Florida 2022 Regular Session

Florida House Bill H0879 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act relating to Broward County; creating the 2
14	14	Broward County Affordable Housing Improvement Act; 3
15	15	providing definitions; authorizing the levy of a 4
16	16	discretionary surtax to establish and finance 5
17	17	affordable housing for certain persons; specifying the 6
18	18	cap for the rate of the surtax; specifying 7
19	19	requirements for reauthorizing the discretionary 8
20	20	surtax; specifying the documents and conditions under 9
21	21	which the surtax appli es; specifying the procedures a 10
22	22	county must use before levying the surtax; requiring 11
23	23	that surtax proceeds be deposited in the county's 12
24	24	affordable housing trust fund; specifying authorized 13
25	25	and prohibited uses of surtax proceeds; providing 14
26	26	exceptions; providing an exception to general law; 15
27	27	prohibiting the rehabilitation of housing owned by 16
28	28	certain governments without a specified vote; 17
29	29	requiring the Office of Program Policy Analysis and 18
30	30	Government Accountability to review the discretionary 19
31	31	surtax program at a specified interval and provide 20
32	32	reports to the Governor and Legislature; providing an 21
33	33	effective date. 22
34	34	23
35	35	Be It Enacted by the Legislature of the State of Florida: 24
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38	38	HB 879 2022
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	Section 1. Short title.—This act may be cited as the 26
48	48	"Broward County Affordable Housing Improvement Act." 27
49	49	Section 2. Definitions.—For purposes of this act, the 28
50	50	term: 29
51	51	(1) "Adjusted for family size" means the adjustment of the 30
52	52	income eligibility level to a lower level for households having 31
53	53	fewer than four persons and a higher level for h ouseholds having 32
54	54	more than four persons as compared to the base income 33
55	55	eligibility determined as provided in subsections (10), (11), 34
56	56	and (12) which shall be based upon a formula established by the 35
57	57	United States Department of Housing and Urban Development. 36
58	58	(2) "Affordable" means monthly rents or monthly mortgage 37
59	59	payments including taxes and insurance that do not exceed 30 38
60	60	percent of the income which represents the percentage of the 39
61	61	median annual gross income for the households indicated in 40
62	62	subsections (10), (11), and (12). 41
63	63	(3) "Affordable housing" means any real or personal 42
64	64	property located within Broward County that is constructed for 43
65	65	the primary purpose of providing decent, safe, and sanitary 44
66	66	residential units that are designed for home ownership or ren tal 45
67	67	for very low-income, low-income, and moderate -income persons and 46
68	68	families. 47
69	69	(4) "Affordable Housing Trust Fund" or "AHTF" means the 48
70	70	Broward County Affordable Housing Trust Fund approved by 49
71	71	majority vote of the Broward County electors voting in a 50
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	referendum held during the November 2018 general election and 51
83	83	codified in Section 11.09 of the Broward County Charter. 52
84	84	(5) "County" means Broward County. 53
85	85	(6) "County commission" means the Board of County 54
86	86	Commissioners of Broward County. 55
87	87	(7) "Homeownership assistance" means the assistance of 56
88	88	very low-income, low-income, and moderate -income families in 57
89	89	purchasing a home as their primary residence, including reducing 58
90	90	the cost of the home with below -market construction financing, 59
91	91	the amount of down payment and closing costs paid by the 60
92	92	borrower, or the mortgage payment to an affordable amount for 61
93	93	the purchaser or using any other financial assistance measure as 62
94	94	provided in s. 420.5088, Florida Statutes. 63
95	95	(8) "Housing" includes single -family, detached dwellings, 64
96	96	multi-family dwellings, and other residential dwellings. 65
97	97	(9) "Housing assistance voucher" means the document used 66
98	98	to access assistance paid by the county from the discretionary 67
99	99	surtax balance in the Affordable Housing Trust Fund to a 68
100	100	prospective purchaser of a single-family residence, which must 69
101	101	be the purchaser's homestead. 70
102	102	(10) "Low-income family" means one or more natural persons 71
103	103	or a family with a total anticipated income for the household 72
104	104	that does not exceed 80 percent of the median annual income 73
105	105	adjusted for family size for households within the county. 74
106	106	However, with respect to rental units, the household's annual 75
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117	income at the time of initial occupancy may not exceed 80 76
118	118	percent of the area's median income adjusted for family size. 77
119	119	While occupying the rental unit, the household's annual income 78
120	120	may increase to an amount not to exceed 140 percent of 80 79
121	121	percent of the area's median income adjusted for family size. 80
122	122	(11) "Moderate-income family" means one or more natural 81
123	123	persons or a family with a total anticipated income for the 82
124	124	household that does not exceed 140 percent of the median annual 83
125	125	income adjusted for family size for households within the 84
126	126	county. However, with respect to rental units, the household's 85
127	127	annual income at the time of initial o ccupancy may not exceed 40 86
128	128	percent of the area's median income adjusted for family size. 87
129	129	While occupying the rental unit, the household's annual income 88
130	130	may increase to an amount not to exceed 140 percent of 140 89
131	131	percent of the area's median income adjusted for family size. 90
132	132	(12) "Very low-income family" means one or more natural 91
133	133	persons or a family with a total anticipated income for the 92
134	134	household that does not exceed 50 percent of the median annual 93
135	135	income adjusted for family size for households within the 94
136	136	county. However, with respect to rental units, the household's 95
137	137	annual income at the time of initial occupancy may not exceed 50 96
138	138	percent of the area's median income adjusted for family size. 97
139	139	While occupying the rental unit, the household's annual income 98
140	140	may increase to an amount not to exceed 140 percent of 50 99
141	141	percent of the area's median income adjusted for family size. 100
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150	150	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152	152	Section 3. Affordable housing discretionary surtax on 101
153	153	documents; adoption; application of revenue. — 102
154	154	(1) The county may levy a discreti onary surtax on 103
155	155	documents for the purpose of establishing and financing 104
156	156	affordable housing countywide. 105
157	157	(2) The rate of the surtax may not exceed the rate of 45 106
158	158	cents for each $100 or fractional part thereof of the 107
159	159	consideration therefor. The surtax shall apply only to those 108
160	160	documents taxable under s. 201.02, Florida Statutes, except a 109
161	161	surtax may not be levied on any document in which the interest 110
162	162	granted, assigned, transferred, or conveyed involves only a 111
163	163	single-family residence. A single -family residence may be a 112
164	164	condominium unit, a unit held through stock ownership or 113
165	165	membership representing a proprietary interest in a corporation 114
166	166	owning a fee or a leasehold initially in excess of 98 years, or 115
167	167	a detached dwelling. 116
168	168	(3) The county commission may initiall y levy the 117
169	169	discretionary surtax authorized in this section only upon a 118
170	170	super majority vote of its entire membership. This initial levy 119
171	171	of the surtax shall expire on January 1, 2031, unless the county 120
172	172	commission places a question to reauthorize the levy of the 121
173	173	surtax before the county's electors in a referendum to be held 122
174	174	at the general election of November 2030. If a majority of the 123
175	175	electors voting in the referendum reauthorize the surtax, the 124
176	176	county commission shall place a question to reauthorize the 125
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185	185	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187	187	surtax every 12 years following the approval of the prior 126
188	188	reauthorization. 127
189	189	(4) Subject to subsection (3), the county commission shall 128
190	190	enact an ordinance which establishes the policies and procedures 129
191	191	governing the levy of the surtax, use of surtax proceeds, 130
192	192	eligibility standards, and housing assistance voucher programs 131
193	193	available to very low -income, low-income and moderate-income 132
194	194	families residing within the county. The surtax ordinance must 133
195	195	be proposed at a regular meeting of the county commission at 134
196	196	least 2 weeks before the public hearing at which the ordinance 135
197	197	will be formally enacted. The ordinance is only effective if 136
198	198	approved by a super-majority vote of the total membership of the 137
199	199	county commission. The ordinance may not take effect until 90 138
200	200	days after formal enactment or such other date prescribed by the 139
201	201	county commission, whichever is later. 140
202	202	(5) The county shall deposit all proceeds from the 141
203	203	discretionary surtax in the Affordable Housing Trust Fund and 142
204	204	shall create separate accounts within the Affordabl e Housing 143
205	205	Trust Fund to avoid commingling the proceeds generated from 144
206	206	implementation of this act and other revenues deposited by the 145
207	207	county for affordable housing. Investment earnings from the 146
208	208	proceeds deposited into AHTF pursuant to this act, if any, must 147
209	209	be retained and used for affordable housing. 148
210	210	(6)(a) The county shall use the proceeds solely to 149
211	211	increase and improve the supply of affordable housing to 150
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220	220	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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222	222	eligible households including the acquisition of property and 151
223	223	property rights, costs of construction including costs 152
224	224	associated with planning, administration, design, building or 153
225	225	installation, and any other costs necessary to finance the 154
226	226	construction, rehabilitation, or purchase of housing for very 155
227	227	low-income, low-income and moderate-income families, to pay the 156
228	228	necessary costs of collection and enforcement of the surtax, the 157
229	229	reimbursement of the county for any costs advanced from other 158
230	230	funding sources, and to fund any local matching contributions 159
231	231	required pursuant to federal law. The county's expenditure of 160
232	232	surtax proceeds shall, to the extent practical, be consistent 161
233	233	with the affordable housing incentives strategies developed and 162
234	234	recommended to the county by the Broward County Affordable 163
235	235	Housing Advisory Committee pursuant to s. 420.9076, Florida 164
236	236	Statutes. 165
237	237	(b) At least 50 percent of the funds must be used to 166
238	238	provide housing assistance for the benefit of very low -income 167
239	239	and low-income families. The county shall by ordinance divide 168
240	240	the proceeds set-aside in this paragraph to assist the housing 169
241	241	needs of very low-income and low-income households. At least 10 170
242	242	percent of the surtax proceeds must be used to provide housing 171
243	243	assistance for income -eligible, qualified individuals with 172
244	244	disabilities. Authorized uses of the proceeds include: 173
245	245	1. Providing funds for fi rst and second mortgages. 174
246	246	2. Acquiring property to form housing cooperatives. 175
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257	257	3. Acquiring land for a residential housing project, in 176
258	258	which at least 30 percent of the units are affordable to very 177
259	259	low-income, low-income, and moderate -income families, if the 178
260	260	land is owned by a local government or a special district that 179
261	261	enters into an agreement with the county to provide such 180
262	262	housing. The local government or special district may enter into 181
263	263	a ground lease with a person or entity for nominal or other 182
264	264	consideration for the construction of the residential housing 183
265	265	project on land acquired pursuant to this paragraph. 184
266	266	(c) No more than 50 percent of the revenues collected each 185
267	267	year under this section may be used to help finance new 186
268	268	construction. The proceeds of the surtax may not be used for 187
269	269	rent subsidies or grants. 188
270	270	(d) No more than 10 percent of surtax revenues collected 189
271	271	under this section by the Department of Revenue and remitted to 190
272	272	the county in any fiscal year may be used for reasonable 191
273	273	administrative costs, including reasonable consultant and legal 192
274	274	expenses related to the establishment and administration of 193
275	275	affordable housing programs, administration of the AHTF, and 194
276	276	reasonable expenses for administering the process of 195
277	277	calculating, collecting, and accounti ng for any deferred county 196
278	278	fees as authorized by county ordinance. 197
279	279	(e) Notwithstanding any other provision of the Broward 198
280	280	County Code of Ordinances or federal or state law or regulations 199
281	281	to the contrary, surtax revenues deposited in the AHTF and used 200
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290	290	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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292	292	to construct, acquire, rehabilitate, or subsidize affordable 201
293	293	housing, or assist other governmental agencies, private 202
294	294	organizations, or individuals in the construction, acquisition, 203
295	295	rehabilitation, reimbursement of county advanced funds, location 204
296	296	or subsidy of affordable housing shall, whenever feasible, be 205
297	297	disbursed in a manner to assure that the housing supply created 206
298	298	with AHTF revenues is accessible to a range of families whose 207
299	299	incomes do not exceed the United States Department of Housing 208
300	300	and Urban Development's published standards for moderate -income 209
301	301	households, adjusted for family size. 210
302	302	(7) Notwithstanding subsection (6), of the discretionary 211
303	303	surtax revenues collected by the Department of Revenue remaining 212
304	304	after any deduction for administrative costs as p rovided in 213
305	305	paragraph (6)(d), at least 35 percent shall be used to provide 214
306	306	homeownership assistance for very low -income, low-income, and 215
307	307	moderate-income families, and at least 35 percent shall be used 216
308	308	for construction, rehabilitation, and purchase of rental housing 217
309	309	units. The remaining amount may be allocated to provide for 218
310	310	homeownership assistance or rental housing units, at the 219
311	311	discretion of the county. 220
312	312	(8) Any funds allocated for homeownership assistance or 221
313	313	rental housing units that are not committed at the end of the 222
314	314	fiscal year shall be reallocated in subsequent years consistent 223
315	315	with this subsection, in that at least 35 percent shall be 224
316	316	reallocated to provide homeownership assistance for very low -225
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327	327	income, low-income, and moderate -income families, and at least 226
328	328	35 percent shall be reallocated for construction, 227
329	329	rehabilitation, and purchase of rental housing units. The 228
330	330	remaining amount of uncommitted funds may be reallocated at the 229
331	331	discretion of the county within any of the categories 230
332	332	established in this sec tion. 231
333	333	(9) Rehabilitation of housing owned by a recipient 232
334	334	government may be authorized only after a determination approved 233
335	335	by a majority vote of the total membership of the county 234
336	336	commission that no other sources of funds are available. 235
337	337	Section 4. Program review and report. —By January 1, 2026, 236
338	338	and every 5 years thereafter, the Office of Program Policy 237
339	339	Analysis and Government Accountability shall review the 238
340	340	discretionary surtax program operated under this section and 239
341	341	shall provide a report to the Govern or, the President of the 240
342	342	Senate, and the Speaker of the House of Representatives. 241
343	343	Section 5. This act shall take effect October 1, 2022. 242