STATE HOUSING INITIATIVES PARTNERSHIP
420.907 Short title.
420.9071 Definitions.
420.9072 State Housing Initiatives Partnership Program.
420.9073 Local housing distributions.
420.9075 Local housing assistance plans; partnerships.
420.9076 Adoption of affordable housing incentive strategies;
committees.
420.9078 State administration of remaining local housing distribution
funds.
420.9079 Local Government Housing Trust Fund.
420.907 Short
title.--Sections 420.907-420.9079 may be cited as the "State
Housing Initiatives Partnership Act." History.--s.
32, ch. 92-317.
420.9071
Definitions.--As used in ss. 420.907-420.9079, the term:
(1) "Adjusted for family size" means adjusted in a
manner that results in an income eligibility level that is lower
for households having fewer than four people, or higher for
households having more than four people, than the base income
eligibility determined as provided in subsection (19), subsection
(20), or subsection (28), based upon a formula established by
the United States Department of Housing and Urban Development.
(2) “Affordable” means that monthly rents or monthly
mortgage payments including taxes and insurance do not exceed
30 percent of that amount which represents the percentage of
the median annual gross income for the households as indicated
in subsection (19), subsection (20), or subsection (28). However,
it is not the intent to limit an individual household’s
ability to devote more than 30 percent of its income for housing,
and housing for which a household devotes more than 30 percent
of its income shall be deemed affordable if the first institutional
mortgage lender is satisfied that the household can afford mortgage
payments in excess of the 30 percent benchmark.
(3) "Affordable housing advisory committee" means
the committee appointed by the
governing body of a county or eligible municipality for the
purpose of recommending specific initiatives and incentives
to encourage or facilitate affordable housing as provided in
s.
420.9076.
(4) "Annual gross income" means annual income as defined
under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income
as reported under the
census long form for the recent available decennial census;
or adjusted gross income as
defined for purposes of reporting under Internal Revenue Service
Form 1040 for individual federal annual income tax purposes.
Counties and eligible municipalities shall calculate income
by annualizing verified sources of income for the household
as the amount of income to be received in a household during
the 12 months following the effective date of the determination..
(5) "Award" means a loan, grant, or subsidy funded
wholly or partially by the local housing
assistance trust fund.
(6) "Community-based organization" means a nonprofit
organization that has among its
purposes the provision of affordable housing to persons who
have special needs or have very low income, low income, or moderate
income within a designated area, which may include a municipality,
a county, or more than one municipality or county, and maintains,
through a minimum of one-third representation on the organization's
governing board, accountability to housing program beneficiaries
and residents of the designated area. A community housing development
organization established pursuant to 24 C.F.R. part 92.2 and
a community development corporation created pursuant to chapter
290 are examples of community-based organizations.
(7) "Corporation" means the Florida Housing Finance
Corporation.
(8) "Eligible housing" means any real and personal
property located within the county or the eligible municipality
which is designed and intended for the primary purpose of providing
decent, safe, and sanitary residential units that are designed
to meet the standards of
chapter 553 for home ownership or rental for eligible persons
as designated by each county or eligible municipality participating
in the State Housing Initiatives Partnership Program.
(9) "Eligible municipality" means a municipality that
is eligible for federal community
development block grant entitlement moneys as an entitlement
community identified in 24 C.F.R. s. 570, subpart D, Entitlement
Grants, or a nonentitlement municipality that is receiving local
housing distribution funds under an interlocal agreement that
provides for possession and administrative control of funds
to be transferred to the nonentitlement municipality. An eligible
municipality that defers its participation in community development
block grants does not affect its eligibility for participation
in the State Housing Initiatives Partnership Program.
(10) "Eligible person" or "eligible household"
means one or more natural persons or a family determined by
the county or eligible municipality to be of very low income,
low income, or moderate income according to the income limits
adjusted to family size published annually by the United States
Department of Housing and Urban Development based upon the annual
gross income of the household.
(11) "Eligible sponsor" means a person or a private
or public for-profit or not-for-profit entity that applies for
an award under the local housing assistance plan for the purpose
of providing eligible housing for eligible persons.
(12) "Grant" means an award from the local housing
assistance trust fund to an eligible
sponsor or eligible person to partially assist in the construction,
rehabilitation, or financing of eligible housing or to provide
the cost of tenant or ownership qualifications without requirement
for repayment as long as the condition of award is maintained.
(13) "Loan" means an award from the local housing
assistance trust fund to an eligible
sponsor or eligible person to partially finance the acquisition,
construction, or rehabilitation of.eligible housing with requirement
for repayment or provision for forgiveness of repayment if the
condition of the award is maintained.
(14) "Local housing assistance plan" means a concise
description of the local housing
assistance strategies and local housing incentive strategies
adopted by local government resolution with an explanation of
the way in which the program meets the requirements of ss. 420.907-420.9079
and corporation rule.
(15) "Local housing assistance strategies" means the
housing construction, rehabilitation, repair, or finance program
implemented by a participating county or eligible municipality
with the local housing distribution or other funds deposited
into the local housing assistance trust fund.
(16) "Local housing incentive strategies" means local
regulatory reform or incentive programs to encourage or facilitate
affordable housing production, which include at a minimum, assurance
that permits as defined in s. 163.3164(7) and (8) for affordable
housing projects are expedited to a greater degree than other
projects; an ongoing process for review of local policies, ordinances,
regulations, and plan provisions that increase the cost of housing
prior to their adoption; and a schedule for implementing the
incentive strategies. Local housing incentive strategies may
also include other regulatory reforms, such as those enumerated
in s. 420.9076 and adopted by the local governing body.
(17) "Local housing distributions" means the proceeds
of the taxes collected under chapter 201 deposited into the
Local Government Housing Trust Fund and distributed to counties
and eligible municipalities participating in the State Housing
Initiatives Partnership Program pursuant to s. 420.9073.
(18) "Local housing partnership" means the implementation
of the local housing assistance plan in a manner that involves
the applicable county or eligible municipality, lending institutions,
housing builders and developers, real estate professionals,
advocates for low-income persons, community-based housing and
service organizations, and providers of professional services
relating to affordable housing. The term includes initiatives
to provide support services for housing program beneficiaries
such as training to prepare persons for the responsibility of
homeownership, counseling of tenants, and the establishing of
support services such as day care, health care, and transportation.
(19) "Low-income person" or "low-income household"
means one or more natural persons or a family that has a total
annual gross household income that does not exceed 80 percent
of the median annual income adjusted for family size for households
within the metropolitan statistical area, the county, or the
nonmetropolitan median for the state, whichever amount is greatest.
With respect to rental units, the low-income household's annual
income at the time of initial occupancy may not exceed 80 percent
of the area's median income adjusted for family size. While
occupying the rental unit, a low-income household's annual income
may increase to an amount not to exceed 140 percent of 80 percent
of the area's median income adjusted for family size..
(20) "Moderate-income person" or "moderate-income
household" means one or more natural persons or a family
that has a total annual gross household income that does not
exceed 120 percent of the median annual income adjusted for
family size for households within the metropolitan statistical
area, the county, or the nonmetropolitan median for the state,
whichever is greatest. With respect to rental units, the moderate-income
household's annual income at the time of initial occupancy may
not exceed 120 percent of the area's median income adjusted
for family size. While occupying the rental unit, a moderate
income household's annual income may increase to an amount not
to exceed 140 percent of 120 percent of the area's median income
adjusted for family size.
(21) "Personal property" means major appliances, including
a freestanding refrigerator or stove, to be identified on the
encumbering documents.
(22) "Plan amendment " means the addition or deletion
of a local housing assistance strategy or local housing incentive
strategy. Plan amendments must at all times maintain consistency
with program requirements and must be submitted to the corporation
for review pursuant to s. 420.9072(3). Technical or clarifying
revisions may not be considered plan amendments but must be
transmitted to the corporation for purposes of notification.
(23) "Population"
means the latest official state estimate of population certified
pursuant to s. 186.901 prior to the beginning of the state fiscal
year.
(24) "Program income" means the proceeds derived from
interest earned on or investment of the local housing distribution
and other funds deposited into the local housing assistance
trust fund, proceeds from loan repayments, recycled funds, and
all other income derived from use of funds deposited in the
local housing assistance trust fund. It does not include recaptured
funds as defined in subsection (25).
(25) "Recaptured funds" means funds that are recouped
by a county or eligible municipality in accordance with the
recapture provisions of its local housing assistance plan pursuant
to s. 420.9075(4)(g) from eligible persons or eligible sponsors
who default on the terms of a grant award or loan award.
(26) "Rent subsidies" means ongoing monthly rental
assistance. The term does not include initial assistance to
tenants, such as grants or loans for security and utility deposits.
(27) "Sales price" or "value" means, in
the case of acquisition of an existing or newly
constructed unit, the amount on the executed sales contract.
For eligible persons who are
building a unit on land that they own, the sales price is determined
by an appraisal performed by a state-certified appraiser. The
appraisal must include the value of the land and the improvements
using the after-construction value of the property and must
be dated within 12 months of the date construction is to commence.
The sales price of any unit must include the value of the land
in order to qualify as eligible housing as defined in subsection
(8). In the case of rehabilitation or emergency repair of an
existing unit that does not create additional living space,
sales price or value means the value of the real property, as
determined by an appraisal performed by a state-certified appraiser
and dated within 12 months of the date.construction is to commence
or the assessed value of the real property as determined by
the county property appraiser. In the case of rehabilitation
of an existing unit that includes the addition of new living
space, sales price or value means the value of the real property,
as determined by an appraisal performed by a state-certified
appraiser and dated within 12 months of the date construction
is to commence or the assessed value of the real property as
determined by the county property appraiser, plus the cost of
the improvements in either case.
(28) "Very-low-income person" or "very-low-income
household" means one or more natural persons or a family
that has a total annual gross household income that does not
exceed 50 percent of the median annual income adjusted for family
size for households within the metropolitan statistical area,
the county, or the nonmetropolitan median for the state, whichever
is greatest. With respect to rental units, the very-low-income
household's annual income at the time of initial occupancy may
not exceed 50 percent of the area's median income adjusted for
family size. While occupying the rental unit, a very-low-income
household's annual income may increase to an amount not to exceed
140 percent of 50 percent of the area's median income adjusted
for family size.
History.--s. 32, ch. 92-317; s. 12, ch. 93-181; s. 3, ch. 96-332;
s. 1046, ch. 97-103; s. 34, ch. 97-167; s. 14, ch. 98-56; s.
14, ch. 2000-353.
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.
(1)(a) In addition to the legislative findings set forth in
s. 420.6015, the Legislature finds that affordable housing is
most effectively provided by combining available public and
private
resources to conserve and improve existing housing and provide
new housing for
very-low-income households, low-income households, and moderate-income
households. The Legislature intends to encourage partnerships
in order to secure the benefits of cooperation by the public
and private sectors and to reduce the cost of housing for the
target group by effectively combining all available resources
and cost-saving measures. The Legislature further intends that
local governments achieve this combination of resources by encouraging
active partnerships between government, lenders, builders and
developers, real estate professionals, advocates for low-income
persons, and community groups to produce affordable housing
and provide related services. Extending the partnership concept
to encompass cooperative efforts among small counties as defined
in s. 120.52(17), and among counties and municipalities is specifically
encouraged. Local governments are also intended to establish
an affordable housing advisory committee to recommend monetary
and nonmonetary incentives for affordable housing as provided
in s. 420.9076.
(b) The Legislature further intends that the State Housing Initiatives
Partnership Program
provide the maximum flexibility to local governments to determine
the use of funds for housing.programs while ensuring accountability
for the efficient use of public resources and guaranteeing that
benefits are provided to those in need.
(2)(a) To be eligible to receive funds under the program, a
county or eligible municipality must:
1. Submit to the corporation its local housing assistance plan
describing the local housing assistance strategies established
pursuant to s. 420.9075;
2. Within 12 months after adopting the local housing assistance
plan, amend the plan to
incorporate the local housing incentive strategies defined in
s. 420.9071(16) and described in s. 420.9076; and
3. Within 24 months after adopting the amended local housing
assistance plan to incorporate the local housing incentive strategies,
amend its land development regulations or establish local policies
and procedures, as necessary, to implement the local housing
incentive strategies adopted by the local governing body. A
county or an eligible municipality that has adopted a housing
incentive strategy pursuant to s. 420.9076 before the effective
date of this act shall review the status of implementation of
the plan according to its adopted schedule for implementation
and report its findings in the annual report required by s.
420.9075(9). If as a result of the review, a county or an eligible
municipality determines that the implementation is complete
and in accordance with its schedule, no further action is necessary.
If a county or an eligible municipality determines that implementation
according to its schedule is not complete, it must amend its
land development regulations or establish local policies and
procedures, as necessary, to implement the housing incentive
plan within 12 months after the effective date of this act,
or if extenuating circumstances prevent implementation within
12 months, pursuant to s. 420.9075(12), enter into an extension
agreement with the corporation.
(b) A county or an eligible municipality seeking approval to
receive its share of the local
housing distribution must adopt an ordinance containing the
following provisions:
1. Creation of a local housing assistance trust fund as described
in s. 420.9075(5).
2. Adoption by resolution of a local housing assistance plan
as defined in s. 420.9071(14) to be implemented through a local
housing partnership as defined in s. 420.9071(18).
3. Designation of the responsibility for the administration
of the local housing assistance plan. Such ordinance may also
provide for the contracting of all or part of the administrative
or other functions of the program to a third person or entity.
4. Creation of the affordable housing advisory committee as
provided in s. 420.9076.
The ordinance must not take effect until at least 30 days after
the date of formal adoption.
Ordinances in effect prior to the effective date of amendments
to this section shall be
amended as needed to conform to new provisions.
(3)(a) The governing board of the county or of an eligible municipality
must submit to the.corporation one copy of its local housing
assistance plan. The transmittal of the plan must include a
copy of the ordinance, the adopting resolution, the local housing
assistance plan, and such other information as the corporation
requires by rule; however, information to be included in the
plan is intended to demonstrate consistency with the requirements
of ss. 420.907-420.9079 and corporation rule without posing
an undue burden on the local government. Plans shall be reviewed
by a committee composed of corporation staff as established
by corporation rule.
(b) Within 30 days after receiving a plan, the review committee
shall review the plan and
either approve it or identify inconsistencies with the requirements
of the program. The
corporation shall assist a local government in revising its
plan if it initially proves to be
inconsistent with program requirements. A plan that is revised
by the local government to
achieve consistency with program requirements shall be reviewed
within 30 days after
submission. The deadlines for submitting original and revised
plans shall be established by corporation rule; however, the
corporation shall not require submission of a new local housing
assistance plan to implement amendments to this act until the
currently effective plan expires.
(c) The Legislature intends that approval of plans be expedited
to ensure that the production of needed housing and the related
creation of jobs occur as quickly as possible. After being approved
for funding, a local government may amend by resolution its
local housing assistance plan if the plan as amended complies
with program requirements; however, a local government must
submit its amended plan for review according to the process
established in this subsection in order to ensure continued
consistency with the requirements of the State Housing Initiatives
Partnership Program.
(4) Moneys in the Local Government Housing Trust Fund shall
be distributed by the
corporation to each approved county and eligible municipality
within the county as provided in s. 420.9073. Distributions
shall be allocated to the participating county and to each eligible
municipality within the county according to an interlocal agreement
between the county governing authority and the governing body
of the eligible municipality or, if there is no interlocal agreement,
according to population. The portion for each eligible municipality
is computed by multiplying the total moneys earmarked for a
county by a fraction, the numerator of which is the population
of the eligible municipality and the denominator of which is
the total population of the county. The remaining revenues shall
be distributed to the governing body of the county.
(5)(a) Local governments are encouraged to make the most efficient
use of their resources by cooperating to provide affordable
housing assistance. Local governments may enter into an interlocal
agreement for the purpose of establishing a joint local housing
assistance plan subject to the requirements of ss. 420.907-420.9079.
The local housing distributions for such counties and eligible
municipalities shall be directly disbursed on a monthly basis
to each county or eligible municipality to be administered in
conformity with the interlocal agreement providing for a joint
local housing assistance plan.
(b) If a county or eligible municipality enters into an interlocal
agreement with a municipality that becomes eligible as a result
of entering into that interlocal agreement, the county or.eligible
municipality that has agreed to transfer the control of funds
to a municipality that was not originally eligible must ensure
through its local housing assistance plan and through the interlocal
agreement that all program funds are used in a manner consistent
with ss. 420.907-420.9079. This must be accomplished by:
1. Providing that the use of the portion of funds transferred
to the municipality meets all
requirements of ss. 420.907-420.9079, or
2. Providing that the use of the portion of funds transferred
to the municipality, when taken in combination with the use
of the local housing distribution from which funds were transferred,
meets all requirements of ss. 420.907-420.9079.
(6) The moneys that otherwise would be distributed pursuant
to s. 420.9073 to a local
government that does not meet the program's requirements for
receipts of such distributions shall remain in the Local Government
Housing Trust Fund to be administered by the corporation pursuant
to s. 420.9078.
(7) A county or an eligible municipality must expend its portion
of the local housing distribution only to implement a local
housing assistance plan. A county or an eligible municipality
may not expend its portion of the local housing distribution
to provide rent subsidies; however, this does not prohibit the
use of funds for security and utility deposit assistance.
(8) Funds distributed under this program may not be pledged
to pay the debt service on any bonds.
(9) The corporation shall adopt rules necessary to implement
ss. 420.907-420.9079.
History.--s. 32, ch. 92-317; s. 13, ch. 93-181; s. 35, ch. 97-167;
s. 81, ch. 2000-153.
420.9073 Local housing distributions.--
(1) Distributions calculated in this section shall be disbursed
on a monthly basis by the
corporation beginning the first day of the month after program
approval pursuant to s.
420.9072. Each county's share of the funds to be distributed
from the portion of the funds in the Local Government Housing
Trust Fund received pursuant to s. 201.15(6) shall be calculated
by the corporation for each fiscal year as follows:
(a) Each county other than a county that has implemented the
provisions of chapter 83-220, Laws of Florida, as amended by
chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
receive the guaranteed amount for each fiscal year.
(b) Each county other than a county that has implemented the
provisions of chapter 83-220, Laws of Florida, as amended by
chapters 84-270, 86-152, and 89-252, Laws of Florida, may receive
an additional share calculated as follows:
1. Multiply each county's percentage of the total state population
excluding the population of.any county that has implemented
the provisions of chapter 83-220, Laws of Florida, as
amended by chapters 84-270, 86-152, and 89-252, Laws of Florida,
by the total funds to be distributed.
2. If the result in subparagraph 1. is less than the guaranteed
amount as determined in
subsection (3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is
greater than the guaranteed
amount as determined in subsection (3), the amount calculated
in subparagraph 1. shall be reduced by the guaranteed amount.
The result for each such county shall be expressed as a percentage
of the amounts so determined for all counties. Each such county
shall receive an additional share equal to such percentage multiplied
by the total funds received by the Local Government Housing
Trust Fund pursuant to s. 201.15(6) reduced by the guaranteed
amount paid to all counties.
(2) Effective July 1, 1995, distributions calculated in this
section shall be disbursed on a
monthly basis by the corporation beginning the first day of
the month after program approval pursuant to s. 420.9072. Each
county's share of the funds to be distributed from the portion
of the funds in the Local Government Housing Trust Fund received
pursuant to s. 201.15(7) shall be calculated by the corporation
for each fiscal year as follows:
(a) Each county shall receive the guaranteed amount for each
fiscal year.
(b) Each county may receive an additional share calculated as
follows:
1. Multiply each county's percentage of the total state population,
by the total funds to be
distributed.
2. If the result in subparagraph 1. is less than the guaranteed
amount as determined in
subsection (3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is
greater than the guaranteed
amount, the amount calculated in subparagraph 1. shall be reduced
by the guaranteed
amount. The result for each such county shall be expressed as
a percentage of the amounts so determined for all counties.
Each such county shall receive an additional share equal to
this percentage multiplied by the total funds received by the
Local Government Housing Trust Fund pursuant to s. 201.15(7)
as reduced by the guaranteed amount paid to all counties.
(3) Calculation of guaranteed amounts:
(a) The guaranteed amount under subsection (1) shall be calculated
for each state fiscal year by multiplying $350,000 by a fraction,
the numerator of which is the amount of funds
distributed to the Local Government Housing Trust Fund pursuant
to s. 201.15(6) and the
denominator of which is the total amount of funds distributed
to the Local Government
Housing Trust Fund pursuant to s. 201.15..(b) The guaranteed
amount under subsection (2) shall be calculated for each state
fiscal year by multiplying $350,000 by a fraction, the numerator
of which is the amount of funds distributed to the Local Government
Housing Trust Fund pursuant to s. 201.15(7) and the denominator
of which is the total amount of funds distributed to the Local
Government Housing Trust Fund pursuant to s. 201.15.
(4) Funds distributed pursuant to this section may not be pledged
to pay debt service on any bonds.
History.--s. 32, ch. 92-317; s. 36, ch. 97-167; s. 15, ch. 98-56;
s. 49, ch. 99-247; ss. 82, 83, ch. 2000-153. 1Note.--Section
49, ch. 99-247, and s. 83, ch. 2000-153, amended s. 420.9073,
effective July 1, 2001, to read:
420.9075 Local housing assistance plans; partnerships.--
(1)(a) Each county or eligible municipality participating in
the State Housing Initiatives
Partnership Program shall develop and implement a local housing
assistance plan created to make affordable residential units
available to persons of very low income, low income, or.moderate
income and to persons who have special housing needs, including,
but not limited to, homeless people, the elderly, and migrant
farmworkers. The plans are intended to increase the availability
of affordable residential units by combining local resources
and cost-saving measures into a local housing partnership and
using private and public funds to reduce the cost of housing.
(b) Local housing assistance plans may allocate funds to:
1. Implement local housing assistance strategies for the provision
of affordable housing.
2. Supplement funds available to the corporation to provide
enhanced funding of state
housing programs within the county or the eligible municipality.
3. Provide the local matching share of federal affordable housing
grants or programs.
4. Fund emergency repairs, including, but not limited to, repairs
performed by existing service providers under weatherization
assistance programs under ss. 409.509-409.5093.
5. Further the housing element of the local government comprehensive
plan adopted
pursuant to s. 163.3184, specific to affordable housing.
(2)(a) Each county and each eligible municipality participating
in the State Housing Initiatives Partnership Program shall encourage
the involvement of appropriate public sector and private sector
entities as partners in order to combine resources to reduce
housing costs for the targeted population. This partnership
process should involve:
1. Lending institutions.
2. Housing builders and developers.
3. Nonprofit and other community-based housing and service organizations.
4. Providers of professional services relating to affordable
housing.
5. Advocates for low-income persons.
6. Real estate professionals.
7. Other persons or entities who can assist in providing housing
or related support services.
(b) The specific participants in partnership activities may
vary according to the community's resources and the nature of
the local housing assistance plan.
(3) Each local housing assistance plan is governed by the following
criteria and administrative procedures:.(a) Each county, eligible
municipality, or entity formed through interlocal agreement
to participate in the State Housing Initiatives Partnership
Program must develop a qualification system and selection criteria
for applications for awards by eligible sponsors, adopt criteria
for the selection of eligible persons, and adopt a maximum award
schedule or system of amounts consistent with the intent and
budget of its local housing assistance plan, with ss. 420.907-420.9079,
and with corporation rule.
(b) The county or eligible municipality or its administrative
representative shall advertise the notice of funding availability
in a newspaper of general circulation and periodicals serving
ethnic and diverse neighborhoods, at least 30 days before the
beginning of the application period. If no funding is available
due to a waiting list, no notice of funding availability is
required.
(c) In accordance with the provisions of ss. 760.20-760.37,
it is unlawful to discriminate on the basis of race, creed,
religion, color, age, sex, marital status, familial status,
national origin, or handicap in the award application process
for eligible housing.
(d) As a condition of receipt of an award, the eligible sponsor
or eligible person must
contractually commit to comply with the affordable housing criteria
provided under ss.
420.907-420.9079 applicable to the affordable housing objective
of the award. The plan
criteria adopted by the county or eligible municipality must
prescribe the contractual
obligations required to ensure compliance with award conditions.
(e) The staff or entity that has administrative authority for
implementing a local housing
assistance plan assisting rental developments shall annually
monitor and determine tenant eligibility or, to the extent another
governmental entity the Florida Housing Finance Corporation
provides the same monitoring and determination, a municipality,
county, or local housing financing authority may rely on such
monitoring and determination of tenant eligibility. However,
any loan or grant in the original amount of $3000 or less shall
not be subject to these annual monitoring and determination
of tenant eligibility requirements.
(4) The following criteria apply to awards made to eligible
sponsors or eligible persons for the purpose of providing eligible
housing:
(a) At least 65 percent of the funds made available in each
county and eligible municipality
from the local housing distribution must be reserved for home
ownership for eligible persons.
(b) At least 75 percent of the funds made available in each
county and eligible municipality from the local housing distribution
must be reserved for construction, rehabilitation, or emergency
repair of affordable, eligible housing.
(c) The sales price or value of new or existing eligible housing
may not exceed 90 percent of the average area purchase price
in the statistical area in which the eligible housing is located,
which housing was purchased during the most recent 12-month
period for which sufficient statistical information is available
or, as established by the United States Department of Treasury.
Such average area purchase price may be that calculated for
any 12-month period beginning not earlier than the fourth calendar
year prior to the year in which the award occurs.
(d) 1. All units constructed, rehabilitated, or otherwise assisted
with the funds provided from the.local housing assistance trust
fund must be occupied by very-low-income persons, low-income
persons, and moderate-income persons.
2. At least 30 percent of the funds deposited into the local
housing assistance trust fund must be reserved for awards to
very-low-income persons or eligible sponsors who will serve
very-low-income persons and at least an additional 30 percent
of the funds deposited into the local housing assistance trust
fund must be reserved for awards to low-income persons or eligible
sponsors who will serve low-income persons. This subparagraph
does not apply to a county or an eligible municipality that
includes, or has included within the previous 5 years, an area
of critical state concern designated or ratified by the Legislature
for which the Legislature has declared its intent to provide
affordable housing.
(e) Loans shall be provided for periods not exceeding 30 years,
except for deferred payment loans or loans that extend beyond
30 years which continue to serve eligible persons.
(f) Loans or grants for eligible rental housing constructed,
rehabilitated, or otherwise assisted from the local housing
assistance trust fund must be subject to recapture requirements
as provided by the county or eligible municipality in its local
housing assistance plan unless reserved for eligible persons
for 15 years or the term of the assistance, whichever period
is longer. Eligible sponsors that offer rental housing for sale
before 15 years or that have remaining mortgages funded under
this program must give a first right of refusal to eligible
nonprofit organizations for purchase at the current market value
for continued occupancy by eligible persons.
(g) Loans or grants for eligible owner-occupied housing constructed,
rehabilitated, or
otherwise assisted from proceeds provided from the local housing
assistance trust fund shall be subject to recapture requirements
as provided by the county or eligible municipality in its local
housing assistance plan.
(h) The total amount of monthly mortgage payments or the amount
of monthly rent charged by the eligible sponsor or her or his
designee must be made affordable.
(i) The maximum sales price or value per unit and the maximum
award per unit for eligible housing benefiting from awards made
pursuant to this section must be established in the local housing
assistance plan.
(j) The benefit of assistance provided through the State Housing
Initiatives Partnership Program must accrue to eligible persons
occupying eligible housing. This provision shall not be construed
to prohibit use of the local housing distribution funds for
a mixed income rental development.
(k) Funds from the local housing distribution not used to meet
the criteria established in paragraph (a) or paragraph (b) or
not used for the administration of a local housing assistance
plan must be used for housing production and finance activities,
including, but not limited to, financing the purchase of existing
units, providing rental housing, and providing home ownership
training to prospective home buyers and owners of homes assisted
through the local housing assistance plan. Notwithstanding the
provisions of paragraphs (a) and (b), program income as defined
in s. 420.9071(24) may also be used to fund activities described
in this paragraph. If both an award under the local housing
assistance plan and federal low-income housing tax.credits are
used to assist a project and there is a conflict between the
criteria prescribed in this subsection and the requirements
of s. 42 of the Internal Revenue Code of 1986, as amended, the
county or eligible municipality may resolve the conflict by
giving precedence to the requirements of s. 42 of the Internal
Revenue Code of 1986, as amended, in lieu of following the criteria
prescribed in this subsection with the exception of paragraphs
(a) and (d) of this subsection.
(5) Each county or eligible municipality receiving local housing
distribution moneys shall
establish and maintain a local housing assistance trust fund.
All moneys of a county or an
eligible municipality received from its share of the local housing
distribution, program income, recaptured funds, and other funds
received or budgeted to implement the local housing assistance
plan shall be deposited into the trust fund; however, local
housing distribution moneys used to match federal HOME program
moneys may be repaid to the HOME program fund if required by
federal law or regulations. Expenditures other than for the
administration and implementation of the local housing assistance
plan may not be made from the fund.
(6) The moneys deposited in the local housing assistance trust
fund shall be used to
administer and implement the local housing assistance plan.
The cost of administering the plan may not exceed 5 percent
of the local housing distribution moneys and program income
deposited into the trust fund. A county or an eligible municipality
may not exceed the 5-percent limitation on administrative costs,
unless its governing body finds, by resolution, that 5 percent
of the local housing distribution plus 5 percent of program
income is insufficient to adequately pay the necessary costs
of administering the local housing assistance plan. The cost
of administering the program may not exceed 10 percent of the
local housing distribution plus 5 percent of program income
deposited into the trust fund, except that small counties, as
defined in s. 120.52(17), and eligible municipalities receiving
a local housing distribution of up to $350,000 may use up to
10 percent of program income for administrative costs.
(7) Pursuant to s. 420.606, the corporation shall provide technical
assistance to local
governments regarding the creation of partnerships, the design
of local housing assistance strategies, the implementation of
local housing incentive strategies, and the provision of support
services.
(8) The corporation shall monitor the activities of local governments
to determine compliance with program requirements and shall
collect data on the operation and achievements of housing partnerships.
(9) Each county or eligible municipality shall submit to the
corporation by September 15 of each year a report of its affordable
housing programs and accomplishments through June 30 immediately
preceding submittal of the report. The report shall be certified
as accurate and complete by the local government's chief elected
official or his or her designee. Transmittal of the annual report
by a county's or eligible municipality's chief elected official,
or his or her designee, certifies that the local housing incentive
strategies, or, if applicable, the local housing incentive plan,
have been implemented or are in the process of being implemented
pursuant to the adopted schedule for implementation. The report
must include, but is not limited to:
(a) The number of households served by income category, age,
family size, and race, and data regarding any special needs
populations such as farmworkers, homeless persons, and the elderly.
Counties shall report this information separately for households
served in the unincorporated area and each municipality within
the county.
(b) The number of units and the average cost of producing units
under each local housing
assistance strategy.
(c) The average area purchase sales price or value of a single-family
units unit and the amount of rent charged for a rental unit
based on unit size.
(d) By income category, the number of mortgages made, the average
mortgage amount, and the rate of default.
(e) A description of the status of implementation of each local
housing incentive strategy, or if applicable, the local housing
incentive plan as set forth in the local government's adopted
schedule for implementation.
(f) A concise description of the support services that are available
to the residents of
affordable housing provided by local programs.
(g) The sales price or value of housing produced and an accounting
of what percentage was financed by the local housing distribution,
other public moneys, and private resources.
(h) Such other data or affordable housing accomplishments considered
significant by the
reporting county or eligible municipality.
(10) The report shall be made available by the county or eligible
municipality for public
inspection and comment prior to certifying the report and transmitting
it to the corporation. The county or eligible municipality shall
provide notice of the availability of the proposed report and
solicit public comment. The notice must state the public place
where a copy of the proposed report can be obtained by interested
persons. Members of the public may submit written comments on
the report to the county or eligible municipality and the corporation.
Written public comments shall identify the author by name, address,
and interest affected. The county or eligible municipality shall
attach a copy of all such written comments and its responses
to the annual report submitted to the corporation.
(11) The corporation shall review the report of each county
or eligible municipality and any written comments from the public
and include any comments concerning the effectiveness of local
programs in the report required by s. 420.511.
(12)(a) If, as a result of the review of the annual report or
public comment and written
response from the county or eligible municipality, or at any
other time, the corporation
determines that a county or eligible municipality may have established
a pattern of violation of the criteria for a local housing assistance
plan established under ss. 420.907-420.9079 or that.an eligible
sponsor or eligible person has violated the applicable award
conditions, the corporation shall report such pattern of violation
of criteria or violation of award conditions to its compliance
monitoring agent and the Executive Office of the Governor. The
corporation's compliance monitoring agent must determine within
60 days whether the county or eligible municipality has violated
program criteria and shall issue a written report thereon. If
a violation has occurred, the distribution of program funds
to the county or eligible municipality must be suspended until
the violation is corrected.
(b) If, as a result of its review of the annual report, the
corporation determines that a county or eligible municipality
has failed to implement a local housing incentive strategy,
or, if applicable, a local housing incentive plan, it shall
send a notice of termination of the local government's share
of the local housing distribution by certified mail to the affected
county or eligible municipality.
1. The notice must specify a date of termination of the funding
if the affected county or eligible municipality does not implement
the plan or strategy and provide for a local response. A county
or eligible municipality shall respond to the corporation within
30 days after receipt of the notice of termination.
2. The corporation shall consider the local response that extenuating
circumstances precluded implementation and grant an extension
to the timeframe for implementation. Such an extension shall
be made in the form of an extension agreement that provides
a timeframe for implementation. The chief elected official of
a county or eligible municipality or his or her designee shall
have the authority to enter into the agreement on behalf of
the local government.
3. If the county or the eligible municipality has not implemented
the incentive strategy or
entered into an extension agreement by the termination date
specified in the notice, the local housing distribution share
terminates, and any uncommitted local housing distribution funds
held by the affected county or eligible municipality in its
local housing assistance trust fund shall be transferred to
the Local Government Housing Trust Fund to the credit of the
corporation to administer pursuant to s. 420.9078.
4.a. If the affected local government fails to meet the timeframes
specified in the agreement, the corporation shall terminate
funds. The corporation shall send a notice of termination of
the local government's share of the local housing distribution
by certified mail to the affected local government. The notice
shall specify the termination date, and any uncommitted funds
held by the affected local government shall be transferred to
the Local Government Housing Trust
Fund to the credit of the corporation to administer pursuant
to s. 420.9078.
b. If the corporation terminates funds to a county, but an eligible
municipality receiving a local housing distribution pursuant
to an interlocal agreement maintains compliance with program
requirements, the corporation shall thereafter distribute directly
to the participating eligible municipality its share calculated
in the manner provided in s. 420.9072.
c. Any county or eligible municipality whose local distribution
share has been terminated may.subsequently elect to receive
directly its local distribution share by adopting the ordinance,
resolution, and local housing assistance plan in the manner
and according to the procedures provided in ss. 420.907-420.9079.
History.--s. 32, ch. 92-317; s. 14, ch. 93-181; s. 5, ch. 95-153;
s. 9, ch. 95-396; s. 81, ch.
97-103; s. 37, ch. 97-167; s. 15, ch. 2000-353.
420.9076 Adoption of affordable housing incentive strategies;
committees.--
(1) Each county or eligible municipality participating in the
State Housing Initiatives
Partnership Program, including a municipality receiving program
funds through the county, or an eligible municipality must,
within 12 months after the original adoption of the local housing
assistance plan, amend the plan to include local housing incentive
strategies as defined in s. 420.9071(16).
(2) The governing board of a county or municipality shall appoint
the members of the
affordable housing advisory committee by resolution. Pursuant
to the terms of any interlocal agreement, a county and municipality
may create and jointly appoint an advisory committee to prepare
a joint plan. The ordinance adopted pursuant to s. 420.9072
which creates the advisory committee or the resolution appointing
the advisory committee members must provide for nine committee
members and their terms. The committee must include:
(a) One citizen who is actively engaged in the residential home
building industry in connection with affordable housing.
(b) One citizen who is actively engaged in the banking or mortgage
banking industry in
connection with affordable housing.
(c) One citizen who is a representative of those areas of labor
actively engaged in home
building in connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low-income
persons in connection with affordable housing.
(e) One citizen who is actively engaged as a for-profit provider
of affordable housing.
(f) One citizen who is actively engaged as a not-for-profit
provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional
in connection with
affordable housing.
(h) One citizen who actively serves on the local planning agency
pursuant to s. 163.3174.
(i) One citizen who resides within the jurisdiction of the local
governing body making the
appointments..If a county or eligible municipality whether due
to its small size, the presence of a conflict of interest by
prospective appointees, or other reasonable factor, is unable
to appoint a citizen actively engaged in these activities in
connection with affordable housing, a citizen engaged in the
activity without regard to affordable housing may be appointed.
(3) All meetings of the advisory committee are public meetings,
and all committee records are public records. Staff, administrative,
and facility support to the advisory committee shall be provided
by the appointing county or eligible municipality.
(4) The advisory committee shall review the established policies
and procedures, ordinances, land development regulations, and
adopted local government comprehensive plan of the appointing
local government and shall recommend specific initiatives to
encourage or facilitate affordable housing while protecting
the ability of the property to appreciate in value. Such recommendations
may include the modification or repeal of existing policies,
procedures, ordinances, regulations, or plan provisions; the
creation of exceptions applicable to affordable housing; or
the adoption of new policies, procedures, regulations, ordinances,
or plan provisions. At a minimum, each advisory committee shall
make recommendations on affordable housing incentives in the
following areas:
(a) The processing of approvals of development orders or permits,
as defined in s.
163.3164(7) and (8), for affordable housing projects is expedited
to a greater degree than other projects.
(b) The modification of impact-fee requirements, including reduction
or waiver of fees and alternative methods of fee payment for
affordable housing.
(c) The allowance of increased density levels for affordable
housing.
(d) The reservation of infrastructure capacity for housing for
very-low-income persons and
low-income persons.
(e) The allowance of affordable accessory residential units
in residential zoning districts.
(f) The reduction of parking and setback requirements for affordable
housing.
(g) The allowance of zero-lot-line configurations for affordable
housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government
considers, before adoption,
policies, procedures, ordinances, regulations, or plan provisions
that increase the cost of
housing.
(j) The preparation of a printed inventory of locally owned
public lands suitable for affordable housing..The advisory committee
recommendations must also include other affordable housing incentives
identified by the advisory committee.
(5) The approval by the advisory committee of its local housing
incentive strategies
recommendations must be made by affirmative vote of a majority
of the membership of the advisory committee taken at a public
hearing. Notice of the time, date, and place of the public hearing
of the advisory committee to adopt final local housing incentive
strategies recommendations must be published in a newspaper
of general paid circulation in the county. Such notice must
contain a short and concise summary of the local housing incentives
strategies recommendations to be considered by the advisory
committee. The notice must state the public place where a copy
of the tentative advisory committee recommendations can be obtained
by interested persons.
(6) Within 90 days after the date of receipt of the local housing
incentive strategies
recommendations from the advisory committee, the governing body
of the appointing local government shall adopt an amendment
to its local housing assistance plan to incorporate the local
housing incentive strategies it will implement within its jurisdiction.
The amendment must include, at a minimum, the local housing
incentive strategies as defined in s. 420.9071(16).
(7) The governing board of the county or the eligible municipality
shall notify the corporation by certified mail of its adoption
of an amendment of its local housing assistance plan to incorporate
local housing incentive strategies. The notice must include
a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved
amended local housing assistance plan to incorporate local housing
incentive strategies, a notice of termination of its share of
the local housing distribution shall be sent by certified mail
by the corporation to the affected county or eligible municipality.
The notice of termination must specify a date of termination
of the funding if the affected county or eligible municipality
has not adopted an amended local housing assistance plan to
incorporate local housing incentive strategies. If the county
or the eligible municipality has not adopted an amended local
housing assistance plan to incorporate local housing incentive
strategies by the termination date specified in the notice of
termination, the local distribution share terminates; and any
uncommitted local distribution funds held by the affected county
or eligible municipality in its local housing assistance trust
fund shall be transferred to the Local Government Housing Trust
Fund to the credit of the corporation to administer the local
government housing program pursuant to s. 420.9078.
(b) If a county fails to timely adopt an amended local housing
assistance plan to incorporate local housing incentive strategies
but an eligible municipality receiving a local housing distribution
pursuant to an interlocal agreement within the county does timely
adopt an amended local housing assistance plan to incorporate
local housing incentive strategies, the corporation, after receipt
of a notice of termination, shall thereafter distribute directly
to the participating eligible municipality its share calculated
in the manner provided in s. 420.9072.
(c) Any county or eligible municipality whose local distribution
share has been terminated may subsequently elect to receive
directly its local distribution share by adopting an amended
local.housing assistance plan to incorporate local housing incentive
strategies in the manner and according to the procedure provided
in this section and by adopting an ordinance in the manner required
in s. 420.9072.
History.--s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167.
420.9078
State administration of remaining local housing distribution
funds.--When appropriated funds remain in the Local
Government Housing Trust Fund, the corporation shall distribute
the remaining funds as follows:
(1) The corporation shall distribute all remaining funds proportionately
as provided in s.
420.9073(2)(b) among counties and eligible municipalities for
which an emergency or natural disaster has been declared by
executive order and which have an approved local housing assistance
plan to implement a local housing assistance strategy, consistent
with ss. 420.907-420.9079, for repairing and replacing housing
damaged as a result of the emergency or natural disaster.
(2) If subsection (1) does not apply, the corporation shall
distribute the remaining funds
proportionately as provided in ss. 420.9072 and 420.9073(2)(b)
among all counties and
eligible municipalities that have fully expended their local
housing distributions for the
immediately preceding state fiscal year on eligible activities
and have an approved local
housing assistance plan. A county or eligible municipality that
receives local housing
distributions pursuant to this subsection shall expend those
funds in accordance with the
provisions of ss. 420.907-420.9079, corporation rule, and its
local housing assistance plan.
History.--s. 32, ch. 92-317; s. 16, ch. 93-181; s. 39, ch. 97-167.
420.9079 Local Government Housing Trust Fund.--
(1) There is created in the State Treasury the Local Government
Housing Trust Fund, which shall be administered by the corporation
on behalf of the department according to the provisions of ss.
420.907-420.9078 and this section. There shall be deposited
into the fund a portion of the documentary stamp tax revenues
as provided in s. 201.15, moneys received from any other source
for the purposes of ss. 420.907-420.9078 and this section, and
all proceeds derived from the investment of such moneys. Moneys
in the fund that are not currently needed for the purposes of
the programs administered pursuant to ss. 420.907-420.9078 and
this section shall be deposited to the credit of the fund and
may be invested as provided by law. The interest received on
any such investment shall be credited to the fund.
(2) The corporation shall administer the fund exclusively for
the purpose of implementing the programs described in ss. 420.907-420.9078
and this section. With the exception of
monitoring the activities of counties and eligible municipalities
to determine local compliance with program requirements, the
corporation shall not receive appropriations from the fund for
administrative or personnel costs. For the purpose of implementing
the compliance monitoring provisions of s. 420.9075(8), the
corporation may request a maximum of $200,000 per state.fiscal
year. When such funding is appropriated, the corporation shall
deduct the amount appropriated prior to calculating the local
housing distribution pursuant to ss. 420.9072 and 420.9073.
History.--s. 32, ch. 92-317; s. 40, ch. 97-167; s. 16, ch. 98-56.