HB 545

Relating to Affordable Housing

 Last Action: 05/03/05 HOUSE Substituted CS/CS/SB 334; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 334 -HJ 01231


H 545    GENERAL BILL by Representative Lopez-Cantera; (CO-SPONSORS) Ambler; Arza; Bendross-Mindingall; Benson; Cannon; Cusack; M. Davis; Flores; Grimsley; Harrell; Jennings; Kendrick; Rice; Rivera; Robaina; Sands; Stansel; Vana; Williams; Zapata (CS by Economic Development, Trade & Banking  (CC)) (Similar CS/S 0334)


Affordable Housing; revises legislative declaration re blighted areas;
authorizes certain housing authorities to create business entities for
certain purposes; provides requirements & limitations; authorizes such
authorities to provide for per diem, travel, & other expenses; revises
limitation on financial liabilities of such authorities; repeals
provision re limitations on housing authorities in Orange & Seminole
Cos., etc. Amends 421.02,.08,.09,.23; repeals 421.54. 

EFFECTIVE DATE:  07/01/2005.
01/25/05 HOUSE Filed
02/07/05 HOUSE Referred to Economic Development, Trade & Banking (CC); Local
                  Government Council; Transportation & Economic Development
                  Appropriations (FC); Commerce Council
03/08/05 HOUSE Introduced, referred to Economic Development, Trade & Banking
                  (CC); Local Government Council; Transportation & Economic
                  Development Appropriations (FC); Commerce Council -HJ 00053;
                  On Committee agenda-- Economic Development, Trade & Banking
                  (CC), 03/10/05, 1:45 pm, 306-H
03/10/05 HOUSE Favorable with CS amendment by Economic Development, Trade &
                  Banking (CC); YEAS 15 NAYS 0 -HJ 00227
03/14/05 HOUSE Pending review of CS under Rule 6.3(b)
03/15/05 HOUSE Now in Local Government Council -HJ 00227

 

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

1 The Economic Development, Trade & Banking Committee recommends
2 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 affordable housing; amending s. 421.02,
8 F.S.; revising a legislative declaration relating to
9 blighted areas; amending s. 421.08, F.S.; authorizing
10 certain housing authorities to create business entities
11 for certain purposes; providing requirements and
12 limitations; authorizing such authorities to provide for
13 per diem, travel, and other expenses; amending s. 421.09,
14 F.S.; providing construction; amending s. 421.23, F.S.;
15 revising a limitation on financial liabilities of such
16 authorities; repealing s. 421.54, F.S., relating to
17 limitations on housing authorities in Orange and Seminole
18 Counties; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22      Section 1.  Subsection (2) of section 421.02, Florida
23 Statutes, is amended to read:
24      421.02  Finding and declaration of necessity.--It is hereby
25 declared that:
26      (2)  Blighted Slum areas in the state cannot be revitalized
27 cleared, nor can the shortage of safe and sanitary dwellings for
28 persons of low income be relieved, solely through the operation
29 of private enterprise, and that the construction of housing
30 projects for persons of low income, as herein defined, would
31 therefore not be competitive with private enterprise.
32      Section 2.  Subsection (8) of section 421.08, Florida
33 Statutes, is renumbered as subsection (10), and new subsections
34 (8) and (9) are added to said section, to read:
35      421.08  Powers of authority.--An authority shall constitute
36 a public body corporate and politic, exercising the public and
37 essential governmental functions set forth in this chapter, and
38 having all the powers necessary or convenient to carry out and
39 effectuate the purpose and provisions of this chapter, including
40 the following powers in addition to others herein granted:
41      (8)  To organize for the purpose of creating a for-profit
42 or not-for-profit corporation, limited liability company, or
43 other similar business entity pursuant to all applicable laws of
44 the state in which the housing authority may hold an ownership
45 interest or participate in their governance to engage in the
46 development, acquisition, leasing, construction, rehabilitation,
47 management, or operation of multifamily and single family
48 residential projects. These projects may include nonresidential
49 uses and may utilize public and private funds to serve
50 individuals or families who meet the applicable income
51 requirements of the state or federal program involved, whose
52 income does not exceed 150 percent of the applicable area median
53 income as established by the United States Department of Housing
54 and Urban Development, and who, in the determination of the
55 housing authority, lack sufficient income or assets to enable
56 them to purchase or rent a decent, safe, and sanitary dwelling.
57 These for-profit and not-for-profit corporations, limited
58 liability companies, or other business entities are authorized
59 and empowered to join partnerships, joint ventures, and limited
60 liability companies pursuant to applicable laws or otherwise
61 engage with business entities in the development, acquisition,
62 leasing, construction, rehabilitation, management, or operation
63 of such projects. The creation of such corporations, limited
64 liability companies, or other business entities that are
65 properly registered pursuant to all applicable laws by housing
66 authorities for the purposes set forth in this chapter, together
67 with all proceedings, acts, and things theretofore undertaken,
68 performed, or done, are hereby validated, ratified, confirmed,
69 approved, and declared legal in all respects.
70      (9)  Notwithstanding the provisions for per diem and travel
71 expenses of public officers, employees, and authorized persons
72 set forth in s. 112.061, the governing board of an authority may
73 approve and implement policies for per diem, travel, and other
74 expenses of its officials, officers, board members, employees,
75 and authorized persons in a manner consistent with federal
76 guidelines.
77      Section 3.  Section 421.09, Florida Statutes, is amended to
78 read:
79      421.09  Operation not for profit.--
80      (1)  It is the policy of this state that each housing
81 authority shall manage and operate its housing projects in an
82 efficient manner so as to enable it to fix the rentals for
83 dwelling accommodations at the lowest possible rates consistent
84 with its providing decent, safe, and sanitary dwelling
85 accommodations, and that no housing authority shall construct or
86 operate any such project for profit, or as a source of revenue
87 to the city. To this end an authority shall fix the rentals for
88 dwellings in its project at no higher rate than it shall find to
89 be necessary in order to produce revenues which, together with
90 all other available moneys, revenue, income, and receipts of the
91 authority from whatever sources derived, will be sufficient:
92      (a)(1)  To pay, as the same shall become due, the principal
93 and interest on the debentures of the authority;
94      (b)(2)  To meet the cost of, and to provide for,
95 maintaining and operating the projects, including the cost of
96 any insurance, and the administrative expenses of the authority;
97 and
98      (c)(3)  To create, during not less than the 6 years
99 immediately succeeding its issuance of any debentures, a reserve
100 sufficient to meet the largest principal and interest payments
101 which will be due on such debentures in any one year thereafter,
102 and to maintain such reserve.
103      (2)  This section shall in no way prohibit or restrict the
104 activities or operations of the business entities created
105 pursuant to s. 421.08(8).
106      Section 4.  Section 421.23, Florida Statutes, is amended to
107 read:
108      421.23  Liabilities of authority.--In no event shall the
109 liabilities, whether ex contractu or ex delicto, of an authority
110 arising from the operation of its housing projects, be payable
111 from any funds other than the rents, fees, or revenues of such
112 projects and any grants or subsidies paid to such authority by
113 the Federal Government, unless such other funds are lawfully
114 pledged by the authority's governing board.
115      Section 5.  Section 421.54, Florida Statutes, is repealed.
116      Section 6.  This act shall take effect July 1, 2005.

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

 

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