The Florida Senate

420.526  Predevelopment Loan Program; loans and grants authorized; activities eligible for support.--

(1)  The corporation is authorized to underwrite and make loans and grants from the Housing Predevelopment Fund to eligible sponsors when it determines that:

(a)  A need for housing for the target population exists in the area described in the application; and

(b)  Federal, state, or local public funds or private funds are available or likely to be available to aid in the site acquisition, site development, construction, rehabilitation, maintenance, or support of the housing proposed in the application.

(2)  The corporation shall not award a grant or loan to a sponsor that is unable to demonstrate the ability to proceed as verified by a qualified development team.

(3)  The corporation shall establish rules for the equitable distribution of the funds in a manner that meets the need and demand for housing for the target population. However, during the first 6 months of fund availability, at least 40 percent of the total funds made available under this program shall be reserved for sponsors of farmworker housing.

(4)  The activities of sponsors which are eligible for housing predevelopment loans shall include, but not be limited to:

(a)  Site acquisition.

(b)  Site development.

(c)  Fees for requisite services from architects, engineers, surveyors, attorneys, and other professionals.

(d)  Marketing expenses relating to advertisement.

(5)  The activities of sponsors which are eligible for housing predevelopment grants shall include, but not be limited to:

(a)  Administrative expenses.

(b)  Market and feasibility studies.

(c)  Consulting fees.

(6)  Any funds paid out of the Housing Predevelopment Fund for activities under ss. 420.521-420.529 which are reimbursed to the sponsor from another source shall be repaid to the fund.

(7)  Sponsors receiving loans for professional fees may receive forgiveness of such loans if it is determined that the proposed project would not be feasible for housing for the target population.

(8)  Terms and conditions of housing predevelopment loan agreements shall be established by rule and shall include:

(a)  Provision for interest, which shall be set at 3 percent per year.

(b)  Provision of a schedule for the repayment of principal and interest for a term not to exceed 3 years or initiation of permanent financing, whichever event occurs first. However, the corporation may extend the term of a loan for an additional period not to exceed 1 year if extraordinary circumstances exist and if such extension would not jeopardize the corporation's security interest.

(c)  Provision of reasonable security for the housing predevelopment loan to ensure the repayment of the principal and any interest accrued within the term specified. Reasonable security shall be a promissory note secured by a mortgage from the sponsor on the property to be purchased, improved, or purchased and improved with the proceeds of the housing predevelopment loan or other collateral acceptable to the corporation.

(d)  Provisions to ensure that the land acquired will be used for the development of housing and related services for the target population.

(e)  Provisions to ensure, to the extent possible, that any accrued savings in cost due to the availability of these funds will be passed on to the target population in the form of lower land prices. The corporation shall ensure that such savings in land prices shall be passed on in the form of lower prices or rents for dwellings constructed on such land.

(f)  Provisions to ensure that any land acquired through assistance under ss. 420.521-420.529 for housing for the target population shall not be disposed of or alienated in a manner that violates Title VII of the 1968 Civil Rights Act, which specifically prohibits discrimination based on race, sex, color, religion, or national origin or that violates other applicable federal or state laws.

(9)  No predevelopment loan made under this section shall exceed the lesser of:

(a)  The development and acquisition costs for the project, as determined by rule of the corporation; or

(b)  Five hundred thousand dollars.

(10)  Any real property or any portion thereof purchased or developed under ss. 420.521-420.529 may be disposed of by the eligible sponsor upon the terms and conditions established by rule of the corporation and consistent with ss. 420.521-420.529, at a price not to exceed the actual prorated land costs, development costs, accrued taxes, and interest.

History.--s. 13, ch. 88-376; s. 14, ch. 92-317; s. 5, ch. 93-181; s. 28, ch. 97-167.

Note.--Former s. 420.308.