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The Economic Development, Trade & Banking
Committee recommends |
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the following: |
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|
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Council/Committee
Substitute |
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Remove the
entire bill and insert: |
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A bill to be entitled |
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An act relating to affordable housing;
amending s. 421.02, |
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F.S.; revising a legislative declaration
relating to |
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blighted areas; amending s. 421.08, F.S.;
authorizing |
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certain housing authorities to create
business entities |
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for certain purposes; providing requirements
and |
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limitations; authorizing such authorities to
provide for |
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per diem, travel, and other expenses;
amending s. 421.09, |
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F.S.; providing construction; amending s.
421.23, F.S.; |
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revising a limitation on financial
liabilities of such |
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authorities; repealing s. 421.54, F.S.,
relating to |
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limitations on housing authorities in Orange
and Seminole |
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Counties; providing an effective date. |
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|
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Be It Enacted by the Legislature of the State
of Florida: |
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|
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Section 1. Subsection
(2) of section 421.02, Florida |
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Statutes, is amended to read: |
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421.02 Finding
and declaration of necessity.--It is hereby |
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declared that: |
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(2) Blighted
Slum areas in the state cannot
be revitalized |
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cleared,
nor can the shortage of safe and sanitary dwellings for |
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persons of low income be relieved, solely
through the operation |
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of private enterprise, and
that the construction of housing |
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projects for persons of
low income, as herein defined, would |
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therefore not be
competitive with private enterprise. |
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Section 2. Subsection
(8) of section 421.08, Florida |
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Statutes, is renumbered as subsection (10),
and new subsections |
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(8) and (9) are added to said section, to
read: |
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421.08 Powers
of authority.--An authority shall constitute |
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a public body corporate and politic,
exercising the public and |
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essential governmental functions set forth in
this chapter, and |
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having all the powers necessary or convenient
to carry out and |
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effectuate the purpose and provisions of this
chapter, including |
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the following powers in addition to others
herein granted: |
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(8) To
organize for the purpose of creating a for-profit |
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or not-for-profit
corporation, limited liability company, or |
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other similar business
entity pursuant to all applicable laws of |
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the state in which the
housing authority may hold an ownership |
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interest or participate in
their governance to engage in the |
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development, acquisition,
leasing, construction, rehabilitation, |
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management, or operation
of multifamily and single family |
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residential projects.
These projects may include nonresidential |
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uses and may utilize
public and private funds to serve |
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individuals or families
who meet the applicable income |
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requirements of the state
or federal program involved, whose |
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income does not exceed 150
percent of the applicable area median |
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income as established by
the United States Department of Housing |
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and Urban Development, and
who, in the determination of the |
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housing authority, lack
sufficient income or assets to enable |
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them to purchase or rent a
decent, safe, and sanitary dwelling. |
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These for-profit and
not-for-profit corporations, limited |
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liability companies, or
other business entities are authorized |
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and empowered to join
partnerships, joint ventures, and limited |
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liability companies
pursuant to applicable laws or otherwise |
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engage with business
entities in the development, acquisition, |
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leasing, construction,
rehabilitation, management, or operation |
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of such projects. The
creation of such corporations, limited |
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liability companies, or
other business entities that are |
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properly registered
pursuant to all applicable laws by housing |
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authorities for the
purposes set forth in this chapter, together |
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with all proceedings,
acts, and things theretofore undertaken, |
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performed, or done, are
hereby validated, ratified, confirmed, |
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approved, and declared
legal in all respects. |
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(9) Notwithstanding
the provisions for per diem and travel |
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expenses of public
officers, employees, and authorized persons |
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set forth in s. 112.061,
the governing board of an authority may |
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approve and implement
policies for per diem, travel, and other |
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expenses of its officials,
officers, board members, employees, |
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and authorized persons in
a manner consistent with federal |
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guidelines. |
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Section 3. Section
421.09, Florida Statutes, is amended to |
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read: |
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421.09 Operation
not for profit.-- |
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(1) It
is the policy of this state that each housing |
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authority shall manage and operate its
housing projects in an |
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efficient manner so as to enable it to fix
the rentals for |
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dwelling accommodations at the lowest
possible rates consistent |
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with its providing decent, safe, and
sanitary dwelling |
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accommodations, and that no housing authority
shall construct or |
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operate any such project for profit, or as a
source of revenue |
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to the city. To this end an authority shall
fix the rentals for |
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dwellings in its project at no higher rate
than it shall find to |
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be necessary in order to produce revenues
which, together with |
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all other available moneys, revenue, income,
and receipts of the |
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authority from whatever sources derived, will
be sufficient: |
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(a)(1) To
pay, as the same shall become due, the principal |
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and interest on the debentures of the
authority; |
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(b)(2) To
meet the cost of, and to provide for, |
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maintaining and operating the projects,
including the cost of |
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any insurance, and the administrative
expenses of the authority; |
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and |
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(c)(3) To
create, during not less than the 6 years |
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immediately succeeding its issuance of any
debentures, a reserve |
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sufficient to meet the largest principal and
interest payments |
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which will be due on such debentures in any
one year thereafter, |
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and to maintain such reserve. |
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(2) This
section shall in no way prohibit or restrict the |
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activities or operations
of the business entities created |
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pursuant to s. 421.08(8). |
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Section 4. Section
421.23, Florida Statutes, is amended to |
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read: |
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421.23 Liabilities
of authority.--In no event shall the |
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liabilities, whether ex contractu or ex
delicto, of an authority |
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arising from the operation of its housing
projects, be payable |
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from any funds other than the rents, fees,
or revenues of such |
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projects and any grants or subsidies paid to
such authority by |
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the Federal Government,
unless such other funds are lawfully |
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pledged by the authority's
governing board. |
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Section 5. Section
421.54, Florida Statutes, is repealed. |
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Section 6. This
act shall take effect July 1, 2005. |