House Bill 3281

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    Florida House of Representatives - 1998                HB 3281

        By Representative Greene






  1                      A bill to be entitled

  2         An act relating to the Florida Housing Finance

  3         Corporation; amending s. 420.5099, F.S.;

  4         requiring that the corporation allocate a

  5         portion of low-income housing tax credits under

  6         the Internal Revenue Code to projects involving

  7         qualified nonprofit organizations; providing

  8         responsibilities of such organizations;

  9         defining such organizations; providing

10         applicability to certain previously approved

11         projects and requiring compliance; providing a

12         retroactive effective date.

13

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

15

16         Section 1.  Section 420.5099, Florida Statutes, is

17  amended to read:

18         420.5099  Allocation of the low-income housing tax

19  credit.--

20         (1)  The Florida Housing Finance Corporation is

21  designated the housing credit agency for the state within the

22  meaning of s. 42(h)(7)(A) of the Internal Revenue Code of 1986

23  and shall have the responsibility and authority to establish

24  procedures necessary for proper allocation and distribution of

25  low-income housing tax credits and shall exercise all powers

26  necessary to administer the allocation of such credits.

27         (2)(a)  Subject to the provisions of paragraph (b), the

28  corporation shall adopt allocation procedures that will ensure

29  the maximum use of available tax credits in order to encourage

30  development of low-income housing in the state, taking into

31  consideration the timeliness of the application, the location

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    Florida House of Representatives - 1998                HB 3281

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  1  of the proposed housing project, the relative need in the area

  2  for low-income housing and the availability of such housing,

  3  the economic feasibility of the project, and the ability of

  4  the applicant to proceed to completion of the project in the

  5  calendar year for which the credit is sought.

  6         (b)  With respect to set-aside programs for low-income

  7  housing projects, the corporation, in carrying out its

  8  responsibilities and obligations under s. 42 of the Internal

  9  Revenue Code, shall allocate at least 10 percent of the

10  allocation authority for any calendar year to projects

11  involving qualified nonprofit organizations. Once an

12  application is submitted by a nonprofit organization to the

13  corporation to qualify under the set-aside program, the

14  project must meet all requirements of s. 42(h)(5) of the

15  Internal Revenue Code and this paragraph, regardless of

16  whether more than 10 percent of the state's annual credits are

17  allocated to set-aside projects, through the entire applicable

18  compliance period, as defined in s. 42(i)(1) of the Internal

19  Revenue Code.  A "qualified nonprofit organization" means any

20  nonprofit organization which:

21         1.  Is described in s. 501(c)(3) or (4) of the Internal

22  Revenue Code;

23         2.  The corporation determines, prior to the allocation

24  of tax credits and at all times thereafter during the

25  compliance period, not to be affiliated with or controlled by

26  a for-profit organization;

27         3.  Owns an interest in the project, directly or

28  indirectly, and materially participates in the development and

29  operation of the project throughout the compliance period; and

30         4.  Has as one of its exempt purposes the fostering of

31  low-income housing.

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    Florida House of Representatives - 1998                HB 3281

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  1

  2  For purposes of this paragraph, control by a for-profit

  3  organization is present if the nonprofit organization

  4  guarantees any form of economic or financial benefit to a

  5  for-profit investor; guarantees the return of a for-profit

  6  investor's capital contribution to the partnership or venture

  7  or is otherwise required to fund operating deficits; or can be

  8  removed as a general partner from the partnership or venture

  9  in the absence of fraud or gross negligence.

10         (3)  The corporation may request such information from

11  applicants as will enable it to make the allocations according

12  to the guidelines set forth in subsection (2), including, but

13  not limited to, the information required to be provided the

14  corporation by chapter 9I-21, Florida Administrative Code.

15         (4)  The executive director of the corporation shall

16  administer the allocation procedures and determine allocations

17  on behalf of the corporation.  Any applicant disputing the

18  amount of an allocation or the denial of a request for an

19  allocation may request an appeal to the board of directors of

20  the corporation.

21         (5)  For purposes of implementing this program in

22  Florida and in assessing the property for ad valorem taxation

23  under s. 193.011, neither the tax credits, nor financing

24  generated by tax credits, shall be considered as income to the

25  property, and the rental income from rent restricted units in

26  a low-income tax credit development shall be recognized by the

27  property appraiser.

28         (6)  The corporation is authorized to expend fees

29  received in conjunction with the allocation of low-income

30  housing tax credits only for the purpose of administration of

31  the program, including private legal services which relate to

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    Florida House of Representatives - 1998                HB 3281

    512-146B-98






  1  interpretation of s. 42 of the Internal Revenue Code of 1986,

  2  as amended.

  3         Section 2.  This act applies to all low-income housing

  4  projects approved for the low-income housing tax credit on or

  5  after the date this act becomes a law, and to all previously

  6  approved low-income housing projects which are within the

  7  applicable compliance period, as defined by s. 42(i)(1) of the

  8  Internal Revenue Code, on or after January 1, 1997.  Any

  9  partnership or venture participating in such a previously

10  approved project with a qualified nonprofit organization under

11  a governing agreement that does not conform to this act must

12  amend or revise its governing agreement to conform to this act

13  by December 31, 1998, or the project will become ineligible

14  for the low-income housing tax credit.

15         Section 3.  This act shall take effect upon becoming a

16  law and shall apply retroactively to January 1, 1997.

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18            *****************************************

19                          HOUSE SUMMARY

20
      Requires that the Florida Housing Finance Corporation
21    allocate at least 10 percent of low-income housing tax
      credits annually under the Internal Revenue Code to
22    projects involving qualified nonprofit organizations, and
      defines such organizations. Provides for retroactive
23    application to certain previously approved projects.

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