SB 1996 Second Engrossed 20121996e2 1 A bill to be entitled 2 An act relating to the Department of Economic 3 Opportunity; repealing s. 49 of chapter 2011-47, Laws 4 of Florida; abrogating the future expiration of an 5 amendment to s. 163.3247(3)(d), F.S., to nullify the 6 reversion of the text of that paragraph to that in 7 existence on June 30, 2010; repealing s. 51 of chapter 8 2011-47, Laws of Florida; abrogating the future 9 expiration of an amendment to s. 201.15(1)(c)2., F.S., 10 to nullify the reversion of the text of that 11 subparagraph to that in existence on June 30, 2010; 12 requiring the Auditor General and the Office of 13 Program Policy Analysis and Government Accountability 14 to conduct a joint audit and review of the Florida 15 Housing Finance Corporation; amending s. 420.507, 16 F.S.; revising powers of the Florida Housing Finance 17 Corporation; amending s. 420.5087, F.S.; revising 18 provisions relating to the State Apartment Incentive 19 Loan Program; authorizing the corporation to accept 20 payment of deferred program interest under certain 21 circumstances; providing funding for projects that 22 meet certain criteria; providing for future 23 expiration; amending s. 445.009, F.S.; deleting the 24 future expiration of provisions authorizing workers’ 25 compensation coverage for a participant in an adult or 26 youth work experience activity; directing the 27 Department of Economic Opportunity to prepare draft 28 legislation to conform the Florida Statutes to the 29 provisions of the act; requiring that the department 30 submit the draft legislation to the Governor and 31 Legislature by a specified date; authorizing a local 32 governmental entity that is an independent special 33 district providing certain utility services to reduce 34 its rates by resolution for a specified time for a 35 user that will provide a community benefit; providing 36 effective dates. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 49 of chapter 2011-47, Laws of Florida, 41 is repealed. 42 Section 2. Section 51 of chapter 2011-47, Laws of Florida, 43 is repealed. 44 Section 3. The Auditor General and the Office of Program 45 Policy Analysis and Government Accountability shall conduct a 46 joint audit and review of the programs and operations of the 47 Florida Housing Finance Corporation, and shall jointly develop a 48 work plan for such audit and review to be submitted to the 49 President of the Senate and the Speaker of the House of 50 Representatives no later than July 1, 2012. The audit and review 51 shall encompass, at a minimum, a review of the corporation’s 52 assets, liabilities, income, and operating expenses; the 53 internal management, financial and operational controls 54 employed, and programmatic decisionmaking processes used; the 55 governance, direction, and oversight provided by the Florida 56 Housing Finance Corporation Board of Directors; and the 57 performance outcomes of the programs administered by the Florida 58 Housing Finance Corporation. The audit and review shall also 59 include formulation of recommendations to the Legislature for 60 changes to the structure, governance, and operational processes 61 of the Florida Housing Finance Corporation. Unless otherwise 62 directed in writing jointly by the President of the Senate and 63 the Speaker of the House of Representatives, a written report on 64 the audit and review shall be submitted to the President of the 65 Senate and the Speaker of the House of Representatives no later 66 than December 1, 2012. This section shall take effect upon this 67 act becoming a law. 68 Section 4. Subsection (48) is added to section 420.507, 69 Florida Statutes, to read: 70 420.507 Powers of the corporation.—The corporation shall 71 have all the powers necessary or convenient to carry out and 72 effectuate the purposes and provisions of this part, including 73 the following powers which are in addition to all other powers 74 granted by other provisions of this part: 75 (48) To use up to 10 percent of its annual allocation of 76 low-income housing tax credits, nontaxable revenue bonds, and 77 State Apartment Incentive Loan Program funds appropriated by the 78 Legislature and available to allocate by request for proposals 79 or other competitive solicitation funding for high-priority 80 affordable housing projects, such as housing to support economic 81 development and job-creation initiatives, housing for veterans 82 and their families, and other special needs populations in 83 communities throughout the state as determined by the 84 corporation on an annual basis. 85 Section 5. Subsections (9) and (10) are added to section 86 420.5087, Florida Statutes, to read: 87 420.5087 State Apartment Incentive Loan Program.—There is 88 hereby created the State Apartment Incentive Loan Program for 89 the purpose of providing first, second, or other subordinated 90 mortgage loans or loan guarantees to sponsors, including for 91 profit, nonprofit, and public entities, to provide housing 92 affordable to very-low-income persons. 93 (9) The corporation is authorized to accept payment of 94 deferred program interest at an interest rate that is consistent 95 with rates currently authorized under this section, if the 96 deferred interest is paid in not more than five equal annual 97 installments, subject to the qualifications contained in this 98 subsection. 99 (10) Funding under this subsection shall be to preserve 100 existing projects having financing guaranteed under the Florida 101 Affordable Housing Guarantee Program pursuant to s. 420.5092. 102 (a) A project shall be given priority for funding if: 103 1. It was approved by the corporation board in calendar 104 year 2011 to provide additional units for extremely-low-income 105 persons as defined in s. 420.0004; 106 2. The Guarantee Program mortgage note was executed and 107 recorded not later than September 30, 2003; 108 3. It commits to provide additional units for extremely 109 low-income persons; and 110 4. The shareholders, members, or partners of the project 111 owner have funded deficits in an amount that is not less than 20 112 percent of the State Apartment Incentive Loan not later than 113 closing of any financing made under this subsection. 114 (b) The maximum amount that may be funded under this 115 subsection is $2.5 million per project. 116 (c) This subsection expires June 30, 2013. 117 Section 6. Subsection (11) of section 445.009, Florida 118 Statutes, is amended to read: 119 445.009 One-stop delivery system.— 120 (11) A participant in an adult or youth work experience 121 activity administered under this chapter shall be deemed an 122 employee of the state for purposes of workers’ compensation 123 coverage. In determining the average weekly wage, all 124 remuneration received from the employer shall be considered a 125 gratuity, and the participant is
shallnot beentitled to any 126 benefits otherwise payable under s. 440.15, regardless of 127 whether the participant may be receiving wages and remuneration 128 from other employment with another employer and regardless of 129 his or her future wage-earning capacity. This subsection expires130 July 1, 2012.131 Section 7. The Legislature recognizes that there is a need 132 to conform the Florida Statutes to the policy decisions 133 reflected in this act. Therefore, the Department of Economic 134 Opportunity is directed to prepare draft legislation to conform 135 the Florida Statutes to the provisions of this act. The 136 department shall submit the draft legislation to the Governor, 137 the President of the Senate, and the Speaker of the House of 138 Representatives on or before October 1, 2012. 139 Section 8. If the governing body of an independent special 140 district that provides water, wastewater, and sanitation 141 services in a disproportionally affected county, as defined in 142 s. 288.106(8), Florida Statutes, determines that a new user or 143 the expansion of an existing user of one or more of its utility 144 systems will provide a significant benefit to the community in 145 terms of increased job opportunities, economies of scale, or 146 economic development in the area, the governing body may 147 authorize a reduction of its rates, fees, or charges for that 148 user for a specified period of time. A governing body that 149 exercises this power must do so by resolution that states the 150 anticipated economic benefit justifying the reduction as well as 151 the period of time that the reduction will remain in place. 152 Section 9. Except as otherwise expressly provided in this 153 act and except for this section, which shall take effect upon 154 this act becoming a law, this act shall take effect July 1, 155 2012.