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
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    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    7  is repealed.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    9  is repealed.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 shall not be entitled 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 expires
   96  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.
  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.