Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7102
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-01536F-12                                         20127102__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; repealing s. 49 of ch. 2011-47, Laws of
    4         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 ch.
    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         amending s. 420.0005, F.S.; providing for the deposit
   13         of loan repayments, penalties, and other fees and
   14         charges into the State Housing Trust Fund in the State
   15         Treasury; providing that expenditures from the State
   16         Housing Fund for administrative and personnel costs
   17         are subject to appropriation by the Legislature;
   18         requiring that the interest received on investments of
   19         moneys in the State Housing Fund in excess of the
   20         amounts appropriated for the current fiscal year be
   21         credited to the State Housing Trust Fund; prohibiting
   22         funds received by the Florida Housing Finance
   23         Corporation from the United States Treasury or any
   24         other source for the Hardest-Hit Fund program from
   25         being deposited into the State Treasury; providing
   26         that such funds are not subject to appropriation by
   27         the Legislature; amending s. 420.504, F.S.; creating
   28         the Florida Housing Finance Agency within the
   29         Department of Economic Opportunity as a state agency
   30         and instrumentality; revising provisions to conform to
   31         changes made by the act; amending s. 420.507, F.S.;
   32         revising the powers of the Florida Housing Finance
   33         Corporation; providing for certain moneys to be
   34         deposited into the State Housing Trust Fund or the
   35         Federal Grants Trust Fund, as appropriate; requiring
   36         that the corporation expend funds from the Federal
   37         Grants Trust Fund as appropriated by the Legislature;
   38         deleting provisions that exempt the corporation from
   39         certain state budgetary requirements; deleting a
   40         provision that authorizes the corporation to retain
   41         unused operational expenditures; amending s. 420.508,
   42         F.S.; providing for the deposit of certain moneys into
   43         the State Housing Trust Fund or the Federal Grants
   44         Trust Fund, as appropriate; requiring that
   45         expenditures from the Florida Housing Finance
   46         Corporation Fund be included in the corporation’s
   47         budget request and be subject to appropriation by the
   48         Legislature; amending s. 420.5087, F.S.; revising
   49         provisions relating to the State Apartment Incentive
   50         Loan Program; conforming a cross-reference; deleting
   51         an obsolete provision; requiring that loan repayments
   52         and certain proceeds be accounted for by the
   53         corporation and be deposited into the State Housing
   54         Trust Fund; deleting a provision that prohibits loan
   55         repayments and certain proceeds from reverting to the
   56         General Revenue Fund; requiring that expenditures from
   57         the State Apartment Incentive Loan Fund be included in
   58         the corporation’s budget request and be subject to
   59         appropriation by the Legislature; authorizing the use
   60         of certain funds for construction in fiscal years
   61         subsequent to the fiscal years for which the funds
   62         were appropriated, upon approval by the Legislative
   63         Budget Commission; requiring that the corporation
   64         account for certain funds and deposit them into the
   65         State Housing Trust Fund; prohibiting the corporation
   66         from transferring funds for its loan loss insurance
   67         reserve except upon approval of a budget amendment by
   68         the Legislative Budget Commission; amending s.
   69         420.5088, F.S.; revising provisions relating to the
   70         Florida Homeownership Assistance Program; deleting an
   71         obsolete provision; requiring that the corporation
   72         account for certain moneys deposited into the State
   73         Housing Trust Fund; requiring that expenditures from
   74         the Florida Homeownership Assistance Fund be included
   75         in the corporation’s budget request and be subject to
   76         appropriation by the Legislature; amending s.
   77         420.5089, F.S.; revising provisions relating to the
   78         HOME Investment Partnership Program; deleting an
   79         obsolete provision; requiring that the corporation
   80         account for certain moneys deposited into the State
   81         Housing Trust Fund; authorizing the corporation to use
   82         certain funds for construction in fiscal years
   83         subsequent to the fiscal years for which the funds
   84         were appropriated, upon the approval of a budget
   85         amendment by the Legislative Budget Commission;
   86         providing for certain funds to be deposited into the
   87         State Housing Trust Fund; amending s. 420.5091, F.S.;
   88         revising provisions relating to the HOPE Program;
   89         providing for the deposit of certain funds into the
   90         State Housing Trust Fund; amending s. 420.5092, F.S.;
   91         revising provisions relating to the Florida Affordable
   92         Housing Guarantee Program; authorizing the use of
   93         certain funds to support the Florida Affordable
   94         Housing Guarantee Program; prohibiting the corporation
   95         from issuing new guarantees for the payment of any
   96         affordable housing project, beginning July 1, 2012;
   97         requiring that all guarantee fund earnings,
   98         recoveries, and other funds received in conjunction
   99         with the guarantee fund be deposited into the
  100         guarantee fund; providing that such funds are not
  101         subject to appropriation by the Legislature; amending
  102         s. 420.525, F.S.; revising provisions relating to the
  103         Housing Predevelopment Fund; deleting an obsolete
  104         provision; requiring that expenditures from the
  105         Housing Predevelopment Fund be included in the
  106         corporation’s budget request and be subject to
  107         appropriation by the Legislature; authorizing the use
  108         certain funds for predevelopment activities in fiscal
  109         years subsequent to the fiscal years for which the
  110         funds were appropriated, upon approval of a budget
  111         amendment by the Legislative Budget Commission;
  112         requiring that the corporation account for certain
  113         moneys to be deposited into the State Housing Trust
  114         Fund; deleting a provision that prohibits certain
  115         funds, loan repayments, proceeds from reverting to the
  116         General Revenue Fund; amending ss. 420.526 and
  117         420.529, F.S.; requiring that the corporation account
  118         for certain moneys to be repaid to or deposited into
  119         the State Housing Trust Fund; amending s. 420.9079,
  120         F.S.; providing for the deposit of certain moneys into
  121         the Local Government Housing Trust Fund; requiring
  122         that the interest on invested funds be credited to the
  123         Local Government Housing Trust Fund; amending s.
  124         443.036, F.S.; revising the definition of the term
  125         “initial skills review” to correct a reference to the
  126         agency that approves online education or training
  127         programs as the Department of Economic Opportunity
  128         rather than the Agency for Workforce Innovation;
  129         amending s. 445.009, F.S.; deleting the future
  130         expiration of provisions authorizing worker’s
  131         compensation coverage for a participant in an adult or
  132         youth work experience activity; repealing s. 445.06,
  133         F.S., relating to the Florida Ready to Work
  134         Certification Program; amending s. 1003.4285, F.S.;
  135         deleting a provision that requires a standard high
  136         school diploma to include a designation reflecting a
  137         Florida Ready to Work Credential, to conform to
  138         changes made by the act; directing the Department of
  139         Economic Opportunity to prepare draft legislation to
  140         conform the Florida Statutes to the provisions of the
  141         act; requiring that the department submit the draft
  142         legislation to the Governor and the Legislature by a
  143         specified date; requiring that the proceeds of certain
  144         admissions and sales taxes which are collected by a
  145         dealer selling items at the Kennedy Space Center or
  146         the Cape Canaveral Air Force Station be distributed to
  147         the Florida Institute of Technology and used for
  148         specified purposes; providing effective dates.
  149  
  150  Be It Enacted by the Legislature of the State of Florida:
  151  
  152         Section 1. Section 49 of chapter 2011-47, Laws of Florida,
  153  is repealed.
  154         Section 2. Section 51 of chapter 2011-47, Laws of Florida,
  155  is repealed.
  156         Section 3. Section 420.0005, Florida Statutes, is amended
  157  to read:
  158         420.0005 State Housing Trust Fund; State Housing Fund.—
  159         (1) There is hereby established in the State Treasury a
  160  separate trust fund to be named the “State Housing Trust Fund.”
  161  There shall be deposited in the fund all moneys appropriated by
  162  the Legislature, or moneys received from any other source, for
  163  the purpose of this chapter, including all loan repayments,
  164  penalties, and other fees and charges accruing to the fund under
  165  this chapter, and all proceeds derived from the use of such
  166  moneys. The fund shall be administered by the Florida Housing
  167  Finance Corporation on behalf of the department, as specified in
  168  this chapter. Money deposited to the fund and appropriated by
  169  the Legislature must, notwithstanding the provisions of chapter
  170  216 or s. 420.504(3), be transferred quarterly in advance, to
  171  the extent available, or, if not so available, as soon as
  172  received into the State Housing Trust Fund, and subject to the
  173  provisions of s. 420.5092(6)(a) and (b) by the Chief Financial
  174  Officer to the corporation upon certification by the executive
  175  director of the Department of Economic Opportunity that the
  176  corporation is in compliance with the requirements of s.
  177  420.0006. The certification made by the executive director
  178  secretary shall also include the split of funds among programs
  179  administered by the corporation and the department as specified
  180  in chapter 92-317, Laws of Florida, as amended. Moneys advanced
  181  by the Chief Financial Officer must be deposited by the
  182  corporation into a separate fund established with a qualified
  183  public depository meeting the requirements of chapter 280 to be
  184  named the “State Housing Fund,or into the appropriate fund
  185  established with a qualified public depository meeting the
  186  requirements of chapter 280 as specified in the General
  187  Appropriations Act, and used for the purposes of this chapter.
  188  Administrative and personnel costs incurred in implementing this
  189  chapter may be paid from the State Housing Fund, as appropriated
  190  by the Legislature but such costs may not exceed 5 percent of
  191  the moneys deposited into such fund. To the State Housing Fund
  192  shall be credited all loan repayments, penalties, and other fees
  193  and charges accruing to such fund under this chapter. It is the
  194  intent of this chapter that all loan repayments, penalties, and
  195  other fees and charges collected be credited in full to the
  196  program account from which the loan originated. Moneys in the
  197  State Housing Fund, or other funds specified in the General
  198  Appropriations Act, which are in excess of the amounts
  199  appropriated for the current fiscal year and are not
  200  contractually obligated which are not currently needed for the
  201  purposes of this chapter shall be deposited with the State
  202  Treasury to the credit of the State Housing Trust Fund and may
  203  be invested in such manner as is provided for by statute. The
  204  interest received on any such investment shall be credited to
  205  the State Housing Trust Fund.
  206         (2) Notwithstanding subsection (1), all funds received by
  207  the Florida Housing Finance Corporation from the United States
  208  Treasury or from any other source for the Hardest-Hit Fund
  209  program, established pursuant to the Emergency Economic
  210  Stabilization Act of 2008, may not be deposited into the State
  211  Treasury and are not subject to appropriation by the
  212  Legislature.
  213         Section 4. Effective July 1, 2013, section 420.504, Florida
  214  Statutes, is amended to read:
  215         420.504 Agency Public corporation; creation, membership,
  216  terms, expenses.—
  217         (1) There is created within the Department of Economic
  218  Opportunity a state agency and instrumentality that shall be
  219  public corporation and a public body corporate and politic, to
  220  be known as the “Florida Housing Finance Agency Corporation.” It
  221  is declared to be the intent of and constitutional construction
  222  by the Legislature that the Florida Housing Finance Corporation
  223  constitutes an entrepreneurial public corporation organized to
  224  provide and promote the public welfare by administering the
  225  governmental function of financing or refinancing housing and
  226  related facilities in Florida and that the corporation is not a
  227  department of the executive branch of state government within
  228  the scope and meaning of s. 6, Art. IV of the State
  229  Constitution, but is functionally related to the Department of
  230  Economic Opportunity in which it is placed. The executive
  231  function of state government to be performed by the executive
  232  director of the Department of Economic Opportunity in the
  233  conduct of the business of the Florida Housing Finance
  234  Corporation must be performed pursuant to a contract to monitor
  235  and set performance standards for the implementation of the
  236  business plan for the provision of housing approved for the
  237  corporation as provided in s. 420.0006. This contract shall
  238  include the performance standards for the provision of
  239  affordable housing in Florida established in the business plan
  240  described in s. 420.511.
  241         (2) The corporation is constituted as a public
  242  instrumentality, and the exercise by the corporation of the
  243  power conferred by this act is considered to be the performance
  244  of an essential public function. The corporation is an agency
  245  for the purposes of s. 120.52 and is a state agency for purposes
  246  of s. 159.807(4). The corporation is subject to chapter 119,
  247  subject to exceptions applicable to the corporation, and to the
  248  provisions of chapter 286; however, the corporation shall be
  249  entitled to provide notice of internal review committee meetings
  250  for competitive proposals or procurement to applicants by mail,
  251  facsimile, or publication on an Internet website, rather than by
  252  means of publication. The corporation is not governed by chapter
  253  607 or chapter 617, but by the provisions of this part. If for
  254  any reason the establishment of the corporation is deemed in
  255  violation of law, such provision is severable and the remainder
  256  of this act remains in full force and effect.
  257         (2)(3)The corporation is a separate budget entity and is
  258  not subject to control, supervision, or direction by the
  259  Department of Economic Opportunity in any manner, including, but
  260  not limited to, personnel, purchasing, transactions involving
  261  real or personal property, and budgetary matters. The agency
  262  corporation shall consist of a board of directors composed of
  263  the executive director of the Department of Economic Opportunity
  264  as an ex officio and voting member, or a senior-level agency
  265  employee designated by the director, and eight members appointed
  266  by the Governor subject to confirmation by the Senate from the
  267  following:
  268         (a) One citizen actively engaged in the residential home
  269  building industry.
  270         (b) One citizen actively engaged in the banking or mortgage
  271  banking industry.
  272         (c) One citizen who is a representative of those areas of
  273  labor engaged in home building.
  274         (d) One citizen with experience in housing development who
  275  is an advocate for low-income persons.
  276         (e) One citizen actively engaged in the commercial building
  277  industry.
  278         (f) One citizen who is a former local government elected
  279  official.
  280         (g) Two citizens of the state who are not principally
  281  employed as members or representatives of any of the groups
  282  specified in paragraphs (a)-(f).
  283         (3)(4)(a) Members of the agency’s board corporation shall
  284  be appointed for terms of 4 years, except that any vacancy shall
  285  be filled for the unexpired term.
  286         (b) Subject to removal or reinstatement of the member by
  287  the Senate, the Governor may suspend a member for cause,
  288  including, but not limited to, failure to attend at least 3
  289  meetings of the board during any 12-month period.
  290         (4)(5) The chair and a vice chair shall be elected annually
  291  by the members thereof. Any additional officers, who need not be
  292  members, as may be deemed necessary by the members of the agency
  293  corporation may be designated and elected by the members
  294  thereof.
  295         (5)(6) A member of the agency’s board may not of directors
  296  of the corporation shall receive no compensation for his or her
  297  services but is shall be entitled to the necessary expenses,
  298  including per diem and travel expenses, incurred in the
  299  discharge of his or her duties, as provided by law.
  300         (6)(7) Each member of the agency’s board of directors of
  301  the corporation shall file full and public disclosure of
  302  financial interests at the times and places and in the same
  303  manner required of elected constitutional officers under s. 8,
  304  Art. II of the State Constitution and any law implementing s. 8,
  305  Art. II of the State Constitution.
  306         (7)(8) The agency corporation is an agency a corporation
  307  primarily acting as an instrumentality of the state, within the
  308  meaning of s. 768.28.
  309         Section 5. Present subsections (32) through (47) of section
  310  420.507, Florida Statutes, are redesignated as subsections (31)
  311  through (46), respectively, subsections (10), (28), and (30) of
  312  that section are amended, and present subsections (31) and (33)
  313  of that section are amended, to read:
  314         420.507 Powers of the corporation.—The corporation shall
  315  have all the powers necessary or convenient to carry out and
  316  effectuate the purposes and provisions of this part, including
  317  the following powers which are in addition to all other powers
  318  granted by other provisions of this part:
  319         (10) To contract for and to accept gifts, grants, loans, or
  320  other aid from the United States Government or any person or
  321  corporation which, except as otherwise expressly provided by
  322  law, shall be deposited into the State Housing Trust Fund or the
  323  Federal Grants Trust Fund, as appropriate, for expenditure as
  324  appropriated by the Legislature.
  325         (28) To expend amounts appropriated by the Legislature
  326  advanced from the State Housing Trust Fund for the purposes of
  327  this part.
  328         (30) To prepare and submit to the executive director
  329  secretary of the department a budget request for purposes of the
  330  corporation, which request shall, notwithstanding the provisions
  331  of chapter 216 and in accordance with s. 216.351, contain a
  332  request for operational expenditures and separate requests for
  333  other authorized corporation programs. The request shall not be
  334  required to contain information on the number of employees,
  335  salaries, or any classification thereof, and the approved
  336  operating budget therefor need not comply with s. 216.181(8)
  337  (10). The executive director secretary is authorized to include
  338  within the department’s budget request the corporation’s budget
  339  request in the form as authorized by this section.
  340         (31) Notwithstanding the provisions of s. 216.301, to
  341  retain any unused operational expenditure appropriation for
  342  other lawful purposes of the corporation.
  343         (32)(33) To receive federal funding in connection with the
  344  corporation’s programs directly from the Federal Government,
  345  which, except as otherwise expressly provided by law, shall be
  346  deposited into the Federal Grants Trust Fund for expenditure as
  347  appropriated by the Legislature, and to receive federal funds
  348  for which a no corresponding program has not been created in
  349  statute and establish selection criteria for such funds by
  350  request for proposals or other competitive solicitation.
  351         Section 6. Subsection (5) of section 420.508, Florida
  352  Statutes, is amended to read:
  353         420.508 Special powers; multifamily and single-family
  354  projects.—The corporation shall have the special power to:
  355         (5) Establish with a qualified depository meeting the
  356  requirements of chapter 280, a separate fund to be known as the
  357  “Florida Housing Finance Corporation Fund,” to be administered
  358  by the corporation in accordance with the purposes of this
  359  chapter. All fees collected by the corporation directly from the
  360  Federal Government for administration of the United States
  361  Department of Housing and Urban Development Section 8 housing
  362  program, all annual administrative fees collected by trustees
  363  for bond programs and remitted to the corporation, all expense
  364  fees related to costs of bond issuance collected by trustees and
  365  remitted to the corporation, and all tax credit program fees
  366  must be deposited into the State Housing Trust Fund or the
  367  Federal Grants Trust Fund, as appropriate, in the State Treasury
  368  fund. The Florida Housing Finance Corporation Fund shall be used
  369  utilized for the purposes of the corporation, including payment
  370  of administrative expenses. Expenditures from the Florida
  371  Housing Finance Corporation Fund shall not be required to be
  372  included in the corporation’s budget request and are or be
  373  subject to appropriation by the Legislature.
  374         Section 7. Paragraph (c) of subsection (6) and subsections
  375  (7) and (8) of section 420.5087, Florida Statutes, are amended
  376  to read:
  377         420.5087 State Apartment Incentive Loan Program.—There is
  378  hereby created the State Apartment Incentive Loan Program for
  379  the purpose of providing first, second, or other subordinated
  380  mortgage loans or loan guarantees to sponsors, including for
  381  profit, nonprofit, and public entities, to provide housing
  382  affordable to very-low-income persons.
  383         (6) On all state apartment incentive loans, except loans
  384  made to housing communities for the elderly to provide for
  385  lifesafety, building preservation, health, sanitation, or
  386  security-related repairs or improvements, the following
  387  provisions shall apply:
  388         (c) The corporation shall provide by rule for the
  389  establishment of a review committee composed of the department
  390  and corporation staff and shall establish by rule a scoring
  391  system for evaluation and competitive ranking of applications
  392  submitted in this program, including, but not limited to, the
  393  following criteria:
  394         1. Tenant income and demographic targeting objectives of
  395  the corporation.
  396         2. Targeting objectives of the corporation which will
  397  ensure an equitable distribution of loans between rural and
  398  urban areas.
  399         3. Sponsor’s agreement to reserve the units for persons or
  400  families who have incomes below 50 percent of the state or local
  401  median income, whichever is higher, for a time period to exceed
  402  the minimum required by federal law or the provisions of this
  403  part.
  404         4. Sponsor’s agreement to reserve more than:
  405         a. Twenty percent of the units in the project for persons
  406  or families who have incomes that do not exceed 50 percent of
  407  the state or local median income, whichever is higher; or
  408         b. Forty percent of the units in the project for persons or
  409  families who have incomes that do not exceed 60 percent of the
  410  state or local median income, whichever is higher, without
  411  requiring a greater amount of the loans as provided in this
  412  section.
  413         5. Provision for tenant counseling.
  414         6. Sponsor’s agreement to accept rental assistance
  415  certificates or vouchers as payment for rent.
  416         7. Projects requiring the least amount of a state apartment
  417  incentive loan compared to overall project cost except that the
  418  share of the loan attributable to units serving extremely-low
  419  income persons shall be excluded from this requirement.
  420         8. Local government contributions and local government
  421  comprehensive planning and activities that promote affordable
  422  housing.
  423         9. Project feasibility.
  424         10. Economic viability of the project.
  425         11. Commitment of first mortgage financing.
  426         12. Sponsor’s prior experience.
  427         13. Sponsor’s ability to proceed with construction.
  428         14. Projects that directly implement or assist welfare-to
  429  work transitioning.
  430         15. Projects that reserve units for extremely-low-income
  431  persons.
  432         16. Projects that include green building principles, storm
  433  resistant construction, or other elements that reduce long-term
  434  costs relating to maintenance, utilities, or insurance.
  435         17. Job-creation rate of the developer and general
  436  contractor, as provided in s. 420.507(46) s. 420.507(47).
  437         (7) There is authorized to be established by the
  438  corporation with a qualified public depository meeting the
  439  requirements of chapter 280 a separate fund to be named the
  440  “State Apartment Incentive Loan Fund,” which shall be
  441  administered by the corporation according to the provisions of
  442  this program. Any amounts held in the State Apartment Incentive
  443  Loan Trust Fund for such purpose as of January 1, 1998, must be
  444  transferred to the corporation for deposit in the State
  445  Apartment Incentive Loan Fund and the State Apartment Incentive
  446  Loan Trust Fund must be closed. There shall be deposited into
  447  the fund moneys from the State Housing Trust Fund as created by
  448  s. 420.0005, or moneys received from any other source, for the
  449  purpose of this program and all proceeds derived from the use of
  450  such moneys. However In addition, all loan repayments, proceeds
  451  from the sale of any property, and any other proceeds that would
  452  otherwise accrue pursuant to the activities conducted under the
  453  provisions of the State Apartment Incentive Loan Program shall
  454  be accounted for by the corporation and deposited into in the
  455  State Housing Trust Fund in the State Treasury fund and shall
  456  not revert to the General Revenue Fund. Expenditures from the
  457  State Apartment Incentive Loan Fund shall not be required to be
  458  included in the corporation’s budget request and are or be
  459  subject to appropriation by the Legislature. If the construction
  460  period extends beyond a loan commitment for program funds is
  461  entered into during the state fiscal year for which the program
  462  funds are were appropriated, or the fiscal year in which the
  463  loan commitment is entered, the funds may shall continue to be
  464  used in a subsequent fiscal year upon the approval of a budget
  465  amendment for such funds by the Legislative Budget Commission
  466  made available for use during the entire construction period,
  467  even if it extends beyond the state fiscal year in which the
  468  loan commitment was entered.
  469         (8) If a default on a loan occurs, the corporation may
  470  foreclose on any mortgage or security interest or commence any
  471  legal action to protect the interest of the corporation or the
  472  fund and recover the amount of the unpaid principal, accrued
  473  interest, and fees on behalf of the fund. The corporation may
  474  acquire real and personal property or any interest therein when
  475  that acquisition is necessary or appropriate to protect any
  476  loan; to sell, transfer, and convey any such property to a buyer
  477  without regard to the provisions of chapters 253 and 270; and,
  478  if that sale, transfer, or conveyance cannot be effected within
  479  a reasonable time, to lease such property for occupancy by
  480  eligible persons. All sums recovered from the sale, transfer,
  481  conveyance, or lease of such property shall be accounted for by
  482  the corporation and deposited into the State Housing Trust
  483  Apartment Incentive Loan Fund in the State Treasury. The
  484  corporation may not transfer funds for its loan loss insurance
  485  reserve except upon approval of a budget amendment for such
  486  funds by the Legislative Budget Commission.
  487         Section 8. Subsection (4) of section 420.5088, Florida
  488  Statutes, is amended to read:
  489         420.5088 Florida Homeownership Assistance Program.—There is
  490  created the Florida Homeownership Assistance Program for the
  491  purpose of assisting low-income and moderate-income persons in
  492  purchasing a home as their primary residence by reducing the
  493  cost of the home with below-market construction financing, by
  494  reducing the amount of down payment and closing costs paid by
  495  the borrower to a maximum of 5 percent of the purchase price, or
  496  by reducing the monthly payment to an affordable amount for the
  497  purchaser. Loans shall be made available at an interest rate
  498  that does not exceed 3 percent. The balance of any loan is due
  499  at closing if the property is sold, refinanced, rented, or
  500  transferred, unless otherwise approved by the corporation.
  501         (4) There is authorized to be established by the
  502  corporation with a qualified public depository meeting the
  503  requirements of chapter 280 the Florida Homeownership Assistance
  504  Fund to be administered by the corporation according to the
  505  provisions of this program. Any amounts held in the Florida
  506  Homeownership Assistance Trust Fund for such purposes as of
  507  January 1, 1998, must be transferred to the corporation for
  508  deposit in the Florida Homeownership Assistance Fund, whereupon
  509  the Florida Homeownership Assistance Trust Fund must be closed.
  510  There shall be deposited in the fund moneys from the State
  511  Housing Trust Fund created by s. 420.0005, or moneys received
  512  from any other source, for the purpose of this program and all
  513  proceeds derived from the use of such moneys. However In
  514  addition, all unencumbered funds, loan repayments, proceeds from
  515  the sale of any property, and any other proceeds that would
  516  otherwise accrue pursuant to the activities of the programs
  517  described in this section shall be accounted for by the
  518  corporation and deposited into the State Housing Trust Fund in
  519  the State Treasury transferred to this fund. In addition, all
  520  loan repayments, proceeds from the sale of any property, and any
  521  other proceeds that would otherwise accrue pursuant to the
  522  activities conducted under the provisions of the Florida
  523  Homeownership Assistance Program shall be accounted for by the
  524  corporation and deposited into in the State Housing Trust Fund
  525  in the State Treasury fund and shall not revert to the General
  526  Revenue Fund. Expenditures from the Florida Homeownership
  527  Assistance Fund shall not be required to be included in the
  528  corporation’s budget request and are or be subject to
  529  appropriation by the Legislature.
  530         Section 9. Subsections (1) and (10) of section 420.5089,
  531  Florida Statutes, are amended to read:
  532         420.5089 HOME Investment Partnership Program; HOME
  533  Investment Partnership Fund.—
  534         (1) There is authorized to be established by the
  535  corporation with a qualified public depository meeting the
  536  requirements of chapter 280 the HOME Investment Partnership
  537  Fund, which shall be administered by the corporation according
  538  to the provisions of the HOME Investment Partnership Program
  539  which is hereby created. Any amounts held in the HOME
  540  Partnership Trust Fund for such purposes as of January 1, 1998,
  541  must be transferred to the corporation for deposit in the HOME
  542  Investment Partnership Fund, whereupon the HOME Partnership
  543  Trust Fund must be closed. There shall be deposited into the
  544  fund moneys appropriated from the State Housing Trust Fund.
  545  However or moneys received from any other source for the purpose
  546  of this program, and all proceeds derived from the use of such
  547  moneys. In addition, all loan repayments, proceeds from the sale
  548  of any property, and any other proceeds that would otherwise
  549  accrue pursuant to the activities conducted under the provisions
  550  of the HOME Investment Partnership Program shall be accounted
  551  for by the corporation and deposited into the State Housing
  552  Trust Fund in the State Treasury fund and shall not revert to
  553  the General Revenue Fund. Expenditures from the HOME Investment
  554  Partnership Fund shall not be required to be included in the
  555  corporation’s budget request and are or be subject to
  556  appropriation by the Legislature. If the construction period
  557  extends beyond the state fiscal year in which the funds are
  558  appropriated, the funds may be used in a subsequent fiscal year
  559  upon the approval of a budget amendment for such funds by the
  560  Legislative Budget Commission.
  561         (10) All sums recovered from the sale, transfer,
  562  conveyance, or lease of such property shall be deposited into
  563  the State Housing Trust HOME Investment Partnership Fund for
  564  expenditure as appropriated by the Legislature.
  565         Section 10. Subsection (1) of section 420.5091, Florida
  566  Statutes, is amended to read:
  567         420.5091 HOPE Program.—
  568         (1) The corporation may adopt rules to implement the HOPE
  569  Program, created by the 1990 National Affordable Housing Act, to
  570  make loans and grants, foreclose on any mortgage or security
  571  interest, or commence any legal action to protect the interest
  572  of the corporation and recover the amount of the unpaid
  573  principal, accrued interest, and fees. The corporation may
  574  acquire real and personal property or any interest in the
  575  property if that acquisition is necessary to protect any loan;
  576  sell, transfer, and convey any such property to a buyer without
  577  regard to the provisions of chapters 253 and 270; and, if that
  578  sale, transfer, or conveyance cannot be effected within a
  579  reasonable time, lease such property for occupancy by eligible
  580  persons. All sums recovered from the sale, transfer, conveyance,
  581  or lease of such property shall be deposited into the State
  582  Housing Trust HOME Investment Partnership Fund in the State
  583  Treasury.
  584         Section 11. Subsection (3) of section 420.5092, Florida
  585  Statutes, is amended, and subsections (12) and (13) are added to
  586  that section, to read:
  587         420.5092 Florida Affordable Housing Guarantee Program.—
  588         (3) Amounts on deposit in the State Housing Trust Fund or
  589  amounts received by the Florida Housing Finance Corporation as
  590  program funds from loan programs funded by state moneys may also
  591  be used to support the Florida Affordable Housing Guarantee
  592  Program. Such use, if any, is in addition to those purposes for
  593  which the State Housing Trust Fund was created, and such moneys
  594  shall be obligated and committed in accordance with the
  595  corporation certification provided for in subsection (6).
  596         (12)Beginning July 1, 2012, the corporation may not issue
  597  new guarantees for the payment of any obligation made to finance
  598  or refinance the purchase, construction, or rehabilitation of
  599  any affordable housing project.
  600         (13) Notwithstanding s. 420.0005 or any other law to the
  601  contrary, all guarantee fund earnings, recoveries, and other
  602  funds received in conjunction with the guarantee fund pursuant
  603  to this section shall be deposited into the guarantee fund and
  604  are not subject to appropriation by the Legislature.
  605         Section 12. Section 420.525, Florida Statutes, is amended
  606  to read:
  607         420.525 Housing Predevelopment Fund.—
  608         (1) There is authorized to be established by the
  609  corporation with a qualified public depository meeting the
  610  requirements of chapter 280 a separate fund to be named the
  611  “Housing Predevelopment Fund” which shall be administered by the
  612  corporation according to the provisions of ss. 420.521-420.529.
  613  Any amounts held in the Housing Predevelopment Trust Fund for
  614  such purposes as of January 1, 1998, must be transferred to the
  615  corporation for deposit in the Housing Predevelopment Fund,
  616  whereupon the Housing Predevelopment Trust Fund must be closed.
  617  There shall be deposited into the fund moneys appropriated from
  618  the State Housing Trust Fund as created by s. 420.0005 or moneys
  619  received from any other source, for the purpose of this program
  620  and all proceeds derived from the use of such moneys.
  621  Administrative and personnel costs incurred in implementing the
  622  provisions of ss. 420.521-420.529 may be paid from the fund.
  623  Expenditures from the Housing Predevelopment Fund shall not be
  624  required to be included in the corporation’s budget request and
  625  are or be subject to appropriation by the Legislature. If the
  626  predevelopment period extends beyond the state fiscal year in
  627  which the funds are appropriated, the funds may be used in a
  628  subsequent fiscal year upon the approval of a budget amendment
  629  for such funds by the Legislative Budget Commission.
  630         (2) All unencumbered funds, loan repayments, proceeds from
  631  the sale of any property, existing funds remaining in the
  632  following programs, and any other proceeds that would otherwise
  633  accrue pursuant to the activities conducted under this program
  634  and the provisions of the following programs shall be accounted
  635  for by the corporation and deposited into in the State Housing
  636  Trust Fund in the State Treasury fund and shall not revert to
  637  the General Revenue Fund:
  638         (a) The Rural Housing Land Acquisition and Site Development
  639  Act;
  640         (b) The Farmworker Housing Assistance Act; and
  641         (c) The Community-Based Organization Loan Program created
  642  by the Affordable Housing Planning and Community Assistance Act.
  643         Section 13. Subsection (5) of section 420.526, Florida
  644  Statutes, is amended to read:
  645         420.526 Predevelopment Loan Program; loans and grants
  646  authorized; activities eligible for support.—
  647         (5) Any funds paid out of the Housing Predevelopment Fund
  648  for activities under ss. 420.521-420.529 which are reimbursed to
  649  the sponsor from another source shall be accounted for by the
  650  corporation and repaid to the State Housing Trust Fund in the
  651  State Treasury for expenditure as appropriated by the
  652  Legislature fund.
  653         Section 14. Section 420.529, Florida Statutes, is amended
  654  to read:
  655         420.529 Default by sponsor.—If a default on a loan occurs,
  656  the corporation may foreclose on any mortgage or security
  657  interest or commence any legal action to protect the interest of
  658  the corporation or the fund and recover the amount of the unpaid
  659  principal, accrued interest, and fees on behalf of the fund. The
  660  corporation may also acquire real and personal property or any
  661  interest in the property if such acquisition is necessary or
  662  appropriate to protect any loan; to sell, transfer, and convey
  663  any such property to a buyer without regard to the provisions of
  664  chapters 253 and 270; and, if such sale, transfer, or conveyance
  665  cannot be effected within a reasonable time, to lease such
  666  property for occupancy by eligible persons. All sums recovered
  667  from the sale, transfer, conveyance, or lease of such property
  668  shall be accounted for by the corporation and deposited into the
  669  State Housing Trust Predevelopment Fund in the State Treasury
  670  for expenditure as appropriated by the Legislature.
  671         Section 15. Subsection (1) of section 420.9079, Florida
  672  Statutes, is amended to read:
  673         420.9079 Local Government Housing Trust Fund.—
  674         (1) There is created in the State Treasury the Local
  675  Government Housing Trust Fund, which shall be administered by
  676  the corporation on behalf of the department according to the
  677  provisions of ss. 420.907-420.9076 and this section. There shall
  678  be deposited into the fund all moneys appropriated by the
  679  Legislature, a portion of the documentary stamp tax revenues as
  680  provided in s. 201.15, moneys received from any other source for
  681  the purposes of ss. 420.907-420.9076 and this section, and all
  682  proceeds derived from the investment of such moneys. Moneys in
  683  the fund that are not currently needed for the purposes of the
  684  programs administered pursuant to ss. 420.907-420.9076 and this
  685  section shall be deposited in the State Treasury to the credit
  686  of the fund and may be invested as provided by law. The interest
  687  received on any such investment shall be credited to the Local
  688  Government Housing Trust Fund.
  689         Section 16. Subsection (26) of section 443.036, Florida
  690  Statutes, is amended to read:
  691         443.036 Definitions.—As used in this chapter, the term:
  692         (26) “Initial skills review” means an online education or
  693  training program, such as that established under s. 1004.99,
  694  that is approved by the Department of Economic Opportunity
  695  Agency for Workforce Innovation and designed to measure an
  696  individual’s mastery level of workplace skills.
  697         Section 17. Subsection (11) of section 445.009, Florida
  698  Statutes, is amended to read:
  699         445.009 One-stop delivery system.—
  700         (11) A participant in an adult or youth work experience
  701  activity administered under this chapter shall be deemed an
  702  employee of the state for purposes of workers’ compensation
  703  coverage. In determining the average weekly wage, all
  704  remuneration received from the employer shall be considered a
  705  gratuity, and the participant is shall not be entitled to any
  706  benefits otherwise payable under s. 440.15, regardless of
  707  whether the participant may be receiving wages and remuneration
  708  from other employment with another employer and regardless of
  709  his or her future wage-earning capacity. This subsection expires
  710  July 1, 2012.
  711         Section 18. Section 445.06, Florida Statutes, is repealed.
  712         Section 19. Subsection (4) of section 1003.4285, Florida
  713  Statutes, is amended to read:
  714         1003.4285 Standard high school diploma designations.—Each
  715  standard high school diploma shall include, as applicable:
  716         (4) A designation reflecting a Florida Ready to Work
  717  Credential in accordance with s. 445.06.
  718         Section 20. The Legislature recognizes that there is a need
  719  to conform the Florida Statutes to the policy decisions
  720  reflected in this act. Therefore, the Department of Economic
  721  Opportunity is directed to prepare draft legislation to conform
  722  the Florida Statutes to the provisions of this act. The
  723  department shall submit the draft legislation to the Governor,
  724  the President of the Senate, and the Speaker of the House of
  725  Representatives on or before October 1, 2012.
  726         Section 21. The proceeds of taxes imposed under ss. 212.04
  727  and 212.05, Florida Statutes, which are collected and remitted
  728  by a dealer that is contracted or subcontracted by the National
  729  Aeronautics and Space Administration to sell items subject to
  730  the tax under s. 212.04 or s. 212.05, Florida Statutes, at the
  731  Kennedy Space Center or at the Cape Canaveral Air Force Station
  732  and that conducts business at these facilities shall be
  733  distributed to the Florida Institute of Technology for the
  734  purpose of operating a space exploration research institute.
  735         Section 22. Except as otherwise expressly provided in this
  736  act, this act shall take effect July 1, 2012.