F.S.l979 FLORIDA HOUSING ACT Ch. 420

Transcription

1 F.S.l979 FLORIDA HOUSING ACT Ch. 420 (3) "Eligible sponsor" or "eligible developer" means any person, firm, corporation, municipality, or federal, state, or local agency eligible to sponsor or develop housing for persons of low or moderate income under any housing program of the federal, state, or local governments. (4) "Fund" means the Revolving Land Acquisition and Site Development Trust Fund. (5) "Persons of low or moderate income" means persons or families who lack the amount of income which is necessary, as determined by federal law, to enable them, without financial assistance, to live, without overcrowding, in decent, safe, and sanitary dwellings. (6) "Secretary" means the Secretary of Community Affairs. History.-s. 3, ch ; ss. 3, 12, ch Revolving Land Acquisition and Site Development Trust Fund established.-there is established in the State Treasury a separate revolving trust fund to be called "the Revolving Land Acquisition and Site Development Trust Fund." There shall be deposited into the fund all moneys appropriated by the Legislature or moneys received from any other source for the purpose of this part and all proceeds derived from the use of such moneys; however, interest earned on loans made from the fund as well as income earned by the fund invested pursuant to s shall revert to the Revolving Land Acquisition and Site Development Trust Fund and shall be used by the department to cover administrative and personnel costs incurred in implementing the provisions of this part. Any interest earned on loans or income from the invested fund not required for the administration or implementation of this part shall revert to the Revolving Land Acquisition and Site Development Trust Fund. History.-ss. 4, 5, ch ; s. 4, ch Loans authorized; purposes.- (1) The secretary is authorized to make loans to eligible borrowers for the acquisition and development of suitable sites for housing for persons of low or moderate income in areas of the state when he determines that: (a) A need for such housing exists as demonstrated by an approved feasibility letter from the appropriate agency. (b) Federal, state, or local assistance funds are available or are likely to be available to aid in the construction, maintenance, or support oflow or moderate income housing on such sites if developed. (c) Funding for land acquisition and site development is not readily available in the area from private sources. (2) Loan recipients shall use moneys borrowed from the fund to purchase or contract to purchase from any person, firm, corporation, municipality, county, or federal or state agency real property and provide for such improvements to the real property that the loan recipient and the secretary determine are reasonably necessary for development ofhousing and housing-related facilities for persons of low or moderate income. The secretary may authorize a loan for the site upon which the housing is to be situated and sites designated for other uses that are 851 deemed to be necessary to such housing, as defined by the rules and regulations. (3) Such real property or any portion thereof purchased and developed under this part shall be made available to an eligible developer or sponsor for the purpose of construction of housing for persons oflow or moderate income, or directly to a qualified low or moderate income family, at such price and upon such terms as are consistent with the loan agreement. The loan recipient shall, by public notice through publication in a newspaper having a general circulation in the community at least 30 days prior to the execution of any contract for the sale of such real property, invite proposals from, and make available all pertinent information to, eligible developers or any persons interested in undertaking to develop housing on such real property or any portion thereof. The loan recipient shall consider all such development proposals and other relevant factors, including, but not limited to, financial and legal factors and the construction and development capability of the persons making such proposals to carry them out. Such real property or any portion may be disposed of by the loan recipient, and in turn by the eligible developer, at a price not to exceed the actual prorated land costs, development costs, accrued taxes, and interest. History.-s. 6, ch ; s. 1, ch ; s. 5, ch cf.-s Expiration of lending authority Terms of loan agreements.- (!) In addition to any terms or conditions which the secretary may require, each loan agreement shall include: (a) Provision for interest, which shall be set at 3 percent per annum. (b) Provision for a schedule for the repayment of principal and interest upon terms not to exceed 3 years. However, the secretary, upon review after the expiration of no less than 18 months of the original term, is authorized to extend the terms of a loan for an additional period not to exceed 2 years. (c) Provisions for reasonable security for the loan to insure the repayment of the principal and any interest accrued within the term specified. Reasonable security shall be a promissory note secured by: 1. A mortgage from the eligible borrower on the property to be improved or to be purchased and improved from the proceeds of the loan. 2. Other forms of collateral acceptable to the secretary. (d) Provisions to insure that the land acquired shall be utilized for the development of housing and related services for persons of low or moderate income. (e) Provisions to insure, to the extent possible, that any accrued savings in cost due to the availability of these funds shall be passed on to persons of low or moderate income in the form of lower prices or rents for dwellings constructed on such land. (f) Provision that no land acquired through assistance under this part shall be disposed of or alienated in any way except for the provision of housing for persons of low and moderate income in a manner that in no way violates Title VIII of the 1968 Civil Rights Act, which specifically prohibits discrimination based on race, color, religion, or national origin

2 Ch. 420 FLORIDA HOUSING ACT F.S.1979 in the sale of vacant land to be used for residential purposes. (2) No single loan made under this section shall exceed the lesser of: (a) The development and acquisition costs, as determined by rule of the secretary; or (b) Four hundred thousand dollars, unless it is determined by the secretary that any excess amount will be recovered through assured refunds before the maturity of the loan from sources such as the United States Housing and Urban Development Block Grant, Farmers Home Administration loan programs, or utility companies and be used for pertinent facilities financed with the loan. History.-s. 7, ch ; s. 1, ch ; s. 6, ch cf.-s Expiration of lending authority Rules and regulations; annual report.-the secretary is authorized to promulgate rules and regulations, on or before February 1, 1975, necessary to establish terms and conditions that will insure that the purposes of this part are carried out and the state's interests are adequately protected. The secretary shall submit to the Governor by June 30 an annual report with complete details of the amount loaned, interest earned, loan recipients, persons housed, and the balances on all loans outstanding at the end of each fiscal year. History.-s. 8, ch cf.-s Expiration of lending authority Default by borrower; power of the secretary.-in the event of default on a loan, the secretary is empowered on behalf of the state to foreclose on any mortgage or security interest or commence any legal action to protect the interest of the state and recover the amount of the unpaid principal, accrued interest, and fees on behalf of the fund. History.--<~. 9, ch ; s. 11, ch cf.-s Expiration of lending authority Failure or inability of the eligible borrower to cause housing to be developed on land purchased; recourse.-the secretary is authorized to take appropriate legal action to transfer title of the land to the state when: (1) A loan recipient does not cause the land to be developed for housing for persons and families oflow or moderate income within 3 years from the execution of the loan agreement, unless the secretary has extended the term of the loan. (2) It is jointly determined by the secretary and the loan recipient that, because of a change in the characteristics of the parcel acquired or because of a change in federal, state, or local programs, it is impossible for the land to be developed for housing for persons of low or moderate income. All land so acquired shall be administered by the secretary in accordance with s History.--<~. 10, ch cf.-s Expiration of lending authority Disposition of property accruing to the state.-when, because ofthe effects ofthis part, title to lands is acquired by the state to be administered by the secretary, the following provisions shall apply: (1) Subject to the approval of the Board of Trustees of the Internal Improvement Trust Fund, and pursuant to rules and regulations promulgated by the secretary and approved by such trustees, the secretary is empowered to make land so acquired available to eligible sponsors for the provision of housing for persons oflow or moderate income, and, in such cases, the conveyance and reconveyance procedures for state lands as provided in chapters 253 and 270 shall not apply. (2) When the secretary determines that it is not possible for the land to be developed for housing for persons oflow or moderate income, the land shall be sold in accordance with the conveyance and reconveyance procedures for state lands as provided in chapters 253 and 270, with all net proceeds 'to be deposited to the fund. History. --<~. 11, ch Lands; subject to taxation.-lands purchased under this part shall not be exempted from ad valorem taxation while title is held by the loan recipient. Such taxes shall accrue and be capitalized as part of the total development costs. History.-s. 12, ch Expiration of lending authority. The lending authority granted to the secretary under this part shall expire June 30, All unencumbered and repaid funds after this date shall revert and be transferred to the General Revenue Fund of the state, unallocated. Loan repayments received in the fund after June 30, 1985, shall revert and be transferred to the General Revenue Fund, unallocated, as they are received. History.-s. 14, ch ; s. 7, ch PART IV FARMWORKER HOUSING ASSISTANCE Short title. Finding and declaration of necessity. Purpose. Definitions. Farmworker Housing Assistance Trust Fund. Grants authorized; activities eligible for support. Application procedure. Rules of the department; annual reports. Application of Florida Residential Landlord and Tenant' Act. Right to receive visitors. Administration. Supplementary nature of part. Expiration of this part Short title.-this part shall be known as the "Farmworker Housing Assistance Act." History.-ss. 1, 5, ch 'Note.-Expires July 1, 1984.

3 F.S.1979 FLORIDA HOUSING ACT Ch Finding and declaration of necessity. -In addition to the findings and declarations in ss , , , , and , which are hereby reaffirmed, it is hereby found and declared by the Legislature that: (1) There continues to exist a serious shortage of safe, decent, and sanitary dwelling accommodations for farm workers in many parts of the state. (2) Existing private, local, state, and federal resources have not been adequate to remedy this shortage. (3) The provision of farmworker housing assistance grants is necessary to make full and complete utilization of currently available resources for farmworker housing. (4) The provision of farmworker housing assistance grants to local public bodies and nonprofit organizations for farm worker housing centers is exclusively for essential public and governmental purposes for which public money may be spent, and the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of express legislative determination. History.-ss. 1, 5, ch 'Note.-Expires July 1, Purpose.-The purpose of this part is: (1) To provide for financial and technical assistance to public bodies and nonprofit groups who will provide for the sponsorship of farm worker housing, financed by agencies of the Federal Government, in areas of the state where the need for such housing clearly exists. (2) To develop and enhance maximum flexibility in the use of federal assistance and funds in the provision of housing for this segment of Florida's population. (3) To provide this state and its local governments a greater ability to define the housing needs, set priorities, and design housing centers for its citizens that respond directly to local farm worker housing conditions. (4) To create a Farmworker Housing Assistance Trust Fund to be used by nonprofit and public bodies that sponsor farmworker housing. History.-=ss. 1, 5, ch 'Note.-Expires July 1, Definitions.-For the purpose of this part, unless the context indicates otherwise: (1) "Application" means a written request for a farmworker housing assistance grant to sponsor farmworker housing. (2) "Farmworker housing assistance grant" means grant assistance by the state, from funds appropriated by this part, to local public bodies or nonprofit organizations which seek to sponsor farmworker housing centers, such funds to be expended only for the purposes authorized in s (3) "Local public body" means any local or regional housing agency identified by a local governing body as its agent to deal with the provision of housing for low and moderate income persons within its jurisdiction and includes, without limitation, a housing authority created pursuant to chapter 421 and a unit of local government. (4) "Nonprofit organization" means any group incorporated under chapter 617 to provide housing and other services on a not-for-profit basis, and which is acceptable to federal and state lending agencies as a sponsor of farmworker housing. (5) 2 "Department" means the Department of Community Affairs. (6) "Fund" means the Farmworker Housing Assistance Trust Fund. (7) 2 "Secretary" means the Secretary of Community Affairs. (8) "Sponsor" means a local public body or nonprofit organization which makes application for a farmworker housing assistance grant. (9) "Farmworker housing" includes dwelling units, structures, and facilities that are deemed necessary to such housing. (10) "Farmworker" shall be commensurate with the definition used by the lending agency. In the absence of a definition by the lending agency, "farmworker" means any person employed in the harvesting of agricultural crops who derives at least 50 percent of his income from such employment. History.-ss. 1, 5, ch 'Note.-Expires July 1, Note.--Section 3, ch , provides that in the event of reorganization in which the Bureau. of Migrant Labor is transferred to the Office of the Gover nor, the functions provided by ch shall be transferred with the bureau, and powers and duties delegated by ch to the Secretary of Community Affairs shall be reposed in the Office of the Governor. Section 4, ch , provides that all powers, duties, functions, records, property, and funds of the migrant labor section of the Department of Community Affairs are transferred to the Executive Office of the Governor Farmworker Housing Assistance Trust Fund.- (1) There is established in the State Treasury a separate trust fund to be named the "Farmworker Housing Assistance Trust Fund." There shall be deposited into the fund the moneys specified in s. 2 of chapter , Laws of Florida. Income earned by the fund invested pursuant to s shall be deposited in the General Revenue Fund of the state unallocated. The fund shall be administered by the 2 department according to the provisions ofthis part and with moneys appropriated by s. 2 of chapter , Laws of Florida, for that purpose. (2). All funds in the Farmworker Housing Assistance Trust Fund on June 30, 1984, shall revert and be transferred to the General Revenue Fund unallocated. History.-ss. 1, 4, 5, ch 'Note.-Expires July 1, 'Note.-Section 3, ch , provides that in the event of reorganization in which the Bureau of Migrant Labor is transferred to the Office of the Governor, the functions provided by ch shall be transferred with the bureau, and powers and duties delegated by ch to the Secretary of Community Affairs shall be reposed in the Office of the Governor. Section 4, ch , provides that all powers, duties, functions, records, property, and funds of the migrant labor section of the Department of Community Affairs are transferred to the Executive Office of the Governor Grants authorized; activities eligible for support.- (1) The 2 secretary is authorized to make grants from the fund to eligible local public bodies and nonprofit organizations when the secretary determines that: (a) A need for farmworker housing exists in the area described in the application. (b) Federal, state, or local assistance funds are available or are likely to be available to aid in the site acquisition, construction, maintenance, or sup- 853

4 Ch. 420 FLORIDA HOUSING ACT F.S.1979 port of the farm worker housing described in the application. (c) Funds from other sources are not readily available. (d) When an application is from a nonprofit organization, the governing board of which consists of not less than one-third farmworker representation. (2) Activities of sponsors which are eligible for farmworker housing assistance grants include, but are not limited to: (a) Loan and grant packaging activities required to initiate a farmworker housing center or rehabilitate an existing farmworker housing center, including, but not limited to, administrative, engineering, and legal requirements of the program sponsor and the lending institutions. (b) Provision of earnest money for site acquisition. (c) Initiation of a management component to make the farmworker housing center self-sustaining. (d) Initiation of a counseling component for residents of the farm worker housing center. (3) The grant authority of the 2 secretary under this part shall expire June 30, History.-ss. 1, 4, 5, ch 'Note.-Expires July 1, Note.-Section 3, ch , provides that in the event of reorganization in which the Bureau of Migrant Labor is transferred to the Office of the Governor, the functions provided by ch shall be transferred with the bureau, and powers and duties delegated by ch to the Secretary of Community Affairs shall be reposed in the Office of the Governor. Section 4, ch , provides that all powers, duties, functions, records, property, and funds of the migrant labor section of the Department of Community Affairs are transferred to the Executive Office of the Governor. ' Application procedure.- (!) Applications shall be submitted to the 2 Bureau of Migrant Labor in a form established by rule of the 2 department. To be considered, an application must meet the requirements of s (1) and: (a) Indicate that the sponsor meets all requirements of local, state, and federal lending agencies relative to its eligibility as a sponsor of farm worker housing. (b) Be accompanied by a resolution of the governing board ofthe sponsor authorizing the application. (c) Contain such other information or material required by the rules of the 2 department. (2) The 2 Bureau of Migrant Labor shall review applications and make recommendations to the 2 secretary relative to granting or denying the application. A recommendation to grant an application shall be accompanied by a recommended amount of the grant and necessary further conditions or requirements. History.-ss. 1, 5, ch 'Note.-Expires July 1, Note.-Section 3, ch , provides that in the event of reorganization in which the Bureau of Migrant Labor is transferred to the Office of the Governor, the functions provided by ch shall be transferred with the bureau, and powers and duties delegated by ch to the Secretary of Community Affairs shall be reposed in the Office of the Governor. Section 4, ch , provides that all powers, duties, functions, records, property, and funds of the migrant labor section of the Department of Community Affairs are transferred to the Executive Office of the Governor. expended, the required content of applications, application procedures, and reporting requirements for sponsors awarded grants under this part. (2) The 2 secretary shall submit to the Governor, the Speaker of the House of Representatives, and the President of the Senate by June 30 an annual report summarizing grants made, loan commitments received by sponsors, and projects initiated and completed. History.-ss. 1, 5, ch 'Note.-Expires July 1, Note.-Section 3, ch , provides that in the event of reorganization in which the Bureau of Migrant Labor is transferred to the Office of the Governor, the functions provided by ch shall be transferred with the bureau, and powers and duties delegated by ch to the Secretary of Community Affairs shall be reposed in the Office of the Governor. Section 4, ch , provides that all powers, duties, functions, records, property, and funds of the migrant labor section of the Department of Community Affairs are transferred to the Executive Office of the Governor. ' Application of Florida Residential Landlord and Tenant Act.-Tenants residing in any housing constructed under this part shall be subject to the provisions of part II of chapter 83, the Florida Residential Landlord and Tenant Act, provided that there shall be no eviction except for good cause shown. History.-ss. 1, 5, ch 'Note.-Expires July 1, ' Right to receive visitors.-the right of residents living in facilities constructed under this part to receive visitors of their choice shall not be abridged. History.-ss. 1, 5, ch 'Note.-Expires July 1, ' Administration.-The administration of this part shall be commensurate with the cooperation agreement between the Governor of the State of Florida and the Government of the United States of America acting through the United States Department of Agriculture, its agent. History.-ss. 1, 5, ch 'Note.-Expires July 1, ' Supplementary nature of part.-the prov1s10ns of this part and the powers conferred herein shall be in addition and supplemental to those conferred by any other law. History.-ss. 1, 5, ch 'Note.-Expires July 1, ' Expiration of this part.-the provisions of this part shall expire and be void and inoperative on July 1, History.-s. 5, ch 'Note.-Expires July 1, ' Rules of the 2 department; annual reports. (1) The 2 secretary is authorized to adopt rules necessary to implement this part and to further specify the purposes for which grant funds may be PARTV NEIGHBORHOOD HOUSING REHABILITATION PROGRAMS Short title. Legislative findings. Policy and purpose. Definitions. Neighborhood Housing Fund. Eligible applicants. Project eligibility. Services Grant

5 F.S.1979 FLORIDA HOUSING ACT Ch Eligible activities Authority of the department Short title.-sections may be cited as the "Neighborhood Housing Services Act." History.-s. 1, ch neighborhoods by combining public resources with private resources. (10) The creation and expansion of neighborhood housing services programs among the municipalities and counties of this state will serve the interests of the citizens of this state. History.-s. 2, ch Legislative findings.-the Legislature finds that: (1) A substantial number of housing units in this state are in deteriorating condition, many residents are living in dwelling units which do not conform to applicable local codes and ordinances that are intended to ensure the health and safety of the occupants, and this condition impedes the development and conservation ofhealthy, safe, and viable communities in this state. (2) Deteriorating housing contributes to the decline of neighborhoods and the surrounding areas, causes a reduction of the value of property comprising the tax base oflocal communities, and eventually requires the expenditures of disproportionate amounts of public funds for health, social services, and police protection to prevent the development of slums and the social and economic disruption found in slum communities. (3) The rehabilitation of suitable housing will increase its economic life, is more economical and less disruptive than replacement of the housing and the relocation of its occupants, can better promote community development when conducted through organized housing rehabilitation programs, and is essential to promote sound community development in this state. (4) The rehabilitation of housing will result in the conservation of energy and environmental resources through the installation of insulation and through discouraging the inefficient use of energy and environmental resources caused by low density sprawl in undeveloped areas. (5) Unless the problems of deteriorating housing and the accompanying problems associated with the decline of neighborhoods and surrounding areas and the loss of valuable property from the tax base are addressed, the health, safety, and welfare of the residents of the affected communities and of this state will be detrimentally affected. (6) The amount of public resources currently available or likely to be available for the rehabilitation and maintenance of marginal or substandard residential units in this state is grossly inadequate. (7) If significant progress is to be made in adequately reducing or eliminating substandard housing in this state, it is imperative that the resources of the private sector be urged to assist in the rehabilitation of housing. (8) A partnership of state and local public agencies with private residential financing institutions to coordinate and optimize their respective resources is critical to any serious effort to conserve and protect the state's increasingly valuable stock of existing housing. (9) The neighborhood housing services program of the Neighborhood Reinvestment Corporation has proven itself to be a highly effective mechanism for rehabilitating housing and revitalizing declining Policy and purpose.-it is the policy of this state to provide a necessary means to prevent the deterioration of housing, the decline of neighborhoods and surrounding areas, and the inefficient use of energy and environmental resources associated with such deterioration and decline. The purpose of ss are to assist local governments in participating in a cooperative program with private financial institutions to deliver effective and continuing support to declining neighborhoods in order to reverse that decline and restore the health and vitality of such neighborhoods. The Legislature, therefore, declares that the rehabilitation of housing to facilitate the preservation and revitalization of neighborhoods, the development of healthy, safe, and viable communities in this state, and all the purposes of ss are public purposes for which public money may be borrowed, expended, loaned, and granted. History.-s. 3, ch Definitions.-As used in ss : (1) "Department" means the Department of Community Affairs. (2) "Secretary" means the Secretary of the Department of Community Affairs. (3) "Fund" means the Neighborhood Housing Services Grant Fund. (4) "Local government" means any county or incorporated municipality within this state. (5) "Neighborhood housing services corporation" means a private, nonprofit, community-based corporation organized under the laws of this state to develop and administer a local neighborhood housing services program. (6) "Neighborhood housing services program" means a program developed by the Neighborhood Reinvestment Corporation and implemented locally by neighborhood housing services corporations to stimulate reinvestment in urban neighborhoods. (7) "Neighborhood Reinvestment Corporation" means a corporation or its successor sponsored by the United States Department of Housing and Urban Development, the Federal Home Loan Bank Board, the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration for the purpose of creating a partnership between private financial institutions, government, and citizens to undertake the rehabilitation and revitalization of declining residential neighborhoods. (8) "Project" means a neighborhood housing services program distinctly established and funded to serve a defined neighborhood. (9) "Rehabilitation" means the repair, renovation, reconstruction, or other improvement of housing to restore that housing to a sound condition or to

6 Ch. 420 FLORIDA HOUSING ACT F.S.1979 ensure that the housing can be maintained in that condition or to improve the general utility and attractiveness of such housing. History.-s. 4, ch Neighborhood Housing Services Grant Fund.-There is established in the State Treasury a separate trust fund to be called the Neighborhood Housing Services Grant Fund. The fund shall be administered by the department as a grant fund for carrying out the purposes of ss There shall be deposited into the fund all moneys appropriated by the Legislature or moneys received from any other sources for the purpose of ss History.-s. 5, ch Eligible applicants.-to receive a grant, an applicant must: (1) Be a local government within this state; (2) Be able to demonstrate a clear need for the financial assistance made available through ss ; and (3) Be certified by the Neighborhood Reinvestment Corporation Program as a participant. History.-s. 6, ch Project eligibility.- (!) Grants may be provided to newly incorporated projects or to existing projects that are expanding to include adjacent geographical areas. Projects are eligible for funding each time they expand. (2) Each individual project of a local government having one or more projects within its jurisdiction is eligible for funding. (3) In no case shall more than $125,000 be granted to an individual project. History.-ss. 8, 9, ch Eligible activities.-grant recipients may use grant funds made available pursuant to ss to fulfill some or all of the local government's financial responsibility for participating in the program. Use of these grant funds is restricted to: (1) Supporting the development of the corporation; (2) Providing operating support to the neighborhood housing services corporation; and (3) Funding a revolving high risk loan fund. History.-s. 7, ch Authority of the department.-the department shall have all the powers necessary to carry out the purposes and provisions ofss The department may: (1) Make contracts and agreements with the Federal Government, other agencies of the state, any other public agency, or any other person, association, corporation, local government, or other entity in exercising its powers and performing its duties under ss (2) Seek and accept funding from any public or private source. (3) Adopt and enforce rules not inconsistent with ss for the administration of the Neighborhood Housing Services Grant Fund. (4) Assist in training employees oflocal governments and local agencies to help achieve and increase their capacity to administer community conservation programs and provide technical assistance and advice to local governments and local agencies involved with neighborhood housing services programs. History.-s. 10, ch

7 F.S.1979 PUBLIC HOUSING Ch. 421 CHAPTER 421 PUBLIC HOUSING PART I HOUSING AUTHORITIES (ss ) PART II MISCELLANEOUS PROVISIONS (s ) PART I HOUSING AUTHORITIES State's role in housing and urban development. Short title. Finding and declaration of necessity. Definitions. Creation of housing authorities. Appointment, qualifications, and tenure of commissioners. Interested commissioners or employees. Removal of commissioners. Powers of authority. Operation not for profit. Financial accounting and investments; fiscal year. Rentals and tenant selection. False representations to obtain lower rent in housing accommodations; penalty. Cooperation of authorities. Eminent domain. Planning, zoning and building laws. Debentures. Form and sale of debentures. Provisions of debentures and trust indentures. Validation of debentures and proceedings. Remedies of an obligee of authority. Additional remedies conferrable by authority. Aid from Federal Government; tax exemptions. Reports. Liabilities of authority. Organization and establishment. Contracts and undertakings. Notes and bonds. Continuance of municipal housing authorities when municipality abolished; counties in excess of 400,000. Housing authorities in counties. Creation of regional housing authority. Area of operation of regional housing authority. Commissioners of regional authorities. Powers of regional housing authority; definitions. Rural housing projects. Execution of mortgages. Housing applications by farmers. Additional definitions. Supplemental nature of sections. Short title Defense housing; finding and declaration of necessity. Defense housing by authorities. Acting for Federal Government on defense housing. Cooperation by public bodies on defense housing. Bonds for defense housing legal investments. Defense housing contracts validated. Removal of restrictions for defense housing. Defense housing; definitions. Provisions supplemental. Organization and establishment of housing authorities validated. Contracts and undertakings of housing authorities validated. Notes and bonds of housing authorities validated. Area of operation of housing authorities for defense housing. Decreasing area of operation of regional authority. Authority for county excluded from regional authority. Authorities; creation, obligations, etc., validated. Housing authority, Orange and Seminole Counties; limitation State's role in housing and urban development.-the role of state government required by part I of chapter 421 (Housing Authorities Law), chapter 422 (Housing Cooperation Law), chapter 423 (Tax Exemption of Housing Authorities), and chapter 424 (Limited Dividend Housing Companies) is the responsibility of the Department of Community Affairs, and the department is the agency of state government responsible for the state's role in housing and urban development. History.-s. 18, ch Short title.-part I of this chapter may be referred to as the "Housing Authorities Law." History.-s. 1, ch , 1937; CGL 1940 Supp. 7100(3-a) Finding and declaration of necessity. -It is hereby declared that: (1) There exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accom-

8 Ch. 421 PUBLIC HOUSING F.S.1979 modations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health, welfare and safety, fire and accident protection, and other public services and facilities. (2) Slum areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income, as herein defined, would therefore not be competitive with private enterprise. (3) The clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons oflow income, including the acquisition by a housing authority of property to be used for or in connection with housing projects or appurtenant thereto, are exclusively public uses and purposes for which public money may be spent and private property acquired and are governmental functions of public concern. (4) The necessity in the public interest for the provisions hereinafter enacted, is hereby declared as a matter of legislative determination. History.-s. 2. ch , 1937; CGL 1940 Supp. 7100(3-b) Definitions.-The following terms, wherever used or referred to in this part, shall have the following respective meanings for the purposes of this part, unless a different meaning clearly appears from the context: (1) "Authority" or "housing authority" shall mean any of the public corporations created by s (2) "City" shall mean any city or town of the state having a population of more than 2,500, according to the last preceding federal or state census. "The city" shall mean the particular city for which a particular housing authority is created. (3) "Governing body" shall mean the city council, the commission, or other legislative body charged with governing the city, as the case may be. (4) "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city. (5) "Clerk" shall mean the clerk of the city or the officer of the city charged with the duties customarily imposed on the clerk thereof. (6) "Area of operation": (a) In the case of a housing authority of a city having a population ofless than 25,000, shall include such city and the area within 5 miles of the territorial boundaries thereof; and (b) In the case of a housing authority of a city having a population of 25,000 or more shall include such city and the area within 10 miles from the territorial boundaries thereof; provided however, that the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as herein defined; and further provided that the area of operation shall not extend outside of the boundaries of the county in which the city is located and no housing authority shall have any power or jurisdiction outside of the county in which the city is located. (7) "Federal Government" shall include the United States, the Federal Emergency Administration of Public Works or any other agency or instrumentality, corporate or otherwise, of the United States. (8) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals. (9) "Housing project" shall mean any work or undertaking: (a) To demolish, clear, or remove buildings from any slum area; such work or undertaking may embrace the adaption of such area to public purposes, including parks or other recreational or community purposes; or 858 (b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare or other purposes; or (c) To accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. (10) "Persons oflow income" shall mean persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. (11) "Debentures" shall mean any notes, interim certificates, debentures, revenue certificates, or other obligations issued by an authority pursuant to this chapter. (12) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, thereiri, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (13) "Obligee of the authority" or "obligee" shall include any holder of debentures, trustee or trustees for any such holders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Govern-

9 F.S.1979 PUBLIC HOUSING Ch. 421 ment when it is a party to any contract with the authority. History.-s. 3, ch , 1937; CGL 1940 Supp. 7100(3-c); s. 1, ch , 1941; s. 1, ch , 1953; s. 24, ch. 57-1; s. 1, ch Creation of housing authorities.- (!) In each city, as herein defined, there is hereby created a public body corporate and politic to be known as the "Housing Authority" of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city by proper resolution shall declare that there is need for an authority to function in such city. The determination as to whether there is such need for an authority to function: (a) May be made by the governing body on its own motion; or (b) Shall be made by the governing body upon the filing of a petition signed by 25 residents of the city asserting that there is need for an authority to function in such city and requesting that the governing body so declare. (2) The governing body may adopt a resolution declaring that there is need for a housing authority in the city if it shall find that: (a) Insanitary or unsafe inhabited dwelling accommodations exist in such city; or (b) There is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes. (3) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proofofthe adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. History.-s. 4, ch , 1937; CGL 1940 Supp. 7100(3-d) Appointment, qualifications, and tenure of commissioners.- (!) When the governing body of a city adopts a resolution as aforesaid, the mayor with the approval of the governing body shall promptly appoint five persons as commissioners of the authority created for said city. Three of the commissioners who are first appointed shall be designated to serve for terms of 1, 2, and 3 years respectively; and the remaining two of such commissioners shall be designated to 859 serve for terms of 4 years each, from the date of their appointment. Thereafter commissioners shall be appointed as aforesaid for a term of office of 4 years, except that a vacancy shall be filled for the unexpired term by an appointment of the mayor with the approval of the governing body within 60 days after such vacancy occurs. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. (2) The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor with the concurrence of the governing body shall designate which of the commissioners appointed shall be the first chairman, but when the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners. An authority shall select from among its commissioners a vice chairman, and it may employ a secretary, who shall be executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. History.-s. 5, ch , 1937; CGL 1940 Supp. 7100(3-e); s. 1, ch ; s. 1, ch Interested commissioners or em ployees.-no commissioner or employee of an authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to he furnished or used in connection with any housing project. If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any housing project, he shall immediately disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office. History.-s. 6, ch , 1937; CGL 1940 Supp. 7100(3-t).

10 Ch. 421 PUBLIC HOUSING F.S Removal of commissioners.-for inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor with the concurrence of the governing body, but a commissioner shall be removed only after he shall have been given a copy of the charges at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk. History.-s. 7, ch ; 1937; CGL 1940 Supp. 7100(3-g); s. 2, ch Powers of authority.-an authority shall constitute a public body corporate and politic, exercising the public and essential governmental functions set forth in this chapter, and having all the powers necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others herein granted: (1) To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority. (2) Within its area of operation, to prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof. (3) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; provided, however, that notwithstanding any other power or provision in this chapter, the authority shall not construct, lease, control, purchase or otherwise establish in connection with or as a part of any housing project or any other real or any other property under its control, any system, work, facilities, plants or other equipment for the purpose of furnishing utility service of any kind to such projects or to any tenant or occupant thereof in the event that a system, work, facility, plant or other equipment for the furnishing of the same utility service is being actually operated by a municipality or private concern in the area of operation or the city or the territory immediately adjacent thereto; provided, further, that nothing herein shall be construed to prohibit the construction or acquisition by the authority of any system, work, facilities or other equipment for the sole and only purpose of receiving utility services from any such municipality or such private concern and then distributing such utility services to the project and to the tenants and occupants thereof; and, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours oflabor, and comply with any conditions which the Federal 860 Government may have attached to its financial aid of the project. (4) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and, subject to the limitations contained in this chapter, to establish and revise the rents or charges therefor; to own, hold and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure or agree to the procurement of insurance or guarantees from the Federal Government of the payment of any such debts or parts thereof, whether or not incurred by said authority, including the power to pay premiums on any such insurance. (5) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to purchase its debentures at a price not more than the principal amount thereof and accrued interest, all debentures so purchased to be canceled. (6) Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstruction of slum areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing. (7) Acting through one or more commissioners or other person or persons designated by the authority; to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring the attendance of witnesses or the production ofbooks and papers and to issue commissions for the examination ofwitnesses who are outside of the state or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare. (8) To exercise all or any part_ or combination of powers herein granted. No provisions of law with respect to acquisition, operation or disposition of