Senate Bill 1156c1

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    Florida Senate - 1998                           CS for SB 1156

    By the Committee on Governmental Reform and Oversight and
    Senator Dyer




    302-1866-98

  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 420.0005, F.S.; clarifying application of

  4         certain provisions to the State Housing Fund;

  5         amending s. 420.0006, F.S.; specifying an

  6         additional requirement for contracts with the

  7         Florida Housing Finance Corporation; providing

  8         duties of the Comptroller relating to certain

  9         advances to the corporation; amending s.

10         420.503, F.S.; clarifying application to the

11         corporation's fiscal year; amending s. 420.504,

12         F.S.; providing for alternative public notice;

13         providing the corporation with limited benefits

14         of sovereign immunity; deleting a definition;

15         amending s. 420.5061, F.S.; providing that the

16         corporation is a state agency for purposes of

17         the state allocation pool for private activity

18         bonds; amending s. 420.507, F.S.; including

19         services within certain procurement requirement

20         provisions; authorizing the corporation to

21         mortgage certain property; deleting a budget

22         limitation on certain programs; providing

23         additional powers of the corporation; providing

24         that the corporation may provide infrastructure

25         improvements; amending s. 420.5087, F.S.;

26         clarifying application of the state fiscal

27         year; amending s. 420.5088, F.S.; expanding

28         availability of certain program funds; amending

29         s. 420.5089, F.S.; deleting a requirement for

30         certain program fund loan commitments under

31         certain circumstances; amending s. 420.509,

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  1         F.S.; clarifying application of provisions for

  2         public sale of corporation bonds; amending s.

  3         420.511, F.S.; revising requirements for the

  4         corporation's business plan for affordable

  5         housing; amending s. 420.512, F.S.; limiting

  6         application of a term for certain purposes;

  7         amending s. 420.528, F.S.; clarifying

  8         application to the corporation's fiscal year;

  9         amending s. 420.9071, F.S.; correcting a cross

10         reference; clarifying application to the

11         corporation's fiscal year; amending ss.

12         420.9073 and 420.9079, F.S.; clarifying

13         application to the state fiscal year; repealing

14         s. 420.504(8), F.S., relating to certain

15         liability of members of the board of directors

16         of the corporation; providing an effective

17         date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 420.0005, Florida Statutes, is

22  amended to read:

23         420.0005  State Housing Trust Fund.--There is hereby

24  established in the State Treasury a separate trust fund to be

25  named the "State Housing Trust Fund." There shall be deposited

26  in the fund all moneys appropriated by the Legislature, or

27  moneys received from any other source, for the purpose of this

28  chapter, and all proceeds derived from the use of such moneys.

29  The fund shall be administered by the Florida Housing Finance

30  Corporation on behalf of the department, as specified in this

31  chapter. Money deposited to the fund and appropriated by the

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  1  Legislature must, notwithstanding the provisions of chapter

  2  216 or s. 420.504(3), be transferred quarterly in advance, to

  3  the extent available, or, if not so available, as soon as

  4  received into the State Housing Trust Fund, and subject to the

  5  provisions of s. 420.5092(6)(a) and (b) by the Comptroller to

  6  the corporation upon certification by the Secretary of

  7  Community Affairs that the corporation is in compliance with

  8  the requirements of s. 420.0006. The certification made by the

  9  secretary shall also include the split of funds among programs

10  administered by the corporation and the department as

11  specified in chapter 92-317, Laws of Florida, as amended.

12  Moneys advanced by the Comptroller must be deposited by the

13  corporation into a separate fund established with a qualified

14  public depository meeting the requirements of chapter 280 to

15  be named the "State Housing Fund" and used for the purposes of

16  this chapter. Administrative and personnel costs incurred in

17  implementing this chapter may be paid from the State Housing

18  Fund, but such costs may not exceed 5 percent of the moneys

19  deposited into such the fund. To the State Housing this Fund

20  shall be credited all loan repayments, penalties, and other

21  fees and charges accruing to such the fund under this chapter.

22  It is the intent of this chapter that all loan repayments,

23  penalties, and other fees and charges collected be credited in

24  full to the program account from which the loan originated.

25  Moneys in the State Housing Fund which are not currently

26  needed for the purposes of this chapter shall be invested in

27  such manner as is provided for by statute.  The interest

28  received on any such investment shall be credited to the State

29  Housing Fund.

30         Section 2.  Section 420.0006, Florida Statutes, is

31  amended to read:

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  1         420.0006  Authority to contract with corporation.--The

  2  secretary of the department shall contract, notwithstanding

  3  the provisions of part I of chapter 287, with the Florida

  4  Housing Finance Corporation on a multiyear basis to stimulate,

  5  provide, and foster affordable housing in the state. The

  6  contract must incorporate the performance measures required by

  7  s. 420.511 and must be consistent with the provisions of the

  8  corporation's strategic plan prepared in accordance with s.

  9  420.511 and be compatible with s. 216.0166. The contract must

10  provide that, in the event the corporation fails to comply

11  with any of the performance measures required by s. 420.511,

12  the secretary shall notify the Governor and shall refer the

13  nonperformance to the department's inspector general for

14  review and determination as to whether such failure is due to

15  forces beyond the corporation's control or whether such

16  failure is due to inadequate management of the corporation's

17  resources. Advances shall continue to be made pursuant to s.

18  420.0005 during the pendency of the review by the department's

19  inspector general. If such failure is due to outside forces,

20  it shall not be deemed a violation of the contract. If such

21  failure is due to inadequate management, the department's

22  inspector general shall provide recommendations regarding

23  solutions. The Governor is authorized to resolve any

24  differences of opinion with respect to performance under the

25  contract and may request to direct that advances continue in

26  the event of a failure under the contract due to inadequate

27  management. The Comptroller shall approve the request absent a

28  finding by the Comptroller that continuing such advances would

29  adversely impact the state; however, in any event the

30  Comptroller shall provide advances sufficient to meet the debt

31  service requirements of the corporation and sufficient to fund

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  1  contracts committing funds from the State Housing Trust Fund

  2  so long as such contracts are in accordance with the laws of

  3  this state. The department inspector general shall perform for

  4  the corporation the functions set forth in s. 20.055 and

  5  report to the secretary of the department.  The corporation

  6  shall be deemed an agency for the purposes of s. 20.055.

  7         Section 3.  Subsection (35) of section 420.503, Florida

  8  Statutes, is amended to read:

  9         420.503  Definitions.--As used in this part, the term:

10         (35)  "Service provider," except as otherwise defined

11  in s. 420.512(5), means a law firm, investment bank, certified

12  public accounting firm, auditor, trustee bank, credit

13  underwriter, homeowner loan servicer, or any other provider of

14  services to the corporation which offers to perform or

15  performs services to the corporation or other provider for

16  fees in excess of $25,000 in the aggregate during any fiscal

17  year of the corporation. The term includes the agents,

18  officers, principals, and professional employees of the

19  service provider.

20         Section 4.  Subsections (1), (2), and (9) of section

21  420.504, Florida Statutes, are amended to read:

22         420.504  Public corporation; creation, membership,

23  terms, expenses.--

24         (1)  There is created within the Department of

25  Community Affairs a public corporation and a public body

26  corporate and politic, to be known as the "Florida Housing

27  Finance Corporation." It is declared to be the intent of and

28  constitutional construction by the Legislature that the

29  Florida Housing Finance Corporation constitutes an

30  entrepreneurial public corporation organized to provide and

31  promote the public welfare by administering the governmental

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  1  function of financing or refinancing housing and related

  2  facilities in Florida and that the corporation is not a

  3  department of the executive branch of state government within

  4  the scope and meaning of s. 6, Art. IV of the State

  5  Constitution, but is functionally related to the Department of

  6  Community Affairs in which it is placed. The executive

  7  function of state government to be performed by the secretary

  8  of the department in the conduct of the business of the

  9  Florida Housing Finance Corporation must be performed pursuant

10  to a an annual contract to monitor and set performance

11  standards for the implementation of the business plan for the

12  provision of housing approved for the corporation as provided

13  in s. 420.0006. This contract shall include the performance

14  standards for the provision of affordable housing in Florida

15  established in the business plan described in s. 420.511.

16         (2)  The corporation is constituted as a public

17  instrumentality, and the exercise by the corporation of the

18  power conferred by this act is considered to be the

19  performance of an essential public function.  The corporation

20  shall constitute an agency for the purposes of s. 120.52.  The

21  corporation is subject to chapter 119, subject to exceptions

22  applicable to the corporation, and to the provisions of

23  chapter 286; however, the corporation shall be entitled to

24  provide notice of internal review committee meetings for

25  competitive proposals or procurement to applicants by mail or

26  facsimile rather than by means of publication. The corporation

27  is not governed by chapter 607, but by the provisions of this

28  part. If for any reason the establishment of the corporation

29  is deemed in violation of law, such provision is severable and

30  the remainder of this act remains in full force and effect.

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  1         (9)  The corporation is a corporation primarily acting

  2  as an instrumentality of the state within the meaning of s.

  3  768.28. For purposes of this section, the term "recklessness"

  4  means the acting, or omission to act, in conscious disregard

  5  of a risk:

  6         (a)  Known, or so obvious that it should have been

  7  known, to the member; and

  8         (b)  Known to the member, or so obvious that it should

  9  have been known, to be so great as to make it highly probable

10  that harm would follow from the action or omission.

11         Section 5.  Section 420.5061, Florida Statutes, is

12  amended to read:

13         420.5061  Transfer of agency assets and

14  liabilities.--Effective January 1, 1998, all assets and

15  liabilities and rights and obligations, including any

16  outstanding contractual obligations, of the agency shall be

17  transferred to the corporation as legal successor in all

18  respects to the agency. The corporation shall thereupon become

19  obligated to the same extent as the agency under any existing

20  agreements and be entitled to any rights and remedies

21  previously afforded the agency by law or contract, including

22  specifically the rights of the agency under chapter 201 and

23  part VI of chapter 159. The corporation is considered a state

24  agency for purposes of s. 159.807(4)(a). Effective January 1,

25  1998, all references under Florida law to the agency are

26  deemed to mean the corporation. The corporation shall transfer

27  to the General Revenue Fund an amount which otherwise would

28  have been deducted as a service charge pursuant to s.

29  215.20(1) if the Florida Housing Finance Corporation Fund

30  established by s. 420.508(5), the State Apartment Incentive

31  Loan Fund established by s. 420.5087(7), the Florida

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  1  Homeownership Assistance Fund established by s. 420.5088(5),

  2  the HOME Investment Partnership Fund established by s.

  3  420.5089(1), and the Housing Predevelopment Loan Fund

  4  established by s. 420.525(1) were each trust funds. For

  5  purposes of s. 112.313, the corporation is deemed to be a

  6  continuation of the agency, and the provisions thereof are

  7  deemed to apply as if the same entity remained in place. Any

  8  employees of the agency and agency board members covered by s.

  9  112.313(9)(a)6. shall continue to be entitled to the exemption

10  in that subparagraph, notwithstanding being hired by the

11  corporation or appointed as board members of the corporation.

12  Effective January 1, 1998, all state property in use by the

13  agency shall be transferred to and become the property of the

14  corporation.

15         Section 6.  Subsections (27), (29), and (30) of section

16  420.507, Florida Statutes, are amended, and subsections (34),

17  (35), and (36) are added to that section, to read:

18         420.507  Powers of the corporation.--The corporation

19  shall have all the powers necessary or convenient to carry out

20  and effectuate the purposes and provisions of this part,

21  including the following powers which are in addition to all

22  other powers granted by other provisions of this part:

23         (27)  Notwithstanding the provisions of chapter 282 and

24  part I of chapter 287, to establish guidelines for and to

25  implement the purchase and procurement of materials and

26  services for use by the corporation.

27         (29)  To own real and personal property for the

28  purposes of this part, to mortgage such property, and to sell

29  the property without regard to the provisions of chapters 253

30  and 270.

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  1         (30)  To prepare and submit to the secretary of the

  2  department a budget request for purposes of the corporation,

  3  which request shall, notwithstanding the provisions of chapter

  4  216 and in accordance with s. 216.351, contain a request for

  5  operational expenditures and separate requests for other

  6  authorized corporation programs, each of which shall be

  7  classified as a special category appropriation. The request

  8  shall not be required to contain information on the number of

  9  employees, salaries, or any classification thereof, and the

10  approved operating budget therefor need not comply with s.

11  216.181(7)-(9). The secretary is authorized to include within

12  the department's budget request the corporation's budget

13  request in the form as authorized by this section.

14         (34)  To establish the corporation's fiscal year.

15         (35)  To preclude from further participation in any of

16  the corporation's programs, for a period of up to 2 years, any

17  applicant or affiliate of an applicant which has made a

18  material misrepresentation or engaged in fraudulent actions in

19  connection with any application for a corporation program.

20         (36)  To provide for the development of infrastructure

21  improvements and rehabilitation primarily in connection with

22  residential housing consistent with the local government

23  comprehensive plan.

24         Section 7.  Subsection (7) of section 420.5087, Florida

25  Statutes, is amended to read:

26         420.5087  State Apartment Incentive Loan

27  Program.--There is hereby created the State Apartment

28  Incentive Loan Program for the purpose of providing first,

29  second, or other subordinated mortgage loans or loan

30  guarantees to sponsors, including for-profit, nonprofit, and

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  1  public entities, to provide housing affordable to

  2  very-low-income persons.

  3         (7)  There is authorized to be established by the

  4  corporation with a qualified public depository meeting the

  5  requirements of chapter 280 a separate fund to be named the

  6  "State Apartment Incentive Loan Fund," which shall be

  7  administered by the corporation according to the provisions of

  8  this program. Any amounts held in the State Apartment

  9  Incentive Loan Trust Fund for such purpose as of January 1,

10  1998, must be transferred to the corporation for deposit in

11  the State Apartment Incentive Loan Fund and the State

12  Apartment Incentive Loan Trust Fund must be closed. There

13  shall be deposited into the fund moneys from the State Housing

14  Trust Fund as created by s. 420.0005, or moneys received from

15  any other source, for the purpose of this program and all

16  proceeds derived from the use of such moneys.  In addition,

17  all loan repayments, proceeds from the sale of any property,

18  and any other proceeds that would otherwise accrue pursuant to

19  the activities conducted under the provisions of the State

20  Apartment Incentive Loan Program shall be deposited in the

21  fund and shall not revert to the General Revenue Fund.

22  Expenditures from the State Apartment Incentive Loan Fund

23  shall not be required to be included in the corporation's

24  budget request or be subject to appropriation by the

25  Legislature.  If a loan commitment for program funds is

26  entered into during the state fiscal year for which the

27  program funds were appropriated, the funds shall continue to

28  be made available for use during the entire construction

29  period, even if it extends beyond the state fiscal year in

30  which the loan commitment was entered.

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  1         Section 8.  Subsection (4) of section 420.5088, Florida

  2  Statutes, is amended to read:

  3         420.5088  Florida Homeownership Assistance

  4  Program.--There is created the Florida Homeownership

  5  Assistance Program for the purpose of assisting low-income

  6  persons in purchasing a home by reducing the cost of the home

  7  with below-market construction financing, by reducing the

  8  amount of down payment and closing costs paid by the borrower

  9  to a maximum of 5 percent of the purchase price, or by

10  reducing the monthly payment to an affordable amount for the

11  purchaser. Loans shall be made available at an interest rate

12  that does not exceed 3 percent. The balance of any loan is due

13  at closing if the property is sold or transferred.

14         (4)  During the first 9 months of fund availability

15  each fiscal year:

16         (a)  Sixty percent of the program funds shall be

17  reserved for use by borrowers pursuant to s. 420.507(23)(a)1.;

18         (b)  Twenty percent of the program funds shall be

19  reserved for use by borrowers pursuant to s. 420.507(23)(a)2.;

20  and

21         (c)  Twenty percent of the program funds shall be

22  reserved for use by borrowers pursuant to s. 420.507(23)(a)3.

23

24  If the application of these percentages would cause the

25  reservation of program funds under paragraph (a) to be less

26  than $1 million, the reservation for paragraph (a) shall be

27  increased to $1 million or all available funds, whichever

28  amount is less, with the increase to be accomplished by

29  reducing the reservation for paragraph (b) and, if necessary,

30  paragraph (c).

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  1         Section 9.  Subsection (1) of section 420.5089, Florida

  2  Statutes, is amended to read:

  3         420.5089  HOME Investment Partnership Program; HOME

  4  fund.--

  5         (1)  There is authorized to be established by the

  6  corporation with a qualified public depository meeting the

  7  requirements of chapter 280 the HOME Investment Partnership

  8  Fund, which shall be administered by the corporation according

  9  to the provisions of the HOME Investment Partnership Program

10  which is hereby created. Any amounts held in the HOME

11  Partnership Trust Fund for such purposes as of January 1,

12  1998, must be transferred to the corporation for deposit in

13  the HOME Investment Partnership Fund, whereupon the HOME

14  Partnership Trust Fund must be closed. There shall be

15  deposited into the fund moneys from the State Housing Trust

16  Fund or moneys received from any other source for the purpose

17  of this program, and all proceeds derived from the use of such

18  moneys.  In addition, all loan repayments, proceeds from the

19  sale of any property, and any other proceeds that would

20  otherwise accrue pursuant to the activities conducted under

21  the provisions of the HOME Investment Partnership Program

22  shall be deposited into the fund and shall not revert to the

23  General Revenue Fund. Expenditures from the HOME Investment

24  Partnership Fund shall not be required to be included in the

25  corporation's budget request or be subject to appropriation by

26  the Legislature.  If a loan commitment for program funds is

27  entered into during the state fiscal year for which the

28  program funds were appropriated, the funds shall continue to

29  be made available for use during the entire construction

30  period of any project financed by the program, even if it

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  1  extends beyond the fiscal year in which the loan commitment

  2  was entered.

  3         Section 10.  Paragraph (a) of subsection (12) of

  4  section 420.509, Florida Statutes, is amended to read:

  5         420.509  Bonds; purpose, terms, approval,

  6  limitations.--

  7         (12)(a)  Subject to paragraph (b), the bonds issued by

  8  the corporation shall be sold at public sale in the manner

  9  provided by s. 215.68, with the corporation performing the

10  duties of the board as provided in such section. However, if

11  the corporation shall by official action at a public meeting

12  determine that a negotiated sale of the bonds is in the best

13  interest of the corporation, the corporation may negotiate for

14  sale of the bonds to, or the placement of bonds through, the

15  underwriter or underwriters designated by the corporation. In

16  the official action authorizing the negotiated sale, the

17  corporation shall provide specific findings as to the reasons

18  for the negotiated sale.  The reasons shall include, but shall

19  not be limited to, characteristics of the bond issue and

20  prevailing market conditions that necessitate a negotiated

21  sale.  In the event the corporation decides to negotiate for a

22  sale of bonds, the managing underwriter, or financial

23  consultant or adviser, if applicable, shall provide to the

24  corporation, prior to the award of bonds to the managing

25  underwriter, a disclosure statement containing the following

26  information:

27         1.  An itemized list setting forth the nature and

28  estimated amounts of expenses to be incurred by the managing

29  underwriter in connection with the issuance of such bonds.

30  Notwithstanding the foregoing, any such list may include an

31  item for miscellaneous expenses, provided it includes only

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  1  minor items of expense which cannot be easily categorized

  2  elsewhere in the statement.

  3         2.  The names, addresses, and estimated amounts of

  4  compensation of any finders connected with the issuance of the

  5  bonds.

  6         3.  The amount of underwriting spread expected to be

  7  realized.

  8         4.  Any management fee charged by the managing

  9  underwriter.

10         5.  Any other fee, bonus, or compensation estimated to

11  be paid by the managing underwriter in connection with the

12  bond issue to any person not regularly employed or retained by

13  it.

14         6.  The name and address of the managing underwriter or

15  underwriters, if any, connected with the bond issue.

16         7.  Any other disclosure that the corporation may

17  require.

18

19  This paragraph is not intended to restrict or prohibit the

20  employment of professional services relating to bonds issued

21  under this chapter.

22         Section 11.  Subsections (1) and (3) of section

23  420.511, Florida Statutes, are amended to read:

24         420.511  Business plan; strategic plan; annual

25  report.--

26         (1)  The corporation shall develop a business plan for

27  the provision of affordable housing for the state. The plan

28  shall not be inconsistent with the strategic plan prepared

29  pursuant to subsection (2) and shall contain performance

30  measures and specific performance targets for the following:

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  1         (a)  The ability of low-income and moderate-income

  2  Floridians to access housing that is decent and affordable.

  3         (b)  The continued availability and affordability of

  4  housing financed by the corporation to target populations.

  5         (c)  The availability of affordable financing programs,

  6  including equity and debt products, and programs that reduce

  7  gaps in conventional financing, to increase individual access

  8  to housing and stimulate private production of affordable

  9  housing.

10         (d)  The stimulus of economic activity created by the

11  affordable housing finance programs administered by the

12  corporation.

13         (d)(e)  The establishment and maintenance of

14  efficiencies in the delivery of affordable housing.

15         (e)(f)  Such other measures as directed by the

16  corporation's board of directors.

17

18  The corporation shall also compile data on the stimulus of

19  economic activity created by the affordable housing finance

20  programs administered by the corporation.

21         (3)  The corporation shall submit to the Governor and

22  the presiding officers of each house of the Legislature,

23  within 2 6 months after the end of its fiscal year, a complete

24  and detailed report setting forth:

25         (a)  Its operations and accomplishments;

26         (b)  Its receipts and expenditures during its the

27  fiscal year in accordance with the categories or

28  classifications established by the corporation for its

29  operating and capital outlay purposes;

30

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  1         (c)  Its assets and liabilities at the end of its

  2  fiscal year and the status of reserve, special, or other

  3  funds;

  4         (d)  A schedule of its bonds outstanding at the end of

  5  its fiscal year, together with a statement of the principal

  6  amounts of bonds issued and redeemed during the fiscal year;

  7  and

  8         (e)  Information relating to the corporation's

  9  activities in implementing the provisions of ss. 420.5087 and

10  420.5088.  The report required by this subsection shall

11  include, but not be limited to:

12         1.  The number of people served, delineated by income,

13  age, family size, and racial characteristics.

14         2.  The number of units produced under each program.

15         3.  The average cost of producing units under each

16  program.

17         4.  The average sales price of single-family units

18  financed under s. 420.5088.

19         5.  The average amount of rent charged based on unit

20  size on units financed under s. 420.5087.

21         6.  The number of persons in rural communities served

22  under each program.

23         7.  The number of farmworkers served under each

24  program.

25         8.  The number of elderly persons served under each

26  program.

27         9.  The extent to which geographic distribution has

28  been achieved in accordance with the provisions of s.

29  420.5087.

30         10.  Any other information the corporation deems

31  appropriate.

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  1         Section 12.  Subsection (5) of section 420.512, Florida

  2  Statutes, is amended to read:

  3         420.512  Conflicts of interest.--

  4         (5)  Service providers shall comply with the following

  5  standards of conduct as a condition of eligibility to be

  6  considered or retained to provide services. For purposes of

  7  paragraphs (a), (b), and (c) this section only, the term

  8  "service provider" means and is limited to a law firm, an

  9  investment bank, or a credit underwriter, and the agents,

10  officers, principals, and professional employees of the

11  service provider.

12         (a)  A service provider may not make contributions in

13  any amounts, directly or indirectly, for or on behalf of

14  candidates for Governor, nor shall any service provider make a

15  contribution in excess of $100 to any candidate for a member

16  of the State Board of Administration other than the Governor

17  in Florida while the service provider is included in an

18  applicant pool from which service providers are selected to

19  provide services to the corporation, while the service

20  provider provides services to the corporation, and for the

21  longer of a period of 2 years thereafter or for a period

22  through the next general election for Governor.

23         (b)  The service provider shall not participate in

24  fundraising activities for or on behalf of candidates for

25  Governor in Florida while the service provider is included in

26  an applicant pool from which service providers are selected to

27  provide services to the corporation, while the service

28  provider provides services to the corporation, and for the

29  longer of a period of 2 years thereafter or for a period

30  through the next general election for Governor.

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  1         (c)  Service providers shall provide to the corporation

  2  a statement that the service provider has not contributed to

  3  candidates for Governor or contributed in excess of the

  4  amounts allowed by this section for a member of the State

  5  Board of Administration Cabinet position or engaged in

  6  fundraising activities for or on behalf of candidates for

  7  Governor in Florida since the effective date of this section

  8  or during the 24 months preceding the service provider's

  9  application to provide services to the corporation, whichever

10  period is shorter.

11         (d)  The service provider may not engage in prohibited

12  business solicitation communications with officers, members,

13  or covered employees of the corporation.

14         (e)  If a service provider is in doubt as to whether

15  its activities, or the activities of its principals, agents,

16  or employees, violate the provisions of this section, it may

17  request a declaratory statement in accordance with the

18  applicable rule and s. 120.565.

19         (f)  If the corporation determines that a service

20  provider has failed to meet the provisions of this section, it

21  shall consider the magnitude of the violation and whether

22  there has been a pattern of violations in determining whether

23  to terminate or decline to enter into contracts with the

24  service provider.

25         Section 13.  Subsection (2) of section 420.528, Florida

26  Statutes, is amended to read:

27         420.528  Rules; annual reports.--

28         (2)  The corporation shall submit, within the annual

29  report required by s. 420.511, a summary of loans and grants

30  made, loan and grant recipients, loan commitments received by

31  sponsors, persons or families housed, projects initiated and

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  1  completed, and the balance on all loans outstanding at the end

  2  of each fiscal year of the corporation.

  3         Section 14.  Subsections (4) and (23) of section

  4  420.9071, Florida Statutes, are amended to read:

  5         420.9071  Definitions.--As used in ss.

  6  420.907-420.9079, the term:

  7         (4)  "Annual gross income" means annual income as

  8  defined under the Section 8 housing assistance payments

  9  programs in 24 C.F.R. part 5 813; annual income as reported

10  under the census long form for the recent available decennial

11  census; or adjusted gross income as defined for purposes of

12  reporting under Internal Revenue Service Form 1040 for

13  individual federal annual income tax purposes. Counties and

14  eligible municipalities shall calculate income by projecting

15  the prevailing annual rate of income for all adults in the

16  household as the amount of income to be received in a

17  household during the 12 months following the effective date of

18  the determination.

19         (23)  "Population" means the latest official state

20  estimate of population certified pursuant to s. 186.901 prior

21  to the beginning of the state fiscal year.

22         Section 15.  Subsection (3) of section 420.9073,

23  Florida Statutes, is amended to read:

24         420.9073  Local housing distributions.--

25         (3)  Calculation of guaranteed amounts:

26         (a)  The guaranteed amount under subsection (1) shall

27  be calculated for each state fiscal year by multiplying

28  $350,000 by a fraction, the numerator of which is the amount

29  of funds distributed to the Local Government Housing Trust

30  Fund pursuant to s. 201.15(6) and the denominator of which is

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  1  the total amount of funds distributed to the Local Government

  2  Housing Trust Fund pursuant to s. 201.15.

  3         (b)  The guaranteed amount under subsection (2) shall

  4  be calculated for each state fiscal year by multiplying

  5  $350,000 by a fraction, the numerator of which is the amount

  6  of funds distributed to the Local Government Housing Trust

  7  Fund pursuant to s. 201.15(7) and the denominator of which is

  8  the total amount of funds distributed to the Local Government

  9  Housing Trust Fund pursuant to s. 201.15.

10         Section 16.  Subsection (2) of section 420.9079,

11  Florida Statutes, is amended to read:

12         420.9079  Local Government Housing Trust Fund.--

13         (2)  The corporation shall administer the fund

14  exclusively for the purpose of implementing the programs

15  described in ss. 420.907-420.9078 and this section. With the

16  exception of monitoring the activities of counties and

17  eligible municipalities to determine local compliance with

18  program requirements, the corporation shall not receive

19  appropriations from the fund for administrative or personnel

20  costs. For the purpose of implementing the compliance

21  monitoring provisions of s. 420.9075(8), the corporation may

22  request a maximum of $200,000 per state fiscal year. When such

23  funding is appropriated, the corporation shall deduct the

24  amount appropriated prior to calculating the local housing

25  distribution pursuant to ss. 420.9072 and 420.9073.

26         Section 17.  Subsection (8) of section 420.504, Florida

27  Statutes, is repealed.

28         Section 18.  This act shall take effect upon becoming a

29  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1156

  3

  4  The Committee Substitute incorporates the separate amendments
    passed by the Community Affairs Committee and further adds
  5  provisions which provide coordination among the corporation's
    strategic and business plans, local comprehensive plans, and
  6  performance based program budgeting.

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