CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dyer moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 0, delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (4) of section 420.0003, Florida

18  Statutes, is amended to read:

19         420.0003  State housing strategy.--

20         (4)  IMPLEMENTATION.--The Department of Community

21  Affairs and the Florida Housing Finance Corporation in

22  carrying out the strategy articulated herein shall have the

23  following duties:

24         (a)  The fiscal resources of the Department of

25  Community Affairs shall be directed to achieve the following

26  programmatic objectives:

27         1.  Effective technical assistance and

28  capacity-building programs shall be established at the state

29  and local levels.

30         2.  The Shimberg Center for Affordable Housing at the

31  University of Florida shall develop and maintain statewide

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  1  data on housing needs and production, provide technical

  2  assistance relating to real estate development and finance,

  3  operate an information clearinghouse on housing programs, and

  4  coordinate state housing initiatives with local government and

  5  federal programs.

  6         (b)  The agency strategic functional plan of the

  7  Department of Community Affairs, prepared pursuant to the

  8  provisions of ss. 186.021 and 186.022, shall include specific

  9  goals, objectives, and strategies that which implement the

10  housing policies in this section and shall include the

11  strategic plan for housing production prepared by the

12  corporation pursuant to s. 420.511.

13         (c)  The Shimberg Center for Affordable Housing, in

14  consultation with the Department of Community Affairs and

15  cooperation with the Florida Housing Finance Corporation

16  Agency, shall review and evaluate existing housing

17  rehabilitation, production, and finance programs to determine

18  their consistency with relevant policies in this section and

19  identify the needs of specific populations, including, but not

20  limited to, elderly and handicapped persons, and shall

21  recommend statutory modifications where appropriate.  The

22  Shimberg Center for Affordable Housing, in consultation with

23  the Department of Community Affairs and cooperation with the

24  corporation agency, shall also evaluate the degree of

25  coordination between state housing programs, and between

26  state, federal, and local housing activities, and shall

27  recommend improved program linkages. The recommendations

28  required above and a report of any programmatic modifications

29  made as a result of these policies shall be included in the

30  housing report required by s. 420.6075, beginning December 31,

31  1991, and every 5 years thereafter.

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  1         (d)  The department and the corporation agency are

  2  anticipated to conform the administrative rules for each

  3  housing program to the policies stated in this section,

  4  provided that such changes in the rules are consistent with

  5  the statutory intent or requirements for the program.  This

  6  authority applies only to programs offering loans, grants, or

  7  tax credits and only to the extent that state policies are

  8  consistent with applicable federal requirements.

  9         Section 2.  Section 420.0005, Florida Statutes, is

10  amended to read:

11         420.0005  State Housing Trust Fund.--There is hereby

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

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

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

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

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

17  Portions of The fund shall be administered by the Department

18  of Community Affairs and the Florida Housing Finance

19  Corporation on behalf of the department Agency, as specified

20  in this chapter. Money deposited to the fund must,

21  notwithstanding the provisions of chapter 216, be transferred

22  quarterly in advance, to the extent available, or, if not so

23  available, as soon as received into the State Housing Trust

24  Fund, and subject to the provisions of s. 420.5092(6)(a) and

25  (b) by the Comptroller to the corporation upon certification

26  by the Secretary of Community Affairs that the corporation is

27  in compliance with the requirements of s. 420.0006. The

28  certification made by the secretary shall also include the

29  split of funds among programs administered by the corporation

30  and the department as specified in chapter 92-317, Laws of

31  Florida, as amended. Moneys advanced by the Comptroller must

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                                                  SENATE AMENDMENT

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  1  be deposited by the corporation into a separate fund

  2  established with a qualified public depository meeting the

  3  requirements of chapter 280 to be named the "State Housing

  4  Fund" and used for the purposes of this chapter.

  5  Administrative and personnel costs incurred in implementing

  6  this chapter may be paid from the fund, but such costs may not

  7  exceed 5 percent of the moneys deposited into the fund. To

  8  this fund shall be credited all loan repayments, penalties,

  9  and other fees and charges accruing to the fund under this

10  chapter.  It is the intent of this chapter that all loan

11  repayments, penalties, and other fees and charges collected be

12  credited in full to the program account from which the loan

13  originated.  Moneys in the trust fund which are not currently

14  needed for the purposes of this chapter shall be deposited

15  with the Treasurer to the credit of the trust fund and may be

16  invested in such manner as is provided for by statute.  The

17  interest received on any such investment shall be credited to

18  the fund.

19         Section 3.  Section 420.0006, Florida Statutes, is

20  created to read:

21         420.0006  Authority to contract with corporation.--The

22  secretary of the department shall contract, notwithstanding

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

24  Housing Finance Corporation on a multiyear basis to stimulate,

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

26  contract must incorporate the performance measures required by

27  s. 420.511. The contract must provide that, in the event the

28  corporation fails to comply with any of the performance

29  measures required by s. 420.511, the secretary shall notify

30  the Governor and shall refer the nonperformance to the

31  department's inspector general for review and determination as

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                                                  SENATE AMENDMENT

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  1  to whether such failure is due to forces beyond the

  2  corporation's control or whether such failure is due to

  3  inadequate management of the corporation's resources. Advances

  4  shall continue to be made pursuant to s. 420.0005 during the

  5  pendency of the review by the department's inspector general.

  6  If such failure is due to outside forces, it shall not be

  7  deemed a violation of the contract. If such failure is due to

  8  inadequate management, the department's inspector general

  9  shall provide recommendations regarding solutions. The

10  Governor is authorized to resolve any differences of opinion

11  with respect to performance under the contract and to direct

12  that advances continue in the event of a failure under the

13  contract due to inadequate management.

14         Section 4.  Section 420.501, Florida Statutes, is

15  amended to read:

16         420.501  Short title.--This act shall be known and may

17  be cited as the "Florida Housing Finance Corporation Agency

18  Act."

19         Section 5.  Subsections (2) and (7) of section 420.502,

20  Florida Statutes, are amended to read:

21         420.502  Legislative findings.--It is hereby found and

22  declared as follows:

23         (2)  There exist presently and periodically serious

24  economic dislocations in the construction and building trade

25  industry, resulting in substantial unemployment, business

26  losses, and bankruptcies, and a general deterioration of the

27  economic well-being of Florida residents, and a need to assist

28  and implement welfare-to-work transitioning initiatives to

29  coordinate with state and federal policies.

30         (7)  It is necessary to create a state housing finance

31  corporation agency to encourage the investment of private

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  1  capital in residential housing through the use of public

  2  financing to deal with the problem of disintermediation, to

  3  stimulate the construction and rehabilitation of residential

  4  housing, to facilitate the purchase and sale of existing

  5  residential housing, to provide construction and mortgage

  6  loans for projects, and to make loans to and purchase mortgage

  7  loans from private lending institutions, each on a

  8  quantifiable, measurable basis providing sufficient, clear

  9  evidence of the corporation's goals and its success in

10  achieving the goals.

11         Section 6.  Section 420.503, Florida Statutes, is

12  amended to read:

13         420.503  Definitions.--As used in this part, the term:

14         (1)  "Affordable housing debt" means debt issued by or

15  loans made to the corporation agency, counties,

16  municipalities, or other public agencies of this state or

17  not-for-profit corporations or for-profit entities

18  corporations for the purpose of providing affordable housing

19  to residents of the state.

20         (2)  "Agency" means the Florida Housing Finance Agency

21  as it exists before January 1, 1998, and thereafter as

22  previously existing under state law created pursuant to this

23  part.

24         (3)  "Authorized investments" means any of the

25  following securities:

26         (a)  Investments permitted under s. 215.47(1) and (2),

27  without regard to any limitation set forth therein Direct

28  obligations of, or obligations guaranteed by, the United

29  States of America.

30         (b)  Investment agreements the issuer of which is rated

31  or the guarantor of which is rated in one of the three highest

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  1  rating categories by a nationally recognized rating service.

  2  Bonds, debentures, notes, or other evidences of indebtedness

  3  issued by any of the following:  Bank for Cooperatives;

  4  federal intermediate credit banks; federal home loan banks;

  5  Export-Import Bank of the United States; federal land banks;

  6  Federal National Mortgage Association; Government National

  7  Mortgage Association; Federal Financing Bank; Small Business

  8  Administration; or any other agency or instrumentality of the

  9  United States of America, created by an Act of Congress,

10  substantially similar to the foregoing in its legal

11  relationship to the United States of America.

12         (c)  Public housing bonds issued by public housing

13  agencies and fully secured as to the payment of both principal

14  and interest by a pledge of annual contributions under an

15  annual contributions contract or contracts with the United

16  States of America, and temporary notes, preliminary loan

17  notes, or project notes issued by public housing agencies, in

18  each case fully secured as to the payment of both principal

19  and interest by a requisition or payment agreement with the

20  United States of America.

21         (d)  Interest-bearing time or demand deposits,

22  certificates of deposit, or other similar banking arrangements

23  with any bank, trust company, national banking association, or

24  other depository institution, including any trustee or other

25  fiduciary with respect to the bonds of the agency, provided:

26         1.  The deposits, certificates, and other arrangements

27  are insured to the satisfaction of the agency by the Federal

28  Deposit Insurance Corporation or the Federal Savings and Loan

29  Insurance Corporation;

30         2.  The depository institution has combined capital and

31  surplus of at least $10 million and the deposits,

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  1  certificates, and other arrangements are fully secured by

  2  obligations described in paragraphs (a) through (c),

  3  inclusive, or a combination thereof; or

  4         3.  The depository institution has combined capital and

  5  surplus of at least $25 million.

  6         (e)  Contracts for the purchase and sale of obligations

  7  described in paragraphs (a) and (b), provided that if the

  8  parties with which the contracts are made are not members of

  9  the Federal Reserve System or if the parties, including

10  members of the Federal Reserve System, are not required to set

11  aside and otherwise identify, to the satisfaction of the

12  agency, obligations described in paragraph (a) or paragraph

13  (b) to such contracts as security or reserve therefor in an

14  amount at least equal to the face value of each contract, the

15  obligations shall be delivered to and held by a trustee or

16  other fiduciary with respect to the bonds of the agency during

17  the term of the contracts.

18         (4)  "Bond" means any bond, debenture, note, or other

19  evidence of financial indebtedness issued by on behalf of the

20  corporation agency under and pursuant to this act.

21         (5)  "Commercial fishing worker" means a laborer who is

22  employed on a seasonal, temporary, or permanent basis in

23  fishing in salt water or fresh water and who derived at least

24  50 percent of his income in the immediately preceding 12

25  months from such employment.  The term includes a person who

26  has retired as a laborer due to age, disability, or illness.

27  In order to be considered retired due to age, a person must be

28  50 years of age or older and must have been employed for a

29  minimum of 5 years as a commercial fishing worker.  In order

30  to be considered retired due to disability or illness, a

31  person must:

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  1         (a)  Establish medically that he is unable to be

  2  employed as a commercial fishing worker due to that disability

  3  or illness; and

  4         (b)  Establish that he was previously employed as a

  5  commercial fishing worker.

  6         (6)  "Community-based organization" means a private

  7  corporation organized under chapter 617 to assist in the

  8  provision of housing-related services on a not-for-profit

  9  basis within a designated area, which may include a

10  municipality, a county, or more than one municipality or

11  county.

12         (7)  "Community housing development organization" means

13  a nonprofit organization that has among its purposes the

14  provision of affordable housing for low-income families and

15  moderate-income families, maintains accountability to

16  low-income community residents, has demonstrated the capacity

17  to carry out affordable housing activities, and has a history

18  of serving the local community.

19         (8)  "Contract" means the contract between the

20  secretary of the department and the corporation for provision

21  of housing services referenced in s. 420.0006.

22         (9)  "Contribution" means a gift, subscription,

23  conveyance, deposit, loan, payment, or distribution of money

24  or anything of value, including contributions in kind having

25  an attributable monetary value in any form, made directly or

26  indirectly for the purpose of influencing an election.

27         (10)  "Corporation" means the Florida Housing Finance

28  Corporation.

29         (11)  "Covered employee" means those corporation

30  employees designated by rule of the corporation.

31         (12)(8)  "Department" means the Department of Community

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  1  Affairs.

  2         (13)(9)  "Development costs" means the sum total of all

  3  costs incurred in the development of a project which are

  4  approved by the corporation agency as reasonable and

  5  necessary.  Such costs may include, but are not limited to:

  6         (a)  The cost of acquiring real property and any

  7  buildings thereon, including payments for options, deposits,

  8  or contracts to purchase properties.

  9         (b)  The cost of site preparation, demolition, and

10  development.

11         (c)  Any expenses relating to the issuance of the bonds

12  of the corporation agency.

13         (d)  Fees in connection with the planning, execution,

14  and financing of the project, such as those of architects,

15  engineers, attorneys, accountants, and the corporation agency.

16         (e)  The cost of studies, surveys, plans, permits,

17  insurance, interest, financing, tax and assessment costs, and

18  other operating and carrying costs during construction,

19  rehabilitation, or reconstruction of the project.

20         (f)  The cost of the construction, rehabilitation, and

21  equipping of the project.

22         (g)  The cost of land improvements, such as landscaping

23  and offsite improvements, whether such costs are paid in cash,

24  property, or services.

25         (h)  Expenses in connection with initial occupancy of

26  the project.

27         (i)  A reasonable profit-and-risk fee in addition to

28  job overhead to the general contractor and, if applicable, the

29  sponsor.

30         (j)  Allowances established by the corporation agency

31  for working capital, contingency reserves, and reserves for

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  1  any anticipated operating deficits during the first 2 years

  2  after completion of the project.

  3         (k)  The cost of such other items, including relocation

  4  costs, indemnity and surety bonds, premiums on insurance, and

  5  fees and expenses of trustees, depositories, and paying agents

  6  for the corporation's agency's bonds, as the corporation

  7  agency shall determine to be reasonable and necessary for the

  8  development of the project.

  9         (14)(10)  "Division" means the Division of Bond Finance

10  of the State Board of Administration created by and referred

11  to in the State Bond Act.

12         (15)(11)  "Elderly" means persons 62 years of age or

13  older.

14         (16)(12)  "Eligible housing provider" means a

15  for-profit developer or not-for-profit developer or a

16  community housing development organization having demonstrated

17  the capacity to construct or rehabilitate affordable housing.

18         (17)(13)  "Eligible persons" means one or more natural

19  persons or a family, irrespective of race, creed, national

20  origin, or sex, determined by the corporation agency pursuant

21  to a rule to be of low, moderate, or middle income.  Such

22  determination shall not preclude any person or family earning

23  up to 150 percent of the state or county median family income

24  from participating in programs. Persons 62 years of age or

25  older shall be defined as eligible persons regardless of

26  income.  In determining the income standards of eligible

27  persons for its various programs, the corporation agency may

28  take into account the following factors:

29         (a)  Requirements mandated by federal law.

30         (b)  Variations in circumstances in the different areas

31  of the state.

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  1         (c)  Whether the determination is for rental housing or

  2  homeownership purposes.

  3         (d)  The need for family size adjustments to accomplish

  4  the purposes set forth in this act.

  5         (14)  "Energy audit" means an evaluation of

  6  energy-saving measures in which the estimates of costs and

  7  savings are based on an onsite inspection of the residence of

  8  an eligible customer by an auditor qualified pursuant to s.

  9  366.82.

10         (15)  "Energy conservation loan" means a loan made

11  pursuant to s. 366.82(3).

12         (18)(16)  "Farmworker" means a laborer who is employed

13  on a seasonal, temporary, or permanent basis in the planting,

14  cultivating, harvesting, or processing of agricultural or

15  aquacultural products and who derived at least 50 percent of

16  his income in the immediately preceding 12 months from such

17  employment. "Farmworker" also includes a person who has

18  retired as a laborer due to age, disability, or illness.  In

19  order to be considered retired as a farmworker due to age

20  under this part, a person must be 50 years of age or older and

21  must have been employed for a minimum of 5 years as a

22  farmworker before retirement.  In order to be considered

23  retired as a farmworker due to disability or illness, a person

24  must:

25         (a)  Establish medically that he is unable to be

26  employed as a farmworker due to that disability or illness.

27         (b)  Establish that he was previously employed as a

28  farmworker.

29         (19)(17)  "Housing for the elderly" means, for purposes

30  of s. 420.5087(3)(c)2., any nonprofit housing community that

31  is financed by a mortgage loan made or insured by the United

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  1  States Department of Housing and Urban Development under s.

  2  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

  3  236 of the National Housing Act, as amended, and that is

  4  subject to income limitations established by the United States

  5  Department of Housing and Urban Development, or any program

  6  funded by the Rural Development Agency of the United States

  7  Department of Agriculture Farmers Home Administration and

  8  subject to income limitations established by the United States

  9  Department of Agriculture.

10         (20)(18)  "Lending institution" means any bank or trust

11  company, mortgage banker, savings bank, credit union, national

12  banking association, savings and loan association, building

13  and loan association, insurance company, the Florida Housing

14  Development Corporation, or other financial institution or

15  governmental agency authorized to transact business in this

16  state and which customarily provides service or otherwise aids

17  in the financing of mortgages on real property located in the

18  state.

19         (21)(19)  "Loan," for purposes of the State Apartment

20  Incentive Loan Program and HOME Investment Partnership

21  Program, means any direct loan or loan guaranty issued or

22  backed by such funds.

23         (22)(20)  "Local government" means a unit of local

24  general-purpose government as defined in s. 218.31(2).

25         (23)(21)  "Local partnership" means a formally

26  constituted group, including representatives of local

27  government, lenders, developers, nonprofit organizations,

28  realtors, social service providers, and other entities in the

29  community which are involved with the development of

30  affordable housing.

31         (24)  "Members" means the members of the board of

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  1  directors of the corporation.

  2         (25)(22)  "Mortgage" means:

  3         (a)  A mortgage, mortgage deed, deed of trust, or other

  4  instrument:

  5         1.  Creating a lien, subject only to such title

  6  exceptions as may be acceptable to the corporation agency, on

  7  a fee interest in real property located within the state or on

  8  a leasehold on such a fee interest which has a remaining term

  9  at the time of computation that exceeds the maturity date of

10  the mortgage loan by a number of years determined by the

11  corporation agency to be sufficient to protect its interests;

12  and

13         2.  Secured, insured, or guaranteed in such manner as

14  the corporation agency determines will protect its interests

15  and those of the bondholders, provided the bonds issued to

16  fund or finance such instrument are rated by a nationally

17  recognized rating service in any one of the three highest

18  classifications, which rating services and classifications are

19  determined pursuant to rules adopted by the State Board of

20  Administration under s. 215.84(3), unless the bonds are

21  privately placed through a negotiated sale as authorized in s.

22  420.509(7)(a); or

23         (b)  A pledge of stock in a cooperative association and

24  a security interest in the related lease.

25         (26)(23)  "Mortgage loan" means a financial obligation

26  secured by a mortgage.

27         (27)(24)  "Nonparticipating local jurisdiction" means a

28  locality which is not a participating local jurisdiction.

29         (28)  "Officers" means the chairman, vice chairman, and

30  secretary of the board of directors of the corporation.

31         (29)(25)  "Participating local jurisdiction" means a

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  1  locality which has accrued at least $750,000 in HOME funds

  2  through the federal formula allocation process or which has

  3  supplemented its formula allocation by processes approved by

  4  the Federal Government to equal $750,000.

  5         (30)(26)  "Pledged revenues" means revenues to be

  6  derived from the financing of residential housing, mortgages,

  7  or loan payments and any other revenues or assets that may be

  8  legally available to pay the principal of, redemption premium,

  9  if any, and interest on the bonds derived from sources other

10  than ad valorem taxation, including revenues from other

11  sources or any combination thereof and any funds or accounts

12  designated by the corporation; however, in no event shall the

13  full faith and credit of the state be pledged to secure such

14  revenue bonds.

15         (31)  "Prohibited business solicitation communication"

16  means a private written or verbal communication between a

17  member, officer, or covered employee of the corporation and a

18  service provider regarding the merits of the service provider

19  and whether the corporation should retain the services of the

20  service provider. The term does not include:

21         (a)  A verbal communication made on the record during a

22  public meeting;

23         (b)  A written communication provided to each member

24  and officer of the corporation and made part of the record at

25  a public meeting;

26         (c)  A written proposal or statement of qualifications

27  submitted to the corporation in response to a corporation

28  advertisement seeking proposals or statements of

29  qualifications as part of a competitive selection process.

30         (d)  A verbal or written communication related to the

31  contractual responsibilities of a service provider who was

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  1  selected to provide services or who was included in a pool of

  2  service providers eligible to provide services as a result of

  3  a competitive selection process, so long as the communications

  4  do not relate to solicitation of business.

  5         (e)  A verbal or written communication related to a

  6  proposed method of financing or proposed projects, so long as

  7  the communications do not relate to solicitation of business.

  8         (32)(27)  "Project" means any work or improvement

  9  located or to be located in the state, including real

10  property, buildings, and any other real and personal property,

11  designed and intended for the primary purpose of providing

12  decent, safe, and sanitary residential housing for persons or

13  four or more families, whether new construction, the

14  acquisition of existing residential housing, or the

15  remodeling, improvement, rehabilitation, or reconstruction of

16  existing housing, together with such related nonhousing

17  facilities as the corporation agency determines to be

18  necessary, convenient, or desirable.

19         (33)(28)  "Real property" means all lands, including

20  improvements and fixtures thereon and property of any nature

21  appurtenant thereto or used in connection therewith, and every

22  estate, interest, and right, legal or equitable, therein,

23  including terms of years and liens by way of judgment,

24  mortgage, or otherwise and the indebtedness secured by such

25  liens.

26         (34)(29)  "Residential housing" means one or more new

27  or existing residential dwelling units located or to be

28  located in the state, including any buildings, land,

29  improvements, equipment, facilities, or other real or personal

30  properties which are necessary in connection therewith,

31  including, but not limited to, related facilities for streets,

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  1  sewers, and utilities.

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

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

  4  public accounting firm, auditor, trustee bank, credit

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

  6  services to the corporation which offers to perform or

  7  performs services to the corporation or other provider for

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

  9  year. The term includes the agents, officers, principals, and

10  professional employees of the service provider.

11         (36)  "Services" means the professional services

12  normally provided by the service provider. The term includes,

13  but is not limited to, the services of bond and special

14  counsel, auditor, accountant, trustee bank, and master

15  servicer.

16         (37)(30)  "Sponsor" means any individual, association,

17  corporation, joint venture, partnership, trust, local

18  government, or other legal entity or any combination thereof

19  which:

20         (a)  Has been approved by the corporation agency as

21  qualified to own, construct, acquire, rehabilitate,

22  reconstruct, operate, lease, manage, or maintain a project;

23  and

24         (b)  Except for a local government, has agreed to

25  subject itself to the regulatory powers of the corporation

26  agency.

27         (38)(31)  "State" means the State of Florida.

28         (39)(32)  "State Board of Administration" means the

29  State Board of Administration created by and referred to in s.

30  9, Art. XII of the State Constitution.

31         (33)  "State Bond Act" means ss. 215.57-215.83, as the

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  1  same may be amended from time to time.

  2         (40)(34)  "State Housing Trust Fund" means the trust

  3  fund established pursuant to s. 420.0005.

  4         (41)(35)  "Substantial rehabilitation" means repair or

  5  restoration of a dwelling unit where the value of such repair

  6  or restoration exceeds 40 percent of the value of the

  7  dwelling.

  8         Section 7.  Section 420.504, Florida Statutes, 1996

  9  Supplement, is amended to read:

10         420.504  Public corporation Agency; creation,

11  membership, terms, expenses.--

12         (1)  There is created within the Department of

13  Community Affairs a public corporation and a state agency and

14  instrumentality, which shall be a public body corporate and

15  politic, to be known as the "Florida Housing Finance

16  Corporation Agency." It is declared to be the intent of and

17  constitutional construction by the Legislature that the

18  Florida Housing Finance Corporation constitutes an

19  entrepreneurial public corporation organized to provide and

20  promote the public welfare by administering the governmental

21  function of financing or refinancing housing and related

22  facilities in Florida and that the corporation is not a

23  department of the executive branch of state government within

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

25  Constitution, but is functionally related to the Department of

26  Community Affairs in which it is placed. The executive

27  function of state government to be performed by the secretary

28  of the department in the conduct of the business of the

29  Florida Housing Finance Corporation must be performed pursuant

30  to an annual contract to monitor and set performance standards

31  for the implementation of the business plan for the provision

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  1  of housing approved for the corporation as provided in s.

  2  420.0006.  This contract shall include the performance

  3  standards for the provision of affordable housing in Florida

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

  5         (2)  The corporation is constituted as a public

  6  instrumentality, and the exercise by the corporation of the

  7  power conferred by this act is considered to be the

  8  performance of an essential public function.  The corporation

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

10  corporation is subject to chapter 119, subject to exceptions

11  applicable to the corporation, and to the provisions of

12  chapter 286. The corporation is not governed by chapter 607,

13  but by the provisions of this part. If for any reason the

14  establishment of the corporation is deemed in violation of

15  law, such provision is severable and the remainder of this act

16  remains in full force and effect.

17         (3)  The corporation is a separate budget entity and is

18  not subject to control, supervision, or direction by the

19  Department of Community Affairs in any manner, including, but

20  not limited to, personnel, purchasing, transactions involving

21  real or personal property, and budgetary matters.  The

22  corporation agency shall consist of a board of directors

23  composed of the Secretary of Community Affairs as an ex

24  officio and voting member and eight members appointed by the

25  Governor subject to confirmation by the Senate from the

26  following:

27         (a)  One citizen actively engaged in the residential

28  home building industry.

29         (b)  One citizen actively engaged in the banking or

30  mortgage banking industry.

31         (c)  One citizen who is a representative of those areas

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  1  of labor engaged in home building.

  2         (d)  One citizen with experience in housing development

  3  who is an advocate for low-income persons.

  4         (e)  One citizen actively engaged in the commercial

  5  building industry.

  6         (f)  One citizen who is a former local government

  7  elected official.

  8         (g)(e)  Two Four citizens of the state who are not

  9  principally employed as members or representatives of any of

10  the groups specified in paragraphs (a) through (f) (d).

11

12  The changes in membership categories required by this act

13  shall be effective when the term of one citizen member expires

14  in 1998 on November 13, 1988.

15         (4)(2)(a)  Members of the corporation agency shall be

16  appointed for terms of 4 years, except that any vacancy shall

17  be filled for the unexpired term.

18         (b)  Subject to removal or reinstatement of the member

19  by the Senate, the Governor may suspend a member for cause,

20  including, but not limited to, failure to attend at least 3

21  meetings of the board during any 12-month period.

22         (5)(3)  The chairman and a vice chairman shall be

23  elected annually by the members thereof.  Any additional

24  officers, who need not be members, as may be deemed necessary

25  by the members of the corporation agency may be designated and

26  elected by the members thereof.

27         (6)(4)  A member of the board of directors of the

28  corporation agency shall receive no compensation for his or

29  her services but shall be entitled to the necessary expenses,

30  including per diem and travel expenses, incurred in the

31  discharge of his duties, as provided by law.

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  1         (7)(5)  Each member of the board of directors of the

  2  corporation agency shall file full and public disclosure of

  3  financial interests at the times and places and in the same

  4  manner required of elected constitutional officers under s. 8,

  5  Art. II of the State Constitution and any law implementing s.

  6  8, Art. II of the State Constitution.

  7         (8)  A member of the board of directors of the

  8  corporation is not personally liable for monetary damages to

  9  the corporation or to any person for any statement, vote,

10  decision, or failure to take an action regarding corporation

11  management or policy by that member, unless:

12         (a)  The member breached or failed to perform his or

13  her duties as a member; and

14         (b)  The member's breach of, or failure to perform, his

15  or her duties constitutes:

16         1.  A violation of criminal law, unless the member had

17  reasonable cause to believe his or her conduct was lawful or

18  had no reasonable cause to believe his or her conduct was

19  unlawful. A judgment or other final adjudication against a

20  member in any criminal proceeding for violation of the

21  criminal law estops that member from contesting the fact that

22  his or her breach, or failure to perform, constitutes a

23  violation of the criminal law, but does not estop the member

24  from establishing that he or she had reasonable cause to

25  believe that his or her conduct was lawful or had no

26  reasonable cause to believe that his or her conduct was

27  unlawful;

28         2.  A transaction from which the member derived an

29  improper personal benefit, either directly or indirectly; or

30         3.  Recklessness or an act or omission that was

31  committed in bad faith or with malicious purpose or in a

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  1  manner exhibiting wanton and willful disregard of human

  2  rights, safety, or property.

  3         (9)  For purposes of this section, the term

  4  "recklessness" means the acting, or omission to act, in

  5  conscious disregard 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         (10)  The members of the agency in office on December

12  31, 1997, shall continue in office as the directors of the

13  corporation without further act of the Governor or Senate for

14  the balance of their respective terms of office with their

15  terms being defined to have commenced as of the date of first

16  appointment for purposes of chapter 112.

17         Section 8.  Section 420.505, Florida Statutes, is

18  amended to read:

19         420.505  Meetings; quorum; voting.--The powers of the

20  corporation agency shall be vested in the its members of its

21  board of directors in office from time to time.  Five members

22  of the board agency shall constitute a quorum for the purpose

23  of conducting its business and exercising its powers and for

24  all other purposes.  Action may be taken by the board agency

25  upon an affirmative vote of a majority of the members present,

26  provided that no action shall be taken by an affirmative vote

27  of less than four members.

28         Section 9.  Section 420.506, Florida Statutes, is

29  amended to read:

30         420.506  Executive director; agents and employees.--The

31  appointment and removal of an executive director shall be by

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  1  the Secretary of Community Affairs, with the advice and

  2  consent of the corporation's board of directors agency.  The

  3  executive director shall subsequently employ legal and

  4  technical experts and such other agents and employees,

  5  permanent and temporary, as the corporation agency may

  6  require, and shall communicate with and provide information to

  7  the Legislature with respect to the corporation's activities.

  8  The executive director shall establish a contact within the

  9  corporation to work with the department's inspector general.

10  The board is authorized, notwithstanding the provisions of s.

11  216.262, to develop and implement rules regarding the

12  employment of employees of the corporation and service

13  providers, including legal counsel. The corporation may hire

14  any individual who, as of the effective date of this act, is

15  employed by the agency. The corporation is authorized to enter

16  into a lease agreement with the Department of Management

17  Services or the Department of Community Affairs for the lease

18  of state employees from such entity, wherein an employee shall

19  retain his or her status as a state employee without regard to

20  the foregoing but shall work under the direct supervision of

21  the corporation, and shall retain the right to participate in

22  the Florida Retirement system. The board of directors of the

23  corporation is entitled to establish travel procedures and

24  guidelines for employees of the corporation. The executive

25  director's office and the corporation's files and records must

26  be located in Leon County. The provisions of the state

27  personnel law contained in chapter 110 shall apply, except

28  that no more than 10 policymaking employees of the agency as

29  determined from time to time by the agency may be exempted.

30         Section 10.  Section 420.5061, Florida Statutes, is

31  created to read:

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  1         420.5061  Transfer of agency assets and

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

  3  liabilities, rights and obligations, including any outstanding

  4  contractual obligations, of the agency shall be transferred to

  5  the corporation as legal successor in all respects to the

  6  agency. The corporation shall thereupon become obligated to

  7  the same extent as the agency under any existing agreements

  8  and be entitled to any rights and remedies previously afforded

  9  the agency by law or contract, including specifically the

10  rights of the agency under chapter 201 and chapter 159, part

11  VI. Effective January 1, 1998, all references under Florida

12  law to the agency are deemed to mean the corporation. For

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

14  continuation of the agency, and the provisions thereof are

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

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

17  112.313(9)(a)6. shall continue to be entitled to the exemption

18  in that subparagraph, notwithstanding being hired by the

19  corporation or appointed as board members of the corporation.

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

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

22  corporation.

23         Section 11.  Section 420.507, Florida Statutes, is

24  amended to read:

25         420.507  Powers of the corporation agency.--The

26  corporation agency shall have all the powers necessary or

27  convenient to carry out and effectuate the purposes and

28  provisions of this part, including the following powers which

29  are in addition to all other powers granted by other

30  provisions of this part:

31         (1)  To sue and be sued, to have a seal, to alter the

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  1  same at pleasure and to authorize the use of a facsimile

  2  thereof, and to make and execute contracts and other

  3  instruments necessary or convenient to the exercise of the

  4  powers of the corporation agency.

  5         (2)  To undertake and carry out studies and analyses of

  6  housing needs within the state and ways of meeting those

  7  needs.

  8         (3)  To participate in federal housing assistance and

  9  federal community development, insurance, and guarantee

10  programs and to agree and comply with any conditions attached

11  to federal financial assistance, including, without

12  limitation, the waiver of exemption from federal income

13  taxation on interest payable on its bonds, unless expressly

14  prohibited by this act.

15         (4)  To provide for the collection and payment of fees

16  and charges, regardless of method of payment, in connection

17  with its loans, commitments, and servicing, including, but not

18  limited to, reimbursement of costs of financing by the

19  corporation agency, service charges and insurance premiums as

20  the corporation agency shall determine to be reasonable and as

21  shall be approved by the corporation agency.  The fees and

22  charges may be paid directly by the borrower to the insurer,

23  lender, or servicing agent or may be deducted from the

24  interest collected by such insurer, lender, or servicing

25  agent.

26         (5)  To acquire real and personal property or any

27  interest therein when such acquisition is necessary or

28  appropriate to protect any loan or to participate in any

29  program in which the corporation agency has an interest; to

30  sell, transfer, and convey any such property to a buyer

31  without regard to the provisions of chapters 253 and 270; and,

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  1  in the event that such sale, transfer, or conveyance cannot be

  2  effected with reasonable promptness or at a reasonable price,

  3  to lease such property for occupancy by eligible persons.

  4         (6)  To borrow money through the issuance of bonds or

  5  from the Federal Home Loan Bank or Rural Housing Services of

  6  the United States Department of Agriculture for the purposes

  7  provided in this part, to provide for and secure the payment

  8  thereof, and to provide for the rights of the holders thereof.

  9         (7)  To purchase bonds of the corporation agency out of

10  any funds or moneys of the corporation agency available

11  therefor and to hold, cancel, or resell such bonds.

12         (8)  To invest any funds held in reserves or sinking

13  funds, or any funds not required for immediate disbursement,

14  in such investments as may be authorized for trust funds under

15  s. 215.47 and in any authorized investments, provided such

16  investments will be made on behalf of the corporation agency

17  by the State Board of Administration or by another trustee

18  appointed for that purpose.

19         (9)  To set standards for residential housing financed

20  by the corporation agency under this chapter and to provide

21  for inspections to determine compliance with those standards.

22         (10)  To contract for and to accept gifts, grants,

23  loans, or other aid from the United States Government or any

24  person or corporation.

25         (11)  To insure and procure insurance against any loss

26  in connection with any bonds of the corporation agency and the

27  corporation's agency's operations or property, including

28  without limitation:

29         (a)  The repayment of any loans to mortgage lenders or

30  mortgage loans.

31         (b)  Any project.

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  1         (c)  Any bonds of the corporation agency, in such

  2  amounts and from such insurers, including the Federal

  3  Government, as it may deem necessary or desirable, and to pay

  4  any premiums therefor.

  5         (12)  To make rules necessary to carry out the purposes

  6  of this part and to exercise any power granted in this part

  7  pursuant to the provisions of chapter 120.

  8         (13)  To engage the services of private consultants on

  9  a contract basis for rendering professional and technical

10  assistance and advice.

11         (14)  To make additional conditions respecting the

12  grant of loans or mortgage loans pursuant to this part,

13  including, without limitation, the regulation of eligible

14  persons and the admission of tenants and other occupants or

15  users of projects and residential housing, and to enter into

16  regulatory and other agreements and contracts under the

17  provisions of this part.

18         (15)  To institute any action or proceeding against any

19  eligible person or sponsor receiving a loan or owning any

20  residential housing financed under the provisions of this part

21  in any court of competent jurisdiction to enforce the

22  provisions of this part or the terms and provisions of any

23  agreement or contract between the corporation agency and such

24  person and, in connection with any such action or proceeding,

25  to apply for and accept the appointment, by a court of

26  competent jurisdiction, of a receiver to take over, manage,

27  operate, and maintain such residential housing.

28         (16)  To procure or require the procurement of a policy

29  or policies of group life insurance or disability insurance,

30  or both, to insure repayment of mortgage loans for residential

31  housing in the event of the death or disability of the

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  1  eligible person or persons liable therefor, and to pay any

  2  premiums therefor.

  3         (17)  To renegotiate any mortgage loan or any purchase

  4  agreement with a borrower or loan to a lending institution in

  5  default; to waive any default or consent to the modification

  6  of the terms of any mortgage loan or any purchase agreement

  7  with or loan to a lending institution; and to commence,

  8  prosecute, and enforce a judgment in any action or proceeding

  9  to protect or enforce any right conferred upon it by law,

10  mortgage loan, loan agreement or purchase agreement with a

11  lending institution, contract, or other agreement, including

12  without limitation foreclosure of the security interest on the

13  property securing such a mortgage loan or loan to a lending

14  institution; provided that any such action or proceeding shall

15  be brought in the name of the entity servicing the mortgage

16  loan on behalf of the corporation agency and not in the name

17  of the corporation agency, and in connection with any such

18  proceeding, to bid for and purchase the property or acquire or

19  take possession thereof and, in such event, complete,

20  administer, pay the principal of and interest on any

21  obligations incurred in connection with the property and

22  dispose of and otherwise deal with the property in such manner

23  as the corporation agency may deem advisable to protect its

24  interests therein.

25         (18)  To make and execute contracts for the

26  administration, servicing, or collection of any mortgage loan

27  or loan agreement or purchase agreement with a mortgage lender

28  or servicing agent for the duration of the loan or agreement

29  and pay the reasonable value of services rendered to the

30  corporation agency pursuant to such contracts.  The fees and

31  charges for such services may be paid directly by the borrower

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  1  to the lender or servicing agent or may be deducted from the

  2  interest collected by such lender or servicing agent.

  3         (19)  To fix, revise from time to time, charge, and

  4  collect fees and other charges in connection with the making

  5  of mortgage loans and loans to mortgage lenders, the

  6  purchasing of mortgage loans, and any other services rendered

  7  by the corporation agency.

  8         (20)  To make and execute agreements, contracts, and

  9  other instruments necessary or convenient in the exercise of

10  the powers and functions of the corporation agency under this

11  part, including contracts with any person, firm, corporation,

12  local government, or other entity; and all local governments

13  established under the laws of the state are hereby authorized

14  to enter into and do all things necessary to perform such

15  contracts and otherwise cooperate with the corporation agency

16  to facilitate the accomplishment of the purposes of this part.

17         (21)  Review all reverse mortgage provisions proposed

18  to be used by an individual lender or a consortium to

19  determine that such provisions are consistent with the

20  purposes and intent of this act.  If the corporation agency

21  finds that the provisions are consistent, it shall approve

22  those provisions. If the corporation agency finds that the

23  provisions are inconsistent, it shall state its objections and

24  give the parties an opportunity to amend the provisions to

25  overcome such objections.  In approving these provisions, the

26  corporation agency must determine:

27         (a)  That the mortgagee is either licensed pursuant to

28  ss. 494.006-494.0077 or specifically exempt from ss.

29  494.006-494.0077.

30         (b)  That the mortgagee has sufficient resources to

31  finance such mortgages.

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  1         (22)  To develop and administer the State Apartment

  2  Incentive Loan Program. In developing and administering that

  3  program, the corporation agency may:

  4         (a)  Make first, second, and other subordinated

  5  mortgage loans including variable or fixed rate loans subject

  6  to contingent interest.  The corporation agency shall make

  7  loans exceeding 25 percent of project cost available only to

  8  nonprofit organizations and public bodies which are able to

  9  secure grants, donations of land, or contributions from other

10  sources and to projects meeting the criteria of subparagraph

11  1.  Mortgage loans shall be made available at the following

12  rates of interest:

13         1.  Zero to 3 percent interest for sponsors of projects

14  that maintain an 80 percent occupancy of residents qualifying

15  as farmworkers as defined in s. 420.306(7) over the life of

16  the loan.

17         2.  Three to 9 percent interest for sponsors of

18  projects targeted at populations other than farmworkers.

19         (b)  Geographically and demographically target the

20  utilization of loans.

21         (c)  Underwrite credit, and reject projects which do

22  not meet the established standards of the corporation agency.

23         (d)  Negotiate with governing bodies within the state

24  after a loan has been awarded to obtain local government

25  contributions.

26         (e)  Inspect any records of a sponsor at any time

27  during the life of the loan or the agreed period for

28  maintaining the provisions of s. 420.5087.

29         (f)  Establish, by rule, the procedure for evaluating,

30  scoring, and competitively ranking all applications based on

31  the criteria set forth in s. 420.5087(6)(c); determining

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  1  actual loan amounts; making and servicing loans; and

  2  exercising the powers authorized in this subsection.

  3         (g)  Establish a loan loss insurance reserve to be used

  4  to protect the outstanding program investment in case of a

  5  default, deed in lieu of foreclosure, or foreclosure of a

  6  program loan.

  7         (23)  To develop and administer the Florida

  8  Homeownership Assistance Program.  In developing and

  9  administering the program, the corporation agency may:

10         (a)1.  Make subordinated loans to eligible borrowers

11  for down payments or closing costs related to the purchase of

12  the borrower's primary residence.

13         2.  Make permanent loans to eligible borrowers related

14  to the purchase of the borrower's primary residence.

15         3.  Make subordinated loans to nonprofit sponsors or

16  developers of housing for construction financing of housing to

17  be offered for sale to eligible borrowers as a primary

18  residence at an affordable price.

19         (b)  Establish a loan loss insurance reserve to

20  supplement existing sources of mortgage insurance with

21  appropriated funds.

22         (c)  Geographically and demographically target the

23  utilization of loans.

24         (d)  Defer repayment of loans for the term of the first

25  mortgage.

26         (e)  Establish flexible terms for loans with an

27  interest rate not to exceed 3 percent per annum and which are

28  nonamortizing for the term of the first mortgage.

29         (f)  Require repayment of loans upon sale, transfer,

30  refinancing, or rental of secured property.

31         (g)  Accelerate a loan for monetary default, for

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  1  failure to provide the benefits of the loans to eligible

  2  borrowers, or for violation of any other restriction placed

  3  upon the loan.

  4         (h)  Adopt rules for the program and exercise the

  5  powers authorized in this subsection.

  6         (24)  To do any and all things necessary or convenient

  7  to carry out the purposes of, and exercise the powers given

  8  and granted in, this part.

  9         (25)  To develop and administer the Florida Affordable

10  Housing Guarantee Program.  In developing and administering

11  the program, the corporation agency may:

12         (a)  Develop criteria for determining the priority for

13  expending the moneys in the State Housing Trust Fund.

14         (b)  Select affordable housing debt to be guaranteed or

15  additionally secured by amounts on deposit in the Affordable

16  Housing Guarantee Trust Fund.

17         (c)  Adopt rules for the program and exercise the

18  powers authorized in this subsection.

19         (26)  To develop and administer the Predevelopment Loan

20  Program.  In developing and administering the program, the

21  corporation agency may make loans and grants as provided in

22  ss. 420.521-420.529.

23         (27)  Notwithstanding the provisions of part I of

24  chapter 287, to establish guidelines for and to implement the

25  purchase and procurement of materials for use by the

26  corporation.

27         (28)  To expend amounts advanced from the State Housing

28  Trust Fund for the purposes of this part.

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

30  purposes of this part and to sell the property without regard

31  to the provisions of chapters 253 and 270.

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  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         (31)  Notwithstanding the provisions of s. 216.301, to

15  retain any unused operational expenditure appropriation for

16  other lawful purposes of the corporation.

17         (32)  To pay pensions and establish pension plans,

18  pension trusts, and benefit and incentive plans for any and

19  all of its current or former employees and agents.

20         (33)  To receive federal funding in connection with the

21  corporation's programs directly from the Federal Government.

22         (34)  To appoint an internal affairs officer, who shall

23  be accountable directly to the board of the corporation. The

24  internal affairs officer shall be responsible for conducting

25  independent investigations at the direction of the board.

26  Audits completed by the internal affairs officer shall conform

27  to the current standards for the Professional Practice of

28  Internal Auditing and subsequent Internal Auditing Standards

29  or Statements on Internal Auditing Standards published by the

30  Institute of Internal Auditors, Inc., or be in accordance with

31  generally accepted governmental auditing standards.

                                  33
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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         Section 12.  Section 420.508, Florida Statutes, 1996

  2  Supplement, is amended to read:

  3         420.508  Special powers; multifamily and single family

  4  projects mortgages and loans to lenders.--The corporation

  5  agency shall have the special power to:

  6         (1)(a)  Purchase or take assignments of, and enter into

  7  commitments to purchase or to take assignments of, mortgage

  8  loans and promissory notes accompanying such mortgage loans

  9  (including participations therein) from lending institutions

10  acting as a principal or as an agent of the corporation

11  agency; provided, at or before the time of any such purchase

12  or assignment, each lending institution shall represent and

13  warrant to, and covenant with, the corporation agency with

14  respect to each mortgage loan to be so purchased or assigned

15  or in which the corporation agency is to purchase a

16  participation that:

17         1.  The unpaid principal balance of the mortgage loan

18  and the interest rate thereon have been accurately stated to

19  the corporation agency;

20         2.  The amount of the unpaid principal balance is

21  justly due and owing;

22         3.  The lending institution has no notice of the

23  existence of any counterclaim, offset, or defense asserted by

24  the mortgagor or his successor in interest;

25         4.  The mortgage loan is evidenced by a duly executed

26  promissory note and a duly executed mortgage which has been

27  properly recorded with the appropriate public official;

28         5.  The mortgage constitutes a valid first lien on the

29  real property described to the corporation authority, subject

30  only to such title exceptions as are specifically described to

31  the corporation agency and as are acceptable to the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  corporation agency;

  2         6.  The mortgagor is not in default in the payment of

  3  any installment of principal or interest, escrow funds, real

  4  property taxes, or otherwise in the performance of his

  5  obligations under the mortgage documents;

  6         7.  The improvements to the mortgaged real property are

  7  covered by a valid and subsisting policy of insurance issued

  8  by a company authorized to issue such policies in the state

  9  and providing fire and extended coverage in such amounts as

10  the corporation agency may prescribe by rule;

11         8.  The mortgage loan meets the prevailing investment

12  quality standards for such mortgage loans in the state; and

13         9.  Either:

14         a.  The mortgage loan was originated after such date as

15  the corporation agency shall have specified, for the purpose

16  of selling or assigning such mortgage loan or a participation

17  therein to the corporation agency, and was made to an eligible

18  person to finance the construction, purchase, or refinancing

19  of residential housing for occupancy by one to four families,

20  all of whom are eligible persons and one of whom is the

21  mortgagor; or

22         b.  An amount at least equal to the aggregate proceeds

23  received by the lending institution upon the sale or

24  assignment will be invested by the lending institution in new

25  mortgage loans originated after such date as the corporation

26  agency shall specify and will be made to eligible persons to

27  finance the construction, purchase, or refinancing of

28  residential housing for occupancy by one to four families, all

29  of whom are eligible persons and one of whom is the mortgagor.

30         (b)  Provide, as a condition of any such purchase,

31  that:

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         1.  Each lending institution shall submit evidence

  2  satisfactory to the corporation agency of the making of the

  3  new mortgage loans to eligible persons and, in connection

  4  therewith, shall permit the corporation agency, through its

  5  members, employees, and agents, to inspect the books and

  6  records of the lending institution; and

  7         2.  Each lending institution shall be liable to the

  8  corporation agency for any damage suffered by the corporation

  9  agency by reason of the untruth of any representation or the

10  breach of any warranty or covenant and, in the event that any

11  representation shall prove to be untrue when made or in the

12  event of any breach of warranty or covenant, the lending

13  institution shall, at the option of the corporation agency,

14  repurchase the mortgage loan for the original purchase price

15  adjusted for amounts subsequently paid thereon, as the

16  corporation agency may determine.

17         (c)  Make and enter into contracts and agreements with

18  lending institutions for the servicing and processing of

19  mortgage loans purchased by the corporation agency pursuant to

20  this section.

21         (d)  Sell, at public or private sale, with or without

22  public biddings, any mortgage or other obligation held by the

23  corporation agency.

24         (2)(a)  Make loans to lending institutions and purchase

25  from lending institutions obligations issued by such lending

26  institutions and secured by mortgages on residential housing

27  or projects, upon such terms and conditions as the corporation

28  agency may determine, which at a minimum shall include a

29  requirement that an amount at least equal to the proceeds

30  thereof be invested in new mortgage loans originated after

31  such date as the corporation agency shall specify and be made

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  to eligible persons to finance the construction, purchase, or

  2  refinancing of residential housing for occupancy by one to

  3  four families, all of whom are eligible persons and one of

  4  whom is the mortgagor, or be made to sponsors to finance the

  5  construction, purchase, or refinancing of projects for tenancy

  6  by eligible persons; however, under no circumstances shall any

  7  loan or mortgage be made for a term which is longer than the

  8  term of the bond, debenture, or note, the proceeds from which

  9  have funded the mortgage or loan.

10         (b)  Require that loans to, or obligations purchased

11  from, lending institutions shall be additionally secured as to

12  payment of both principal and interest by a pledge of and lien

13  upon collateral security in such amounts and consisting of

14  such obligations, securities, and mortgage loans as the

15  corporation State Board of Administration shall by resolution

16  determine to be necessary to assure the payment of such loans

17  or securities purchased and the interest thereon as the same

18  become due; provided that in no event shall the fair market

19  value of the collateral security be less than 100 percent of

20  the principal amount of the outstanding loan or obligation, as

21  determined at such time or times, but no less frequently than

22  annually, as the State Board of Administration shall specify.

23  The State Board of Administration may require in the case of

24  any or all lending institutions that any required collateral

25  security be lodged with a bank or trust company, located

26  either within or outside the state, designated by the agency

27  as custodian therefor.  In the absence of such a requirement,

28  a lending institution shall, if collateral is to be provided

29  for the loan or obligation purchased, upon receipt of the

30  proceeds from the agency, enter into an agreement with the

31  agency containing such provisions as the State Board of

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  Administration shall deem necessary to adequately identify and

  2  maintain such collateral and service the same and shall

  3  provide that the lending institution shall hold the collateral

  4  as an agent for the agency and shall be held accountable as

  5  the trustee of an express trust for the application and

  6  disposition thereof and the income therefrom solely to the

  7  uses and purposes in accordance with the provisions of the

  8  agreement.  A copy of each agreement and any revisions or

  9  supplements thereto shall be filed with the Secretary of State

10  and no further filing or other action under chapter 679,

11  entitled the Uniform Commercial Code-Secured Transactions, or

12  any other law of the state shall be required to perfect the

13  security interest of the agency in the collateral or any

14  additions thereto or substitutions therefor.  The lien and

15  trust so created for the benefit of the agency shall be

16  binding from and after the time made as against all parties

17  having claims of any kind in tort, contract, or otherwise

18  against the lending institution.  No loan to a lending

19  institution shall be made and no obligation issued by a

20  lending institution shall be purchased unless the institution

21  shall have certified to the agency that the payment of

22  principal and interest due on the collateral security which

23  shall secure such loan or obligation shall be sufficient to

24  amortize principal and pay interest on the loan or obligation

25  secured by the collateral.  The agency or the State Board of

26  Administration may also establish such additional requirements

27  as shall be deemed necessary with respect to the pledging,

28  assigning, setting aside, or holding of the collateral

29  security, the making of substitutions therefor or additions

30  thereto, and the disposition of income and receipts therefrom.

31         (c)  Collect, enforce the collection of, and foreclose

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  on any collateral security securing a loan made to, or an

  2  obligation purchased from, a lending institution and acquire

  3  or take possession of such collateral and sell the same at

  4  public or private sale, with or without public bidding, and

  5  otherwise deal with such collateral as may be necessary to

  6  protect the interest of the corporation agency therein, all

  7  subject to any agreement with the bondholders.

  8         (d)  Provide, as a condition of any such loan or

  9  purchase, that:

10         1.  Each lending institution submit evidence

11  satisfactory to the corporation agency of the making of the

12  new mortgage loans to eligible persons or to sponsors to

13  finance projects for tenancy by eligible persons and, in

14  connection therewith, permit the corporation agency, through

15  its members, employees, and agents, to inspect the books and

16  records of such lending institution; and

17         2.  Each lending institution be liable to the

18  corporation agency for any damages suffered by the corporation

19  agency by reason of the untruth of any representation or the

20  breach of any warranty or covenant made in connection with any

21  such loan or purchase.

22         (e)  Adopt, modify, or repeal any additional conditions

23  governing the making of loans to, or purchasing of obligations

24  from, lending institutions and the application of the proceeds

25  thereof.

26         (3)(a)  Make and participate in the making of, and

27  contract to make or participate in the making of, mortgage

28  loans for permanent or construction financing to sponsors for

29  the purposes of financing development costs of projects,

30  provided each mortgage loan for a project made by the

31  corporation agency shall:

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         1.  Be evidenced by a properly executed note or other

  2  evidence of indebtedness and be secured by a properly recorded

  3  mortgage;

  4         2.  Provide for regular amortization to pay the

  5  mortgage loan in full not later than the expiration of the

  6  useful life of the property financed with the proceeds of the

  7  mortgage loan as determined by the corporation agency, and in

  8  any event not later than 45 years from the date of the

  9  mortgage loan;

10         3.  Not exceed such percentage of the development costs

11  as the corporation agency may determine pursuant to rule and,

12  in any event, not more than 95 percent of the development

13  costs;

14         4.  If the mortgage loan is to provide financing for

15  the construction of a project, have each advance thereof

16  secured, insured, or guaranteed in such manner as the

17  corporation agency determines will reasonably protect its

18  interests and those of the bondholders, provided the bonds

19  issued to fund or finance such loan are rated by a nationally

20  recognized rating service in any one of the three highest

21  classifications, which rating services and classifications are

22  determined pursuant to rules adopted by the State Board of

23  Administration under s. 215.84(3), unless the bonds are

24  privately placed through a negotiated sale as authorized in s.

25  409.509(7)(a); however, under no circumstances shall any loan

26  or mortgage be made for a term which is longer than the term

27  of the bond, debenture, or note, the proceeds from which have

28  funded the mortgage or loan;

29         5.  Have the initial review, approval, and origination

30  process accomplished by a lending institution in accordance

31  with such procedure as the corporation agency may prescribe,

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  which lending institution shall be paid such fees and charges

  2  for its services as the corporation agency may determine; and

  3         6.  Be serviced by such lending institution or other

  4  private entity engaged in the business of servicing mortgage

  5  loans in the state as the corporation agency shall approve in

  6  accordance with such procedures as the corporation agency may

  7  prescribe, which servicer shall be paid such fees and charges

  8  for its services as the agency may determine.

  9         (b)  Make the following determinations, which must be

10  made before the corporation agency may make a mortgage loan to

11  a sponsor for a project:

12         1.  That a significant number of low-income,

13  moderate-income, or middle-income persons in the local

14  government in which the project is to be located, or in an

15  area reasonably accessible thereto, are subject to hardship in

16  finding adequate, safe, and sanitary housing;

17         2.  That private enterprise, unaided, is not meeting,

18  and cannot reasonably be expected to meet, the need for such

19  housing; and

20         3.  That the need for such housing will be alleviated

21  by providing the project.

22         (c)  Adopt and from time to time modify or repeal rules

23  for governing the making of and participation in loans to

24  sponsors for projects to implement the powers authorized, and

25  to achieve the purposes set forth, in this part.

26         (4)  Sell, transfer, or otherwise encumber any loan

27  made pursuant to this part.

28         (5)  Establish with a qualified depository meeting the

29  requirements of chapter 280, a separate fund to be known as

30  the "Florida Housing Finance Corporation Fund," to be

31  administered by the corporation in accordance with the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  purposes of this chapter. All fees collected by the

  2  corporation directly from the Federal Government for

  3  administration of the United States Department of Housing and

  4  Urban Development s. 8 housing program, all annual

  5  administrative fees collected by trustees for bond programs

  6  and remitted to the corporation, all expense fees related to

  7  costs of bond issuance collected by trustees and remitted to

  8  the corporation, and all tax credit program fees must be

  9  deposited into the fund. The fund shall be utilized for the

10  purposes of the corporation, including payment of

11  administrative expenses. Effective January 1, 1998, all

12  amounts held in the Housing Finance Agency Trust Fund

13  established pursuant to state law must be transferred to the

14  corporation for deposit in the Florida Housing Finance

15  Corporation Fund, whereupon the Housing Finance Agency Trust

16  Fund must be closed. Expenditures from the Florida Housing

17  Finance Corporation Fund shall not be required to be included

18  in the corporation's budget request or be subject to

19  appropriation by the Legislature.

20         Section 13.  Section 420.5087, Florida Statutes, is

21  amended to read:

22         420.5087  State Apartment Incentive Loan

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

24  Incentive Loan Program for the purpose of providing first,

25  second, or other subordinated mortgage loans or loan

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

27  public entities, to provide housing affordable to

28  very-low-income persons.

29         (1)  Program funds shall be distributed over successive

30  3-year periods in a manner that meets the need and demand for

31  very-low-income housing throughout the state.  That need and

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  demand must be determined by using the most recent statewide

  2  low-income rental housing market studies available at the

  3  beginning of each 3-year period.  However, at least 10 percent

  4  of the program funds distributed during a 3-year period must

  5  be allocated to each of the following categories of counties,

  6  as determined by using the population statistics published in

  7  the most recent edition of the Florida Statistical Abstract:

  8         (a)  Counties that have a population of more than

  9  500,000 people;

10         (b)  Counties that have a population between 100,000

11  and 500,000 people; and

12         (c)  Counties that have a population of 100,000 or

13  less.

14

15  Any increase in funding required to reach the 10-percent

16  minimum shall be taken from the county category that has the

17  largest allocation.

18         (2)  The corporation agency shall have the power to

19  underwrite and make state apartment incentive loans or loan

20  guarantees to sponsors, provided:

21         (a)  The sponsor uses tax-exempt financing for the

22  first mortgage and at least 20 percent of the units in the

23  project are set aside for persons or families who have incomes

24  which meet the income eligibility requirements of s. 8 of the

25  United States Housing Act of 1937, as amended;

26         (b)  The sponsor uses taxable financing for the first

27  mortgage and at least 20 percent of the units in the project

28  are set aside for persons or families who have incomes below

29  50 percent of the state or local median income, whichever is

30  higher, which shall be adjusted by the corporation agency for

31  family size; or

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         (c)  The sponsor uses the federal low-income housing

  2  tax credit, and the project meets the tenant income

  3  eligibility requirements of s. 42 of the Internal Revenue Code

  4  of 1986, as amended.

  5

  6  This subsection does not prohibit a tenant from qualifying

  7  under the income eligibility criteria of paragraph (a),

  8  paragraph (b), or paragraph (c) due to the tenant's

  9  participation in a job training program approved by the

10  corporation agency.  Compliance with the provisions of this

11  subsection must be contractually provided for the term of the

12  loan or 12 years, whichever is longer; however, this

13  subsection does not apply to loans made to housing communities

14  for the elderly to provide for lifesafety, building

15  preservation, health, sanitation, or security-related repairs

16  or improvements. Such loans shall be subject to tenant income

17  criteria established by corporation agency rule.

18         (3)  During the first 6 months of loan or loan

19  guarantee availability, program funds shall be reserved for

20  use by sponsors who provide the housing set-aside required in

21  subsection (2) for tenants in the three tenant groups

22  designated in this subsection. The reservation of funds to

23  each of these groups shall be determined using the most recent

24  statewide very-low-income rental housing market study

25  available at the time of publication of each notice of fund

26  availability required by paragraph (6)(b). The reservation of

27  funds within each notice of fund availability to the three

28  tenant groups designated in this subsection may not be less

29  than 10 percent of the funds available at that time.  Any

30  increase in funding required to reach the 10-percent minimum

31  shall be taken from the tenant group that has the largest

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  reservation. The three tenant groups are:

  2         (a)  Commercial fishing workers and farmworkers;

  3         (b)  Families; and

  4         (c)1.  Elderly persons.

  5         2.  Ten percent of the amount reserved pursuant to

  6  subparagraph 1. shall be reserved to provide loans to sponsors

  7  of housing for the elderly, as defined in s. 420.503, for the

  8  purpose of making building preservation, health, or sanitation

  9  repairs or improvements which are required by federal, state,

10  or local regulation or code, or lifesafety or security-related

11  repairs or improvements to such housing. A loan for a

12  lifesafety, building preservation, health, sanitation, or

13  security-related repair or improvement may not exceed $200,000

14  per housing community for the elderly.  In order to receive

15  the loan, the sponsor of the housing community for the elderly

16  must make a commitment to match at least 15 percent of the

17  loan amount to pay the cost of such repair or improvement.

18  The corporation agency shall establish the rate of interest on

19  the loan, which may not exceed 3 percent, and the term of the

20  loan, which may not exceed 15 years.  The term of the loan

21  shall be established on the basis of a credit analysis of the

22  applicant. The corporation agency shall establish, by rule,

23  the procedure and criteria for receiving, evaluating, and

24  competitively ranking all applications for loans under this

25  subparagraph.  A loan application must include evidence of the

26  first mortgagee's having reviewed and approved the sponsor's

27  intent to apply for a loan.  A nonprofit organization or

28  sponsor may not use the proceeds of a loan received pursuant

29  to this subparagraph to pay for administrative costs, routine

30  maintenance, or new construction.

31         (4)  Loans shall be in an amount not to exceed the

                                  45
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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  lesser of 25 percent of the total project cost or the minimum

  2  amount required to make the project economically feasible;

  3  however, loans exceeding 25 percent of project cost may be

  4  made as provided in s. 420.507.

  5         (5)  The amount of the mortgage provided under this

  6  program combined with any other mortgage in a superior

  7  position shall be less than the value of the project without

  8  the housing set-aside required by subsection (2).

  9         (6)  On all state apartment incentive loans, except

10  loans made to housing communities for the elderly to provide

11  for lifesafety, building preservation, health, sanitation, or

12  security-related repairs or improvements, the following

13  provisions shall apply:

14         (a)  The corporation agency shall establish two

15  interest rates in accordance with s. 420.507(22)(a)1. and 2.

16         (b)  The corporation agency shall publish a notice of

17  fund availability in a publication of general circulation

18  throughout the state. Such notice shall be published at least

19  60 days prior to the application deadline and shall provide

20  notice of the temporary reservations of funds established in

21  subsection (3).

22         (c)  In consultation with the department, The

23  corporation agency shall provide by rule for the establishment

24  of a review committee composed of the department and

25  corporation agency staff and shall establish by rule a scoring

26  system for evaluation and competitive ranking of applications

27  submitted in this program, including, but not limited to, the

28  following criteria:

29         1.  Tenant income and demographic targeting objectives

30  of the corporation agency.

31         2.  Targeting objectives of the corporation agency

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  which will ensure an equitable distribution of loans between

  2  rural and urban areas.

  3         3.  Sponsor's agreement to reserve the units for

  4  persons or families who have incomes below 50 percent of the

  5  state or local median income, whichever is higher, for a time

  6  period to exceed the minimum required by federal law or the

  7  provisions of this part.

  8         4.  Sponsor's agreement to reserve more than:

  9         a.  Twenty percent of the units in the project for

10  persons or families who have incomes that do not exceed 50

11  percent of the state or local median income, whichever is

12  higher; or

13         b.  Forty percent of the units in the project for

14  persons or families who have incomes that do not exceed 60

15  percent of the state or local median income, whichever is

16  higher, without requiring a greater amount of the loans as

17  provided in this section.

18         5.  Provision for tenant counseling.

19         6.  Sponsor's agreement to accept rental assistance

20  certificates or vouchers as payment for rent; however, when

21  certificates or vouchers are accepted as payment for rent on

22  units set aside pursuant to subsection (2), the benefit must

23  be divided between the corporation agency and the sponsor, as

24  provided by corporation agency rule.

25         7.  Projects requiring the least amount of a state

26  apartment incentive loan compared to overall project cost.

27         8.  Local government contributions and local government

28  comprehensive planning and activities that promote affordable

29  housing.

30         9.  Project feasibility.

31         10.  Economic viability of the project.

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         11.  Commitment of first mortgage financing.

  2         12.  Sponsor's prior experience.

  3         13.  Sponsor's ability to proceed with construction.

  4         14.  Projects that directly implement or assist

  5  welfare-to-work transitioning.

  6         (d)  The corporation agency may reject any and all

  7  applications.

  8         (e)  The corporation agency may approve and reject

  9  applications for the purpose of achieving geographic

10  targeting.

11         (f)  The review committee established by corporation

12  agency rule pursuant to this subsection shall make

13  recommendations to the board of directors of the corporation

14  Housing Finance Agency Board regarding program participation

15  under the State Apartment Incentive Loan Program.  The

16  corporation agency board shall make the final ranking and the

17  decisions regarding which applicants shall become program

18  participants based on the scores received in the competitive

19  ranking, further review of applications, and the

20  recommendations of the review committee.  The corporation

21  agency board shall approve or reject applications for loans

22  and shall determine the tentative loan amount available to

23  each applicant selected for participation in the program.  The

24  actual loan amount shall be determined pursuant to rule

25  adopted pursuant to s. 420.507(22)(f).

26         (g)  The loan term shall be for a period of not more

27  than 15 years; however, if both a program loan and federal

28  low-income housing tax credits are to be used to assist a

29  project, the corporation agency may set the loan term for a

30  period commensurate with the investment requirements

31  associated with the tax credit syndication.  The term of the

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    Bill No. SB 2436

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  1  loan may also exceed 15 years if necessary to conform to

  2  requirements of the Federal National Mortgage Association.

  3  The corporation agency may renegotiate and extend the loan in

  4  order to extend the availability of housing for the targeted

  5  population.  The term of a loan may not extend beyond the

  6  period for which the sponsor agrees to provide the housing

  7  set-aside required by subsection (2).

  8         (h)  The loan shall be subject to sale, transfer, or

  9  refinancing. However, all requirements and conditions of the

10  loan shall remain following sale, transfer, or refinancing.

11         (i)  The discrimination provisions of s. 420.516 shall

12  apply to all loans.

13         (j)  The corporation agency may require units dedicated

14  for the elderly.

15         (k)  Rent controls shall not be allowed on any project

16  except as required in conjunction with the issuance of

17  tax-exempt bonds or federal low-income housing tax credits.

18         (l)  The proceeds of all loans shall be used for new

19  construction or substantial rehabilitation which creates

20  affordable, safe, and sanitary housing units.

21         (m)  Sponsors shall annually certify the adjusted gross

22  income of all persons or families qualified under subsection

23  (2) at the time of initial occupancy, who are residing in a

24  project funded by this program.  All persons or families

25  qualified under subsection (2) may continue to qualify under

26  subsection (2) in a project funded by this program if the

27  adjusted gross income of those persons or families at the time

28  of annual recertification meets the requirements established

29  in s. 142(d)(3)(B) of the Internal Revenue Code of 1986, as

30  amended.  If the annual recertification of persons or families

31  qualifying under subsection (2) results in noncompliance with

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  income occupancy requirements, the next available unit must be

  2  rented to a person or family qualifying under subsection (2)

  3  in order to ensure continuing compliance of the project.

  4         (n)  Upon submission and approval of a marketing plan

  5  which demonstrates a good faith effort of a sponsor to rent a

  6  unit or units to persons or families reserved under subsection

  7  (3) and qualified under subsection (2), the sponsor may rent

  8  such unit or units to any person or family qualified under

  9  subsection (2) notwithstanding the reservation.

10         (o)  Sponsors may participate in federal mortgage

11  insurance programs and must abide by the requirements of those

12  programs.  If a conflict occurs between the requirements of

13  federal mortgage insurance programs and the requirements of

14  this section, the requirements of federal mortgage insurance

15  programs shall take precedence.

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

17  corporation with a qualified public depository meeting the

18  requirements of chapter 280 established in the State Treasury

19  a separate trust fund to be named the "State Apartment

20  Incentive Loan Trust Fund," which shall be administered by the

21  corporation agency according to the provisions of this

22  program. Any amounts held in the State Apartment Incentive

23  Loan Trust Fund for such purpose as of January 1, 1998, must

24  be transferred to the corporation for deposit in the State

25  Apartment Incentive Loan Fund and the State Apartment

26  Incentive Loan Trust Fund must be closed. There shall be

27  deposited into the fund moneys from the State Housing Trust

28  Fund as created by s. 420.0005, or moneys received from any

29  other source, for the purpose of this program and all proceeds

30  derived from the use of such moneys.  In addition, all loan

31  repayments, proceeds from the sale of any property, and any

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    Bill No. SB 2436

    Amendment No.    





  1  other proceeds that would otherwise accrue pursuant to the

  2  activities conducted under the provisions of the State

  3  Apartment Incentive Loan Program shall be deposited in the

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

  5  Expenditures from the State Apartment Incentive Loan Fund

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

  7  budget request or be subject to appropriation by the

  8  Legislature.  If a loan commitment for program funds is

  9  entered into during the state fiscal year for which the

10  program funds were appropriated, the funds shall continue to

11  be made available for use during the entire construction

12  period, even if it extends beyond the fiscal year in which the

13  loan commitment was entered.  The budget amendment process

14  created in s. 216.181 shall be used to make funds available

15  throughout the construction period.

16         (8)  If a default on a loan occurs, the corporation

17  agency may foreclose on any mortgage or security interest or

18  commence any legal action to protect the interest of the

19  corporation agency or the fund and recover the amount of the

20  unpaid principal, accrued interest, and fees on behalf of the

21  fund.  The corporation agency may acquire real and personal

22  property or any interest therein when that acquisition is

23  necessary or appropriate to protect any loan; to sell,

24  transfer, and convey any such property to a buyer without

25  regard to the provisions of chapters 253 and 270; and, if that

26  sale, transfer, or conveyance cannot be effected within a

27  reasonable time, to lease such property for occupancy by

28  eligible persons.  All sums recovered from the sale, transfer,

29  conveyance, or lease of such property shall be deposited into

30  the State Apartment Incentive Loan Trust Fund.  The budget

31  amendment process created in s. 216.181 shall be used to make

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  funds available for the loan loss insurance reserve authorized

  2  in s. 420.507.

  3         Section 14.  Section 420.5088, Florida Statutes, is

  4  amended to read:

  5         420.5088  Florida Homeownership Assistance

  6  Program.--There is created the Florida Homeownership

  7  Assistance Program for the purpose of assisting low-income

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

  9  with below-market construction financing, by reducing the

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

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

12  reducing the monthly payment to an affordable amount for the

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

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

15  at closing if the property is sold or transferred.

16         (1)  For loans made available pursuant to s.

17  420.507(23)(a)1. or 2.:

18         (a)  The corporation agency may underwrite and make

19  those mortgage loans through the program to persons or

20  families who are eligible to participate in the corporation's

21  agency's single-family mortgage revenue bond programs and who

22  have incomes that do not exceed 80 percent of the state or

23  local median income, whichever is greater, adjusted for family

24  size.  If the corporation agency determines that there is

25  insufficient demand for such loans by persons or families who

26  are eligible to participate in the corporation's agency's

27  single-family mortgage revenue bond programs, the corporation

28  agency may make such mortgage loans to other persons or

29  families who have incomes that do not exceed 80 percent of the

30  state or local median income, whichever amount is greater.

31         (b)  Loans shall be made available for the term of the

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    Amendment No.    





  1  first mortgage.

  2         (c)  Loans are limited to the lesser of 25 percent of

  3  the purchase price of the home or the amount necessary to

  4  enable the purchaser to meet credit underwriting criteria.

  5         (2)  For loans made pursuant to s. 420.507(23)(a)3.:

  6         (a)  Availability is limited to nonprofit sponsors or

  7  developers who are selected for program participation pursuant

  8  to this subsection.

  9         (b)  Preference must be given to community development

10  corporations as defined in s. 290.033 and to community-based

11  organizations as defined in s. 420.503.

12         (c)  Priority must be given to projects that have

13  received state assistance in funding project predevelopment

14  costs.

15         (d)  The benefits of making such loans shall be

16  contractually provided to the persons or families purchasing

17  homes financed under this subsection.

18         (e)  At least 30 percent of the units in a project

19  financed pursuant to this subsection must be sold to persons

20  or families who have incomes that do not exceed 80 percent of

21  the state or local median income, whichever amount is greater,

22  adjusted for family size; and at least another 30 percent of

23  the units in a project financed pursuant to this subsection

24  must be sold to persons or families who have incomes that do

25  not exceed 50 percent of the state or local median income,

26  whichever amount is greater, adjusted for family size.

27         (f)  The maximum loan amount may not exceed 33 percent

28  of the total project cost.

29         (g)  A person who purchases a home in a project

30  financed under this subsection is eligible for a loan

31  authorized by s. 420.507(23)(a)1. or 2. in an aggregate amount

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    Bill No. SB 2436

    Amendment No.    





  1  not exceeding the construction loan made pursuant to this

  2  subsection.  The home purchaser must meet all the requirements

  3  for loan recipients established pursuant to the applicable

  4  loan program.

  5         (h)  The corporation agency shall provide, by rule, for

  6  the establishment of a review committee composed of

  7  corporation department and agency staff and shall establish,

  8  by rule, a scoring system for evaluating and ranking

  9  applications submitted for construction loans under this

10  subsection, including, but not limited to, the following

11  criteria:

12         1.  The affordability of the housing proposed to be

13  built.

14         2.  The direct benefits of the assistance to the

15  persons who will reside in the proposed housing.

16         3.  The demonstrated capacity of the applicant to carry

17  out the proposal, including the experience of the development

18  team.

19         4.  The economic feasibility of the proposal.

20         5.  The extent to which the applicant demonstrates

21  potential cost savings by combining the benefits of different

22  governmental programs and private initiatives, including the

23  local government contributions and local government

24  comprehensive planning and activities that promote affordable

25  housing.

26         6.  The use of the least amount of program loan funds

27  compared to overall project cost.

28         7.  The provision of homeownership counseling.

29         8.  The applicant's agreement to exceed the

30  requirements of paragraph (e).

31         9.  The commitment of first mortgage financing for the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  balance of the construction loan and for the permanent loans

  2  to the purchasers of the housing.

  3         10.  The applicant's ability to proceed with

  4  construction.

  5         11.  The targeting objectives of the corporation agency

  6  which will ensure an equitable distribution of loans between

  7  rural and urban areas.

  8         12.  The extent to which the proposal will further the

  9  purposes of this program.

10         (i)  The corporation agency may reject any and all

11  applications.

12         (j)  The review committee established by corporation

13  agency rule pursuant to this subsection shall make

14  recommendations to the corporation agency board regarding

15  program participation under this subsection. The corporation

16  agency board shall make the final ranking for participation

17  based on the scores received in the ranking, further review of

18  the applications, and the recommendations of the review

19  committee. The corporation agency board shall approve or

20  reject applicants for loans and shall determine the tentative

21  loan amount available to each program participant. The final

22  loan amount shall be determined pursuant to rule adopted under

23  s. 420.507(23)(h).

24         (3)  The corporation agency shall publish a notice of

25  fund availability in a publication of general circulation

26  throughout the state at least 60 days prior to the anticipated

27  availability of funds.

28         (4)  During the first 9 months of each fiscal year:

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





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

  2  and

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

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

  5

  6  If the application of these percentages would cause the

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

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

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

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

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

12  paragraph (c).

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

14  corporation with a qualified public depository meeting the

15  requirements of chapter 280 in the State Treasury the Florida

16  Homeownership Assistance Trust Fund to be administered by the

17  corporation agency according to the provisions of this

18  program. Any amounts held in the Florida Homeownership

19  Assistance Trust Fund for such purposes as of January 1, 1998,

20  must be transferred to the corporation for deposit in the

21  Florida Homeownership Assistance Fund, whereupon the Florida

22  Homeownership Assistance Trust Fund must be closed. There

23  shall be deposited in the fund moneys from the State Housing

24  Trust Fund created by s. 420.0005, or moneys received from any

25  other source, for the purpose of this program and all proceeds

26  derived from the use of such moneys.  In addition, all

27  unencumbered funds, loan repayments, proceeds from the sale of

28  any property, existing funds remaining in the Affordable

29  Housing Demonstration Loan Program and the Affordable Housing

30  Trust Fund, and any other proceeds that would otherwise accrue

31  pursuant to the activities of the programs described in this

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    Bill No. SB 2436

    Amendment No.    





  1  section funded by the Affordable Housing Trust Fund shall be

  2  transferred to this fund.  In addition, all loan repayments,

  3  proceeds from the sale of any property, and any other proceeds

  4  that would otherwise accrue pursuant to the activities

  5  conducted under the provisions of the Florida Homeownership

  6  Assistance Program shall be deposited in the fund and shall

  7  not revert to the General Revenue Fund. Expenditures from the

  8  Florida Homeownership Assistance Fund shall not be required to

  9  be included in the corporation's budget request or be subject

10  to appropriation by the Legislature.

11         (6)  No more than one-fifth of the funds available in

12  the Florida Homeownership Assistance Trust Fund may be made

13  available to provide loan loss insurance reserve funds to

14  facilitate homeownership for eligible persons or families

15  whose incomes do not exceed 120 percent of the state median

16  income or local median income, whichever amount is higher.

17         Section 15.  Section 420.5089, Florida Statutes, is

18  amended to read:

19         420.5089  HOME Investment Partnership Program; HOME

20  trust fund.--

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

22  corporation with a qualified public depository meeting the

23  requirements of chapter 280 in the State Treasury the HOME

24  Investment Partnership Trust Fund, which shall be administered

25  by the corporation agency according to the provisions of the

26  HOME Investment Partnership Program which is hereby created.

27  Any amounts held in the HOME Partnership Trust Fund for such

28  purposes as of January 1, 1998, must be transferred to the

29  corporation for deposit in the HOME Investment Partnership

30  Fund, whereupon the HOME Partnership Trust Fund must be

31  closed. There shall be deposited into the fund moneys from the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  State Housing Trust Fund or moneys received from any other

  2  source for the purpose of this program, and all proceeds

  3  derived from the use of such moneys.  In addition, all loan

  4  repayments, proceeds from the sale of any property, and any

  5  other proceeds that would otherwise accrue pursuant to the

  6  activities conducted under the provisions of the HOME

  7  Investment Partnership Program shall be deposited into the

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

  9  Expenditures from the HOME Investment Partnership Fund shall

10  not be required to be included in the corporation's budget

11  request or be subject to appropriation by the Legislature.  If

12  a loan commitment for program funds is entered into during the

13  state fiscal year for which the program funds were

14  appropriated, the funds shall continue to be made available

15  for use during the entire construction period of any project

16  financed by the program, even if it extends beyond the fiscal

17  year in which the loan commitment was entered.  The budget

18  amendment process created in s. 216.181 shall be used to make

19  funds available throughout the construction period.

20         (2)  The corporation agency shall make loans available

21  to eligible housing providers or home buyers on the basis of

22  the competitive selection process established in subsections

23  (5) and (6) and as described by corporation program rules

24  agency rule. Such process must incorporate and provide

25  incentives for welfare-to-work transitioning in coordination

26  with applicable state and federal programs. However, in the

27  first year of this program, the secretary of the department,

28  with the advice and consent of the agency board, may select

29  demonstration pilot programs. Pilot programs shall be

30  monitored by the agency for compliance with program

31  requirements and evaluated to determine what modifications

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  might need to be made to the administration of the HOME

  2  Partnership Program in following years. Selection of pilot

  3  programs shall be based upon the following criteria:

  4         (a)  Existence of a working local partnership.

  5         (b)  Geographic distribution of the demonstration areas

  6  throughout the state to include both urban and rural counties

  7  of varying sizes and populations.

  8         (c)  Need and demand for affordable housing stock.

  9         (d)  Conformance to strategies enumerated in the

10  state's Comprehensive Housing Affordability Strategy.

11         (3)  The corporation may make loans to home buyers in

12  connection with the corporation's single family mortgage

13  revenue bond program on the basis of "first come-first served"

14  or as described in the program rule.

15         (4)  The corporation's board of directors may approve

16  projects located in a state or federally declared disaster

17  area or demonstration projects based on selection criteria as

18  approved by the board of directors. In addition, as approved

19  by the corporation's board of directors, disaster projects or

20  demonstration projects may be granted or provided a HOME loan

21  with forgivable terms.

22         (5)(3)  Loans made under this program shall be made

23  used for eligible applicants and activities as enumerated in

24  24 C.F.R. part 92, and as enumerated in the program rule

25  approved by the corporation's board of directors. including

26  acquisition, moderate and substantial rehabilitation, new

27  construction, site improvement, demolition and relocation

28  expenses, and rental assistance.  Loans shall be made

29  available directly to eligible housing providers for eligible

30  activities relating to rental or homeownership projects the

31  intended beneficiaries of which meet income guidelines and

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  rent and sales price limits specified by agency rule.

  2         (4)  All loans must be matched with local funds as

  3  specified in 24 C.F.R. part 92 and agency rule and must be

  4  limited to the amount needed to make the project economically

  5  feasible.

  6         (6)(5)  Applications for loans under any competitive

  7  scoring process established by program rule must made under

  8  this program shall be approved scored and ranked by a review

  9  committee established by corporation agency rule which shall

10  analyze factors, including, but not limited to, the following:

11         (a)  Tenant and homeowner income and Demographic

12  targeting objectives of the corporation agency.

13         (b)  Corporation Agency portfolio diversification.

14         (c)  Developer's agreement to make more than a minimum

15  number of units in the project available for the targeted

16  group.

17         (c)(d)  Developer's agreement to make units for the

18  targeted group available for more than the minimum period

19  required by rule.

20         (e)  Incorporation of the proposed housing within a

21  coordinated community or neighborhood development strategy.

22         (d)(f)  Leveraging of HOME funds.

23         (e)  Local match funds.

24         (f)(g)  The project's feasibility and long-term

25  economic viability.

26         (g)(h)  Demonstrated capacity of the proposed project's

27  development team.

28         (h)(i)  Conformance with the consolidated plan

29  comprehensive housing affordability strategy for the state and

30  area in which the proposed project will be located.

31         (j)  Evidence that the proposed project will be part of

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    Bill No. SB 2436

    Amendment No.    





  1  a comprehensive neighborhood strategy designed to offer

  2  full-service support to residents.

  3         (i)(k)  Other factors determined and approved by the

  4  corporation's board of directors from the evaluation of the

  5  first demonstration projects.

  6         (7)(6)  The review committee established by corporation

  7  agency rule pursuant to this subsection shall make

  8  recommendations to the corporation Florida Housing Finance

  9  Agency board regarding program participation.  The corporation

10  agency board shall approve make the final ranking and decide

11  which applicants become program participants based on the

12  scores received in the ranking., further review of the

13  applications, and the recommendations of the review committee.

14  The agency board shall approve or reject applications for

15  loans and shall determine the tentative loan amount available

16  to each applicant selected for participation in the program.

17  The actual loan amount shall be determined pursuant to rule

18  and the Notice of Funding Availability (NOFA).

19         (8)(7)  The loan term shall be for a minimum period

20  equal to the affordability period as stated in 24 C.F.R. part

21  92 or 15 years for rental rehabilitations and 20 years for

22  rental or homeownership new construction loans. period of not

23  more than 15 years for rental projects and 5 years for

24  homeownership construction or rehabilitation loans.  However,

25  if both a program loan and federal low-income housing tax

26  credits are to be used to assist a project, the agency may set

27  the loan term for a period commensurate with the investment

28  requirements associated with the tax credit syndication. The

29  corporation agency may renegotiate and extend the loan in

30  order to extend the availability of housing for the targeted

31  population.  The term of a loan may not extend beyond the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  period for which the sponsor agrees to set aside units for the

  2  target population.

  3         (9)(8)  If a default on a loan occurs, the corporation

  4  agency may cause a foreclosure foreclose on any mortgage or

  5  security interest or commence any legal action to protect the

  6  interest of the corporation agency or the fund and recover the

  7  amount of the unpaid principal, accrued interest, and fees on

  8  behalf of the fund.  The corporation agency may acquire real

  9  and personal property or any interest in the property if that

10  acquisition is necessary to protect any loan; sell, transfer,

11  and convey any such property to a buyer without regard to the

12  provisions of chapters 253 and 270; and, if that sale,

13  transfer, or conveyance cannot be effected within a reasonable

14  time, lease such property for occupancy by eligible persons.

15         (10)(9)  All sums recovered from the sale, transfer,

16  conveyance, or lease of such property shall be deposited into

17  the HOME Investment Partnership Trust Fund.

18         (11)(10)  The corporation agency shall monitor all

19  projects funded under this section to ensure compliance with

20  federal and state requirements.  The corporation agency may

21  inspect such projects or records pertaining to those projects

22  at any reasonable time.

23         Section 16.  Section 420.509, Florida Statutes, is

24  amended to read:

25         420.509  Bonds; purpose, terms, approval,

26  limitations.--

27         (1)  The issuance of revenue bonds, as defined in this

28  part, to provide sufficient funds to achieve the purposes of

29  this part; pay interest on bonds; pay expenses incident to the

30  issuance and sale of any bond issued pursuant to this part,

31  including costs of validating, printing, and delivering the

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    Bill No. SB 2436

    Amendment No.    





  1  bonds, printing the official statement, publishing notices of

  2  sale of the bonds, and related administrative expenses; and

  3  pay all other capital expenditures of the corporation agency

  4  incident to and necessary or convenient to carry out the

  5  purposes and powers granted by this part is authorized,

  6  subject and pursuant to the provisions of s. 16, Art. VII of

  7  the State Constitution and the applicable provisions of this

  8  chapter and of the State Bond Act. The provisions of ss.

  9  215.57-215.83 shall not be applicable to the corporation.

10  Revenue bonds, as so defined, shall be payable solely from

11  pledged revenues and shall not be secured by the full faith

12  and credit of the state.

13         (2)  The State Board of Administration is designated as

14  the state fiscal agency to make the determinations required by

15  s. 16, Art. VII of the State Constitution in connection with

16  the issuance of such bonds that in no state fiscal year will

17  the debt service requirements of the bonds proposed to be

18  issued and all other bonds secured by the same pledged

19  revenues exceed the pledged revenues available for such debt

20  service requirements. The State Board of Administration may

21  delegate to its executive director the authority and power to

22  perform that function without further review of the agency.

23  The determinations pursuant to this paragraph are limited to a

24  review of the matters essential to making the determinations

25  required by s. 16, Art. VII of the State Constitution. The

26  executive director shall report annually to the State Board of

27  Administration and the Legislature regarding the number of

28  bond issues considered and the determination with respect

29  thereto.

30         (3)  All such bonds shall be issued by the corporation

31  on behalf of the state on behalf of the agency and in the name

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  1  of the agency by the Division of Bond Finance from time to

  2  time, as provided by the State Bond Act, with a term of not

  3  more than 45 years, and except as otherwise provided herein,

  4  in such principal amounts as shall be necessary to provide

  5  sufficient funds to achieve the purposes of the corporation

  6  agency in carrying out this part and purposes incident

  7  thereto.

  8         (4)  Bonds of the corporation may:

  9         (a)  Bear interest at a rate or rates not exceeding the

10  interest rate limitation set forth in s. 215.84(3), unless the

11  State Board of Administration authorizes an interest rate in

12  excess of such maximum;

13         (b)  Have such provisions for payment at maturity and

14  redemption before maturity at such time or times and at such

15  price or prices; and

16         (c)  Be payable at such place or places within or

17  without the state as the board determines by resolution.

18         (5)  The bonds may be signed by the officers of the

19  corporation as is provided for by resolution of the board. The

20  signatures may be manual or facsimile signatures as

21  established by the board. In case any officer whose signature

22  or a facsimile of whose signature appears on any bonds ceases

23  to be an officer before delivery of bonds, the signature or

24  facsimile signature is nevertheless valid and sufficient for

25  all purposes as fully and to the same extent as if he or she

26  had remained in office until the delivery.

27         (6)  All bonds issued under the provisions of this act

28  are declared to be negotiable instruments under the Uniform

29  Commercial Code - Investment Securities Law of the state.

30         (7)  Bonds of the corporation may not be issued unless

31  the face or reverse thereof contains a certificate, executed

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  1  either manually or with a facsimile signature by the secretary

  2  of the board, to the effect that the issuance of the bonds has

  3  been approved under this act by the board. The certificate is

  4  conclusive evidence as to approval of the issuance of the

  5  bonds by the corporation and that the requirements of this act

  6  and all of the laws relating to the bonds have been complied

  7  with.

  8         (8)  The corporation has the authority to issue bond

  9  anticipation notes in anticipation of the receipt of the

10  proceeds of the bonds in the same manner and subject to the

11  same limitations and conditions as provided by s. 215.431. The

12  rights and remedies of the holders of the notes are the same

13  rights and remedies they would have if they were the holders

14  of the definitive bonds in anticipation of which they are

15  issued; and all of the covenants, agreements, or other

16  proceedings relating to the definitive bonds in anticipation

17  of which the bond anticipation notes are issued are a part of

18  the proceedings relating to the issuance of the notes as fully

19  and to the same extent as if incorporated verbatim therein.

20         (9)  Before the preparation of definitive bonds, the

21  corporation may issue interim receipts or temporary bonds,

22  exchangeable for definitive bonds when the bonds have been

23  executed and are available for delivery under the terms and

24  conditions the board deems advisable. The board may also

25  provide for the replacement of any bonds that become mutilated

26  or destroyed, stolen, or lost under the terms and conditions

27  the board deems advisable.

28         (4)  There shall be established, from the proceeds of

29  each issue of bonds, a debt service reserve account in an

30  amount at least equal to the greatest amount of principal and

31  interest to become due on such issue in any ensuing state

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  1  fiscal year or an amount at least equal to an average of the

  2  annual principal and interest, all as may be determined by the

  3  Division of Bond Finance; except that a reserve of a lesser

  4  amount may be established if the agency, with the concurrence

  5  of the Division of Bond Finance, determines that such reserve,

  6  if any, will adequately protect the interests of bondholders.

  7         (5)(a)  The provisions of the State Bond Act,

  8  including, without limitation, the definitions contained

  9  therein, shall be applicable to all bonds issued pursuant to

10  this chapter, when not in conflict with the provisions hereof;

11  provided the basis of award of sale of such bonds may be

12  either the net interest cost or the true or effective interest

13  cost, as set forth in the resolution authorizing the sale of

14  such bonds.  In cases of conflict, the provisions of this

15  chapter shall be controlling.

16         (10)(b)  Bonds of the corporation may be validated

17  pursuant to chapter 75. In actions to validate such bonds

18  pursuant to chapter 75, the complaint shall be filed in the

19  Circuit Court of Leon County, the notice required by s. 75.06

20  shall be published only in Leon County and in two newspapers

21  of general circulation in the state, and the complaint and

22  order of the court shall be served only on the state attorney

23  of the Second Judicial Circuit.

24         (11)(6)  Any resolution or resolutions authorizing any

25  bonds issued by the corporation on behalf of the agency may

26  contain provisions, without limitation, which shall be a part

27  of the contract or contracts with the holders thereof, as to:

28         (a)  Pledging all or any part of the income or revenues

29  of the corporation agency to secure the payment of bonds or of

30  any issue thereof, subject to such agreements with holders of

31  bonds as may then exist.

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  1         (b)  Pledging all or any part of the assets of the

  2  corporation agency, including mortgages and obligations

  3  securing the same, to secure the payment of bonds or of any

  4  issue of bonds, subject to such agreements with holders of

  5  bonds as may then exist.

  6         (c)  The use and disposition of the income from

  7  mortgages owned by the corporation agency and payment of the

  8  principal of mortgages owned by the corporation agency.

  9         (d)  The procedure, if any, by which the terms of any

10  contract with holders of bonds may be amended or abrogated,

11  the amount of bonds the holders of which must consent thereto,

12  and the manner in which such consent may be given.

13         (e)  Limitations on the amount of moneys to be expended

14  by the corporation agency for its operating expenses.

15         (f)  Vesting, for the life of the bonds, in a trustee

16  or trustees such property, rights, powers, and duties in trust

17  as the corporation agency may determine, which may include any

18  or all of the rights, powers, and duties of the trustee

19  appointed by the holders of bonds pursuant to this part, and

20  limiting or abrogating the right of holders of bonds to

21  appoint a trustee under this part or limiting the rights,

22  powers, and duties of such trustee.

23         (g)  Defining the acts or omissions to act which shall

24  constitute a default in the obligations and duties of the

25  corporation agency to the holders of bonds in providing for

26  the rights and remedies of holders of bonds in the event of

27  such default, including, as a matter of right, the appointment

28  of a receiver; provided such rights and remedies shall not be

29  inconsistent with the general laws of the state and the other

30  provisions of this part.

31         (h)  Any other matters, of like or different character,

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  1  which in any way affect the security or protection of holders

  2  of bonds.

  3         (12)(7)(a)  The bonds issued by on behalf of the

  4  corporation agency shall be sold at public sale in the manner

  5  provided by s. 215.68 the State Bond Act. However, if the

  6  corporation agency shall by official action at a public

  7  meeting determine that a negotiated sale of the bonds is in

  8  the best interest of the corporation agency, the corporation

  9  division may negotiate for sale of the bonds to, or the

10  placement of bonds through, the underwriter or underwriters

11  designated by the corporation agency. In the official action

12  authorizing the negotiated sale, the corporation agency shall

13  provide specific findings as to the reasons for the negotiated

14  sale.  The reasons shall include, but shall not be limited to,

15  characteristics of the bond issue and prevailing market

16  conditions that necessitate a negotiated sale.  In the event

17  the corporation agency decides to negotiate for a sale of

18  bonds, the managing underwriter, or financial consultant or

19  adviser, if applicable, shall provide to the corporation

20  agency or division, prior to the award of bonds to the

21  managing underwriter, a disclosure statement containing the

22  following information:

23         1.  An itemized list setting forth the nature and

24  estimated amounts of expenses to be incurred by the managing

25  underwriter in connection with the issuance of such bonds.

26  Notwithstanding the foregoing, any such list may include an

27  item for miscellaneous expenses, provided it includes only

28  minor items of expense which cannot be easily categorized

29  elsewhere in the statement.

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

31  compensation of any finders connected with the issuance of the

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  1  bonds.

  2         3.  The amount of underwriting spread expected to be

  3  realized.

  4         4.  Any management fee charged by the managing

  5  underwriter.

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

  7  be paid by the managing underwriter in connection with the

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

  9  it.

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

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

12         7.  Any other disclosure that which the corporation

13  agency or division may require.

14

15  This paragraph is not intended to restrict or prohibit the

16  employment of professional services relating to bonds issued

17  under this chapter or the issuance of bonds by the agency or

18  division under any other chapter.

19         (b)  In the event an offer of an issue of bonds at

20  public sale produces no bid, or in the event all bids received

21  are rejected, the corporation division is authorized to

22  negotiate for the sale of the bonds under such rates and terms

23  as are acceptable; provided that no bonds shall be so sold or

24  delivered on terms less favorable than the terms contained in

25  any bids rejected at the public sale thereof or, if no bids

26  were received at such public sale, the terms contained in the

27  notice of public sale.

28         (c)  The failure of the corporation agency or division

29  to comply with one or more provisions of this section shall

30  not affect the validity of the bond issue; however, upon such

31  failure to comply, the agency shall sell all future bonds only

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  1  at public sale as provided for herein, except as provided in

  2  paragraph (b).

  3         (13)(8)(a)  No underwriter, commercial bank, investment

  4  banker, or financial consultant or adviser shall pay any

  5  finder any bonus, fee, or gratuity in connection with the sale

  6  of general obligation bonds or revenue bonds issued by the

  7  corporation agency unless full disclosure is made to the

  8  corporation agency prior to or concurrently with the

  9  submission of a purchase proposal for bonds by the

10  underwriter, commercial bank, investment banker, or financial

11  consultant or adviser and is made subsequently in the official

12  statement or offering circular, if any, detailing the name and

13  address of any finder and the amount of bonus, fee, or

14  gratuity paid to such finder.

15         (b)  The willful violation of this subsection is a

16  felony of the third degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         (c)  No violation of this subsection shall affect the

19  validity of the bond issue.

20         (14)(9)  As used in this section, the term "finder"

21  means a person who is neither regularly employed by, nor a

22  partner or officer of, an underwriter, bank, banker, or

23  financial consultant or adviser and who enters into an

24  understanding with either the issuer or the managing

25  underwriter, or both, for any paid or promised compensation or

26  valuable consideration, directly or indirectly, expressly or

27  impliedly, to act solely as an intermediary between such

28  issuer and managing underwriter for the purpose of influencing

29  any transaction in the purchase of such bonds.

30         (15)(10)  All bonds issued by on behalf of the

31  corporation agency shall state on the face thereof that they

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  1  are payable, both as to principal and interest, solely out of

  2  the assets of the corporation agency and do not constitute an

  3  obligation, either general or special, of the state or of any

  4  local government.

  5         (16)(11)  All bonds issued by on behalf of the

  6  corporation agency are hereby declared to have all the

  7  qualities and incidents of negotiable instruments under the

  8  applicable laws of the state.

  9         (17)(12)  It is the intention of the Legislature that

10  any pledge of earnings, revenues, or other moneys made by the

11  corporation agency shall be valid and binding from the time

12  when the pledge is made; that the earnings, revenues, or other

13  moneys so pledged and thereafter received by the corporation

14  agency shall immediately be subject to the lien of that pledge

15  without any physical delivery thereof or further act; and that

16  the lien of the pledge shall be valid and binding as against

17  the corporation agency irrespective of whether the parties

18  have notice thereof.  Neither the resolution nor any other

19  instrument by which a pledge is created need be recorded or

20  filed pursuant to the Uniform Commercial Code.

21         (18)(13)  Neither the members of the corporation agency

22  nor any person executing the bonds of the corporation agency

23  shall be liable personally on the bonds or be subject to any

24  personal liability or accountability by reason of the issuance

25  thereof.

26         (19)(14)  If the proceeds of an issue of revenue bonds

27  the interest on which is not exempt from federal taxation are

28  used to finance a project, 20 percent of the tenants of the

29  project must have annual income under 80 percent of the state

30  or county median income, whichever is higher.

31         Section 17.  Section 420.5091, Florida Statutes, is

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  1  amended to read:

  2         420.5091  HOPE Program.--

  3         (1)  The corporation agency may adopt rules to

  4  implement the HOPE Program, created by the 1990 National

  5  Affordable Housing Act, to make loans and grants, foreclose on

  6  any mortgage or security interest, or commence any legal

  7  action to protect the interest of the corporation agency and

  8  recover the amount of the unpaid principal, accrued interest,

  9  and fees.  The corporation agency may acquire real and

10  personal property or any interest in the property if that

11  acquisition is necessary to protect any loan; sell, transfer,

12  and convey any such property to a buyer without regard to the

13  provisions of chapters 253 and 270; and, if that sale,

14  transfer, or conveyance cannot be effected within a reasonable

15  time, lease such property for occupancy by eligible persons.

16  All sums recovered from the sale, transfer, conveyance, or

17  lease of such property shall be deposited into the HOME

18  Investment Partnership Trust Fund.

19         (2)  The corporation agency shall monitor all projects

20  funded under this section to ensure compliance with federal

21  and state requirements.  The corporation agency may inspect

22  such projects or records pertaining to those projects at any

23  reasonable time.

24         Section 18.  Section 420.5092, Florida Statutes, 1996

25  Supplement, is amended to read:

26         420.5092  Florida Affordable Housing Guarantee

27  Program.--

28         (1)  There is created the Florida Affordable Housing

29  Guarantee Program for the purposes of:

30         (a)  Stimulating creative private sector lending

31  activities to increase the supply and lower the cost of

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  1  financing or refinancing eligible housing;

  2         (b)  Creating security mechanisms to allow lenders to

  3  sell affordable housing loans in the secondary market; and

  4         (c)  Encouraging affordable housing lending activities

  5  that would not have taken place or that serve persons who

  6  would not have been served but for the creation of this

  7  program.

  8         (2)  As used in this section, the term:

  9         (a)  "Affordable housing guarantee" means an obligation

10  of the guarantee fund to guarantee the payment of an

11  obligation made to finance or refinance the purchase,

12  construction, or rehabilitation of eligible housing.

13         (b)  "Agency" means the Florida Housing Finance Agency.

14         (b)(c)  "Annual debt service reserve" means the reserve

15  maintained in the guarantee fund in an amount equal to the

16  maximum reserve amount for each series of revenue bonds issued

17  to establish the guarantee fund.

18         (c)  "Corporation" means the Florida Housing Finance

19  Corporation.

20         (d)  "Eligible housing" means any real and personal

21  property designed and intended for the primary purpose of

22  providing decent, safe, and sanitary residential units for

23  homeownership or rental for eligible persons as determined by

24  the corporation agency pursuant to rule.

25         (e)  "Guarantee fund" means the Affordable Housing

26  Guarantee Fund created and established with proceeds of

27  revenue bonds issued by the corporation or its predecessor

28  agency pursuant to this section to implement the Florida

29  Affordable Housing Guarantee Program.

30         (f)  "Maximum reserve amount" means, for each series of

31  outstanding revenue bonds issued to establish the guarantee

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  1  fund, the largest aggregate amount of annual principal

  2  installments and interest payments becoming due in any state

  3  fiscal year in which the revenue bonds are outstanding.

  4         (3)  Amounts on deposit in the State Housing Trust Fund

  5  may also be used to support the Florida Affordable Housing

  6  Guarantee Program.  Such use, if any, is in addition to those

  7  purposes for which the State Housing Trust Fund was created,

  8  and such moneys shall be obligated and committed in accordance

  9  with the corporation agency certification provided for in

10  subsection (6).

11         (4)  The corporation agency may, by rule, establish

12  rates and fees for the issuance of an affordable housing

13  guarantee, including contractual provisions to foster

14  reimbursement, in the event of default, to the guarantee fund

15  of payments made pursuant to an affordable housing guarantee

16  issued for eligible housing.

17         (5)  Pursuant to s. 16, Art. VII of the State

18  Constitution, the corporation agency may issue, in accordance

19  with s. 420.509, revenue bonds of the corporation agency to

20  establish the guarantee fund.  Such revenue bonds shall be

21  primarily payable from and secured by annual debt service

22  reserves, from interest earned on funds on deposit in the

23  guarantee fund, from fees, charges, and reimbursements

24  established by the corporation agency for the issuance of

25  affordable housing guarantees, and from any other revenue

26  sources received by the corporation agency and deposited by

27  the corporation agency into the guarantee fund for the

28  issuance of affordable housing guarantees.  To the extent such

29  primary revenue sources are considered insufficient by the

30  corporation agency, pursuant to the certification provided in

31  subsection (6), to fully fund the annual debt service reserve,

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  1  the certified deficiency in such reserve shall be additionally

  2  payable from the first proceeds of the documentary stamp tax

  3  moneys deposited into the State Housing Trust Fund pursuant to

  4  s. 201.15(6)(a) and (7)(a) during the ensuing state fiscal

  5  year.

  6         (6)(a)  If the primary revenue sources to be used for

  7  repayment of revenue bonds used to establish the guarantee

  8  fund are insufficient for such repayment, the annual principal

  9  and interest due on each series of revenue bonds shall be

10  payable from funds in the annual debt service reserve.  The

11  corporation agency shall, before June 1 of each year, perform

12  a financial audit to determine whether at the end of the state

13  fiscal year there will be on deposit in the guarantee fund an

14  annual debt service reserve from interest earned pursuant to

15  the investment of the guarantee fund, fees, charges, and

16  reimbursements received from issued affordable housing

17  guarantees and other revenue sources available to the

18  corporation agency. Based upon the findings in such guarantee

19  fund financial audit, the corporation agency shall certify to

20  the Comptroller the amount of any projected deficiency in the

21  annual debt service reserve for any series of outstanding

22  bonds as of the end of the state fiscal year and the amount

23  necessary to maintain such annual debt service reserve.  Upon

24  receipt of such certification, the Comptroller shall transfer

25  to the annual debt service reserve, from the first available

26  taxes distributed to the State Housing Trust Fund pursuant to

27  s. 201.15(6)(a) and (7)(a) during the ensuing state fiscal

28  year, the amount certified as necessary to maintain the annual

29  debt service reserve.

30         (b)  If the claims payment obligations under affordable

31  housing guarantees from amounts on deposit in the guarantee

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  1  fund would cause the claims paying rating assigned to the

  2  guarantee fund to be less than the third-highest third highest

  3  rating classification of any nationally recognized rating

  4  service, which classifications being consistent with s.

  5  215.84(3) and rules adopted thereto by the State Board of

  6  Administration, the corporation agency shall certify to the

  7  Comptroller the amount of such claims payment obligations.

  8  Upon receipt of such certification, the Comptroller shall

  9  transfer to the guarantee fund, from the first available taxes

10  distributed to the State Housing Trust Fund pursuant to s.

11  201.15(6)(a) and (7)(a) during the ensuing state fiscal year,

12  the amount certified as necessary to meet such obligations,

13  such transfer to be subordinate to any transfer referenced in

14  paragraph (a) and not to exceed 50 percent of the amounts

15  distributed to the State Housing Trust Fund pursuant to s.

16  201.15(6)(a) and (7)(a) during the preceding state fiscal

17  year.

18         (7)  Funds on deposit in the guarantee fund shall be

19  used as the primary resource to support the performance by the

20  corporation agency of its obligation under an affordable

21  housing guarantee issued by the corporation agency as

22  determined by rule.

23         (8)  Before establishing the fees, charges, and other

24  obligations and conditions for the issuance of an affordable

25  housing guarantee and defining housing eligible to obtain a

26  guarantee, the corporation agency must perform an affordable

27  housing guarantee feasibility study.  Such study must

28  determine the eligible housing for which a guarantee is

29  required for the investment of private capital, the

30  anticipated risk of default for classifications of eligible

31  housing, and the level of fees, charges, and reimbursement

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  1  conditions necessary to establish a financially sound

  2  affordable housing guarantee program that exposes funds

  3  deposited into the guarantee fund to a reasonable or

  4  acceptable level of risk. Revenue bonds may not be issued to

  5  create and establish a guarantee fund until the completion of

  6  an initial financial feasibility study.

  7         (9)  This section does not preclude the use of the

  8  remaining funds in the State Housing Trust Fund.

  9         (10)  Revenue bonds may not be issued to establish and

10  create a guarantee fund until validated pursuant to the

11  provisions of chapter 75.

12         (11)  The maximum total amount of revenue bonds that

13  may be issued by the corporation agency pursuant to subsection

14  (5) is $200 million.

15         Section 19.  Section 420.5099, Florida Statutes, is

16  amended to read:

17         420.5099  Allocation of the low-income housing tax

18  credit.--

19         (1)  The Florida Housing Finance Corporation Agency is

20  designated the housing credit agency for the state within the

21  meaning of s. 42(h)(7)(A) of the Internal Revenue Code of 1986

22  and shall have the responsibility and authority to establish

23  procedures necessary for proper allocation and distribution of

24  low-income housing tax credits and shall exercise all powers

25  necessary to administer the allocation of such credits.

26         (2)  The corporation agency shall adopt allocation

27  procedures that will ensure the maximum use of available tax

28  credits in order to encourage development of low-income

29  housing in the state, taking into consideration the timeliness

30  of the application, the location of the proposed housing

31  project, the relative need in the area for low-income housing

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  1  and the availability of such housing, the economic feasibility

  2  of the project, and the ability of the applicant to proceed to

  3  completion of the project in the calendar year for which the

  4  credit is sought.

  5         (3)  The corporation agency may request such

  6  information from applicants as will enable it to make the

  7  allocations according to the guidelines set forth in

  8  subsection (2), including, but not limited to, the information

  9  required to be provided the corporation agency by chapter

10  9I-21 91-21, Florida Administrative Code.

11         (4)  The executive director of the corporation agency

12  shall administer the allocation procedures and determine

13  allocations on behalf of the corporation agency.  Any

14  applicant disputing the amount of an allocation or the denial

15  of a request for an allocation may request an appeal to the

16  governing board of directors of the corporation agency.

17         (5)  For purposes of implementing this program in

18  Florida, neither the tax credits, nor the value of the equity

19  generated by tax credits allocated to or invested in

20  low-income housing tax credit developments, shall be

21  considered as income to the property, and the rental income

22  from rent restricted units in a low-income tax credit

23  development shall be the actual rents charged.

24         (6)  The corporation agency is authorized to expend

25  fees received in conjunction with the allocation of low-income

26  housing tax credits only for the purpose of administration of

27  the program, including private legal services which relate to

28  interpretation of s. 42 of the Internal Revenue Code of 1986,

29  as amended.

30         Section 20.  Section 420.51, Florida Statutes, is

31  amended to read:

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  1         420.51  State and local government not liable on bonds

  2  or notes.--The bonds of the corporation agency shall not be a

  3  debt of the state or of any local government, and neither the

  4  state nor any local government shall be liable thereon.  The

  5  corporation agency shall not have the power to pledge the

  6  credit, the revenues, or the taxing power of the state or of

  7  any local government; and neither the credit, the revenues,

  8  nor the taxing power of the state or of any local government

  9  shall be, or shall be deemed to be, pledged to the payment of

10  any bonds of the corporation agency.

11         Section 21.  Section 420.511, Florida Statutes, is

12  amended to read:

13         420.511  Business plan; annual report.--

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

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

16  shall not be inconsistent with the strategic plan prepared

17  pursuant to subsection (2) and shall contain performance

18  measures and specific performance targets for the following:

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

20  Floridians to access housing that is decent and affordable.

21         (b)  The continued availability and affordability of

22  housing financed by the corporation to target populations.

23         (c)  The availability of affordable financing programs,

24  including equity and debt products, and programs that reduce

25  gaps in conventional financing, to increase individual access

26  to housing and stimulate private production of affordable

27  housing.

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

29  affordable housing finance programs administered by the

30  corporation.

31         (e)  The establishment and maintenance of efficiencies

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  1  in the delivery of affordable housing.

  2         (f)  Such other measures as directed by the

  3  corporation's board of directors.

  4         (2)  The corporation, in equal partnership with the

  5  department, shall develop annually a strategic plan for the

  6  provision of affordable housing in Florida as part of the

  7  department's agency strategic plan required pursuant to

  8  chapter 186. In part, the plan shall include provisions that

  9  maximize the abilities of the corporation and the department

10  to implement the state housing strategy established under s.

11  420.0003, to respond to federal housing initiatives, and to

12  develop programs in a manner that is more responsive to the

13  needs of public and private partners. The plan shall be

14  developed on a schedule consistent with that established by

15  ss. 186.021 and 186.022. For purposes of this act, the

16  executive director or his or her designee shall serve as the

17  corporation's representative to achieve a coordinated and

18  integrated planning relationship with the department.

19         (3)  The corporation agency shall submit to the

20  Governor and the presiding officers of each house of the

21  Legislature, within 6 months after the end of its fiscal year,

22  a complete and detailed report setting forth:

23         (a)(1)  Its operations and accomplishments;

24         (b)(2)  Its receipts and expenditures during the fiscal

25  year in accordance with the categories or classifications

26  established by the corporation agency for its operating and

27  capital outlay purposes;

28         (c)(3)  Its assets and liabilities at the end of its

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

30  funds;

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

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

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

  3  and

  4         (e)(5)  Information relating to the corporation's

  5  agency's activities in implementing the provisions of ss.

  6  420.5087 and 420.5088.  The report required by this subsection

  7  shall include, but not be limited to:

  8         1.(a)  The number of people served, delineated by

  9  income, age, family size, and racial characteristics.

10         2.(b)  The number of units produced under each program.

11         3.(c)  The average cost of producing units under each

12  program.

13         4.(d)  The average sales price of single-family units

14  financed under s. 420.5088.

15         5.(e)  The average amount of rent charged based on unit

16  size on units financed under s. 420.5087.

17         6.(f)  The number of persons in rural communities

18  served under each program.

19         7.(g)  The number of farmworkers served under each

20  program.

21         8.(h)  The number of elderly persons served under each

22  program.

23         9.(i)  The extent to which geographic distribution has

24  been achieved in accordance with the provisions of s.

25  420.5087.

26         10.(j)  Any other information the corporation agency

27  deems appropriate.

28         (4)  The corporation shall submit, with the annual

29  report required by s. 420.511, a copy of an annual financial

30  audit of its accounts and records conducted by an independent

31  certified public accountant performed in accordance with

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  1  generally accepted auditing standards and government auditing

  2  standards.

  3         (5)  Both the corporation's business plan and annual

  4  report shall recognize the different fiscal periods under

  5  which the corporation, the state, the Federal Government, and

  6  local governments operate.

  7         Section 22.  Section 420.512, Florida Statutes, is

  8  amended to read:

  9         420.512  Conflicts of interest.--

10         (1)  If any member, officer, or employee of the

11  corporation agency shall have an interest, either direct or

12  indirect, in any contract to which the corporation agency is,

13  or is to be, a party or in any sponsor or in any lending

14  institution requesting a loan from, or offering to sell

15  mortgage loans or obligations to, the corporation agency, such

16  interest shall be disclosed to the corporation agency in

17  writing and shall be set forth in the minutes of the

18  corporation agency.  The member, officer, or employee having

19  such interest shall not participate in any action by the

20  corporation agency with respect to the contract, sponsor, or

21  lending institution.

22         (2)  Nothing in this section shall be deemed or

23  construed to limit the right of any member, officer, or

24  employee of the corporation agency to acquire an interest in

25  bonds of the corporation agency or have an interest in any

26  banking institution in which the bonds of the corporation

27  agency are, or are to be, deposited or which is, or is to be,

28  acting as trustee or paying agent under any bond resolution,

29  trust indenture, or similar instrument to which the

30  corporation agency is a party.

31         (3)  A member, officer, or covered employee of the

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  1  corporation shall not participate in any political fundraising

  2  activities other than for purposes of the corporation's

  3  programs through solicitation of contributions from service

  4  providers, underwriters on the corporation's approved managing

  5  underwriters' list, or their agents, including underwriters'

  6  counsel, officers, principals, and professional employees of

  7  underwriters on the corporation's approved managing

  8  underwriters' list.

  9         (4)  A member, officer, or covered employee of the

10  corporation shall not be an applicant in any program

11  administered by the corporation that is competitively bid or

12  selected. A member, officer, or covered employee shall not

13  have a financial interest in, and shall not be a member of a

14  board or an officer or an employee of, an applicant in any

15  program administered by the corporation which is competitively

16  bid or selected.

17         (5)  Service providers shall comply with the following

18  standards of conduct as a condition of eligibility to be

19  considered or retained to provide services. For purposes of

20  this section only, the term "service provider" means and is

21  limited to a law firm, an investment bank, or a credit

22  underwriter, and the agents, officers, principals, and

23  professional employees of the service provider.

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

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

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

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

28  of the State Board of Administration other than the Governor

29  in Florida while the service provider is included in an

30  applicant pool from which service providers are selected to

31  provide services to the corporation, while the service

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  1  provider provides services to the corporation, and for the

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

  3  through the next general election for Governor.

  4         (b)  The service provider shall not participate in

  5  fundraising activities for or on behalf of candidates for

  6  Governor in Florida while the service provider is included in

  7  an applicant pool from which service providers are selected to

  8  provide services to the corporation, while the service

  9  provider provides services to the corporation, and for the

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

11  through the next general election for Governor.

12         (c)  Service providers shall provide to the corporation

13  a statement that the service provider has not contributed to

14  candidates for Governor or contributed in excess of the

15  amounts allowed by this section for a Cabinet position or

16  engaged in fundraising activities for or on behalf of

17  candidates for Governor in Florida since the effective date of

18  this section or during the 24 months preceding the service

19  providers' application to provide services to the corporation,

20  whichever period is shorter.

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

22  business solicitation communications with officers, members,

23  or covered employees of the corporation.

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

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

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

27  request a declaratory statement in accordance with the

28  applicable rule and s. 120.565.

29         (f)  If the corporation determines that a service

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

31  shall consider the magnitude of the violation and whether

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  1  there has been a pattern of violations in determining whether

  2  to terminate or decline to enter into contracts with the

  3  service provider.

  4         (6)  Each solicitation for a service provider to

  5  provide services shall require the service provider to

  6  formally acknowledge the conditions in subsection (5) and to

  7  agree, if selected, to abide by the conditions. When

  8  appropriate, the acknowledgment must include a statement that

  9  the service provider is currently in compliance with the

10  conditions.

11         (7)  Each contract or other form of agreement to retain

12  a service provider to provide services must incorporate the

13  conditions in subsection (5) and a provision allowing

14  unilateral cancellation by the corporation for refusal of the

15  service provider to comply with the terms of eligibility.

16         (3)  Under no circumstances shall a financial adviser

17  to the Florida Housing Finance Agency serve as an underwriter

18  for the agency's bonds within 2 years of having been its

19  financial adviser.

20         Section 23.  Section 420.513, Florida Statutes, is

21  amended to read:

22         420.513  Exemption from taxes and eligibility as

23  investment.--

24         (1)  The property of the corporation agency, the

25  transactions and operations thereof, and the income therefrom,

26  and the bonds of the corporation issued under this act,

27  together with all notes, mortgages, security agreements,

28  letters of credit, or other instruments that arise out of or

29  are given to secure the repayment of bonds issued in

30  connection with the financing of any housing development under

31  this part, as well as the interest thereon and income

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  1  therefrom, shall be exempt from taxation by the state and its

  2  political subdivisions.  The exemption granted by this

  3  subsection shall not apply to any tax imposed by chapter 220

  4  on interest, income, or profits on debt obligations owned by

  5  corporations.

  6         (2)  All bonds of the corporation agency shall be and

  7  constitute legal investments without limitation for all public

  8  bodies of this state; for all banks, trust companies, savings

  9  banks, savings associations, savings and loan associations,

10  and investment companies; for all administrators, executors,

11  trustees, and other fiduciaries; for all insurance companies

12  and associations and other persons carrying on an insurance

13  business; and for all other persons whatsoever who are now or

14  may hereafter be authorized to invest in bonds or other

15  obligations of the state and shall be and constitute eligible

16  securities to be deposited as collateral for the security of

17  any state, county, municipal, or other public funds.  This

18  subsection shall be considered as additional and supplemental

19  authority and shall not be limited without specific reference

20  hereto.

21         Section 24.  Section 420.514, Florida Statutes, is

22  amended to read:

23         420.514  Corporate existence.--The corporation agency

24  and its corporate existence shall continue until terminated by

25  law, provided that no such law shall take effect so long as

26  the corporation agency shall have bonds outstanding, unless

27  adequate provision has been made for the payment thereof.

28  Upon termination of the existence of the corporation agency,

29  all its rights and properties in excess of its obligations

30  shall pass to and be vested in the state.

31         Section 25.  Section 420.517, Florida Statutes, is

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  1  created to read:

  2         420.517  Affordable housing and job training

  3  coordination.--The Florida Housing Finance Corporation shall

  4  undertake efforts to provide incentives to developers to build

  5  housing that encourages on-site job-skills training to enable

  6  low-income residents to obtain and maintain meaningful

  7  employment. To the extent possible, the corporation shall

  8  direct all recipients of state housing funds, including

  9  municipalities, to work in cooperation with local and regional

10  Job Training Partnerships Boards to provide training to

11  residents and others who may be making the transition from

12  welfare to the work force. The Corporation shall provide

13  incentives through housing policy and program guidelines to

14  prioritize those developments that encourage workforce

15  training and skills development.

16         Section 26.  Subsection (3) of section 420.523, Florida

17  Statutes, is amended to read:

18         420.523  Purpose.--The purpose of the Predevelopment

19  Loan Program is to:

20         (3)  Create a Housing Predevelopment Trust Fund to be

21  used by eligible sponsors of housing.

22         Section 27.  Section 420.525, Florida Statutes, is

23  amended to read:

24         420.525  Housing Predevelopment Trust Fund.--

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

26  corporation with a qualified public depository meeting the

27  requirements of chapter 280 in the State Treasury a separate

28  trust fund to be named the "Housing Predevelopment Trust Fund"

29  which shall be administered by the corporation agency

30  according to the provisions of ss. 420.521-420.529. Any

31  amounts held in the Housing Predevelopment Trust Fund for such

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  1  purposes as of January 1, 1998, must be transferred to the

  2  corporation for deposit in the Housing Predevelopment Fund,

  3  whereupon the Housing Predevelopment Trust Fund must be

  4  closed.  There shall be deposited into the fund all moneys

  5  from the State Housing Trust Fund as created by s. 420.0005

  6  appropriated by the Legislature, or moneys received from any

  7  other source, for the purpose of this program ss.

  8  420.521-420.529 and all proceeds derived from the use of such

  9  moneys.  Administrative and personnel costs incurred in

10  implementing the provisions of ss. 420.521-420.529 may be paid

11  from the fund. Expenditures from the Housing Predevelopment

12  Fund shall not be required to be included in the corporation's

13  budget request or be subject to appropriation by the

14  Legislature. If a loan commitment for program funds is entered

15  into during the state fiscal year for which the program funds

16  were appropriated, the funds shall continue to be made

17  available for use during the entire predevelopment period,

18  even if it extends beyond the fiscal year in which the loan

19  commitment was entered. The budget amendment process created

20  in s. 216.181 shall be used to make funds available throughout

21  the predevelopment period.

22         (2)  All unencumbered funds, loan repayments, proceeds

23  from the sale of any property, existing funds remaining in the

24  following programs, and any other proceeds that would

25  otherwise accrue pursuant to the activities conducted under

26  this program and the provisions of the following programs

27  shall be deposited in the fund and shall not revert to the

28  General Revenue Fund:

29         (a)  The Rural Housing Land Acquisition and Site

30  Development Act;

31         (b)  The Farmworker Housing Assistance Act; and

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  1         (c)  The Community-Based Organization Loan Program

  2  created by the Florida Affordable Housing Act of 1986.

  3         Section 28.  Section 420.526, Florida Statutes, is

  4  amended to read:

  5         420.526  Predevelopment Loan Program; loans and grants

  6  authorized; activities eligible for support.--

  7         (1)  The corporation agency is authorized to underwrite

  8  and make loans and grants from the Housing Predevelopment

  9  Trust Fund to eligible sponsors when it determines that:

10         (a)  A need for housing for the target population

11  exists in the area described in the application; and

12         (b)  Federal, state, or local public funds or private

13  funds are available or likely to be available to aid in the

14  site acquisition, site development, construction,

15  rehabilitation, maintenance, or support of the housing

16  proposed in the application.

17         (2)  The corporation agency shall not award a grant or

18  loan to a sponsor that is unable to demonstrate the ability to

19  proceed as verified by a qualified development team.

20         (3)  The corporation agency shall establish rules for

21  the equitable distribution of the funds in a manner that meets

22  the need and demand for housing for the target population.

23  However, during the first 6 months of fund availability, at

24  least 40 percent of the total funds made available under this

25  program shall be reserved for sponsors of farmworker housing.

26         (4)  The activities of sponsors which are eligible for

27  housing predevelopment loans shall include, but not be limited

28  to:

29         (a)  Site acquisition.

30         (b)  Site development.

31         (c)  Fees for requisite services from architects,

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  1  engineers, surveyors, attorneys, and other professionals.

  2         (d)  Marketing expenses relating to advertisement.

  3         (5)  The activities of sponsors which are eligible for

  4  housing predevelopment grants shall include, but not be

  5  limited to:

  6         (a)  Administrative expenses.

  7         (b)  Market and feasibility studies.

  8         (c)  Consulting fees.

  9         (6)  Any funds paid out of the Housing Predevelopment

10  Trust Fund for activities under ss. 420.521-420.529 which are

11  reimbursed to the sponsor from another source shall be repaid

12  to the fund.

13         (7)  Sponsors receiving loans for professional fees may

14  receive forgiveness of such loans if it is determined that the

15  proposed project would not be feasible for housing for the

16  target population.

17         (8)  Terms and conditions of housing predevelopment

18  loan agreements shall be established by rule and shall

19  include:

20         (a)  Provision for interest, which shall be set at 3

21  percent per year.

22         (b)  Provision of a schedule for the repayment of

23  principal and interest for a term not to exceed 3 years or

24  initiation of permanent financing, whichever event occurs

25  first.  However, the corporation agency may extend the term of

26  a loan for an additional period not to exceed 1 year if

27  extraordinary circumstances exist and if such extension would

28  not jeopardize the corporation's agency's security interest.

29         (c)  Provision of reasonable security for the housing

30  predevelopment loan to ensure the repayment of the principal

31  and any interest accrued within the term specified.

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  1  Reasonable security shall be a promissory note secured by a

  2  mortgage from the sponsor on the property to be purchased,

  3  improved, or purchased and improved with the proceeds of the

  4  housing predevelopment loan or other collateral acceptable to

  5  the corporation agency.

  6         (d)  Provisions to ensure that the land acquired will

  7  be used for the development of housing and related services

  8  for the target population.

  9         (e)  Provisions to ensure, to the extent possible, that

10  any accrued savings in cost due to the availability of these

11  funds will be passed on to the target population in the form

12  of lower land prices.  The corporation agency shall ensure

13  that such savings in land prices shall be passed on in the

14  form of lower prices or rents for dwellings constructed on

15  such land.

16         (f)  Provisions to ensure that any land acquired

17  through assistance under ss. 420.521-420.529 for housing for

18  the target population shall not be disposed of or alienated in

19  a manner that violates Title VII of the 1968 Civil Rights Act,

20  which specifically prohibits discrimination based on race,

21  sex, color, religion, or national origin or that violates

22  other applicable federal or state laws.

23         (9)  No predevelopment loan made under this section

24  shall exceed the lesser of:

25         (a)  The development and acquisition costs for the

26  project, as determined by rule of the corporation agency; or

27         (b)  Five hundred thousand dollars.

28         (10)  Any real property or any portion thereof

29  purchased or developed under ss. 420.521-420.529 may be

30  disposed of by the eligible sponsor upon the terms and

31  conditions established by rule of the corporation agency and

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  1  consistent with ss. 420.521-420.529, at a price not to exceed

  2  the actual prorated land costs, development costs, accrued

  3  taxes, and interest.

  4         Section 29.  Section 420.527, Florida Statutes, is

  5  amended to read:

  6         420.527  Application procedure.--

  7         (1)  Applications shall be submitted to the corporation

  8  agency in a form that which it establishes by rule.

  9         (2)  Applications that which propose linkage of

10  predevelopment funds with other financing offered through the

11  corporation agency shall receive preference in funding.

12         (3)  The corporation agency shall publish a notice of

13  fund availability in a publication of general circulation

14  throughout the state.  Such notice shall be published at least

15  60 days before the application deadline.

16         (4)  By rule, the corporation agency shall establish a

17  review committee composed of representatives of the

18  corporation department and of the agency and a scoring system

19  for evaluating and ranking applications.  The corporation

20  agency board shall make the final ranking and shall decide

21  which applicants become program participants based on the

22  scores received in the ranking, further review of

23  applications, and the recommendations of the review committee.

24  The corporation agency board shall approve or reject

25  applications for loans and grants and shall determine the

26  tentative loan or grant amount available to each program

27  participant.  The actual loan or grant amount shall be

28  determined pursuant to rule specifying credit underwriting

29  procedures.

30         (5)  The criteria to be used to score applications

31  shall include, but are not limited to, the following:

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  1         (a)  Income target objectives of the corporation

  2  agency.

  3         (b)  Sponsor's agreement to reserve more than the

  4  minimum number of units for low-income households and

  5  very-low-income households.

  6         (c)  Projects requiring the least amount of

  7  predevelopment funds compared to total predevelopment costs.

  8         (d)  Sponsor's prior experience.

  9         (e)  Commitments of other financing.

10         (f)  Sponsor's ability to proceed.

11         (g)  Project's consistency with the local government

12  comprehensive plan.

13         Section 30.  Section 420.528, Florida Statutes, is

14  amended to read:

15         420.528  Rules; annual reports.--

16         (1)  The corporation agency may adopt rules necessary

17  to implement ss. 420.521-420.529 and to further specify the

18  purposes for which loan and grant funds may be expended, the

19  required content of applications, the procedure for evaluating

20  and competitively ranking all applications, and reporting

21  requirements for sponsors awarded funds under ss.

22  420.521-420.529.

23         (2)  The corporation agency shall submit, within the

24  annual report required by s. 420.511, a summary of loans and

25  grants made, loan and grant recipients, loan commitments

26  received by sponsors, persons or families housed, projects

27  initiated and completed, and the balance on all loans

28  outstanding at the end of each fiscal year.

29         Section 31.  Section 420.529, Florida Statutes, is

30  amended to read:

31         420.529  Default by sponsor.--If a default on a loan

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  1  occurs, the corporation agency may foreclose on any mortgage

  2  or security interest or commence any legal action to protect

  3  the interest of the corporation agency or the fund and recover

  4  the amount of the unpaid principal, accrued interest, and fees

  5  on behalf of the fund.  The corporation agency may also

  6  acquire real and personal property or any interest in the

  7  property if such acquisition is necessary or appropriate to

  8  protect any loan; to sell, transfer, and convey any such

  9  property to a buyer without regard to the provisions of

10  chapters 253 and 270; and, if such sale, transfer, or

11  conveyance cannot be effected within a reasonable time, to

12  lease such property for occupancy by eligible persons.  All

13  sums recovered from the sale, transfer, conveyance, or lease

14  of such property shall be deposited into the Housing

15  Predevelopment Trust Fund.

16         Section 32.  Subsection (4) of section 420.602, Florida

17  Statutes, is repealed, present subsection (5) is redesignated

18  as subsection (4) of that section, and a new subsection (5) is

19  added to that section, to read:

20         420.602  Definitions.--As used in this part, the

21  following terms shall have the following meanings, unless the

22  context otherwise requires:

23         (4)  "Agency" means the Florida Housing Finance Agency

24  as created in s. 420.504(1).

25         (5)  "Corporation" means the Florida Housing Finance

26  Corporation as created in s. 420.504.

27         Section 33.  Section 420.606, Florida Statutes, is

28  amended to read:

29         420.606  Training and technical assistance program.--

30         (1)  LEGISLATIVE FINDINGS.--In addition to the

31  legislative findings set forth in s. 420.6015, the Legislature

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    Bill No. SB 2436

    Amendment No.    





  1  finds and declares that:

  2         (a)  Housing in economically declining or distressed

  3  areas is frequently substandard and is often unaffordable to

  4  very-low-income persons and low-income persons;

  5         (b)  Community-based organizations often have limited

  6  experience in development of quality housing for

  7  very-low-income persons and low-income persons in economically

  8  declining or distressed areas; and

  9         (c)  The staffs and board members of community-based

10  organizations need additional training in housing development

11  as well as technical support to assist them in gaining the

12  experience they need to better serve their communities.

13         (d)  The staffs of state agencies and local

14  governments, whether directly involved in the production of

15  affordable housing or acting in a supportive role, can better

16  serve the goals of state and local governments if their

17  expertise in housing development is expanded.

18         (2)  PURPOSE.--The purpose of this section is to

19  provide community-based organizations and staff of state and

20  local governments with the necessary training and technical

21  assistance to meet the needs of very-low-income persons,

22  low-income persons, and moderate-income persons for standard,

23  affordable housing.

24         (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The

25  Department of Community Affairs shall be responsible for

26  securing the necessary expertise to provide training and

27  technical assistance to staff of local governments, to staff

28  of state agencies, as appropriate, and to community-based

29  organizations, and to persons forming such organizations,

30  which are formed for the purpose of developing new housing and

31  rehabilitating existing housing which is affordable for

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  1  very-low-income persons, low-income persons, and

  2  moderate-income persons. To the maximum extent feasible, the

  3  entity to provide the necessary expertise must be recognized

  4  by the Internal Revenue Service as a nonprofit tax-exempt

  5  organization. It must have as its primary mission the

  6  provision of affordable housing training and technical

  7  assistance; an ability to provide training and technical

  8  assistance statewide; and a proven track record of

  9  successfully providing training and technical assistance under

10  the Affordable Housing Catalyst Program.

11         (a)  The training component of the program shall be

12  designed to build the housing development capacity of

13  community-based organizations and local governments as a

14  permanent resource for the benefit of communities in this

15  state.

16         1.  The scope of training shall include, but not be

17  limited to, real estate development skills related to

18  affordable housing, including the construction process and

19  property management and disposition, the development of

20  public-private partnerships to reduce housing costs, model

21  housing projects, and management and board responsibilities of

22  community-based organizations.

23         2.  Training activities may include, but are not

24  limited to, materials for self-instruction, workshops,

25  seminars, internships, coursework, and special programs

26  developed in conjunction with state universities and community

27  colleges.

28         (b)  The technical assistance component of the program

29  shall be designed to assist applicants for state-administered

30  programs in developing applications and in expediting project

31  implementation.  Technical assistance activities for the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  staffs of community-based organizations and local governments

  2  who are directly involved in the production of affordable

  3  housing may include, but are not limited to, workshops for

  4  program applicants, onsite visits, guidance in achieving

  5  project completion, and a newsletter to community-based

  6  organizations and local governments.

  7         (c)(4)  TECHNICAL SUPPORT FOR THE HOME, HOPE, AND STATE

  8  HOUSING INITIATIVES PARTNERSHIP PROGRAMS.--The department

  9  shall establish a program known as the Affordable Housing

10  Catalyst Program to be responsible for securing the necessary

11  expertise as provided in this section for providing

12  specialized technical support to local governments to

13  implement the HOME Partnership Program, the HOPE Program, and

14  the State Housing Initiatives Partnership Program, and other

15  affordable housing programs.  The technical support shall, at

16  a minimum, provide training relating to the following key

17  elements of the partnership programs:

18         1.(a)  The formation of local and regional housing

19  partnerships as a means of bringing together resources to

20  provide affordable housing.

21         2.(b)  The implementation of regulatory reforms to

22  reduce the risk and cost of developing affordable housing.

23         3.(c)  The implementation of affordable housing

24  programs included in local government comprehensive plans.

25         4.(d)  The compliance with requirements of federally

26  funded housing programs.

27         (4)(5)  POWERS.--The Department of Community Affairs

28  may do all things necessary or appropriate to carry out the

29  purposes of this section, including exercising the power to:

30         (a)  Enter into contracts and agreements with the

31  Federal Government or with other agencies of the state, with

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    Bill No. SB 2436

    Amendment No.    





  1  local governments, or with any other person, association,

  2  corporation, or entity;

  3         (b)  Seek and accept funding from any public or private

  4  source; and

  5         (c)  Adopt and enforce rules consistent with this

  6  section.

  7         Section 34.  Section 420.9071, Florida Statutes, 1996

  8  Supplement, is amended to read:

  9         420.9071  Definitions.--As used in ss.

10  420.907-420.9079, the term:

11         (1)  "Adjusted for family size" means adjusted in a

12  manner that which results in an income eligibility level that

13  is lower for households having fewer than four people, or

14  higher for households having more than four people, than the

15  base income eligibility determined as provided in subsection

16  (19), subsection (20), or subsection (28) (25), based upon a

17  formula established by the United States Department of Housing

18  and Urban Development.

19         (2)  "Adjusted gross income" means wages, income from

20  assets, regular cash or noncash contributions, and any other

21  resources and benefits determined to be income by the United

22  States Department of Housing and Urban Development, adjusted

23  for family size, minus the deductions allowable under s. 61 of

24  the Internal Revenue Code of 1986, as amended.

25         (2)(3)  "Affordable" means that monthly rents or

26  monthly mortgage payments including taxes and insurance do not

27  exceed 30 percent of that amount which represents the

28  percentage of the median adjusted gross annual gross income

29  for the households as indicated in subsection (19), subsection

30  (20), or subsection (28) (25). However, it is not the intent

31  to limit an individual household's individual's ability to

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  1  devote more than 30 percent of its his income for housing, and

  2  housing for which a household devotes more than 30 percent of

  3  its income shall be deemed affordable if the first

  4  institutional mortgage lender is satisfied that the household

  5  can afford mortgage payments in excess of the 30 percent

  6  benchmark.

  7         (3)(4)  "Affordable housing advisory committee" means

  8  the committee appointed by the governing body of a county or

  9  eligible municipality for the purpose of recommending specific

10  initiatives and incentives to encourage or facilitate

11  affordable housing as provided in s. 420.9076.

12         (5)  "Agency" means the Florida Housing Finance Agency

13  created under part V of this chapter.

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

15  defined under the Section 8 housing assistance payments

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

17  under the census long-form for the recent available decennial

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

19  reporting under Internal Revenue Service Form 1040 for

20  individual federal annual income tax purposes. Counties and

21  eligible municipalities shall calculate income by projecting

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

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

24  household during the 12 months following the effective date of

25  the determination.

26         (5)(6)  "Award" means a loan, grant, or subsidy funded

27  wholly or partially by the local housing assistance trust fund

28  distribution.

29         (6)(7)  "Community-based organization" means a

30  nonprofit organization that has among its purposes the

31  provision of affordable housing to persons who have special

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  1  needs or have very low income, low income, or moderate income

  2  within a designated area, which may include a municipality, a

  3  county, or more than one municipality or county, and

  4  maintains, through a minimum of one-third representation on

  5  the organization's governing board, accountability to housing

  6  program beneficiaries and residents of the designated area.  A

  7  community housing development organization established

  8  pursuant to 24 C.F.R. part 92.2 and a community development

  9  corporation created pursuant to chapter 290 are examples of

10  community-based organizations.

11         (7)  "Corporation" means the Florida Housing Finance

12  Corporation.

13         (8)  "Department" means the Department of Community

14  Affairs.

15         (8)(9)  "Eligible housing" means any real and personal

16  property located within the county or the eligible

17  municipality which is designed and intended for the primary

18  purpose of providing decent, safe, and sanitary residential

19  units that are designed to meet the standards of chapter 553

20  for home ownership homeownership or rental for eligible

21  persons as designated by each county or eligible municipality

22  participating in the State Housing Initiatives Partnership

23  Program local housing assistance program.

24         (9)(10)  "Eligible municipality" means a municipality

25  that is eligible for federal community development block grant

26  entitlement moneys as an entitlement community identified in

27  24 C.F.R. s. 570, subpart D, Entitlement Grants, or a

28  nonentitlement municipality that is receiving local housing

29  distribution funds under an interlocal agreement that provides

30  for possession and administrative control of funds to be

31  transferred to the nonentitlement municipality.  An eligible

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    Bill No. SB 2436

    Amendment No.    





  1  municipality that defers its participation in community

  2  development block grants does not affect its eligibility for

  3  participation in the State Housing Initiatives Partnership

  4  Program.

  5         (10)(11)  "Eligible person" or "eligible household"

  6  means one or more natural persons or a family determined by

  7  the county or eligible municipality to be of very low income,

  8  low income, or moderate income according to the income limits

  9  adjusted to family size published annually by the United

10  States Department of Housing and Urban Development based upon

11  the annual adjusted gross income of the household resident

12  with adjustment made for family size.

13         (11)(12)  "Eligible sponsor" means a person or a

14  private or public for-profit or not-for-profit entity that

15  applies for an award under the local housing assistance plan

16  program for the purpose of providing eligible housing for

17  eligible persons.

18         (12)(13)  "Grant" means an award from the local housing

19  assistance trust fund a distribution of a portion of a local

20  housing distribution to an eligible sponsor or eligible person

21  to partially assist in the construction, rehabilitation, or

22  financing of eligible housing or to provide the cost of tenant

23  or ownership qualifications without requirement for repayment

24  as long as the condition of award is maintained.

25         (13)(14)  "Loan" means an award from the local housing

26  assistance trust fund a pledge of the local housing

27  distribution moneys to an eligible sponsor or eligible person

28  to partially finance the acquisition, construction, or

29  rehabilitation of eligible housing with requirement for

30  repayment or provision for forgiveness of repayment if the

31  condition of the award is maintained.

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                                                  SENATE AMENDMENT

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  1         (14)(15)  "Local housing assistance plan" means a

  2  concise description of the local housing assistance strategies

  3  and local housing incentive strategies program adopted by

  4  local government resolution ordinance with an explanation of

  5  the way in which the program meets the requirements of ss.

  6  420.907-420.9079 and corporation rule.

  7         (15)(16)  "Local housing assistance strategies program"

  8  means the housing construction, rehabilitation, repair, or and

  9  finance program implemented by a participating county or

10  eligible municipality with the local housing distribution or

11  other funds deposited into the local housing assistance trust

12  fund.

13         (16)  "Local housing incentive strategies" means local

14  regulatory reform or incentive programs to encourage or

15  facilitate affordable housing production, which include at a

16  minimum, assurance that permits as defined in s. 163.3164(7)

17  and (8) for affordable housing projects are expedited to a

18  greater degree than other projects; an ongoing process for

19  review of local policies, ordinances, regulations, and plan

20  provisions that increase the cost of housing prior to their

21  adoption; and a schedule for implementing the incentive

22  strategies. Local housing incentive strategies may also

23  include other regulatory reforms, such as those enumerated in

24  s. 420.9076 and adopted by the local governing body.

25         (17)  "Local housing distributions" means the proceeds

26  of the taxes collected under chapter 201 deposited into the

27  Local Government Housing Trust Fund and distributed to

28  counties and eligible municipalities participating in the

29  State Housing Initiatives Partnership Program pursuant to s.

30  420.9073.

31         (18)  "Local housing partnership" means the

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    Bill No. SB 2436

    Amendment No.    





  1  implementation of the local housing assistance plan program in

  2  a manner that involves the applicable county or eligible

  3  municipality local government, lending institutions, housing

  4  builders and developers, real estate professionals, advocates

  5  for low-income persons, community-based housing and service

  6  organizations, and providers of professional services relating

  7  to affordable housing.  The term includes initiatives to

  8  provide support services for housing program beneficiaries

  9  such as training to prepare persons for the responsibility of

10  homeownership, counseling of tenants, and the establishing of

11  support services such as day care, health care, and

12  transportation.

13         (19)  "Low-income person" or "low-income household"

14  means one or more natural persons or a family, not including

15  students, that has a total annual adjusted gross household

16  income that does not exceed 80 percent of the median annual

17  adjusted gross income adjusted for family size for households

18  within the metropolitan statistical area, the county, or the

19  nonmetropolitan median for the state or 80 percent of the

20  median annual adjusted gross income for households within the

21  metropolitan statistical area or, if not within a metropolitan

22  statistical area, within the county, whichever amount is

23  greatest greater.  With respect to rental units, the

24  low-income household's person's annual income at the time of

25  initial occupancy may not exceed 80 percent of the area's

26  state's median income adjusted for family size. While

27  occupying the rental unit, a low-income household's person's

28  annual income may increase to an amount not to exceed 140

29  percent of 80 percent of the area's state's median income

30  adjusted for family size.

31         (20)  "Moderate-income person" or "moderate-income

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  1  household" means one or more natural persons or a family, not

  2  including students, that has a total annual adjusted gross

  3  household income that does not exceed is less than 120 percent

  4  of the median annual adjusted gross income adjusted for family

  5  size for households within the metropolitan statistical area,

  6  the county, or the nonmetropolitan median for the state or 120

  7  percent of the median annual adjusted gross income for

  8  households within the metropolitan statistical area or, if not

  9  within a metropolitan statistical area, within the county,

10  whichever is greatest greater.  With respect to rental units,

11  the moderate-income household's person's annual income at the

12  time of initial occupancy may not exceed 120 percent of the

13  area's state's median income adjusted for family size. While

14  occupying the rental unit, a moderate-income household's

15  person's annual income may increase to an amount not to exceed

16  140 percent of 120 percent of the area's state's median income

17  adjusted for family size.

18         (21)  "Personal property" means major appliances,

19  including a freestanding refrigerator or stove, to be

20  identified on the encumbering documents.

21         (22)  "Plan amendment" means the addition or deletion

22  of a local housing assistance strategy or local housing

23  incentive strategy. Plan amendments must at all times maintain

24  consistency with program requirements and must be submitted to

25  the corporation for review pursuant to s. 420.9072(3).

26  Technical or clarifying revisions may not be considered plan

27  amendments but must be transmitted to the corporation for

28  purposes of notification.

29         (23)(22)  "Population" means the latest official state

30  estimate of population certified pursuant to s. 186.901 prior

31  to the beginning of the fiscal year.

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    Amendment No.    





  1         (24)  "Program income" means the proceeds derived from

  2  interest earned on or investment of the local housing

  3  distribution and other funds deposited into the local housing

  4  assistance trust fund, proceeds from loan repayments, recycled

  5  funds, and all other income derived from use of funds

  6  deposited in the local housing assistance trust fund. It does

  7  not include recaptured funds as defined in subsection (25).

  8         (25)  "Recaptured funds" means funds that are recouped

  9  by a county or eligible municipality in accordance with the

10  recapture provisions of its local housing assistance plan

11  pursuant to s. 420.9075(4)(g) from eligible persons or

12  eligible sponsors who default on the terms of a grant award or

13  loan award.

14         (26)(23)  "Rent subsidies" means ongoing monthly rental

15  assistance.  The term does not include initial assistance to

16  tenants, such as grants or loans for security and utility

17  deposits.

18         (24)  "Student" means a person not living with the

19  person's parent or guardian who is eligible to be claimed by

20  the person's parent or guardian as a dependent under the

21  federal income tax code and who is enrolled at least half time

22  in a secondary school, vocational-technical center, community

23  college, or university.  The term does not include a person

24  participating in a job training program approved by the county

25  or the eligible municipality.

26         (27)  "Sales price" or "value" means, in the case of

27  acquisition of an existing or newly constructed unit, the

28  amount on the executed sales contract. For eligible persons

29  who are building a unit on land that they own, the sales price

30  is determined by an appraisal performed by a state-certified

31  appraiser. The appraisal must include the value of the land

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    Bill No. SB 2436

    Amendment No.    





  1  and the improvements using the after-construction value of the

  2  property and must be dated within 12 months of the date

  3  construction is to commence. The sales price of any unit must

  4  include the value of the land in order to qualify as eligible

  5  housing as defined in subsection (8). In the case of

  6  rehabilitation or emergency repair of an existing unit, sales

  7  price or value means the value of the real property, as

  8  determined by an appraisal performed by a state-certified

  9  appraiser and dated within 12 months of the date construction

10  is to commence or the assessed value of the real property as

11  determined by the county property appraiser, plus the cost of

12  the improvements.

13         (28)(25)  "Very-low-income person" or "very-low-income

14  household" means one or more natural persons or a family, not

15  including students, that has a total annual adjusted gross

16  household income that does not exceed 50 percent of the median

17  annual adjusted gross income adjusted for family size for

18  households within the metropolitan statistical area, the

19  county, or the nonmetropolitan median for the state or 50

20  percent of the median annual adjusted gross income for

21  households within the metropolitan statistical area or, if not

22  within a metropolitan statistical area, within the county,

23  whichever is greatest greater.  With respect to rental units,

24  the very-low-income household's person's annual income at the

25  time of initial occupancy may not exceed 50 percent of the

26  area's state's median income adjusted for family size. While

27  occupying the rental unit, a very-low-income household's

28  person's annual income may increase to an amount not to exceed

29  140 percent of 50 percent of the area's state's median income

30  adjusted for family size.

31         Section 35.  Section 420.9072, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  amended to read:

  2         420.9072  State Housing Initiatives Partnership

  3  Program.--The State Housing Initiatives Partnership Program is

  4  created for the purpose of providing funds to counties and

  5  eligible municipalities local governments as an incentive for

  6  the creation of local housing partnerships, to expand

  7  production of and preserve affordable housing, to further the

  8  housing element of the local government comprehensive plan

  9  specific to affordable housing, and to increase

10  housing-related employment.

11         (1)(a)  In addition to the legislative findings set

12  forth in s. 420.6015, the Legislature finds that affordable

13  housing is most effectively provided by combining available

14  public and private resources to conserve and improve existing

15  housing and provide new housing for very-low-income households

16  persons, low-income households persons, and moderate-income

17  households persons.  The Legislature intends to encourage

18  partnerships in order to secure the benefits of cooperation by

19  the public and private sectors and to reduce the cost of

20  housing for the target group by effectively combining all

21  available resources and cost-saving measures.  The Legislature

22  further intends that local governments achieve this

23  combination of resources by encouraging active partnerships

24  between government, lenders, builders and developers, real

25  estate professionals, advocates for low-income persons, and

26  community groups to produce affordable housing and provide

27  related services.  Extending the partnership concept to

28  encompass cooperative efforts among small counties as defined

29  in s. 120.52(17), and among counties and municipalities

30  between local governments is specifically encouraged.  Local

31  governments are also intended to establish an affordable a

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    Amendment No.    





  1  housing advisory committee to recommend monetary and

  2  nonmonetary incentives for affordable housing as provided in

  3  s. 420.9076.

  4         (b)  The Legislature further intends that the State

  5  Housing Initiatives Partnership Program provide the maximum

  6  flexibility to local governments to determine the use of funds

  7  for housing programs while ensuring accountability for the

  8  efficient use of public resources and guaranteeing that

  9  benefits are provided to those in need.

10         (2)(a)  To be eligible to receive funds under the

11  program, a county or eligible municipality must:

12         1.  Submit to the corporation agency and the department

13  its local housing assistance plan describing the local housing

14  assistance strategies program established pursuant to s.

15  420.9075; and

16         2.  Within 12 months after adopting the local housing

17  assistance plan, amend the plan to incorporate the local

18  housing incentive strategies defined in s. 420.9071(16) and

19  described in s. 420.7096; and

20         3.2.  Within 24 12 months after adopting establishing,

21  by ordinance, the amended local housing assistance plan to

22  incorporate the local housing incentive strategies, amend its

23  land development regulations or establish local policies and

24  procedures, as necessary, to implement the local housing

25  incentive strategies adopted by the local governing body. A

26  county or an eligible municipality that has adopted a housing

27  incentive strategy pursuant to s. 420.9076 before the

28  effective date of this act shall review the status of

29  implementation of the plan according to its adopted schedule

30  for implementation and report its findings in the annual

31  report required by s. 420.9075(9). If as a result of the

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  1  review, a county or an eligible municipality determines that

  2  the implementation is complete and in accordance with its

  3  schedule, no further action is necessary. If a county or an

  4  eligible municipality determines that implementation according

  5  to its schedule is not complete, it must amend its land

  6  development regulations or establish local policies and

  7  procedures, as necessary, to implement the housing incentive

  8  plan within 12 months after the effective date of this act, or

  9  if extenuating circumstances prevent implementation within 12

10  months, pursuant to s. 420.9075(12) enter into an extension

11  agreement with the corporation program, submit to the agency

12  and the department its affordable housing incentive plan

13  pursuant to s. 420.9076.

14         (b)  A county or an eligible municipality seeking

15  approval to receive its share of the local housing

16  distribution must adopt an ordinance containing the following

17  provisions:

18         1.  Creation of a local an affordable housing

19  assistance trust fund as described in s. 420.9075(5).

20         2.  Adoption by resolution Establishment of a local

21  housing assistance plan as defined in s. 420.9071(14) program

22  to be implemented through a local housing partnership as

23  defined in s. 420.9071(18) s. 420.9071.

24         3.  Designation of the responsibility for the

25  administration of the local housing assistance plan program.

26  Such ordinance may also provide for the contracting of all or

27  part of the administrative or other functions of the program

28  to a third person or entity.

29         4.  Creation of the affordable housing advisory

30  committee as provided in s. 420.9076.

31

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  1  The ordinance must not take effect until at least 30 days

  2  after the date of formal adoption. Ordinances in effect prior

  3  to the effective date of amendments to this section shall be

  4  amended as needed to conform to new provisions.

  5         (3)(a)  The governing board of the county or of an

  6  eligible municipality must submit to the corporation one copy

  7  agency and the department two copies of its local housing

  8  assistance plan.  The transmittal of the plan must include a

  9  copy of the ordinance, the adopting resolution, the local

10  housing assistance plan, and such other information as the

11  corporation agency requires by rule; however, information to

12  be included in the plan is intended to demonstrate consistency

13  with the requirements of ss. 420.907-420.9079 and corporation

14  rule this program without posing an undue burden on the local

15  government.  Plans shall be reviewed by a committee composed

16  of corporation agency and department staff as established by

17  corporation agency rule, in consultation with the department.

18         (b)  Within 30 days after receiving a plan, the review

19  committee shall review the plan and either approve it or

20  identify inconsistencies with the requirements of the program.

21  The corporation agency and the department shall assist a local

22  government in revising its plan if it initially proves to be

23  inconsistent with program requirements.  A plan that is

24  revised by the local government to achieve consistency with

25  the program requirements shall be reviewed within 30 days

26  after submission.  A local government may twice revise and

27  resubmit its plan during any state fiscal year.  The deadlines

28  for submitting original and revised plans shall be established

29  by corporation agency rule; however, the corporation shall not

30  require submission of a new local housing assistance plan to

31  implement amendments to this act until the currently effective

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    Amendment No.    





  1  plan expires during the first year the program is in

  2  existence, counties and eligible municipalities may submit

  3  their initial plans not later than June 30, 1993.

  4         (c)  The Legislature intends that approval of plans be

  5  expedited to ensure that the production of needed housing and

  6  the related creation of jobs occur as quickly as possible.

  7  After being approved for funding, a local government may amend

  8  by resolution revise its local housing assistance plan program

  9  if the plan as amended program as revised complies with

10  program the requirements for such programs; however, a local

11  government must submit its amended revised plan for review

12  according to the process established in this subsection in

13  order to ensure continued consistency with the requirements of

14  the State Housing Initiatives Partnership Program.

15         (4)  Moneys in the Local Government Housing Trust Fund

16  shall be distributed by the corporation agency to each

17  approved county and eligible municipality within the county as

18  provided in s. 420.9073. Distributions shall be allocated to

19  the participating county and to each eligible municipality

20  within the county according to an interlocal agreement between

21  the county governing authority and the governing body of the

22  eligible municipality or, if there is no interlocal agreement,

23  according to population.  The portion for each eligible

24  municipality is computed by multiplying the total moneys

25  earmarked for a county by a fraction, the numerator of which

26  is the population of the eligible municipality and the

27  denominator of which is the total population of the county.

28  The remaining revenues shall be distributed to the governing

29  body of the county.

30         (5)(a)  Local governments are encouraged to make the

31  most efficient use of their resources by cooperating to

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    Amendment No.    





  1  provide affordable housing assistance.  Local governments may

  2  enter into an interlocal agreement for the purpose of

  3  establishing a joint local housing assistance plan program

  4  subject to the requirements of ss. 420.907-420.9079.  The

  5  local housing distributions for such counties and eligible

  6  municipalities shall be directly disbursed on a monthly basis

  7  to each county or eligible municipality to be administered in

  8  conformity with the interlocal agreement providing for a joint

  9  local housing assistance plan program.

10         (b)  If a county or eligible municipality enters into

11  an interlocal agreement with a municipality that becomes

12  eligible as a result of entering into that interlocal

13  agreement, the county or eligible municipality that has agreed

14  to transfer the control of funds to a municipality that was

15  not originally eligible must ensure through its local housing

16  assistance plan and through the interlocal agreement that all

17  program funds are used in a manner consistent with ss.

18  420.907-420.9079.  This must be accomplished by:

19         1.  Providing that the use of the portion of funds

20  transferred to the municipality meets all requirements of ss.

21  420.907-420.9079, or

22         2.  Providing that the use of the portion of funds

23  transferred to the municipality, when taken in combination

24  with the use of the local housing distribution from which

25  funds were transferred, meets all requirements of ss.

26  420.907-420.9079.

27         (6)  The moneys that otherwise would be distributed

28  pursuant to s. 420.9073 to a local government that does not

29  meet the program's requirements for receipts of such

30  distributions shall remain in the Local Government Housing

31  Trust Fund to be administered used by the corporation agency

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    Bill No. SB 2436

    Amendment No.    





  1  to administer the affordable housing production program

  2  pursuant to s. 420.9078.

  3         (7)  A county or an eligible municipality must expend

  4  its portion of the local housing distribution only to

  5  implement a local housing assistance plan program.

  6

  7  A county or an eligible municipality may not expend its

  8  portion of the local housing distribution to provide rent

  9  subsidies; however, this does not prohibit the use of funds

10  for security and utility deposit assistance.

11         (8)  Funds distributed under this program may not be

12  pledged to pay the debt service on any bonds.

13         (9)  The corporation shall agency may adopt rules

14  necessary to implement ss. 420.907-420.9079.

15         Section 36.  Subsection (3) of section 420.9073,

16  Florida Statutes, is amended to read:

17         420.9073  Local Housing Distributions.--

18         (3)  Calculation of guaranteed amounts:

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

20  be calculated for each fiscal year by multiplying $350,000

21  $250,000 by a fraction, the numerator of which is the amount

22  of funds distributed to the Local Government Housing Trust

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

24  the total amount of funds distributed to the Local Government

25  Housing Trust Fund pursuant to s. 201.15.  For fiscal year

26  1992-1993, the guaranteed amount in s. 420.9073 shall be

27  $250,000.

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

29  be calculated for each fiscal year, beginning in fiscal year

30  1995-1996, by multiplying $350,000 $250,000 by a fraction, the

31  numerator of which is the amount of funds distributed to the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  Local Government Housing Trust Fund pursuant to s. 201.15(7)

  2  and the denominator of which is the total amount of funds

  3  distributed to the Local Government Housing Trust Fund

  4  pursuant to s. 201.15.

  5         Section 37.  Section 420.9075, Florida Statutes, is

  6  amended to read:

  7         420.9075  Local housing assistance plans programs;

  8  partnerships.--

  9         (1)(a)  Each county or eligible municipality

10  participating in the State Housing Initiatives Partnership

11  Program shall develop and implement establish a local housing

12  assistance plan program created to make affordable residential

13  units available to persons of very low income, low income, or

14  moderate income and to persons who have special housing needs,

15  including, but not limited to, homeless people, the elderly,

16  and migrant farmworkers.  The plans programs are intended to

17  increase the availability of affordable residential units by

18  combining local resources and cost-saving measures into a

19  local housing partnership and using private and public funds

20  to reduce the cost of housing.

21         (b)  Local housing assistance plans programs may

22  allocate funds to:

23         1.  Implement local housing assistance strategies for

24  the provision of affordable housing.

25         2.  Supplement funds available to the corporation

26  agency to provide enhanced funding of state housing programs

27  within the county or the eligible municipality.

28         3.  Provide the local matching share of federal

29  affordable housing grants or programs.

30         4.  Fund emergency repairs, including, but not limited

31  to, repairs performed by existing service providers under

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    Bill No. SB 2436

    Amendment No.    





  1  weatherization assistance programs under ss. 409.509-409.5093.

  2         5.  Further the housing element of the local government

  3  comprehensive plan adopted pursuant to s. 163.3184, specific

  4  to affordable housing.

  5         (2)(a)  Each county and each eligible municipality

  6  participating in the State Housing Initiatives Partnership

  7  Program shall should encourage the involvement of appropriate

  8  public sector and private sector entities as partners in order

  9  to combine resources to reduce housing costs for the targeted

10  population. This partnership process should may involve:

11         1.  Lending institutions.

12         2.  Housing builders and developers.

13         3.  Nonprofit and other community-based housing and

14  service organizations.

15         4.  Providers of professional services relating to

16  affordable housing.

17         5.  Advocates for low-income persons.

18         6.  Real estate professionals.

19         7.5.  Other persons or entities who can assist in

20  providing housing or related support services.

21         (b)  The specific participants in partnership

22  activities may vary according to the community's resources and

23  the nature of the local housing assistance plan program.

24         (3)  Each local housing assistance plan program is

25  governed by the following criteria and administrative

26  procedures:

27         (a)  Each county, eligible municipality, or entity

28  formed through interlocal agreement to participate in the

29  State Housing Initiatives Partnership Program must develop a

30  qualification system and selection criteria for applications

31  for awards by eligible sponsors, and adopt criteria for the

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  1  selection of eligible persons, and eligible sponsors and adopt

  2  a maximum award schedule or system of amounts consistent with

  3  the intent and budget of its local housing assistance plan,

  4  with program and ss. 420.907-420.9079, and with corporation

  5  rule.

  6         (b)  The county or eligible municipality or its

  7  administrative representative shall advertise the notice of

  8  funding availability of a housing assistance program in a

  9  newspaper of general circulation and periodicals serving

10  ethnic and diverse neighborhoods, at least 30 days before the

11  beginning of the application period. If no funding is

12  available due to a waiting list, no notice of funding

13  availability is required.

14         (c)  In accordance with the provisions of ss.

15  760.20-760.37, it is unlawful to discriminate on the basis of

16  race, creed, religion, color, age, sex, marital status,

17  familial status, national origin, or handicap in the award

18  application process for eligible housing.

19         (d)  As a condition of receipt of an award, the

20  eligible sponsor or eligible person must contractually commit

21  to comply with the affordable housing criteria provided under

22  ss. 420.907-420.9079 applicable to the affordable housing

23  objective of the award.  The plan program criteria adopted by

24  the county or eligible municipality must prescribe the

25  contractual obligations required to ensure compliance with

26  award conditions.

27         (e)  The staff or entity that has administrative

28  authority for implementing a local housing assistance plan

29  program assisting rental developments shall annually monitor

30  and determine tenant eligibility.

31         (4)  The following criteria apply to awards made to

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  eligible sponsors or eligible persons for the purpose of

  2  providing eligible housing:

  3         (a)  At least 65 percent of the funds made available in

  4  each county and eligible municipality from the local housing

  5  distribution must be reserved for home ownership homeownership

  6  for eligible persons.

  7         (b)  At least 75 percent of the funds made available in

  8  each county and eligible municipality from the local housing

  9  distribution must be reserved for construction,

10  rehabilitation, or emergency repair of affordable, eligible

11  housing.

12         (c)  The sales price or value of new or existing

13  eligible housing may not exceed 90 percent of the median area

14  purchase price in the area where the eligible housing is

15  located, as established by the United States Department of

16  Treasury in accordance with s. 3(b)(2) of the United States

17  Housing Act of 1937.

18         (d)  All units constructed, rehabilitated, or otherwise

19  assisted with the funds provided from the local housing

20  assistance trust fund program must be occupied by

21  very-low-income persons, low-income persons, and

22  moderate-income persons. At least 30 percent of the funds

23  deposited into the local housing assistance trust fund must be

24  reserved for awards to must be occupied by very-low-income

25  persons or eligible sponsors who will serve very-low-income

26  persons and at least an additional 30 percent of the funds

27  deposited into the local housing assistance trust fund must be

28  reserved for awards to by low-income persons or eligible

29  sponsors who will serve low-income persons.

30         (e)  Loans shall be provided for periods not exceeding

31  30 years, except for deferred payment loans or loans that

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    Bill No. SB 2436

    Amendment No.    





  1  extend beyond 30 years which continue to serve eligible

  2  persons.

  3         (f)  Loans or grants for eligible rental housing

  4  constructed, rehabilitated, or otherwise assisted from the

  5  local housing assistance trust fund program moneys must be

  6  subject to recapture requirements as provided by the county or

  7  eligible municipality in its local housing assistance plan

  8  unless reserved for eligible persons for 15 years or the term

  9  of the assistance, whichever period is longer. Eligible

10  sponsors that offer rental housing for sale before 15 years or

11  that have remaining mortgages funded under this program must

12  give a first right of refusal to eligible nonprofit

13  organizations for purchase at the current market value for

14  continued occupancy by eligible persons recipients.

15         (g)  Loans or grants for eligible owner-occupied

16  housing constructed, rehabilitated, or otherwise assisted from

17  proceeds provided from the local housing assistance trust fund

18  program shall be subject to the long-term affordability and

19  recapture requirements as provided by the county or eligible

20  municipality in its local housing assistance plan.

21         (h)  The total amount of monthly mortgage payments or

22  the amount of monthly rent charged by the eligible sponsor or

23  his designee must be made affordable.

24         (i)  The maximum sales price or value cost per unit and

25  the maximum award cost per unit for eligible housing

26  benefiting from awards made pursuant to this section must be

27  established in the local housing assistance plan by

28  resolution.

29         (j)  The benefit of assistance provided through the

30  State Housing Initiatives Partnership Program must accrue to

31  eligible persons occupying eligible housing. This provision

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    Bill No. SB 2436

    Amendment No.    





  1  shall not be construed to prohibit use of the local housing

  2  distribution funds for a mixed-income rental development.

  3         (k)  Funds from the local housing distribution not used

  4  to meet the criteria established in paragraph (a) or paragraph

  5  (b) or not used for the administration of a local housing

  6  assistance plan program must be used for housing production

  7  and finance activities, including, but not limited to,

  8  financing the purchase of existing units, providing rental

  9  housing, and providing home ownership homeownership training

10  to prospective home buyers homebuyers and owners of homes

11  assisted through the local housing assistance plan program.

12  Notwithstanding the provisions of paragraphs (a) and (b),

13  program income as defined in s. 420.9071(24) may also be used

14  to fund activities described in this paragraph.

15

16  If both an award under the local housing assistance plan

17  program and federal low-income housing tax credits are used to

18  assist a project and there is a conflict between the criteria

19  prescribed in this subsection and the requirements of s. 42 of

20  the Internal Revenue Code of 1986, as amended, the county or

21  eligible municipality may resolve the conflict by giving

22  precedence to the requirements of s. 42 of the Internal

23  Revenue Code of 1986, as amended, in lieu of following the

24  criteria prescribed in this subsection with the exception of

25  paragraphs (a) and (d) of this subsection.

26         (5)  Each county or eligible municipality receiving

27  local housing distribution moneys shall establish and maintain

28  a local housing assistance trust fund.  All moneys of a county

29  or an eligible municipality received from its share of the

30  local housing distribution, program income, recaptured funds,

31  and other funds received or budgeted to implement provide the

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    Bill No. SB 2436

    Amendment No.    





  1  local housing assistance plan program shall be deposited into

  2  the trust fund; however, local housing distribution moneys

  3  used to match federal HOME program moneys may be repaid to the

  4  HOME program trust fund if required by federal law or

  5  regulations. Expenditures other than for the administration

  6  and implementation of the local housing assistance plan

  7  program may not be made from the trust fund.

  8         (6)  The moneys deposited in the local housing

  9  assistance trust fund shall be used to administer and

10  implement the local housing assistance plan program.  The cost

11  of administering the plan program may not exceed 5 percent of

12  the local housing distribution moneys and program income

13  deposited into the trust fund.  A county or an eligible

14  municipality may not exceed the 5-percent limitation on

15  administrative costs, unless its governing body finds, by

16  resolution, that 5 percent of the local housing distribution

17  plus 5 percent of program income is insufficient to adequately

18  pay the necessary costs of administering the local housing

19  assistance plan program. The cost of administering the program

20  may not exceed 10 percent of the local housing distribution

21  plus 5 percent of program income deposited into the trust

22  fund, except that small counties, as defined in s. 120.52(17),

23  and eligible municipalities receiving a local housing

24  distribution of up to $350,000 may use up to 10 percent of

25  program income for administrative costs.

26         (7)  Pursuant to s. 420.606, the corporation department

27  shall provide technical assistance to local governments

28  regarding the creation of partnerships, the design of local

29  housing assistance strategies programs, the implementation of

30  local housing incentive strategies incentive plans, and the

31  provision of support services.

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    Bill No. SB 2436

    Amendment No.    





  1         (8)  The corporation department shall monitor the

  2  activities of local governments to determine compliance with

  3  program requirements and shall collect data on the operation

  4  and achievements of housing partnerships.

  5         (9)(8)  Each county or eligible municipality shall

  6  submit to the corporation department and to the agency by

  7  September November 15 of each year a report of its affordable

  8  housing programs and accomplishments through June 30

  9  immediately preceding submittal of the report. The report

10  shall be certified as accurate and complete by the local

11  government's chief elected official or his or her designee.

12  Transmittal of the annual report by a county's or eligible

13  municipality's chief elected official, or his or her designee,

14  certifies that the local housing incentive strategies, or, if

15  applicable, the local housing incentive plan, have been

16  implemented or are in the process of being implemented

17  pursuant to the adopted schedule for implementation.  The

18  report must include, but is not limited to:

19         (a)  The number of households served by income

20  category, age, family size, and race, and data regarding any

21  special needs populations such as farmworkers, rural

22  residents, homeless persons, and the elderly. Counties shall

23  report this information separately for households served in

24  the unincorporated area and each municipality within the

25  county.

26         (b)  The number of units and the average cost of

27  producing units under each local housing assistance strategy

28  program.

29         (c)  The average sales price or value of a

30  single-family unit and the amount of rent charged for a rental

31  unit based on unit size.

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    Bill No. SB 2436

    Amendment No.    





  1         (d)  By income category, the number of mortgages made,

  2  the average mortgage amount, and the rate of default.

  3         (e)  A description of the status of implementation of

  4  each local housing incentive strategy, or if applicable, the

  5  local the affordable housing incentive plan as set forth in

  6  the local government's adopted schedule for implementation and

  7  the resulting reduction in housing costs.

  8         (f)  A concise description of the support services that

  9  are available to the residents of affordable housing provided

10  by local programs.

11         (g)  The sales price or appraised value of housing

12  produced and an accounting of what percentage was financed by

13  the local housing distribution, other public moneys, and

14  private resources.

15         (h)  Such other data or affordable housing

16  accomplishments considered significant by the reporting county

17  or eligible municipality.

18         (10)(9)  The report shall be made available by the

19  county or eligible municipality local government for public

20  inspection and comment prior to certifying the report and

21  transmitting it to the corporation. The county or eligible

22  municipality shall provide notice of the availability of the

23  proposed report and solicit public comment. The notice must

24  state the public place where a copy of the proposed report can

25  be obtained by interested persons. Members of the public may

26  submit written comments on the report to the county or

27  eligible municipality and the corporation. Written public

28  comments shall identify the author by name, address, and

29  interest affected. The county or eligible municipality shall

30  attach a copy of all such written comments and its responses

31  to the annual report submitted to the corporation department.

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    Bill No. SB 2436

    Amendment No.    





  1         (11)(10)  The corporation agency shall review the

  2  report of each county or eligible municipality and any written

  3  comments from the public and include transmit any comments

  4  concerning the effectiveness of local programs in the report

  5  required by s. 420.511 to the department.

  6         (12)(a)(11)  If, as a result of the review of the

  7  annual such report or public comment and written response from

  8  the county or eligible municipality, or at any other time, the

  9  corporation agency or the department determines that a county

10  or eligible municipality may have established a pattern of

11  violation of the criteria for a local housing assistance plan

12  program established under ss. 420.907-420.9079 or that an

13  eligible sponsor or eligible person has violated the

14  applicable award conditions, the corporation agency or

15  department shall report such pattern of violation of criteria

16  or violation of award conditions to its compliance monitoring

17  agent and the Executive Office of the Governor and the

18  department's inspector general appointed pursuant to s.

19  20.055. The corporation's compliance monitoring agent

20  department's inspector general must determine within 60 days

21  whether the county or eligible municipality has violated

22  program criteria and shall issue a written report thereon. If

23  a violation has occurred, the distribution of program funds to

24  the county or eligible municipality must be suspended until

25  the violation is corrected.

26         (b)  If, as a result of its review of the annual

27  report, the corporation determines that a county or eligible

28  municipality has failed to implement a local housing incentive

29  strategy, or, if applicable, a local housing incentive plan,

30  it shall send a notice of termination of the local

31  government's share of the local housing distribution by

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    Bill No. SB 2436

    Amendment No.    





  1  certified mail to the affected county or eligible

  2  municipality.

  3         1.  The notice must specify a date of termination of

  4  the funding if the affected county or eligible municipality

  5  does not implement the plan or strategy and provide for a

  6  local response. A county or eligible municipality shall

  7  respond to the corporation within 30 days after receipt of the

  8  notice of termination.

  9         2.  The corporation shall consider the local response

10  that extenuating circumstances precluded implementation and

11  grant an extension to the timeframe for implementation. Such

12  an extension shall be made in the form of an extension

13  agreement that provides a timeframe for implementation. The

14  chief elected official of a county or eligible municipality or

15  his or her designee shall have the authority to enter into the

16  agreement on behalf of the local government.

17         3.  If the county or the eligible municipality has not

18  implemented the incentive strategy or entered into an

19  extension agreement by the termination date specified in the

20  notice, the local housing distribution share terminates, and

21  any uncommitted local housing distribution funds held by the

22  affected county or eligible municipality in its local housing

23  assistance trust fund shall be transferred to the Local

24  Government Housing Trust Fund to the credit of the corporation

25  to administer pursuant to s. 420.9078.

26         4.a.  If the affected local government fails to meet

27  the timeframes specified in the agreement, the corporation

28  shall terminate funds. The corporation shall send a notice of

29  termination of the local government's share of the local

30  housing distribution by certified mail to the affected local

31  government. The notice shall specify the termination date, and

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    Bill No. SB 2436

    Amendment No.    





  1  any uncommitted funds held by the affected local government

  2  shall be transferred to the Local Government Housing Trust

  3  Fund to the credit of the corporation to administer pursuant

  4  to s. 420.9078.

  5         b.  If the corporation terminates funds to a county,

  6  but an eligible municipality receiving a local housing

  7  distribution pursuant to an interlocal agreement maintains

  8  compliance with program requirements, the corporation shall

  9  thereafter distribute directly to the participating eligible

10  municipality its share calculated in the manner provided in s.

11  420.9072.

12         c.  Any county or eligible municipality whose local

13  distribution share has been terminated may subsequently elect

14  to receive directly its local distribution share by adopting

15  the ordinance, resolution, and local housing assistance plan

16  in the manner and according to the procedures provided in ss.

17  420.907-420.9079.

18         Section 38.  Section 420.9076, Florida Statutes, is

19  amended to read:

20         420.9076  Adoption of affordable housing incentive

21  strategies plans; committees.--

22         (1)  Each county or eligible municipality participating

23  in the State Housing Initiatives Partnership Program,

24  including a municipality receiving program funds through the

25  county, or an eligible municipality must, within 12 months

26  after the original adoption of the local housing assistance

27  plan, amend the plan to include local housing incentive

28  strategies as defined in s. 420.9071(16) adopt an affordable

29  housing incentive plan within 12 months after the date of

30  adoption of the ordinance by the county or eligible

31  municipality establishing a local housing assistance program.

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    Bill No. SB 2436

    Amendment No.    





  1         (2)  The governing board of a county or municipality

  2  shall appoint the members of the affordable housing advisory

  3  committee by resolution.  Pursuant to the terms of any

  4  interlocal agreement, a county and municipality may create and

  5  jointly appoint an advisory committee to prepare a joint plan.

  6  The ordinance adopted pursuant to s. 420.9072 s. 420.9075

  7  which creates the advisory committee or the resolution

  8  appointing the advisory committee members must provide for

  9  nine committee members and their terms. The committee must

10  include:

11         (a)  One citizen who is actively engaged in the

12  residential home building industry in connection with

13  affordable housing.

14         (b)  One citizen who is actively engaged in the banking

15  or mortgage banking industry in connection with affordable

16  housing.

17         (c)  One citizen who is a representative of those areas

18  of labor actively engaged in home building in connection with

19  affordable housing.

20         (d)  One citizen who is actively engaged designated as

21  an advocate for low-income persons in connection with

22  affordable housing.

23         (e)  One citizen who is actively engaged as a

24  for-profit a provider of affordable housing.

25         (f)  One citizen who is actively engaged as a

26  not-for-profit provider of affordable housing.

27         (g)(f)  One citizen who is actively engaged as a real

28  estate professional in connection with affordable housing.

29         (h)  One citizen who actively serves on the local

30  planning agency pursuant to s. 163.3174.

31         (i)  One citizen who resides within the jurisdiction of

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  the local governing body making the appointments.

  2

  3  If a county or eligible municipality whether due to its small

  4  size, the presence of a conflict of interest by prospective

  5  appointees, or other reasonable factor, is unable to appoint a

  6  citizen actively engaged in these activities in connection

  7  with affordable housing, a citizen engaged in the activity

  8  without regard to affordable housing may be appointed.

  9         (3)  All meetings of the advisory committee are public

10  meetings, and all committee records are public records.

11  Staff, administrative, and facility support to the advisory

12  committee shall be provided by the appointing county or

13  eligible municipality.

14         (4)  The resolution creating and appointing the

15  advisory committee must define affordable housing as

16  applicable to the county and municipality in a way that is

17  consistent with the adopted local comprehensive plan.  The

18  advisory committee shall review the established policies and

19  procedures, ordinances, land development regulations, and

20  adopted local government comprehensive plan of the appointing

21  local government and shall recommend specific initiatives to

22  encourage or facilitate affordable housing while protecting

23  the ability of the property to appreciate in value. Such

24  recommendations may include the modification or repeal of

25  existing policies, procedures, ordinances, regulations, or

26  plan provisions; the creation of exceptions applicable to

27  affordable housing; or the adoption of new policies,

28  procedures, regulations, ordinances, or plan provisions.  At a

29  minimum, each advisory committee shall make recommendations on

30  affordable housing incentives in the following areas:

31         (a)  The affordable housing definition in the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  appointing resolution.

  2         (a)(b)  The expedited processing of approvals of

  3  development orders or permits, as defined in s. 163.3164(7)

  4  and (8), for affordable housing projects is expedited to a

  5  greater degree than other projects.

  6         (b)(c)  The modification of impact-fee requirements,

  7  including reduction or waiver of fees and alternative methods

  8  of fee payment for affordable housing.

  9         (c)(d)  The allowance of increased density levels for

10  affordable housing.

11         (d)(e)  The reservation of infrastructure capacity for

12  housing for very-low-income persons and low-income persons.

13         (e)  The allowance of affordable accessory residential

14  units in residential zoning districts.

15         (f)  The transfer of development rights as a financing

16  mechanism for housing for very-low-income persons and

17  low-income persons.

18         (f)(g)  The reduction of parking and setback

19  requirements for affordable housing.

20         (g)(h)  The allowance of zero-lot-line configurations

21  for affordable housing.

22         (h)(i)  The modification of street requirements for

23  affordable housing.

24         (i)(j)  The establishment of a process by which a local

25  government considers, before adoption, policies, procedures,

26  ordinances, regulations, or plan provisions that increase have

27  a significant impact on the cost of housing.

28         (j)(k)  The preparation of a printed inventory of

29  locally owned public lands suitable for affordable housing.

30

31  The advisory committee recommendations must also include other

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  affordable housing incentives identified by the advisory

  2  committee. To the maximum extent feasible, the approved

  3  affordable housing incentive recommendations submitted to the

  4  governing board of the appointing county or eligible

  5  municipality must quantify the affordable housing cost

  6  reduction anticipated from implementing the specific

  7  recommendation.

  8         (5)  The approval by the advisory committee of its

  9  local affordable housing incentive strategies recommendations

10  must be made by affirmative vote of a majority of the

11  membership of the advisory committee taken at a public

12  hearing.  Notice of the time, date, and place of the public

13  hearing of the advisory committee to adopt final local

14  affordable housing incentive strategies recommendations must

15  be published in a newspaper of general paid circulation in the

16  county. Such notice must contain a short and concise summary

17  of the local housing incentives strategies affordable housing

18  initiative recommendations to be considered by the advisory

19  committee.  The notice must state the public place where a

20  copy of the tentative advisory committee recommendations can

21  be obtained by interested persons.

22         (6)  Within 90 days after the date of receipt of the

23  local affordable housing incentive strategies recommendations

24  from the advisory committee, the governing body of the

25  appointing local government shall adopt an amendment to its

26  local housing assistance plan to incorporate the local housing

27  incentive strategies it will implement within its jurisdiction

28  affordable housing incentive plan.  The amendment Such plan

29  must consist of the adoption of specific initiatives to

30  encourage or facilitate affordable housing and a schedule for

31  implementation and must include, at a minimum, the local

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  housing incentive strategies as defined in s. 420.9071(16) a

  2  schedule for implementation of expedited permit processing for

  3  affordable housing projects and a process for review of local

  4  policies, ordinances, regulations, and plan provisions that

  5  significantly impact the cost of housing prior to their

  6  adoption.

  7         (7)  The governing board of the county or the eligible

  8  municipality shall notify the corporation agency by certified

  9  mail of its adoption of an amendment of its local housing

10  assistance plan to incorporate local housing incentive

11  strategies affordable housing incentive plan.  The notice must

12  include a copy of the approved amended plan.

13         (a)  If the corporation agency fails to receive timely

14  the approved amended local housing assistance plan to

15  incorporate local housing incentive strategies affordable

16  housing incentive plan, a notice of termination of its share

17  of the local housing distribution shall be sent by certified

18  mail by the corporation agency to the affected county or

19  eligible municipality. The notice of termination must specify

20  a date of termination of the funding if the affected county or

21  eligible municipality has not adopted an amended local housing

22  assistance plan to incorporate local housing incentive

23  strategies affordable housing incentive plan.  If the county

24  or the eligible municipality has not adopted an amended local

25  housing assistance plan to incorporate local housing incentive

26  strategies affordable housing incentive plan by the

27  termination date specified in the notice of termination, the

28  local distribution share terminates; and any uncommitted local

29  distribution funds held by the affected county or eligible

30  municipality in its local housing assistance trust fund shall

31  be transferred to the Local Government State Housing Trust

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  Fund to the credit of the corporation agency to administer the

  2  local government housing program pursuant to s. 420.9078.

  3         (b)  If a county fails to timely adopt an amended local

  4  housing assistance plan to incorporate local housing incentive

  5  strategies affordable housing incentive plan but an eligible

  6  municipality receiving a local housing distribution pursuant

  7  to an interlocal agreement within the county does timely adopt

  8  an amended local housing assistance plan to incorporate local

  9  housing incentive strategies a plan, the corporation agency,

10  after receipt of a notice of termination, shall thereafter

11  distribute directly to the participating eligible municipality

12  its share calculated in the manner provided in s. 420.9072 s.

13  420.9071.

14         (c)  Any county or eligible municipality whose local

15  distribution share has been terminated may subsequently elect

16  to receive directly its local distribution share by adopting

17  an amended local housing assistance plan to incorporate local

18  housing incentive strategies affordable housing incentive plan

19  in the manner and according to the procedure provided in this

20  section and by adopting an ordinance in the manner required in

21  s. 420.9072.

22         Section 39.  Section 420.9078, Florida Statutes, is

23  amended to read:

24         420.9078  State administration of remaining local

25  housing distribution funds.--When appropriated funds remain in

26  the Local Government Housing Trust Fund, the corporation shall

27  distribute the remaining funds as follows:

28         (1)  The corporation shall distribute all remaining

29  funds proportionately as provided in s. 420.9073(2)(b) among

30  counties and eligible municipalities for which an emergency or

31  natural disaster has been declared by executive order and

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  which have an approved local housing assistance plan to

  2  implement a local housing assistance strategy, consistent with

  3  ss. 420.907-420.9079, for repairing and replacing housing

  4  damaged as a result of the emergency or natural disaster.

  5         (2)  If subsection (1) does not apply, the corporation

  6  shall distribute the remaining funds proportionately as

  7  provided in s. 420.9072 and s. 420.9073(2)(b) among all

  8  counties and eligible municipalities that have fully expended

  9  their local housing distributions for the immediately

10  preceding state fiscal year on eligible activities and have an

11  approved local housing assistance plan. A county or eligible

12  municipality that receives local housing distributions

13  pursuant to this paragraph shall expend those funds in

14  accordance with the provisions of ss. 420.907-420.9079,

15  corporation rule, and its local housing assistance plan.

16         (1)  With that portion of the documentary stamp tax

17  moneys remaining in the Local Government Housing Trust Fund

18  pursuant to s. 420.9072(6), the agency shall administer an

19  affordable housing production program for counties,

20  municipalities, and eligible sponsors in conformity with the

21  criteria prescribed in s. 420.9075.

22         (2)  The agency shall, in cooperation with the

23  department, provide by rule for a scoring system for

24  evaluating applications submitted under the program.  The

25  scoring system must include the following factors:

26         (a)  The existence of a local housing partnership.

27         (b)  For a county or eligible municipality, the extent

28  to which the local government applicant has adopted, in land

29  development regulations, incentives to encourage or facilitate

30  affordable housing.

31         (c)  The extent to which the requested project will

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  provide eligible housing.

  2         (d)  The amount of project funds other than the

  3  requested moneys.

  4         (e)  The provision of or assistance in securing support

  5  services for housing program beneficiaries, which may include:

  6         1.  Counseling to prepare persons for homeownership,

  7  which may address personal budgeting, home inspection and

  8  maintenance, the fundamentals of home mortgages and insurance,

  9  and other pertinent topics.

10         2.  Counseling to assist tenants in improving their

11  economic well-being, which may address educational

12  opportunities, job placement, management of personal finances,

13  and related concerns.

14         3.  Providing social services, including day care,

15  health care, and transportation.

16         (f)  Sponsor's agreement to reserve the units for

17  persons or families who have incomes below 50 percent of the

18  state or local median income, whichever is higher, for a time

19  period that exceeds the minimum required by federal law or the

20  provisions of ss. 420.907-420.9079.

21         (g)  Sponsor's agreement to reserve more than:

22         1.  Twenty percent of the units in the project for

23  persons or families who have incomes that do not exceed 50

24  percent of the state median income or local median income,

25  whichever is higher; or

26         2.  Forty percent of the units in the project for

27  persons or families who have incomes that do not exceed 60

28  percent of the state median income or local median income,

29  whichever is higher, without requiring a greater amount of the

30  loans as provided in this section.

31         (3)  The rule must provide for the establishment of a

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  review committee composed of agency and department staff

  2  members. Department staff members shall be appointed by the

  3  secretary of the department.

  4         (4)  The rule must provide measures to be applied if

  5  there is a documented failure to perform in accordance with

  6  the award contract.

  7         (5)  At least 60 days before the application deadline,

  8  the agency must publish a notice of fund availability in a

  9  publication of general circulation throughout the state.

10         Section 40.  Section 420.9079, Florida Statutes, is

11  amended to read:

12         420.9079  Local Government Housing Trust Fund.--

13         (1)  There is created in the State Treasury the Local

14  Government Housing Trust Fund, which shall be administered by

15  the corporation on behalf of the department agency according

16  to the provisions of ss. 420.907-420.9078 and this section.

17  There shall be deposited into the fund a portion of the

18  documentary stamp tax revenues as provided in s. 201.15,

19  moneys received from any other source for the purposes of ss.

20  420.907-420.9078 and this section, and all proceeds derived

21  from the investment use of such moneys.  Moneys in the trust

22  fund that are not currently needed for the purposes of the

23  programs administered pursuant to ss. 420.907-420.9078 and

24  this section shall be deposited with the Treasurer to the

25  credit of the trust fund and may be invested as provided by

26  law.  The interest received on any such investment shall be

27  credited to the trust fund.

28         (2)  The corporation shall administer the fund

29  exclusively for the purpose of implementing the programs

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

31  exception of monitoring the activities of counties and

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  eligible municipalities to determine local compliance with

  2  program requirements, the corporation shall not receive

  3  appropriations from the fund for administrative or personnel

  4  costs. For the purpose of implementing the compliance

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

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

  7  funding is appropriated, the corporation shall deduct the

  8  amount appropriated prior to calculating the local housing

  9  distribution pursuant to ss. 420.9072 and 420.9073.

10         Section 41.  Sections 420.5085 and 420.5094, Florida

11  Statutes, are repealed.

12         Section 42.  Subsection (4) of section 239.505, Florida

13  Statutes, 1996 Supplement, is amended to read:

14         239.505  Florida constructive youth programs.--

15         (4)  FUNDING.--Each district school board or community

16  college board of trustees wishing to implement a constructive

17  youth program must submit a comprehensive plan to the

18  Department of Education no later than October 1 of the

19  preceding school year, which plan must include a list of all

20  funding sources, including, but not limited to:

21         (a)  Funds available for programs authorized under the

22  Dropout Prevention Act, as provided in s. 230.2316, and

23  dropout prevention programs funded pursuant to the provisions

24  of s. 236.081(1)(c).

25         (b)  The Vocational Improvement Program, as provided in

26  s. 239.225.

27         (c)  Florida private sector and education partnerships,

28  as provided in s. 229.602.

29         (d)  The Job Training Partnership Act, as provided in

30  Pub. L. No. 97-300, as it may be amended.

31         (e)  The Housing Predevelopment Trust Fund, as provided

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  in s. 420.525.

  2         (f)  Local government contributions.

  3         (g)  Appropriations, donations, gifts, and grants from

  4  private individuals or corporations.

  5         (h)  Grants provided by the United States Department of

  6  Housing and Urban Development.

  7         (i)  Grants provided by the United States Department of

  8  Agriculture - Rural Development Farmers Home Administration.

  9         (j)  Any grant or other financial assistance from the

10  Federal Government for or in aid of any dropout prevention or

11  retrieval, adult education, community education, career

12  education, housing, neighborhood renewal or revitalization, or

13  historic restoration or preservation project or program.

14         (k)  Any grant or other financial assistance from the

15  state for or in aid of any dropout prevention or retrieval,

16  adult education, community education, career education,

17  housing, neighborhood renewal or revitalization, or historic

18  restoration or preservation project or program.

19         Section 43.  Subsection (5) of section 381.0081,

20  Florida Statutes, is amended read:

21         381.0081  Permit required to operate a migrant labor

22  camp or residential migrant housing; penalties for unlawful

23  establishment or operation; allocation of proceeds.--

24         (5)  SEIZURE.--

25         (a)  In addition to other penalties provided by this

26  section, the buildings, personal property, and land used in

27  connection with a felony violation of this section may be

28  seized and forfeited pursuant to the Contraband Forfeiture

29  Act.

30         (b)  After satisfying any liens on the property, the

31  remaining proceeds from the sale of the property seized under

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  this section shall be allocated as follows if the department

  2  participated in the inspection or investigation leading to

  3  seizure and forfeiture under this section:

  4         1.  One-third of the proceeds shall be allocated to the

  5  law enforcement agency involved in the seizure, to be used as

  6  provided in s. 932.7055.

  7         2.  One-third of the proceeds shall be allocated to the

  8  department, to be used for purposes of enforcing the

  9  provisions of this section.

10         3.  One-third of the proceeds shall be deposited in the

11  State Apartment Incentive Loan Trust Fund, to be used for the

12  purpose of providing funds to sponsors who provide housing for

13  farmworkers.

14         (c)  After satisfying any liens on the property, the

15  remaining proceeds from the sale of the property seized under

16  this section shall be allocated equally between the law

17  enforcement agency involved in the seizure and the State

18  Apartment Incentive Loan Trust Fund if the department did not

19  participate in the inspection or investigation leading to

20  seizure and forfeiture.

21         Section 44.  This act shall take effect July 1, 1997,

22  provided that a transitional period shall occur prior to the

23  transfer of all assets and liabilities from the agency to the

24  corporation on January 1, 1998. During this transitional

25  period, by action of the members of the agency on the

26  corporation's behalf, the corporation shall be entitled to

27  execute contracts as an entity in organization and do any

28  other things necessary to assist in the formal establishment

29  of the corporation as a working organization on January 1,

30  1998. The agency's auditors shall conduct a final audit of the

31  agency for the period beginning July 1, 1997, and ending

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1  December 31, 1997, and the corporation's auditors shall

  2  conduct an audit of the corporation for the period beginning

  3  January 1, 1998, and ending June 30, 1998. The agency shall be

  4  entitled to expend unencumbered amounts deposited into the

  5  Florida Housing Finance Agency Trust Fund for payment of

  6  transition and start-up costs with respect to the

  7  establishment of the corporation.

  8

  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to affordable housing; amending

17         s. 420.0003, F.S.; revising provisions relating

18         to implementation of the State Housing

19         Strategy; amending s. 420.0005, F.S.; providing

20         directions for use of the State Housing Trust

21         Fund; creating s. 420.0006, F.S.; directing the

22         Secretary of Community Affairs to contract with

23         the Florida Housing Finance Corporation to

24         provide affordable housing; amending s.

25         420.501, F.S.; conforming terminology; amending

26         s. 420.502, F.S.; providing legislative

27         findings; amending s. 420.503, F.S.; defining

28         terms; amending s. 420.504, F.S.; renaming the

29         Florida Housing Finance Agency as the Florida

30         Housing Finance Corporation; specifying its

31         status as a public corporation; revising

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         membership of its board of directors; providing

  2         liability of members; amending s. 420.505,

  3         F.S.; conforming terminology; amending s.

  4         420.506, F.S.; providing employment conditions

  5         for the executive director and other employees;

  6         creating s. 420.5061, F.S.; providing for the

  7         transfer of agency assets and liabilities;

  8         amending s. 420.507, F.S.; providing powers of

  9         the corporation; amending s. 420.508, F.S.;

10         revising requirements relating to security for

11         loans and bonds; establishing the Florida

12         Housing Corporation Fund; amending s. 420.5087,

13         F.S.; renaming and revising the status of the

14         State Apartment Incentive Loan Trust Fund and

15         transferring amounts to the renamed fund;

16         conforming terminology; amending s. 420.5088,

17         F.S.; renaming and revising the status of the

18         Florida Homeownership Assistance Trust Fund and

19         transferring amounts to the renamed fund;

20         conforming terminology; amending s. 420.5089,

21         F.S.; renaming and revising the status of the

22         HOME Partnership Trust Fund and transferring

23         amounts to the renamed fund; eliminating pilot

24         programs; amending s. 420.509, F.S.; providing

25         conditions for the issuance of bonds by the

26         corporation; amending ss. 420.5091 and

27         420.5092, F.S.; conforming terminology;

28         amending s. 420.5099, F.S.; providing for

29         allocation of the low-income housing tax

30         credit; amending s. 420.51, F.S.; conforming

31         terminology; amending s. 420.511, F.S.;

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    Bill No. SB 2436

    Amendment No.    





  1         directing the corporation to develop a business

  2         plan and a strategic plan and make annual

  3         reports and providing for submission of an

  4         audit with the annual report; amending s.

  5         420.512, F.S.; providing for standards of

  6         conduct and conflicts of interest; amending s.

  7         420.513, F.S.; providing for exemption from

  8         taxes; amending ss. 420.514 and 420.523, F.S.;

  9         conforming terminology; creating s. 420.517,

10         F.S.; providing for affordable housing and job

11         training coordination; amending s. 420.525,

12         F.S.; renaming and revising the status of the

13         Housing Predevelopment Trust Fund and

14         transferring amounts to the renamed fund;

15         amending ss. 420.526, 420.527, 420.528, and

16         420.529, F.S.; conforming terminology; amending

17         s. 420.602, F.S.; defining terms; amending s.

18         420.606, F.S.; providing for training and

19         technical assistance; amending s. 420.9071,

20         F.S.; defining terms for the State Housing

21         Initiatives Partnership Program; amending s.

22         420.9072, F.S.; revising requirements for the

23         State Housing Initiative Partnership Program;

24         amending s. 420.9073, F.S.; raising the

25         guaranteed minimum allocation; amending s.

26         420.9075, F.S.; providing for local housing

27         assistance plans; amending s. 420.9076, F.S.;

28         providing for the adoption of local housing

29         incentive strategies; amending ss. 420.9078 and

30         420.9079, F.S.; providing for the

31         administration of and distribution from the

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                                                  SENATE AMENDMENT

    Bill No. SB 2436

    Amendment No.    





  1         Local Government Housing Trust Fund; repealing

  2         s. 420.5085, F.S., relating to energy

  3         conservation loans; repealing s. 420.5094,

  4         F.S., relating to the single-family mortgage

  5         revenue bond program; amending ss. 239.505 and

  6         381.0081, F.S.; conforming terminology;

  7         providing for transition; providing an

  8         effective date.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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