Florida Senate - 2012 CONFERENCE COMMITTEE AMENDMENT Bill No. SB 1996, 1st Eng. Barcode 171672 LEGISLATIVE ACTION Senate . House . . . Floor: AD/CR . 03/09/2012 03:36 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Conference Committee on SB 1996, 1st Eng. recommended the following: 1 Senate Conference Committee Amendment (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Section 49 of chapter 2011-47, Laws of Florida, 7 is repealed. 8 Section 2. Section 51 of chapter 2011-47, Laws of Florida, 9 is repealed. 10 Section 3. The Auditor General and the Office of Program 11 Policy Analysis and Government Accountability shall conduct a 12 joint audit and review of the programs and operations of the 13 Florida Housing Finance Corporation, and shall jointly develop a 14 work plan for such audit and review to be submitted to the 15 President of the Senate and the Speaker of the House of 16 Representatives no later than July 1, 2012. The audit and review 17 shall encompass, at a minimum, a review of the corporation’s 18 assets, liabilities, income, and operating expenses; the 19 internal management, financial and operational controls 20 employed, and programmatic decisionmaking processes used; the 21 governance, direction, and oversight provided by the Florida 22 Housing Finance Corporation Board of Directors; and the 23 performance outcomes of the programs administered by the Florida 24 Housing Finance Corporation. The audit and review shall also 25 include formulation of recommendations to the Legislature for 26 changes to the structure, governance, and operational processes 27 of the Florida Housing Finance Corporation. Unless otherwise 28 directed in writing jointly by the President of the Senate and 29 the Speaker of the House of Representatives, a written report on 30 the audit and review shall be submitted to the President of the 31 Senate and the Speaker of the House of Representatives no later 32 than December 1, 2012. This section shall take effect upon this 33 act becoming a law. 34 Section 4. Subsection (48) is added to section 420.507, 35 Florida Statutes, to read: 36 420.507 Powers of the corporation.—The corporation shall 37 have all the powers necessary or convenient to carry out and 38 effectuate the purposes and provisions of this part, including 39 the following powers which are in addition to all other powers 40 granted by other provisions of this part: 41 (48) To use up to 10 percent of its annual allocation of 42 low-income housing tax credits, nontaxable revenue bonds, and 43 State Apartment Incentive Loan Program funds appropriated by the 44 Legislature and available to allocate by request for proposals 45 or other competitive solicitation funding for high-priority 46 affordable housing projects, such as housing to support economic 47 development and job-creation initiatives, housing for veterans 48 and their families, and other special needs populations in 49 communities throughout the state as determined by the 50 corporation on an annual basis. 51 Section 5. Subsections (9) and (10) are added to section 52 420.5087, Florida Statutes, to read: 53 420.5087 State Apartment Incentive Loan Program.—There is 54 hereby created the State Apartment Incentive Loan Program for 55 the purpose of providing first, second, or other subordinated 56 mortgage loans or loan guarantees to sponsors, including for 57 profit, nonprofit, and public entities, to provide housing 58 affordable to very-low-income persons. 59 (9) The corporation is authorized to accept payment of 60 deferred program interest at an interest rate that is consistent 61 with rates currently authorized under this section, if the 62 deferred interest is paid in not more than five equal annual 63 installments, subject to the qualifications contained in this 64 subsection. 65 (10) Funding under this subsection shall be to preserve 66 existing projects having financing guaranteed under the Florida 67 Affordable Housing Guarantee Program pursuant to s. 420.5092. 68 (a) A project shall be given priority for funding if: 69 1. It was approved by the corporation board in calendar 70 year 2011 to provide additional units for extremely-low-income 71 persons as defined in s. 420.0004; 72 2. The Guarantee Program mortgage note was executed and 73 recorded not later than September 30, 2003; 74 3. It commits to provide additional units for extremely 75 low-income persons; and 76 4. The shareholders, members, or partners of the project 77 owner have funded deficits in an amount that is not less than 20 78 percent of the State Apartment Incentive Loan not later than 79 closing of any financing made under this subsection. 80 (b) The maximum amount that may be funded under this 81 subsection is $2.5 million per project. 82 (c) This subsection expires June 30, 2013. 83 Section 6. Subsection (11) of section 445.009, Florida 84 Statutes, is amended to read: 85 445.009 One-stop delivery system.— 86 (11) A participant in an adult or youth work experience 87 activity administered under this chapter shall be deemed an 88 employee of the state for purposes of workers’ compensation 89 coverage. In determining the average weekly wage, all 90 remuneration received from the employer shall be considered a 91 gratuity, and the participant is
shallnot beentitled to any 92 benefits otherwise payable under s. 440.15, regardless of 93 whether the participant may be receiving wages and remuneration 94 from other employment with another employer and regardless of 95 his or her future wage-earning capacity. This subsection expires96 July 1, 2012.97 Section 7. The Legislature recognizes that there is a need 98 to conform the Florida Statutes to the policy decisions 99 reflected in this act. Therefore, the Department of Economic 100 Opportunity is directed to prepare draft legislation to conform 101 the Florida Statutes to the provisions of this act. The 102 department shall submit the draft legislation to the Governor, 103 the President of the Senate, and the Speaker of the House of 104 Representatives on or before October 1, 2012. 105 Section 8. If the governing body of an independent special 106 district that provides water, wastewater, and sanitation 107 services in a disproportionally affected county, as defined in 108 s. 288.106(8), Florida Statutes, determines that a new user or 109 the expansion of an existing user of one or more of its utility 110 systems will provide a significant benefit to the community in 111 terms of increased job opportunities, economies of scale, or 112 economic development in the area, the governing body may 113 authorize a reduction of its rates, fees, or charges for that 114 user for a specified period of time. A governing body that 115 exercises this power must do so by resolution that states the 116 anticipated economic benefit justifying the reduction as well as 117 the period of time that the reduction will remain in place. 118 Section 9. Except as otherwise expressly provided in this 119 act and except for this section, which shall take effect upon 120 this act becoming a law, this act shall take effect July 1, 121 2012. 122 123 ================= T I T L E A M E N D M E N T ================ 124 And the title is amended as follows: 125 Delete everything before the enacting clause 126 and insert: 127 A bill to be entitled 128 An act relating to the Department of Economic 129 Opportunity; repealing s. 49 of chapter 2011-47, Laws 130 of Florida; abrogating the future expiration of an 131 amendment to s. 163.3247(3)(d), F.S., to nullify the 132 reversion of the text of that paragraph to that in 133 existence on June 30, 2010; repealing s. 51 of chapter 134 2011-47, Laws of Florida; abrogating the future 135 expiration of an amendment to s. 201.15(1)(c)2., F.S., 136 to nullify the reversion of the text of that 137 subparagraph to that in existence on June 30, 2010; 138 requiring the Auditor General and the Office of 139 Program Policy Analysis and Government Accountability 140 to conduct a joint audit and review of the Florida 141 Housing Finance Corporation; amending s. 420.507, 142 F.S.; revising powers of the Florida Housing Finance 143 Corporation; amending s. 420.5087, F.S.; revising 144 provisions relating to the State Apartment Incentive 145 Loan Program; authorizing the corporation to accept 146 payment of deferred program interest under certain 147 circumstances; providing funding for projects that 148 meet certain criteria; providing for future 149 expiration; amending s. 445.009, F.S.; deleting the 150 future expiration of provisions authorizing workers’ 151 compensation coverage for a participant in an adult or 152 youth work experience activity; directing the 153 Department of Economic Opportunity to prepare draft 154 legislation to conform the Florida Statutes to the 155 provisions of the act; requiring that the department 156 submit the draft legislation to the Governor and 157 Legislature by a specified date; authorizing a local 158 governmental entity that is an independent special 159 district providing certain utility services to reduce 160 its rates by resolution for a specified time for a 161 user that will provide a community benefit; providing 162 effective dates.