JJe_\'lQrkforce
705 housing, subj ect t:q arec;orded land use r~str:ic:tion that shall
706 be fo~- a perioduClLno!:.:LE!!:lsthan20 years and.~hiit i.!lc1udes
707 resale provisionst::O.f3nstlJ:"e long-termaffor-clalJility for income-
708 eligible. homec)'IlTle.r-s; ansl renters and provistons; for the workforce
709 housing to be c;Qmrnence.Q_ prio.r- to the cqmpl.etiongJ 50 percent of
710 the market rate dwell~ng_. For purposes ()(t_his;par-agraph, the
711 term "affordable_ ,^,orkforce housing" me ",Il!3. hous;ing that is
712 affordable to ap~r:son who earns less than 120_peJ:"cent of the
713 area median j.n_comeL()Lless; th.an 140perc;e:!ltgfth.e area median
714 income i flocatE!<:l_in ...Clu county in which t::he_I11~_di.Cl!l purchase pricE!
715 for a sin91e~famUye.x:isting home exceeds the st.a,tewide mediCl,n
716 purchase price_otCl, sJn9le~family existingl}qme: For the
717 purposes of. tl1ispaXi3.g.r.CiPh, the term "sta,tE!1NiclE!l11edian purcha!3e
718 price of a sin,9JE!-_family existing home" meaIl.~ th_1: statewide
719 purchase price_iisg,etermined in the F!o.ridii Sales Report,
720 single-FamilY~.x:j.s;t~l1g.HomE!sL release<::l_eiiC:!l J",pJ.lary by the
721 Florida Association of Realtors and theU.!liver-sity of Florida
722 Real Estate_RE!!:lE!i:lrc;hCenj:er.
e
723
Section 14. Section 420.0004, Florida Statutes, is amended
724 to read:
725
420.0004 Definitions.--As used in this part, unless the
726 context otherwise indicates:
727
(1)
"Adjusted for family size" means adjusted in a manner
-
728 which results in an income eligibility level which is lower for
729 households with fewer than four people, or higher for households
730 with more than four people, than the base income eligibility
731 determined as provided in subsection (8), subsection (10) ~,
732 subsection (11) ~, or subsection (15).~, based upon a
733 formula as established by the united States Department of
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734
Housing and Urban Development.
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735
(2) "Adjusted gross income" means all wages. assets.
736 regular cash or noncash contributions or gifts from persons
737 outside the household. and such other resources and benefits as
738 may be determined to be income by the United States Department
739 of Housing and Urban Development. adjusted for family size. less
740 deductions allowable under s. 62 of the Internal Revenue Code.
741
(3)
"Affordable" means that monthly rents or monthly
742 mortgage payments including taxes, insurance. and utilities do
743 not exceed 30 percent of that amount which represents the
744 percentage of the median adjusted gross annual income for the
745 households as indicated in subsection {B), subsection (10 ) ~.
. ..... ... . '..
746 subsection (11) ~. or subsection (15) ~.
747
(4)
"Corporation" means the Florida Housing Finance
e
748
Corporation.
749
(5) "Community-based organization" or "nonprofit
750 organization" means a private corporation organized under
751 chapter 617 to assist in the provision of housing and related
752 services on a not-for-profit basis and which is acceptable to
753 federal and state agencies and financial institutions as a
754 sponsor of low-income housing.
755
(6 )
"Department" means the Department of Community
756 Affairs.
757
(7)
"Elderly" describes persons 62 years of age or older.
758
(8 )
"Extreme~L:;Lo~~incomepersonsnrn~ans one or more
759 n~t',lral persons ora_JAI11HY whose ):9.tal_AI1Jl;U~1 householc:l.in_<:9rne:
760 does not exceed 30 percent of the median annual adjustedg:r-oss
761 irlc<Jrne for housE?1101cl13 within the state. Tl1eFlorida Housing
e
762 Finance corporatiorl~a.yadjust this a.m()u~t annually by rul~ to
763 provide that in lower_income counties,u eXt:remely-low- income may
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764 exceed 30 percent of area median income and that in higher
765 income counties, extremely-low-income may beless than 30
766 percent of area median income
767
(9)~ "Local public body" means any county, municipality,
768 or other political subdivision, or any housing authority as
769 provided by chapter 421, which is eligible to sponsor or develop
770 housing for farmworkers and very-low-income and low-income
771 persons within its jurisdiction.
772
(lOi~ "Low-income persons" means one or more natural
e
773 persons or a family, the total annual adjusted gross household
774 income of which does not exceed 80 percent of the median annual
775 adjusted gross income for households within the state, or 80
776 percent of the median annual adjusted gross income for
777 households within the metropolitan statistical area (MSA) or, if
778 not within an MSA, within the county in which the person or
779 family resides, whichever is greater.
780
(ll)~ "Moderate-income persons" means one or more
781 natural persons or a family, the total annual adjusted gross
782 household income of which is less than 120 percent of the median
783 annual adjusted gross income for households within the state, or
784 120 percent of the median annual adjusted gross income for
785 households within the metropolitan statistical area (MSA) or, if
786 not within an MSA, within the county in which the person or
787 family resides, whichever is greater.
788
(12)~ "Student" means any person not living with his or
e
789 her parent or guardian who is eligible to be claimed by his or
790 her parent or guardian as a dependent under the federal income
791 tax code and who is enrolled on at least a half-time basis in a
792 secondary school, career center, community college, college, or
793 university.
794
(13)~ "Substandard" means:
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795
(a) Any unit lacking complete plumbing or sanitary
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796 facilities for the exclusive use of the occupants;
797
(b) A unit which is in violation of one or more major
798 sections of an applicable housing code and where such violation
799 poses a serious threat to the health of the occupant; or
800
(c) A unit that has been declared unfit for human
801 habitation but that could be rehabilitated for less than 50
802 percent of the property value.
803
(l4)~ "Substantial rehabilitation" means repair or
804 restoration of a dwelling unit where the value of such repair or
805 restoration exceeds 40 percent of the value of the dwelling.
806
(15) 44+ "very-low-income persons" means one or more
e
807 natural persons or a family, not including students, the total
808 annual adjusted gross household income of which does not exceed
809 50 percent of the median annual adjusted gross income for
810 households within the state, or 50 percent of the median annual
811 adjusted gross income for households within the metropolitan
812 statistical area (MSA) or, if not within an MSA, within the
813 county in which the person or family resides, whichever is
814 greater.
815
Section 15. Subsection (18) of section 420.503, Florida
816 Statutes, is amended to read:
817
818
420.503 Definitions.--As used in this part, the term:
(18) (a) "Farmworker" means a laborer who is employed on a
819 seasonal, temporary, or permanent basis in the planting,
820 cultivating, harvesting, or processing of agricultural or
821 aquacultural products and who derived at least 50 percent of her
822 or his income in the immediately preceding 12 months from such
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823
824
employment.
(b) "Farmworker" ~ includes a person who has retired as
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825 a laborer due to age, disability, or illness. In order to be
826 considered retired as a farmworker due to age under this part, a
827 person must be 50 years of age or older and must have been
828 employed for a minimum of 5 years as a farmworker before
829 retirement. In order to be considered retired as a farmworker
830 due to disability or illness, a person must:
831 l.~ Establish medically that she or he is unable to be
832 employed as a farmworker due to that disability or illness.
833 2.~ Establish that she or he was previously employed as
834 a farmworker.
B35
(c) Notwith,standing paragraphs (a) and (b),. when
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836 corporation-administered funds are used in conjunction with
837 United States Department of Agriculture Rural Development funds,
838 the term "farmworker" may mean a laborer who meets, at a
B39 minimum, the definition of "domestic farm laborer" as found in 7
840 C.F.R. s. 3560.11, as amended. The corporation may establish
841 additional criteriabyrule.
842
Section 16. Section 420.5061, Florida Statutes, is amended
843 to read:
844
420.5061 Transfer of agency assets and liabilities.--
--
845 Effective January 1, 199B, all assets and liabilities and rights
846 and obligations, including any outstanding contractual
847 obligations, of the agency shall be transferred to the
84B corporation as legal successor in all respects to the agency.
849 The corporation shall thereupon become obligated to the same
850 extent as the agency under any existing agreements and be
851 entitled to any rights and remedies previously afforded the
852 agency by law or contract, including specifically the rights of
853 the agency under chapter 201 and part VI of chapter 159. The
854 corporation is a state agency for purposes of s. 159.807 (4) (a) .
855 Effective January 1, 1998, all references under Florida law to
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856 the agency are deemed to mean the corporation. The corporation
857 shall transfer to the General Revenue Fund an amount which
858 otherwise would have been deducted as a service charge pursuant
859 to s. 215.20(1} if the Florida Housing Finance corporation Fund
860 established by s. 420.508(5), the State Apartment Incentive Loan
861 Fund established by s. 420.5087(7}, the Florida Homeownership
862 Assistance Fund established by s. 420.5088(4)~, the HOME
863 Investment partnership Fund established by s. 420.5089(1}, and
864 the Housing Predevelopment Loan Fund established by s.
865 420.525(1) were each trust funds. For purposes of s. 112.313,
866 the corporation is deemed to be a continuation of the agency,
867 and the provisions thereof are deemed to apply as if the same
868 entity remained in place. Any employees of the agency and agency
board members covered by s. 112.313(9} (a)6. shall continue to be
entitled to the exemption in that subparagraph, notwithstanding
being hired by the corporation or appointed as board members of
the corporation. Effective January 1, 1998, all state property
in use by the agency shall be transferred to and become the
property of the corporation.
Section 17. Subsections (22), (23), and (40) of section
876 420.507, Florida Statutes, are amended, and subsections (44) and
(45) are added to that section, to read:
420.507 Powers of the corporation.--The corporation shall
have all the powers necessary or convenient to carry out and
effectuate the purposes and provisions of this part, including
the following powers which are in addition to all other powers
granted by other provisions of this part:
(22) To develop and administer the State Apartment
Incentive Loan Program. In developing and administering that
program, the corporation may:
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e 870
871
872
873
874
875
877
878
879
880
881
882
883
- 884
885
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886
(a) Make first, second, and other subordinated mortgage
--
887 loans including variable or fixed rate loans subject to
888 contingent interest for all State Apartment Incentive Loans
889 provided for in this chapter based upon available cash flow of
890 the projects. The corporation shall make loans exceeding 25
891 percent of project cost available only to nonprofit
892 organizations and public bodies which are able to secure grants,
893 donations of land, or contributions from other sources and to
894 projects meeting the criteria of subparagraph 1. Mortgage loans
895 shall be made available at the following rates of interest:
896
1. Zero to 3 percent interest for sponsors of projects
e
897 that set aside at least IllJiRtili.. JR 80 percent \i\/Q"F:t1ii1\/~' of
898 their.t9tal units for residents qualifying as farmworkers as
899 defined in this part Ii) 0" Ii 111 (1Il), or commercial fishing
900 workers as defined in this part Ii) 1AQ IiQ](Ii}, or the homeless
901 as defined in s. 420.621(4) over the life of the loan.
902
2. Zero to 3 percent interest based on the pro rata share
903 of units set aside for homeless rE!sicieI1ts. if the tota,l.of such
904 un.its is less than 80percent of the units in the borrower's
905 project.
906
3. One ~ to 9 percent interest for sponsors of
907 projects targeted at populations other than farmworkers,
908 commercial fishing workers, and the homeless.
909
(b) Make loansexce<=ding 25 percent of proje~t cost when
910 the pro.ject.serves extremely-law-income persons,
911 (c) For.give indeb.tedness for a shareo! the loan
912 attributable to the units in a project reserved forext:r€.rnelY-
913 low-income persons.
914
(d)~ Geographically and demographically target the
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915 utilization of loans.
916
(e)~ Underwrite credit, and reject projects which do not
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--
917 meet the established standards of the corporation.
918 (f)~ Negotiate with governing bodies within the state
919 after a loan has been awarded to obtain local government
920 contributions.
921 (g)~ Inspect any records of a sponsor at any time during
922 the life of the loan or the agreed period for maintaining the
923 provisions of s. 420.5087.
924
(h)~ Establish, by rule, the procedure for evaluating,
925 scoring, and competitively ranking all applications based on the
926 criteria set forth in s. 420.5087(6) (c); determining actual loan
927 amounts; making and servicing loans; and exercising the powers
928 authorized in this subsection.
929
(i)~ Establish a loan loss insurance reserve to be used
e
930 to protect the outstanding program investment in case of a
931 default, deed in lieu of foreclosure, or foreclosure of a
932 program loan.
933 (23) To develop and administer the Florida Homeownership
934 Assistance Program. In developing and administering the program,
935 the corporation may:
936 (a)l. Make subordinated loans to eligible borrowers for
937 down payments or closing costs related to the purchase of the
938 borrower's primary residence.
939
2. Make permanent loans to eligible borrowers related to
--
940 the purchase of the borrower's primary residence.
941 3. Make subordinated loans to nonprofit sponsors or
942 developers of housing for purchaseofp:!;C?peXt.YL for
943 construction,. ort;or financing of housing to be offered for sale
944 to eligible borrowers as a primary residence at an affordable
945 price.
946 (b) Establish a loan loss insurance reserve to supplement
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947 existing sources of mortgage insurance with appropriated funds.
-
948
(c) Geographically and demographically target the
949 utilization of loans.
950 (d) Defer repayment of loans for the term of the first
951 mortgage.
952 (e) Establish flexible terms for loans with an interest
953 rate not to exceed 3 percent per annum and which are
954 nonamortizing for the term of the first mortgage.
955
(f) Require repayment of loans upon sale, transfer,
956 refinancing, or rental of secured property, unless otherwise
957 approved by the corporation.
958
(g) Accelerate a loan for monetary default, for failure to
959 provide the benefits of the loans to eligible borrowers, or for
960 violation of any other restriction placed upon the loan.
961 (h) Adopt rules for the program and exercise the powers
962 authorized in this subsection.
e
963
(40) To establish subsidiary business entities
964 ~gr~gr~ti9~~ for the purpose of taking title to and managing and
965 disposing of property acquired by the corporation. Such
968
969
970
971
972
973
974
975
e 976
977
966 subsidiary business entities IiIg:q~.iJ::iltigR," shall be public
967 business entities ggr~\(r31i:i"'RIiI wholly owned by the corporation;
shall be entitled to own, mortgage, and sell property on the
same basis as the corporation; and shall be deemed businl:!l3s
entities ~grF'i?r~ti'i?iH, primarily acting as an agent <I:J?~t'" of the
state. within the meaning of s. 768.28, on the same basis as the
corporation. Any subsidiary business entity created by the
corporation shall be subject to chapters 119, 120, and 286 to
the same extent as the corporation. The supsidiary _buflines?
entities shall have authority to makerules necessa:t:"yto c()nduc_t
business and to carry out the purposes of this subsection.
(44) To adopt ];ules for the intervention an<ineg()tiatj,gI1
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e 979
980
981
982
983
984
985
986
987
988
990
991
e 992
993
994
995
996
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Page 33 of63
of terms or other actions necessary to further program goals or
avoid default of a program loan. Such rules must consider fiscal
program goals and the preservation or advancement of affordable
housing for the state.
(45) To establish by rule requirements for periodic
reporting of data, including, but not limited to, financial
data, housing market data, detailed economic and physical
occupancy on multifamily projects. and demogr9-phic data on all
housing financed through corporation programs and for
participation in a housing locator system.
Section 18. Subsections (1), (3), (5), and (6) of section
989 420.5087, Florida Statutes, are amended to read:
420.5087 State Apartment Incentive Loan Program.--There is
hereby created the State Apartment Incentive Loan program for
the purpose of providing first, second, or other subordinated
mortgage loans or loan guarantees to sponsors, including for-
profit, nonprofit, and public entities, to provide housing
affordable to very-low-income persons.
(1) Program funds shall be distributed over successive 3-
997 year periods in a manner that meets the need and demand for
998 very-low-income housing throughout the state. That need and
999 demand must be determined by using the most recent statewide
1000 low-income rental housing market studies available at the
1001 beginning of each 3-year period. However, at least 10 percent of
1002 the program funds distributed during a 3-year period must be
1003 allocated to each of the following categories of counties, as
1004 determined by using the population statistics published in the
1005 most recent edition of the Florida Statistical Abstract:
1006 (a) counties that have a population of 825.,000 or more.
1007 m~r~ ~R4~ .Q9,9QQ ~g~F121
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1008
Page 34 of 63
(b) Counties that have a population of more than liiat"lhlR
1009 100,000 but less than 825,000. ARg iQQ,QQQ ~a~~l~r ARQ
(c) Counties that have a population of 100,000 or less.
-
1010
1011
1012 Any increase in funding required to reach the 10-percent
1013 minimum shall be taken from the county category that has the
1014 largest allocation. The corporation shall adopt rules which
1015 establish an equitable process for distributing any portion of
1016 the 10 percent of program funds allocated to the county
1017 categories specified in this subsection which remains
1018 unallocated at the end of a 3-year period. Counties that have a
1019 population of 100,000 or less shall be given preference under
1020 these rules.
1021
1022
e 1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
(3) During the first 6 months of loan or loan guarantee
availability, program funds shall be reserved for use by
sponsors who provide the housing set-aside required in
subsection (2) for the tenant groups designated in this
subsection. The reservation of funds to each of these groups
shall be determined using the most recent statewide very-low-
income rental housing market study available at the time of
publication of each notice of fund availability required by
paragraph (6) (b). The reservation of funds within each notice of
fund availability to the tenant groups in paragraphs (a), (b).
and (d) may not be less than 10 percent of the funds available
1033 percent minimum shall be taken from the tenant group that has
at that time. Any increase in funding required to reach the 10-
1034 the largest reservation. The reservation of funds within each
1035 notice of fund availability to the tenant group in paragraph (c)
1036 may not be less than 5 percent of the funds available at that
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1037 time. The tenant groups are:
1038 (a) Commercial fishing workers and farmworkers;
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1039 (b) Families;
1040 (c) Persons who are homeless; and
1041 (d) Elderly persons. Ten percent of the amount reserved
1042 for the elderly shall be reserved to provide loans to sponsors
1043 of housing for the elderly for the purpose of making building
1044 preservation, health, or sanitation repairs or improvements
1045 which are required by federal, state, or local regulation or
1046 code, or lifesafety or security-related repairs or improvements
1047 to such housing. Such a loan may not exceed $750,000 per housing
1048 community for the elderly. In order to receive the loan, the
1049 sponsor of the housing community must make a commitment to match
1050 at least 5 .. percent of the loan amount to pay the cost of such
1051 repair or improvement. The corporation shall establish the rate
1052 of interest on the loan, which may not exceed 3 percent, and the
1053 term of the loan, which may not exceed 15 years; howe"er, if the
1054 lien of the corporatiClI1's encumbrance is ~lll:>or<!:i,nat~nto the lien
--
e
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
of anotherm()rtgagee, then the term may be ~ade_coterminous with
the lon9~s_tnterrn_ oufthe superior lieI1' The term of the loan
shall be established on the basis of a credit analysis of the
applicant. The corporation shall establish, by rule, the
procedure and criteria for receiving, evaluating, and
competitively ranking all applications for loans under this
paragraph. A loan application must include evidence of the first
mortgagee's having reviewed and approved the sponsor's intent to
apply for a loan. A nonprofit organization or sponsor may not
use the proceeds of the loan to pay for administrative costs,
1066
1065 routine maintenance, or new construction.
(5) The amount of the mortgage provided under this program
e
1067 combined with any other mortgage in a superior position shall be
1068 less than the value of the project without the housing set-aside
1069 required by subsection (2). However, the corporation may waive
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1070
e 1071
1072
1073
1074
1075
this requirement for projects in rural areas or urban infill
areas which have market rate rents that are less than the
allowable rents pursuant to applicable state and federal
guidelines'uCl._rlcJ. for _Il!:ojEOctswhich rese.rve ul"lits. f()r extremely-
low-income_per!>.Cll"ls. In no event shall the mortgage provided
under this program combined with any other mortgage in a
1076 superior position exceed total project cost.
1077 (6) On all state apartment incentive loans, except loans
1078 made to housing communities for the elderly to provide for
1079 lifesafety. building preservation, health, sanitation, or
1080 security-related repairs or improvements, the following
1081 provisions shall apply:
1082
(a) The corporation shall establish two interest rates in
-
1083 accordance with s. 420.507(22) (a)l. and 3. ~
1084 (b) The corporation shall publish a notice of fund
1085 availability in a publication of general circulation throughout
1086 the state. Such notice shall be published at least 60 days prior
1087 to the application deadline and shall provide notice of the
1088 temporary reservations of funds established in subsection (3).
1089 (c) The corporation shall provide by rule for the
1090 establishment of a review committee composed of the department
1091 and corporation staff and shall establish by rule a scoring
1092 system for evaluation and competitive ranking of applications
1093 submitted in this program, including, but not limited to, the
1094 following criteria:
1095
1. Tenant income and demographic targeting objectives of
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1096 the corporation.
1097 2. Targeting objectives of the corporation which will
1098 ensure an equitable distribution of loans between rural and
1099 urban areas.
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1100 3. sponsor's agreement to reserve the units for persons or
1101 families who have incomes below 50 percent of the state or local
1102 median income. whichever is higher, for a time period to exceed
1103 the minimum required by federal law or the provisions of this
1104 part.
1105
1106
4. Sponsor's agreement to reserve more than:
a. Twenty percent of the units in the project for persons
1107 or families who have incomes that do not exceed 50 percent of
1108 the state or local median income, whichever is higher; or
1109
b. Forty percent of the units in the project for persons
1110 or families who have incomes that do not exceed 60 percent of
1111 the state or local median income, whichever is higher, without
1112 requiring a greater amount of the loans as provided in this
1113 section.
e
1114
1115
5. provision for tenant counseling.
6. Sponsor's agreement to accept rental assistance
1116 certificates or vouchers as payment for rent, :\;l,-""uilr, ":\;lliltl.
1117 agr~ifi~2t~s 2r ....~.J9ka~r(lg Ar"" 2S?99pt~g .A~ F7ymg:at :t2r rsaRt QR
1118 MRits s~t 2~iQQ p~rg~2R~ t~ ~~~~g9ti~R {A), t~g ~QRgfit m~~t e~
1119 riii"Ti~Qg k?g.-PQQfilli<J tRQ 'i?~r]iJ~ratiaiiJR 7RQ ~R~ ~!,.Rll?~r, :illlSl' Frvui~Qg k?y
1120 gQx'p9r2t.incR r'l1~.
1121
7. Projects requiring the least amount of a state
1122 apartment incentive loan compared to overall project cost except
1123 that.tl"le share of.t:l1.E':_toan attr:i.butaJ:>l-e to unitsse:rviIl9
1124 extremely-low-incom~npersons shallt>€!.€,!xcluded from this
1125 reCltl~rE!ment.
1126
8. Local government contributions and local government
1127 comprehensive planning and activities that promote affordable
1128 housing.
e
1129
1130
9. Project feasibility.
10. Economic viability of the project.
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1131
1132
1133
1134
11. Commitment of first mortgage financing.
12. Sponsor's prior experience.
13. Sponsor's ability to proceed with construction.
14. Projects that directly implement or assist welfare-to-
1135 work transitioning.
1136
15. Pr:oj ects that reserve units. for eX1:remely-low- income
e
1137 persons,
1138 (d) The corporation may reject any and all applications.
1139 (e) The corporation may approve and reject applications
1140 for the purpose of achieving geographic targeting.
1141 (f) The review committee established by corporation rule
1142 pursuant to this subsection shall make recommendations to the
1143 board of directors of the corporation regarding program
1144 participation under the State Apartment Incentive Loan Program.
1145 The corporation board shall make the final ranking and the
1146 decisions regarding which applicants shall become program
1147 participants based on the scores received in the competitive
1148 ranking. further review of applications. and the recommendations
1149 of the review committee. The corporation board shall approve or
1150 reject applications for loans and shall determine the tentative
1151 loan amount available to each applicant selected for
1152 participation in the program. The actual loan amount shall be
1153 determined pursuant to rule adopted pursuant to s.
1154 420.507 (22) (h)~.
1155 (g) The loan term shall be for a period of not more than
1156 15 years; however, if both a program loan and federal low-income
1157 housing tax credits are to be used to assist a project, the
1158 corporation may set the loan term for a period commensurate with
1159 the investment requirements associated with the tax credit
1160 syndication. The term of the loan may also exceed 15 years,
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1161 however, if the lien of the corporatioTl' s encumbrance is
1162 subordinate to the. lien of another mortgagee, then the tertn m~y
1163 be made coterminous with the longest term of the superior lien
1164 RQ92f;('~Llr:# t.~ ~9JiCLf2rm ts? rg~nir6am9Rt.1ii Qf t:R9 Fgg9r~1 ~TLlti&llXl.41
1165 ~1grtJ~~~ ~~~Q~i~~iQR. The corporation may renegotiate and extend
1166 the loan in order to extend the availability of housing for the
1167 targeted population. The term of a loan may not extend beyond
1168 the period for which the sponsor agrees to provide the housing
1169 set-aside required by subsection (2).
1170
(h) The loan shall be subject to sale, transfer, or
1171 refinancing. The sale, transfer, or refinancing.of the loan
1172 shallbe consistent wi th fiscal program goals and the
1173 preseryation oradvancem~nt of affordable housing for the .st~I:.e.
1174 Wg.79""'gr, 211 1"sn!\d.ir9m9J;Jt;:6iJ :2lR9 99Agiti2DabZ 9f ~R~ lQ2lR @RLlll
1175 r~m.2iR fS?119niJXlg &12l19 , t.rAQ~f'ilr. gr r'iiafi:RLiRl9iR]
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1176
(i) The discrimination provisions of s. 420.516 shall
1177 apply to all loans.
1178
(j) The corporation may require units dedicated for the
1179 elderly.
1180
(k) Rent controls shall not be allowed on any project
1181 except as required in conjunction with the issuance of tax-
exempt bonds or federal low-income housing tax credits and
except wh~I1the sponsor l1as committed to set asidellnits~gr
extremely-low-incomepersons, in which case rents. shall PE';
restricted (it the level applicable for fede.rallow~ il1cometCix
credi t.s.
1182
1183
1184
1185
1186
1187
1188
1189
e 1190
(1) The proceeds of all loans shall be used for new
construction or substantial rehabilitation which creates
affordable, safe, and sanitary housing units.
(m) Sponsors shall annually certify the adjusted gross
1191 income of all persons or families qualified under subsection (2)
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1192 at the time of initial occupancy, who are residing in a project
funded by this program. All persons or families qualified under
subsection (2) may continue to qualify under subsection (2) in a
project funded by this program if the adjusted gross income of
those persons or families at the time of annual recertification
meets the requirements established in s. 142(d) (3) (B) of the
Internal Revenue Code of 1986, as amended. If the annual
recertification of persons or families qualifying under
subsection (2) results in noncompliance with income occupancy
requirements, the next available unit must be rented to a person
or family qualifying under subsection (2) in order to ensure
continuing compliance of the project. The corporation may waive
the annual recertification if 100 percent of the units are set
1205 aside as affordable.
1206 (n) Upon submission and approval of a marketing plan which
1207 demonstrates a good faith effort of a sponsor to rent a unit or
1208 units to persons or families reserved under subsection (3) and
1209 qualified under subsection (2), the sponsor may rent such unit
1210 or units to any person or family qualified under subsection (2)
1211 notwithstanding the reservation.
1212 (o) Sponsors may participate in federal mortgage insurance
1213 programs and must abide by the requirements of those programs.
1214 If a conflict occurs between the requirements of federal
1215 mortgage insurance programs and the requirements of this
1216 section, the requirements of federal mortgage insurance programs
1217 shall take precedence.
e 1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
e
1218
Section 19. Section 420.5088, Florida Statutes, is amended
e
1219 to read:
1220 420.5088 Florida Homeownership Assistance Program.--There
1221 is created the Florida Homeownership Assistance Program for the
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1222 purpose of assisting low-income and modera~e-income persons in
1223 purchasing a home a~_t:l1E!irprimary rE!sidence by reducing the
1224 cost of the home with below-market construction financing, by
1225 reducing the amount of down payment and closing costs paid by
1226 the borrower to a maximum of 5 percent of the purchase price, or
1227 by reducing the monthly payment to an affordable amount for the
1228 purchaser. Loans shall be made available at an interest rate
1229 that does not exceed 3 percent. The balance of any loan is due
1230 at closing if the property is sold, reJ.inanced,_reI1ted, or
1231 transferred, unless otherwise approved_lJy _t:_l1E!_c:;o:q:J()ratton.
1232
(1) For loans made available pursuant to s.
1233 420.507 (23) (a) 1. or 2.:
1234
(a) The corporation may underwrite and make those mortgage
e
1235 loans through the program to persons or families who have
1236 incomes that do not exceed 120 ~ percent of the state or local
1237 median income, whichever is greater, adjusted for family size.
1238
(b) Loans shall be made available for the term of the
1239 first mortgage.
1240
(e) Loans may not exceed A&6il limitiilii tti? the lesser of 35
1241 ~ percent of the purchase price of the home or the amount
1242 necessary to enable the purchaser to meet credit underwriting
1243 criteria.
1244
1245
(2) For loans made pursuant to s. 420.507(23) (a)3.:
(a) Availability is limited to nonprofit sponsors or
1246 developers who are selected for program participation pursuant
1247 to this subsection.
1248
(b) Preference must be given tGil liI'01mm'olRj t:,' Iil6ilHiil"'FmilRt
1249 IiIIi1&F'OI~~ti'OlRil Ail QilfiRil~ iR ~ ~~Q 911 ~Rg to community-based
1250 organizations as defined in s. 420.503.
e
1251
(c) Priority must be given to projects that have received
1252 state assistance in funding project predevelopment costs.
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1253 (d) The benefits of making such loans shall be
1254 contractually provided to the persons or families purchasing
1255 homes financed under this subsection.
1256
(e) At least 30 percent of the units in a project financed
1257 pursuant to this subsection must be sold to persons or families
1258 who have incomes that do not exceed 80 percent of the state or
1259 local median income, whichever amount is greater, adjusted for
1260 family size; and at least another 30 percent of the units in a
1261 project financed pursuant to this subsection must be sold to
1262 persons or families who have incomes that do not exceed 65 ~
1263 percent of the state or local median income, whichever amount is
1264 greater, adjusted for family size.
1265
(f) The maximum loan amount may not exceed 33 percent of
e
1266 the total project cost.
1267 (g) A person who purchases a home in a project financed
1268 under this subsection is eligible for a loan authorized by s.
1269 420.507 (23) (a) 1. or 2. in an aggregate amount not exceeding the
1270 construction loan made pursuant to this subsection. The home
1271 purchaser must meet all the requirements for loan recipients
1272 established pursuant to the applicable loan program.
1273 (h) The corporation shall provide, by rule, for the
1274 establishment of a review committee composed of corporation
1275 staff and shall establish, by rule, a scoring system for
1276 evaluating and ranking applications submitted for construction
1277 loans under this subsection, including, but not limited to, the
1278 following criteria:
1279 1. The affordability of the housing proposed to be built.
1280 2. The direct benefits of the assistance to the persons
1281 who will reside in the proposed housing.
1282 3. The demonstrated capacity of the applicant to carry out
--
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-
1283 the proposal, including the experience of the development team.
1284 4. The economic feasibility of the proposal.
1285
5. The extent to which the applicant demonstrates
1286 potential cost savings by combining the benefits of different
1287 governmental programs and private initiatives, including the
1288 local government contributions and local government
1289 comprehensive planning and activities that promote affordable
1290 housing.
1291
6. The use of the least amount of program loan funds
1292 compared to overall project cost.
1293
1294
7. The provision of homeownership counseling.
8. The applicant's agreement to exceed the requirements of
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1295 paragraph (el.
1296 9. The commitment of first mortgage financing for the
1297 balance of the construction loan and for the permanent loans to
1298 the purchasers of the housing.
1299 10. The applicant's ability to proceed with construction.
1300 11. The targeting objectives of the corporation which will
1301 ensure an equitable distribution of loans between rural and
1302 urban areas.
1303 12. The extent to which the proposal will further the
1304 purposes of this program.
1305 (il The corporation may reject any and all applications.
1306 (jl The review committee established by corporation rule
1307 pursuant to this subsection shall make recommendations to the
1308 corporation board regarding program participation under this
1309 subsection. The corporation board shall make the final ranking
1310 for participation based on the scores received in the ranking,
1311 further review of the applications, and the recommendations of
1312 the review committee. The corporation board shall approve or
1313 reject applicants for loans and shall determine the tentative
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1314 loan amount available to each program participant. The final
e
1315 loan amount shall be determined pursuant to rule adopted under
1316 s.420.507(23)(h).
1317
(3) The corporation shall publish a notice of fund
1318 availability in a publication of general circulation throughout
1319 the state at least 60 days prior to the anticipated availability
1320 of funds.
1321
{'1~ D"rj~J tRg f~--Qt. P mQRtk~ gf f~]RQ :a....Llil~pilityl
1322
(:J.; ~i){t~p }?&lr9<idRt ~f t};ar:;a pr~JrAm f']Rg~ QJ;;tL\ll ?Qa rQ~~rHg&l
1323 tQr 'Jlig :g~r 9~rrQ~lgrf2g pi"T&f"2Rt t9 iiI ~L1Q i?~(:d~) {:;;I) 1 1
1324
l,IiQ) T.'91X1t.'/ p9rggRt Qf tR)d FrQgr2fR f"R&iiia ~~Ltll li?~ rQ~gr""~~
1325 fg:r; '.a~'ia tr~' liaQrr9"sar~ pHr&l"2RK t~ ~ ~Ag iQ?(:dJ} (:A):d I ~~~
1326
{~} Tn9lXl~~' F9r'Ql'illXlt 9f tR9 prQ3'r:a-m I")?Q'V fla};;JAll li?~ rglia&lr~rQ~
1327 fill' 'olilil Ii~' liiil'l'g"iH"1il p'oll'lillllaR" "Iil Iil 4.:a~ i~: (:l:i) tAl:i
e
1328
1329
If tFJQ Ll~F<li~LAtigR ~f "t);aQ63)a !'19r2~}(ltA<3g~ ngQslla gLl'lSsa t};aQ
1330 r'il~~r.uA.tiQlXl Qt ~rQ'Jr:am f'lJi(l&l.ti' 1.s1.Ragr p'Llr21]rAFR {A) t:2 Ji?g l~&j&l t};;lLlid.
1331 il milli~~, tk9 rg~2r""LltiaR I9r F7r2Jr2F~ (~) fla~All ~g iRgrg~~~~
1332 t.Q tl milli&lR 9r 2111 ~HLlilaQlg f>uag". nJxtiGallQ....sar LlfR1iC\a.Rt iil 196Cl~,
1333 "itR tR9 J.R9rsa~~'QQ t9 }jag 2liitlili'mFlisR99 }Q~. r9g"~jJiJ3 tJ;a.2 rQJiQQr..,r2tiQJ;a
1334 f&r @~r~3r~@~ !~) ~r~, if RggQ~~~r~. ~~r~3rap~ (~)
1335
(4)~ There is authorized to be established by the
1336 corporation with a qualified public depository meeting the
1337 requirements of chapter 280 the Florida Homeownership Assistance
1338 Fund to be administered by the corporation according to the
1339 provisions of this program. Any amounts held in the Florida
1340 Homeownership Assistance Trust Fund for such purposes as of
1341 January 1, 1998, must be transferred to the corporation for
1342 deposit in the Florida Homeownership Assistance Fund, whereupon
-
1343 the Florida Homeownership Assistance Trust Fund must be closed.
1344 There shall be deposited in the fund moneys from the State
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1345 Housing Trust Fund created by s. 420.0005, or moneys received
1346 from any other source, for the purpose of this program and all
1347
1348
1349
1350
1351
1352
1353
1354
proceeds derived from the use of such moneys. In addition, all
unencumbered funds, loan repayments, proceeds from the sale of
any property, and any other proceeds that would otherwise accrue
pursuant to the activities of the programs described in this
section shall be transferred to this fund. In addition, all loan
repayments, proceeds from the sale of any property, and any
other proceeds that would otherwise accrue pursuant to the
activities conducted under the provisions of the Florida
1355 Homeownership Assistance Program shall be deposited in the fund
1356 and shall not revert to the General Revenue Fund. Expenditures
1357 from the Florida Homeownership Assistance Fund shall not be
1358 required to be included in the corporation's budget request or
1359 be subject to appropriation by the Legislature.
1360 (5)~ No more than one-fifth of the funds available in
1361 the Florida Homeownership Assistance Fund may be made available
1362 to provide loan loss insurance reserve funds to facilitate
1363 homeownership for eligible persons.
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1364
Section 20. Sections 420.37 and 420.5}O, Florida Statute.s,
1366
1365 are repealed.
Section 21. Subsection (25) of section 420.9071, Florida
e
1367 Statutes, is amended to read:
1368
420.9071 Definitions.--As used in ss. 420.907-420.9079,
1369 the term:
1370
(25) "Recaptured funds" means funds that are recouped by a
1371 county or eligible municipality in accordance with the recapture
1372 provisions of its local housing assistance plan pursuant to s.
1373 420.9075(5)~(g) from eligible persons or eligible sponsors who
1374 default on the terms of a grant award or loan award.
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1375
1376 Statutes, is amended to read:
Section 22. Subsection (2) of section 420.9072, Florida
-
1377
1378
1379
1380
1381
1382
1383
1384
1385
420.9072 State Housing Initiatives partnership program.--
The State Housing Initiatives Partnership Program is created for
the purpose of providing funds to counties and eligible
municipalities as an incentive for the creation of local housing
partnerships, to expand production of and preserve affordable
housing, to further the housing element of the local government
comprehensive plan specific to affordable housing, and to
increase housing-related employment.
(2) (a) To be eligible to receive funds under the program,
1387
1386 a county or eligible municipality must:
1. Submit to the corporation its local housing assistance
1388 plan describing the local housing assistance strategies
1389 established pursuant to s. 420.9075;
1390 2. Within 12 months after adopting the local housing
1391 assistance plan, amend the plan to incorporate the local housing
1392 incentive strategies defined in s. 420.9071(16) and described in
1393 s. 420.9076; and
1394 3. Within 24 months after adopting the amended local
1395 housing assistance plan to incorporate the local housing
1396 incentive strategies, amend its land development regulations or
1397 establish local policies and procedures, as necessary, to
1398 implement the local housing incentive strategies adopted by the
1399 local governing body. A county or an eligible municipality that
1400 has adopted a housing incentive strategy pursuant to s. 420.9076
1401 before the effective date of this act shall review the status of
1402 implementation of the plan according to its adopted schedule for
1403 implementation and report its findings in the annual report
1404 required by s. 420.9075 (lO,4-li4-. If as a result of the review, a
1405 county or an eligible municipality determines that the
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-
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1406 implementation is complete and in accordance with its schedule,
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1407 no further action is necessary. If a county or an eligible
1408 municipality determines that implementation according to its
1409 schedule is not complete, it must amend its land development
1410 regulations or establish local policies and procedures, as
1411 necessary, to implement the housing incentive plan within 12
1412 months after the effective date of this act, or if extenuating
1413 circumstances prevent implementation within 12 months, pursuant
1414 to s. 420.9075 (l) )~, enter into an extension agreement with
1415 the corporation.
1416
(b) A county or an eligible municipality seeking approval
1417 to receive its share of the local housing distribution must
1418 adopt an ordinance containing the following provisions:
1419
1. Creation of a local housing assistance trust fund as
e
1420 described in s. 420.9075(6)~.
1421 2. Adoption by resolution of a local housing assistance
1422 plan as defined in s. 420.9071(14) to be implemented through a
1423 local housing partnership as defined in s. 420.9071(18).
1424
3. Designation of the responsibility for the
1425 administration of the local housing assistance plan. Such
1426 ordinance may also provide for the contracting of all or part of
1427 the administrative or other functions of the program to a third
1428 person or entity.
1429
4. Creation of the affordable housing advisory committee
1430 as provided in s. 420.9076.
1431
1432 The ordinance must not take effect until at least 30 days after
1433 the date of formal adoption. Ordinances in effect prior to the
1434 effective date of amendments to this section shall be amended as
e
1435 needed to conform to new provisions.
1436
Section 23. Paragraph (c) of present subsection (4) of
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1437 section 420.9075, Florida Statutes, is amended, subsections (3)
1438 through (12) are renumbered as subsections (4) through (13).
1439 respectively, and a new subsection (3) is added to that section,
1440 to read:
1441
1442
420.9075 Local housing assistance plans; partnerships.--
(3) (a) Eachl05,~1 hpusing assis~~nce_21an..~.h9-1~.inc1ude a
1443 definition ofesser'lti.al servicepersonneLfor thEe. county or
1444 eligible_l11uni,=-i.:l~1'ili~y'uiI1.cluding, but not.:Li\1li.t!;!c:L t(),_teachers
1445 and educators,_ ()th~r13chool ciistrict, commuJ:1itycolleg~, and
1446 university empl()yees,police andfir~. PE!rs()nr'l~L health care
1447 personnel, skilled building trades personnel,anclother job
1448 categories.
1449
(b) Each ,=-ou.nty an.d each eligible mtlr'l:i:S:!pality is
e
1450 encouraged todeyelopa strategy within itslOc:.:ilhousing
1451 assistancepl~n_ that_emphasizesthe.recrl.litllteI1t and rec.ention of
1452 essential sE!I:yice. p_el:"sonnel. The localgovernn\E:I1t is encouraged
1453 to invo.lvep.ublic and private sector emplClY.E!..rs,_CompJiancew~th
1454 the el igibili t:,y c~iter:Ja established uncier.tl1i.:s_13t:ra tE!9Y shall
1455 be verifiedl:Jy thecouI}ty or eligible 111unicipality.
1456
(c)
Each county and each eligible muI1i<::i.:pality is
1457 encouragegto cieYE::JoP a strategy within itsloc:CiJ.h()tls:ing
1458 assistance.p..1~n .thCl.t.. iicidresses the nE?eds_oJ perEJO!1s who are
1459 deprived()f affordable housing due to the .c:L.<?EJure of a mobile
1460 home park_g.r.t:!1~_c:QI}.ve.rsion of a~forci?ibl,E? re_~t:aL..tlnits to
1461 condominiums.
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1462 (5)~ The following criteria apply to awards made to
1463 eligible sponsors or eligible persons for the purpose of
1464 providing eligible housing:
1465 (c) The sales price or value of new or existing eligible
1466 housing may not exceed 90 percent of the average area purchase
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1467 price in the statistical area in which the eligible housing is
-
1468 located. Such average area purchase price may be that calculated
1469 for any 12-month period beginning not earlier than the fourth
1470 calendar year prior to the year in which the award occurs or as
1471 otherwise establisftE!d!;ly the United State~Il~partment of the
1472 Treasury.
1473
1474 If both an award under the local housing assistance plan and
1475 federal low-income housing tax credits are used to assist a
1476 project and there is a conflict between the criteria prescribed
1477 in this subsection and the requirements of s. 42 of the Internal
1478 Revenue Code of 1986, as amended, the county or eligible
1479 municipality may resolve the conflict by giving precedence to
1480 the requirements of s. 42 of the Internal Revenue Code of 1986.
1481 as amended, in lieu of following the criteria prescribed in this
e
1482 subsection with the exception of paragraphs (a) and (d) of this
1483 subsection.
1484
Section 24. Subsection (6) of section 420.9076, Florida
1485 Statutes, is amended to read:
1486
420.9076 Adoption of affordable housing incentive
1487 strategies; committees.--
1488
(6) within 90 days after the date of receipt of the local
1489 housing incentive strategies recommendations from the advisory
1490 committee, the governing body of the appointing local government
1491 shall adopt an amendment to its local housing assistance plan to
1492 incorporate the local housing incentive strategies it will
1493 implement within its jurisdiction. The amendment must include,
1494 at a minimum, the local housing incentive strategies specified
1495 AiU o;;l'ilfllil'ill? in par<i9".!:CiPl:1S (4) (al - (j) Jil ~:4Q ~Q"'l (].) .
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1496 Section 25. Subsection (2) of section 420.9079, Florida
1497 Statutes, is amended to read:
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-
1498 420.9079 Local Government Housing Trust Fund.--
1499 (2) The corporation shall administer the fund exclusively
1500 for the purpose of implementing the programs described in ss.
1501 420.907-420.9078 and this section. with the exception of
1502 monitoring the activities of counties and eligible
1503 municipalities to determine local compliance with program
1504 requirements, the corporation shall not receive appropriations
1505 from the fund for administrative or personnel costs. For the
1506 purpose of implementing the compliance monitoring provisions of
1507 s. 420.9075 (9l-'-ll4-, the corporation may request a maximum of one-
1508 quarter of 1 percent of the annual appropriation li::<HI9. QQQ per
1509 state fiscal year. When such funding is appropriated, the
1510 corporation shall deduct the amount appropriated prior to
1511 calculating the local housing distribution pursuant to ss.
1512 420.9072 and 420.9073.
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1513
Section 26. Subsection (12) of section 1001.43, Florida
1514 Statutes, is renumbered as subsection (13), and a new subsection
1515 (12) is added to that section, to read:
1516 1001.43 Supplemental powers and duties of district school
1517 board.--The district school board may exercise the following
1518 supplemental powers and duties as authorized by this code or
1519 State Board of Education rule.
1520
\ 12) . AFFORDABLE HOUSING '.-. A clistri ct sCl1.oo1board may use
--
1521 portions of school sites purchased within the gllidelines of the
1522 State Requirements for Educational Facilities, land deemed not
1523 usable for. educational purposes bE!cause of location or other
1524 factors, or land declared as surplus by the board to provide
1525 sic.es for affordable housing for teachers and other district
1526 per.sonnel independently or in conjunction wi th other agencies as
1527 described in subsection (5).
1528
Section 27. Cornmllnity WorkfoI:cE! Ho.using Innovation pil()t
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Program.--
(1) The Legislature finds and declares that recent rapid
increases in the median pur<::hase price of a home and the cost of
rental housing have far outstripped the incr~ases in median
income in the state,preventing essential services personnel
from living in the communities where they serve and thereby
creating the need for innovative solutions for the provision of
housing opportunities for essential services personnel.
(2) The Community Workforce Housing Innovation pilot
program is created to provide affordable rental and home
ownership community workforce housing for essential services
personnel affected by the high cost of. housing, using regulatory
incentives and state and local funds to promote local public-
private partnerships and leverage government and private
1543 resources.
1544 (3) For purposes of this section, the following
1545 definitions apply:
1529
-- 1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540
1541
1542
e
--
1546
(a)
"Workforce housl.ng" means housing affordable to
1547 natural persons or families whose total annual household income
1548 does not exceed 140 percent of the area median income,adjusted
1549 for household size, or 150 percent of area median income,
1550 adjusted for household size, in areas of critical state concern
1551 designated under s. 380.05, Florida Statutes,for which the
1552 Legislature has declared its intent to provide affordable
1553 housing, and areas that were designated as areas of critical
1554 state concern for at least: 20 consecutive years prior to removal
1555 of the designation.
1556
(b)
"Essential services personnel" means persons in need
1557 of affordable housing. w:ho are employed in occupations or
1558 professions in which they are considered essential services
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1559 personnel, as deJinecl.l:Jyeach countYiind .E:!JigJblE:: municipality
-
1560 within its respectJ':':tOul()gal housinga13~is.tan,=-~ plan pursuant to
1561 s. 420.9075(3) (a),E"lorida Statutes.
1562
(e)
"Pul:Jlic~jJ.r:i vate pa.rt;nership".. m~a.n_sanyf()rm of
1563 business entitytl1atincludes substantialir'lvolvement of at
1564 least one countY,OTi~muJ:1icipali ty ,()r oTie public sector entity,
1565 such as a scho'?L.districtnor otherurlit.'?J ],gca.1 g()vernmentin
1566 which the project is .t()l:Je located, and at least one private
1567 sector for-profj,tor}1ot-for-profit business..or charitable
1568 entity, and maybe any formof busines13enqty, including a
1569 j oint venture. cn CO.rltractualagreement.
1570
(4) The Flo:rjdaHOusingFinance corporat,ion is authorized
1571 to provide Commun:i~Y .Workforce Housing rnnoyatign Pilot Program
1572 loans to an applj,ca.r'lt for construction orr:EOhabilitation of
1573 workforce housing ineligible areas. The corpgration shall
e
1574 establish a funcl.iJ:1.s.process and selection.cr_itElria by rule or
1575 request for propc:)snals. This funding is intE?nded to be used with
1576
other nPubliCa.ng..pI:ivate sector
resources.
_ ___". ,___..__a.un______
1577
(5) Thec()rr>oration shall pro"ideincentiv~s for local
1578 governments in eUg!l:JJ,eClreas to usel.()c.Cl,l Ciffordable housing
1579 funds, such ast:ho,,~. from the State Housing 1I1itiatives
1580 Pannership PrO.grCl.m,. to nclssist in m~E::tirlgHt:he i1Xfordable h()usil}9'
1581 needs of per130nseJigible underthis.pr()gr:all1'
1582
(6)
Funding13l1a1}, be targeted t()~rgjec\:s in areas where
1583 the. disparitybetwe~n the area rru::dJan income and t:he mediaJ:1
1584 sales price forasirlgle-family home is g;reatest, and for
1585 projects in area;:;..\IIh~re populationgrgwt):1a.'5a percerltage rate
1586 of increase is_g!"~_at:est. The corpo.rCition.ll1ay.also fund projects
1587 in areas wher:e.in~oyative regulatory and financial incentives
--
1588 are made available._. The corporation shallnf.tlnd at least one
1589 eligible Pl:"ojE::<::t; JI1a.smanyc:ouTities. asp()sst.ple,
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1590
1591
1592
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
e 1604
1605
1606
1607
1608
1609
1610
(7) Projects shall receive priority consideration for
funding where:
(a) The local jurisdiction adopts appropriate regulatory
incenc.ives, local contributions or financial strategies, or
other funding sources to promote the development and ongoing
financial viability of such projects. Local incentives include
such actions as expediting review of development orders and
permi ts, E;upporting development near transportation hubs and
major employment centers, and adopting land development
regulations designed to allow flexibility in densities, use of
accessory units, mixed-use developments, and flexible lot
cor,figurations. Financial strategies include such actions as
promoting employer-assisted housing programs, providing tax
increment financing, and providing land.
(bi Projects are innovative and include new construction
or rehabilitation, mixed-income housing, or commercial and
housing mixed-use element;s and those that promote homeownership.
The program funding shall not exceed the costs attributable to
the portion of the project that is set aside to provide housing
for the targeted population.
(c) Projects that set aside at least 80 percent of units
1611 for workforce housing and at least 50 percent for essential
1612 services personnel and for projects that require the least
1613 amount of progralTl funciingcompared to.the overall housing costs
1614 for the project.
-
1615
(8) Notwithstanding the provisions of s. 163.3184~3) .(6),
1616 Florida Statutes, any local government comprehensive plan
1617 amendment to implement a Community Workforce Housing Innovation
1618 Pilot Program project found consistent with the provisions of
1619 this section shall be expeditedas provided in this subsection.
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1620 At least:, 3ouciaysprior to adopting a plal"!amE:!I}dmenLPursuant to
1621 this parag.raphLthE:._l:C)~al governmerltshallI}2~gy.the state land
1622 planning agel"!cy ot its intent to adopt such an amendment. and
1623 the notice shall include its evaluation.relatE?cltQ.site
1624 suitabil i ty.andaY.:iilapili ty of fad li ties_ aI1d services. The
1625 public notice_o~_thE!nhea~ing required by s, u1.63:3184 (15) (e) ,
1626 Florida Statl.l1:;eEj, shall include a. statement .t:hCit the local
1627 government intends to utilize the expedited Cicloption process
1628 authorized bY_.1:::hi,s s1.ll:Jsection. Such amendment;sspall require
1629 only a single pUkJlic hearing before the goye:rf1~I1gnboard, which
1630 shall be aI1 Cicl9Pti9!1 heCiring as descril:Jeciin.s. 163.3184(7),
1631 Florida st.atll.t~sLC1ndthe state landplOi.!1niI}gnagenc:Ynsha,U is13ue
1632 its notice ()tinteI1t:..pursuant to s. 163.31~4C8L,F:lorida
1633 Statutes, wit;hinn30.ciays after determiningt.hatn th~ amendment
1634 package is complete.
e
1635
(9) Thec:oEP'(Jr~.!:ion shall award loan.s_~it.:h int.erest rates
1636 set at 1 to 3p~rcent, which may be made fO.:r::giyable when long-
1637 termaffordability il3.PEovided and whE?I1nCit:lE:.?:13t.sopercent of
1638 the unitsareset_Clsidefor workforCE;! hou13~I}g.Cind at least 50
1639 percent of the units Cir::esE;!taside f9:t:" _es.l3entialservices
1640 personnel.
1641 (lO!nl\lleligible ?lPplicationsshall;
1642
(a)
For h()1T\E? ()wnership, limit the sales price . of a
1643 detachedunit...!:.o_wp,home, or condominium unLt tonot more than 80
1644 percent of the medians?lle1i3 price fo.r th.at type .Of unit in that
1645 county, or thenstat:,e~ide median sales price for t;hat type of
1646 unit, whichever is higher. and require th?lt all eligible
1647 purchasersnoLhomeovmership units occupy the homes as their
1648 primary resi.dencl':!'
e
1649
(b). for rent;al units, restrict. rentl3K()r all wqrkforce
1650 housing sel;"yi!lg tho13E!. with incomes at or.._!J.E!Xo..... 120 percent of
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1651 area median income at the appropriate in(:':ome level using the
1652 restrJcted rents fornt:!1E?_federal low-i.I1s:o.n\ehousing t<:ixs:r~dg
1653 program and,for workf()rce housingl.lI1~tsEierving those with
1654 incomes above 120 pt;!J:"<::e.nt of area mediaD uincome, restrict: rents
1655 to th()se established1:>ythe corporaticlI1, not to exceed 30
1656 perceI}t:. of the ma}{i.:rnllm_.l:lou~ehold il1~_omeCicijusted to untt size.
1657
(c) Demonstratet:hat the. applica,nt. i,sn a public-priyate
1658 part:I1er.ship.
1659
(d) Have grantEi,. (jonations of land, or. contributions from
e
1660 c.he Pllbhc-pri vate 2?-rtn~rship or. otJler:: ns()urces collectiv~ly
1661 totaling at least 15p!;!rcent of thet()~CiJdevelopment cost. Such
1662 grants, donations of land, or contributions must be evidenced by
1663 a lett,€.J::"of gommitment:. <:lnlyat t.he time o!'.CiPplication.(jr:Cl.nts,
1664 donations of land, orcontribut ions i.I1exc;ess of 15 p~rc.ent of
1665 the development cost:n15hal1 increase the application 15<:Or:e..
1666 (e) DemonstrCit.e ho"" the applic1'iI1LWill use the rt;!31lJatory
1667 incentives and financial s_trate.giesou.t:Uned in. paragra,Pl1 (7)(a)
1668 fromnthe local juriscii,ction in yhic:h.ut:l1e.proposedpr.otE?<::t: is to
1669 bE::. located. The co:r:P()J:"~tion may consult. with the Depa:r:trneI}t of
1670 Community Affairs iI1.E?V"alllating the use ofregulatory.iIlcel1tives
1671 by Ci2Plicants,
1672
(fl Demonstrate that the applicant possesses title to or
1673 site control of land..Cil1cl evidences .aV"ailal:Jility of re'lllired
1674 il1frast:J:"ucture.
1675
Lg) Demonst1:<itEe the appl iCCintu'~.ClfJordable hOllii3iI19
1676 de"E!J.oPrnent and.maI1Cl9e.rnent.experien<;e..
1677
(h)
Provide 2l,nYu:r:E!search orfa.ct:;s .available support:lI}g the
e
1678 demand and need for .re_nt:;al or home o.,^,-I!E!.l:!:;l1ip. work:for:geho_using
1679 fOJ::".~ligible persons ir'lthe marketin._",hi,ch the proje.ct: is
1680 pr()posed.
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1681 (11).. p.r:()jec.ts !11ay include. manufacture(j)1()l.lEling ccmstructed
1682 afterJune 1994 and inf?taned in accordancE:; \\Tith_n\()bilehornE':
1683 installation st",ndards of the Department of Higpwi:lySafety ancl
1684 Motor Vehicles.
1685
(12) The cor::poratioI1 may adopt rules Ptl.reuant to ss.
1686 120.536 (1) and 1,~O.54..Florida Statutes, toimpt<=n\ent the
1687 provisioI1s of this section.
1688
(13 ) Th~ cgr::pora t ion may use a maximum gf Jpercent of the
1689 annual a.Ppre>PEiat::ion for administration ar'lci com12Jiance
1690 monitoring.
1691
(14) Thenc:or"poriition shall review thens:Llcg~13s of the
e
1692 CommunityW()~l<::torc:el{ous~r'lg Il1novation Pi,lot progr:am to
1693 ascertain ....he.ther:: the projects financed by tJ~e _program are
1694 useful in mee.t.ir1g the housing needs of eligil:l:Le areas. The
1695 corporation.sha),l.submit its report an(j.aI1Y recgrn!TIE,!nclations
1696 regarding~l1e..program to the Governor, the);pe'!.?:l<ergf the House
1697 of RepresEmt.:it:Jves , and the president of tl1..E=.~~.I}a!:eunot later
1698 than 2 monttl13 aftenr the end of thec:orpor::atioI1'.Elfiscal Ye'!ar.
1699
section 28. AHordable housing land.donatigndeI1sity bonus
1700 incentiv:es,--
1701
(1) blocal,government may provide dE:P13ity bonl.ls
1702 incentives pursu?,nt:nto the provisions of thi-s13~cticm t;o.?,ny
1703 landownE,!rn \Yl1()v()l.llntarily donates fee silTlpleintE!rE!st in real
1704 property c.o.t:he lOc:?ilgovernment. for the purp()se of assisting
1705 the local gOV:.E!r:l1rnen!:-n in providing nafforda.bleul1ou!5ing. Donated
1706 realpr::op~r:t::Y_nT1l\1.St.be determined by.thel<:l.calgoy.ernlTlentto be
1707 appropriat.E:nfor use as affordable housing an(j must be subject to
1708 deed restr:ict:iopsnto ensure that thepropertYn will be used for
1709 affordablel1(.lusing.
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1710
(2)
For purpo,ses of this secti()nn,tl1e t,erms."aff()rd<lble,"
1711 "extremelyn:tO\\T.:-ir'lcornepersons." ":L()\\I-in~()!11e pe.r~()ps," "moderate-
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1712 income persons ," .and."Very-low- income peri3cms, n have the same
1713 meaning as in s. ..~20.Q004, ... Florida St,atutE:13.:.
1714 (3) The deI}13itL_boIlusmay be applied to any land within
1715 the local goverI1ll1ent:~13mju.risdiction p:f()",igedt:hat residential
1716 use is an allow1ible.llcs.e on the recei"ing J-CiI}d.
1717 (4) The.ciens i tyb().nus, ident if ~ciit~().nof receiving land
1718 for the bonus ,and aI}Y. other conditions associCited with the
donat ion of the land for aqordableh.ollsing HarE'! the subject of
review and approval by. the local government. The award of
density bonus pursuant tq this sectio.n,the legal description of
the land receiving.t:hE? bonus, and any oth.er conditions
associated wit:hth.~Hbonus shall be l1\E'!moria1ize<i ina development
agreement orotl1erb~!1ding agreemen.candn :fecordE?d with the cJ.er.]{
of court in the county where the donatedlClnd and receiving l.:ind
are located.
e
1719
1720
1721
1722
1723
1724
1725
e 1726
1727
(5) The lO.c:.iilqoy~rntnent, as part of tl1l;! approval procE:si3,
1728 shall adopt a compr:ehensive plan ameI1clmeIlt,.pursuant to part I]:
of chapter 16 3 'HX],Cl_rJ<ia Statutes, fortl:1er::~ceoiving land that
incorporatestheo ci~nsity bonus. Such amencllT\ent shall be adopt~ci
in the manner as re<l.llired for small:s.<::al~a.men<ilT\ents pursuantt:Cl
s. 163.3187, Flo.r,idaHStat:lltes, isnot stll:JiE:c:.t .to. the
requirements of_ s. 16:L.3184 (3) - (6), FloridaS.t:atutes, and is
exempt from th~l~\1lgCltion on the f req\lE!r'lcy' of plan amendment:s
as provided in 13: 16~. 3187, FloridaStat;l,l_tes.
\ 6) The deed restrictions required pursuant to SllbsectioIl
(l) for an aff.o.r<iab:J,el:1ou:;;ing unitn\\lst~.l.soproh.ibit the unit
from being SO!cist:Ha price that exceeds the threshold for
housing that is~ff9_r<iable for low-i.ncgm~_or.moder:ate- incomE:'!
persons or to a .p_u'y~r who is not. eligiblE! cluE;! to his or her
income under chiiPt:E?.r420, Florida Statutes, The deed restriction
1729
1730
1731
1732
1733
1734
1735
1736
1737
1738
1739
e 1740
1741
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may allowaffordable.hqtlsing units CJ:eat:eclunder su1)section (1)
to. be Eenc.ed to extr.~..m.E:!1Y:lOw- incomeL Y~J:y-low- income, d)9w-
income, or moderate-i~come persons.
\'11 The localg9y~rnment may trCinsJ.er all oJ: aport ion of
the donated land to a l1:onprofit hous~ngorganization, such as a
commu.I1ity land trust, .1:1C)1.H3ing authority, or community
r~de\l~J()pment agency., to be used for .t:he_.production and
preseJ:vation ofperma~~l1tly affordable.l1ousing.
Section 29. Section 196.1978, Florida Statutes, is amended
1751 to read:
1752 196.1978 Affordable housing property exemption.--Property
1753 used to provide affordable housing serving eligible persons as
1754 defined by s. 159.603(7) and persons meeting income limits
1755 specified in s. 420..oqO~\B) fil A:JQ QQQq. ("'~, (10), (11), and (I5)
1756 ~, which property is owned entirely by a nonprofit entity
1757 which is qualified as charitable under s. 501 (c) (3) of the
1758 Internal Revenue Code and which complies with Rev. Proc. 96-32,
1759 1996-1 C.B. 717, shall be considered property owned by an exempt
1760 entity and used for a charitable purpose, and those portions of
1761 the affordable housing property which provide housing to
1762 individuals with incomes as defined in s. 420.0004(10)~ and
1763 (15J~ shall be exempt from ad valorem taxation to the extent
1764 authorized in s. 196.196. All property identified in this
1765 section shall comply with the criteria for determination of
1766 exempt status to be applied by property appraisers on an annual
1767 basis as defined in s. 196.195. The Legislature intends that any
1768 property owned by a limited liability company which is
1769 disregarded as an entity for federal income tax purposes
1770 pursuant to Treasury Regulation 301.7701-3(b) (1) (ii) shall be
1771 treated as owned by its sole member.
1742
e 1743
1744
1745
1746
1747
1748
1749
1750
--
--
1772
Section 30. Paragraph (0) of subsection (5) of section
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1773 212.08, Florida Statutes, is amended to read:
1774 212.08 Sales, rental, use, consumption, distribution, and
1775 storage tax; specified exemptions.--The sale at retail, the
1776 rental, the use, the consumption, the distribution, and the
1777 storage to be used or consumed in this state of the following
1778 are hereby specifically exempt from the tax imposed by this
1779 chapter.
1780
1781
1782
1783
(5) EXEMPTIONS; ACCOUNT OF OSE.--
(0) Building materials in redevelopment projects.--
1. As used in this paragraph, the term:
a. "Building materials" means tangible personal property
1784 that becomes a component part of a housing project or a mixed-
1785 use project.
1786
b. "Housing project" means the conversion of an existing
-
1787 manufacturing or industrial building to housing units in an
1788 urban high-crime area, enterprise zone, empowerment zone, Front
1789 Porch Community, designated brownfield area, or urban infill
1790 area and in which the developer agrees to set aside at least 20
1791 percent of the housing units in the project for low-income and
1792 moderate-income persons or the construction in a designated
1793 brownfield area of affordable housing for persons described in
1794 s. 420.0004(B), (10). (lll, or (15)" 0\1 QQQ'l.("l, (19), 'i<r
1795 ~, or in s. 159.603(7).
1796
c. "Mixed-use project" means the conversion of an existing
-
1797 manufacturing or industrial building to mixed-use units that
1798 include artists' studios, art and entertainment services, or
1799 other compatible uses. A mixed-use project must be located in an
1800 urban high-crime area, enterprise zone, empowerment zone, Front
1801 Porch Community, designated brownfield area, or urban infill
1802 area, and the developer must agree to set aside at least 20
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1803 percent of the square footage of the project for low-income and
1804 moderate-income housing.
1805
d. "Substantially completed" has the same meaning as
1806 provided in s. 192.042(1).
1807 2. Building materials used in the construction of a
1808 housing project or mixed-use project are exempt from the tax
1809 imposed by this chapter upon an affirmative showing to the
1810 satisfaction of the department that the requirements of this
1811 paragraph have been met. This exemption inures to the owner
1812 through a refund of previously paid taxes. To receive this
1813 refund, the owner must file an application under oath with the
1814 department which includes:
1815 a. The name and address of the owner.
1816
b. The address and assessment roll parcel number of the
e
1817 project for which a refund is sought.
1818 c. A copy of the building permit issued for the project.
1819 d. A certification by the local building code inspector
1820 that the project is substantially completed.
1821
e. A sworn statement, under penalty of perjury, from the
1822 general contractor licensed in this state with whom the owner
1823 contracted to construct the project, which statement lists the
1824 building materials used in the construction of the project and
1825 the actual cost thereof, and the amount of sales tax paid on
1826 these materials. If a general contractor was not used, the owner
1827 shall provide this information in a sworn statement, under
1828 penalty of perjury. Copies of invoices evidencing payment of
1829 sales tax must be attached to the sworn statement.
1830
3. An application for a refund under this paragraph must
-
1831 be submitted to the department within 6 months after the date
1832 the project is deemed to be substantially completed by the local
1833 building code inspector. Within 30 working days after receipt of
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1834 the application, the department shall determine if it meets the
1835 requirements of this paragraph. A refund approved pursuant to
1836 this paragraph shall be made within 30 days after formal
1837 approval of the application by the department. The provisions of
1838 s. 212.095 do not apply to any refund application made under
1839 this paragraph.
1840 4. The department shall establish by rule an application
1841 form and criteria for establishing eligibility for exemption
1842 under this paragraph.
1843 5. The exemption shall apply to purchases of materials on
1844 or after July 1, 2000.
1845
Sect ion 31. The Florida Hous in9n F.i}li:!:Ilce "." Corpora t ion i~
e
1846 authorized to prClyic.i~ nf1.lrlcls.toeligJlJlE!~I1t:Jt~es for affordab~e
1847 hcmsing recovery~n.t:h()se areas of the state which sustained
1848 housing damage duetghurricanes durirlSL~004 and 2005. The
1849 Flqr:ida Housingn FinaI1c~ Corporation shalltltilize data pr<?v~.ci~d
1850 by the" Federal E!lIerg~_ncy Management Age'!r'lCY to assist in its
1851 allocation of fund!5t()_local jurisdictigns. To administe:r:the!5~
1852 programs, the Flor:i.cl~H()using Financ:eCorporation shalLl:JE':
1853 guided by the "Hurricane Housingm Wor.k<:;J:'oupRecommendation.!3_t:.CJ
1854 Assist in FloridCi_'sl::ong Term Hgusing.~e<::overy Efforts"nre'!RClr::t
1855 dated February 16 , 2.905, and mayadopt.e111E?rgency rulespuJ:'!>tlar'lt
1856 to s. 120.54, Floriga Statutes. The Legislatl.lrefinds that
1857 emergency rulesa,cl9.Pt:ed 'pursuantto" t..hi!3. !3ection meet the
1858 health, safety, al1:d",eJfa.re requirement ofs. 120.54 (4 },Flq:r:ic:la
1859 Statutes. TheL,E:gis~~t1.l.:r:e qnds_ tl1at:_!3.tl~hnE:meJ::"genC::YJ:'ulema.~ing
1860 power is necessary. (()rthe preseryationof .the rights and
1861 welfare of thePE:()p..l.~_in order toproYLc!E:.Cicigitional fl.lncl!3.t::()
1862 assist those arl:O.a~.of .the state tll.at_ ~ntl.sta~ned housingdam~g~
1863 due to hurricanes c.l1.lJ:iI}g 2004 and 2005..Therefore, in aciopqng
-
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1864 such emergencyru~!=s, the corporatioDc need not- \1lake the findingf.>
1865 required by 5.129...54(4) (a), Florida SJ~.i:iJ:-l.lt:E'!El' Em~rgency_ rules
1866 adopted under thi13seqtion are exempt: fro.{11s. 120.54 (4) (c),
1867 Florida Statutes. 1'11l:! sUll1 of $75.9 million is CiPpropriated fr()m
1868 the Local. GoveI:l"lll1l:!I1t_.HOtlsing Trust FtlI1d t<?1:he florida Housing
1869 Finance corpor::atJgIlHfo:r1;:he Rental Recover:y.;LOaI1 Program. The
1870 sum of $15 million i.~.appl.opriateci from.th.e stat.e Housing Trust
1871 Fund to the Flor:ida_!iousin.g Finance CorpOI51tionfor the
1872 Farmworker Housing"R~covery Program and the Special Housing
1873 Assistance andJ'l:!yel02tnent Program, and thE:;___s~n1of$17 million.
1874 is appropriated fronl. the State Housing Trtlst. Fund to the Florida,
1875 Housing FinCinceCorpO:r::i:ition for the RentaJRE!.cQvery Program. The
1876 sum of $100, 000 i~.apP'ropriatedfrOlltthE!s.tat:E!HOUsing Trust
1877 Fund to theH Floridii Housing Finance corp()J:"at-ion for technical
1878 and training aS13i?tance.
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1879
Section 32. The sum of $82 ,904,OOOi~a'pprC\priatedfrom
1880 the Florida $!l1al)C_i_t.i~s. Community DevE?12P.ll1ent Block Grant
1881 program Funcl to_ t;he Department of CommllnJ.tyA,ffairs. TheSE! funds
1882 shall beusedq()I}13i13.t:ent;wit:h the FecieraLgE!gister, Vol. 71, N(),
1883 29, February 13,.2006, Docket No. FR~50:;1.~N-01!and the Action
1884 Plan for DisCl.!3t;e.:r:Recoveryapproveq l:lY tl1eu\JI1ited States
1885 Department-.of HOtl_si.n.gan.d Urban Devel()PTlle.r'l.t:. t:9. meet the needs of
1886 communities. impi:i.c:tecil:JyHurricane.s WHma aI1d ~a,trina! with a
1887 prioritizationt()warciiiffordable h9\.lsi.n9 ~I1_tl1~ most impacted
1888 areas of the state.
1889
Section 33. The sum of $50 million is <3:ppropriated from
1890 the Local Gove.r[lmentHHousing Trust Fund t;out:hE! Florida Hollsing
1891 Finance cgrporCition fO%H fiscal year2006-2007_toimplement thE:;
1892 Communlty workf:c)rce Housing rnnovationPi)()tprogram.
e
1893
Section 34. The sum of $30 millioDc.i!3 a,ppropriated from
1894 the State Housing Tru~t Fund to the ylCll:"icia Housing Finance
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1895 Corporatio.J:1 fSlEf.jsc<i..!_y~ar 2006.2007 t-oaf3sj,s.t;:. iI1 the
1896 production ofh()using un~ts for extremely-low-income persons as
1897 defined in s ..42().gQ04(B) ,Florida Sta1:\.ltes..
1898
Section 35. The s.llm of $250,000 of rec;llrriI}9 funds and
1899 $300,000 ofI}()nre_curring funds is appr02ria,te.cl.Jrom the Grants
1900 and Donations. T:r;:\lstFunci to the Departm~nt of.Co~JTIuI1ity Affairs
1901 for the purp()13e()f i.m.pJementing the provi13iol},s...o.f.. this act
1902 relatingtotl}e Century Commission for a sust.aj,nable Florida
1903 during the 2006::.~907ufiscalyear.
1904
Section 36. Except as otherwise expressly provided in this
1905 act, this act shall take effect July 1, 2006.
CODING: Words "tri.-lcI6R are deletions; words under~ined are additions.
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