House Bill 3287

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    Florida House of Representatives - 1998                HB 3287

        By Representative Gay






  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

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

  4         certain provisions to the State Housing Fund;

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

  6         additional requirement for contracts with the

  7         Florida Housing Finance Corporation; providing

  8         duties of the Comptroller relating to certain

  9         advances to the corporation; amending s.

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

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

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

13         providing the corporation with limited benefits

14         of sovereign immunity; deleting a definition;

15         amending s. 420.507, F.S.; including services

16         within certain procurement requirement

17         provisions; authorizing the corporation to

18         mortgage certain property; deleting a budget

19         limitation on certain programs; providing

20         additional powers of the corporation; amending

21         s. 420.5087, F.S.; clarifying application of

22         the state fiscal year; amending s. 420.5088,

23         F.S.; expanding availability of certain program

24         funds; amending s. 420.5089, F.S.; deleting a

25         requirement for certain program fund loan

26         commitments under certain circumstances;

27         amending s. 420.509, F.S.; clarifying

28         application of provisions for public sale of

29         corporation bonds; amending s. 420.511, F.S.;

30         revising requirements for the corporation's

31         business plan for affordable housing; amending

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  1         s. 420.512, F.S.; limiting application of a

  2         term for certain purposes; amending s. 420.528,

  3         F.S.; clarifying application to the

  4         corporation's fiscal year; amending s.

  5         420.9071, F.S.; correcting a cross reference;

  6         clarifying application to the corporation's

  7         fiscal year; amending ss. 420.9073 and

  8         420.9079, F.S.; clarifying application to the

  9         state fiscal year; repealing s. 420.504(8),

10         F.S., relating to certain liability of members

11         of the board of directors of the corporation;

12         providing an effective date.

13

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

15

16         Section 1.  Section 420.0005, Florida Statutes, is

17  amended to read:

18         420.0005  State Housing Trust Fund.--There is hereby

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

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

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

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

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

24  The fund shall be administered by the Florida Housing Finance

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

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

27  Legislature must, notwithstanding the provisions of chapter

28  216 or s. 420.504(3), be transferred quarterly in advance, to

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

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

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

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  1  the corporation upon certification by the Secretary of

  2  Community Affairs that the corporation is in compliance with

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

  4  secretary shall also include the split of funds among programs

  5  administered by the corporation and the department as

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

  7  Moneys advanced by the Comptroller must be deposited by the

  8  corporation into a separate fund established with a qualified

  9  public depository meeting the requirements of chapter 280 to

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

11  this chapter. Administrative and personnel costs incurred in

12  implementing this chapter may be paid from the State Housing

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

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

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

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

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

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

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

20  Moneys in the State Housing Fund which are not currently

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

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

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

24  Housing Fund.

25         Section 2.  Section 420.0006, Florida Statutes, is

26  amended to read:

27         420.0006  Authority to contract with corporation.--The

28  secretary of the department shall contract, notwithstanding

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

30  Housing Finance Corporation on a multiyear basis to stimulate,

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

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  1  contract must incorporate the performance measures required by

  2  s. 420.511 and must provide for monitoring compliance with the

  3  provisions of the corporation's strategic plan prepared in

  4  accordance with s. 420.511. The contract must provide that, in

  5  the event the corporation fails to comply with any of the

  6  performance measures required by s. 420.511, the secretary

  7  shall notify the Governor and shall refer the nonperformance

  8  to the department's inspector general for review and

  9  determination as to whether such failure is due to forces

10  beyond the corporation's control or whether such failure is

11  due to inadequate management of the corporation's resources.

12  Advances shall continue to be made pursuant to s. 420.0005

13  during the pendency of the review by the department's

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

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

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

17  inspector general shall provide recommendations regarding

18  solutions. The Governor is authorized to resolve any

19  differences of opinion with respect to performance under the

20  contract and may request to direct that advances continue in

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

22  management. The Comptroller shall approve the request absent a

23  finding by the Comptroller that continuing such advances would

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

25  Comptroller shall provide advances sufficient to meet the debt

26  service requirements of the corporation and sufficient to fund

27  contracts committing funds from the State Housing Trust Fund

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

29  this state. The department inspector general shall perform for

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

31

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  1  report to the secretary of the department.  The corporation

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

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

  4  Statutes, is amended to read:

  5         420.503  Definitions.--As used in this part, the term:

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

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

  8  public accounting firm, auditor, trustee bank, credit

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

10  services to the corporation which offers to perform or

11  performs services to the corporation or other provider for

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

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

14  officers, principals, and professional employees of the

15  service provider.

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

17  420.504, Florida Statutes, are amended to read:

18         420.504  Public corporation; creation, membership,

19  terms, expenses.--

20         (1)  There is created within the Department of

21  Community Affairs a public corporation and a public body

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

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

24  constitutional construction by the Legislature that the

25  Florida Housing Finance Corporation constitutes an

26  entrepreneurial public corporation organized to provide and

27  promote the public welfare by administering the governmental

28  function of financing or refinancing housing and related

29  facilities in Florida and that the corporation is not a

30  department of the executive branch of state government within

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

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  1  Constitution, but is functionally related to the Department of

  2  Community Affairs in which it is placed. The executive

  3  function of state government to be performed by the secretary

  4  of the department in the conduct of the business of the

  5  Florida Housing Finance Corporation must be performed pursuant

  6  to a an annual contract to monitor and set performance

  7  standards for the implementation of the business plan for the

  8  provision of housing approved for the corporation as provided

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

10  standards for the provision of affordable housing in Florida

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

12         (2)  The corporation is constituted as a public

13  instrumentality, and the exercise by the corporation of the

14  power conferred by this act is considered to be the

15  performance of an essential public function.  The corporation

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

17  corporation is subject to chapter 119, subject to exceptions

18  applicable to the corporation, and to the provisions of

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

20  provide notice of internal review committee meetings for

21  competitive proposals or procurement to applicants by mail or

22  facsimile rather than by means of publication. The corporation

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

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

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

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

27         (9)  The corporation, members of the corporation's

28  board of directors, and the corporation's officers and

29  employees shall be entitled to the benefits of sovereign

30  immunity, except to the extent otherwise expressly provided by

31  law. For purposes of this section, the term "recklessness"

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

  2  of a risk:

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

  4  known, to the member; and

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

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

  7  that harm would follow from the action or omission.

  8         Section 5.  Subsections (27), (29), and (30) of section

  9  420.507, Florida Statutes, are amended, and subsections (34)

10  and (35) are added to said section, to read:

11         420.507  Powers of the corporation.--The corporation

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

13  and effectuate the purposes and provisions of this part,

14  including the following powers which are in addition to all

15  other powers granted by other provisions of this part:

16         (27)  Notwithstanding the provisions of chapter 282 and

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

18  implement the purchase and procurement of materials and

19  services for use by the corporation.

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

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

22  the property without regard to the provisions of chapters 253

23  and 270.

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

25  department a budget request for purposes of the corporation,

26  which request shall, notwithstanding the provisions of chapter

27  216 and in accordance with s. 216.351, contain a request for

28  operational expenditures and separate requests for other

29  authorized corporation programs, each of which shall be

30  classified as a special category appropriation. The request

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

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

  2  approved operating budget therefor need not comply with s.

  3  216.181(7)-(9). The secretary is authorized to include within

  4  the department's budget request the corporation's budget

  5  request in the form as authorized by this section.

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

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

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

  9  applicant or affiliate of an applicant which has made a

10  material misrepresentation or engaged in fraudulent actions in

11  connection with any application for a corporation program.

12         Section 6.  Subsection (7) of section 420.5087, Florida

13  Statutes, is amended to read:

14         420.5087  State Apartment Incentive Loan

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

16  Incentive Loan Program for the purpose of providing first,

17  second, or other subordinated mortgage loans or loan

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

19  public entities, to provide housing affordable to

20  very-low-income persons.

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

22  corporation with a qualified public depository meeting the

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

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

25  administered by the corporation according to the provisions of

26  this program. Any amounts held in the State Apartment

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

28  1998, must be transferred to the corporation for deposit in

29  the State Apartment Incentive Loan Fund and the State

30  Apartment Incentive Loan Trust Fund must be closed. There

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

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

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

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

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

  5  and any other proceeds that would otherwise accrue pursuant to

  6  the activities conducted under the provisions of the State

  7  Apartment Incentive Loan Program shall be deposited in the

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

  9  Expenditures from the State Apartment Incentive Loan Fund

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

11  budget request or be subject to appropriation by the

12  Legislature.  If a loan commitment for program funds is

13  entered into during the state fiscal year for which the

14  program funds were appropriated, the funds shall continue to

15  be made available for use during the entire construction

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

17  which the loan commitment was entered.

18         Section 7.  Subsection (4) of section 420.5088, Florida

19  Statutes, is amended to read:

20         420.5088  Florida Homeownership Assistance

21  Program.--There is created the Florida Homeownership

22  Assistance Program for the purpose of assisting low-income

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

24  with below-market construction financing, by reducing the

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

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

27  reducing the monthly payment to an affordable amount for the

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

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

30  at closing if the property is sold or transferred.

31

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

  2  each fiscal year:

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

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

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

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

  7  and

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

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

10

11  If the application of these percentages would cause the

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

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

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

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

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

17  paragraph (c).

18         Section 8.  Subsection (1) of section 420.5089, Florida

19  Statutes, is amended to read:

20         420.5089  HOME Investment Partnership Program; HOME

21  fund.--

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

23  corporation with a qualified public depository meeting the

24  requirements of chapter 280 the HOME Investment Partnership

25  Fund, which shall be administered by the corporation according

26  to the provisions of the HOME Investment Partnership Program

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

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

29  1998, must be transferred to the corporation for deposit in

30  the HOME Investment Partnership Fund, whereupon the HOME

31  Partnership Trust Fund must be closed. There shall be

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  1  deposited into the fund moneys from the State Housing Trust

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

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

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

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

  6  otherwise accrue pursuant to the activities conducted under

  7  the provisions of the HOME Investment Partnership Program

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

  9  General Revenue Fund. Expenditures from the HOME Investment

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

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

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

13  entered into during the state fiscal year for which the

14  program funds were appropriated, the funds shall continue to

15  be made available for use during the entire construction

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

17  extends beyond the fiscal year in which the loan commitment

18  was entered.

19         Section 9.  Paragraph (a) of subsection (12) of section

20  420.509, Florida Statutes, is amended to read:

21         420.509  Bonds; purpose, terms, approval,

22  limitations.--

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

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

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

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

27  the corporation shall by official action at a public meeting

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

29  interest of the corporation, the corporation may negotiate for

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

31  underwriter or underwriters designated by the corporation. In

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  1  the official action authorizing the negotiated sale, the

  2  corporation shall provide specific findings as to the reasons

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

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

  5  prevailing market conditions that necessitate a negotiated

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

  7  sale of bonds, the managing underwriter, or financial

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

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

10  underwriter, a disclosure statement containing the following

11  information:

12         1.  An itemized list setting forth the nature and

13  estimated amounts of expenses to be incurred by the managing

14  underwriter in connection with the issuance of such bonds.

15  Notwithstanding the foregoing, any such list may include an

16  item for miscellaneous expenses, provided it includes only

17  minor items of expense which cannot be easily categorized

18  elsewhere in the statement.

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

20  compensation of any finders connected with the issuance of the

21  bonds.

22         3.  The amount of underwriting spread expected to be

23  realized.

24         4.  Any management fee charged by the managing

25  underwriter.

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

27  be paid by the managing underwriter in connection with the

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

29  it.

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

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

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  1         7.  Any other disclosure that the corporation may

  2  require.

  3

  4  This paragraph is not intended to restrict or prohibit the

  5  employment of professional services relating to bonds issued

  6  under this chapter.

  7         Section 10.  Subsections (1) and (3) of section

  8  420.511, Florida Statutes, are amended to read:

  9         420.511  Business plan; strategic plan; annual

10  report.--

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

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

13  shall not be inconsistent with the strategic plan prepared

14  pursuant to subsection (2) and shall contain performance

15  measures and specific performance targets for the following:

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

17  Floridians to access housing that is decent and affordable.

18         (b)  The continued availability and affordability of

19  housing financed by the corporation to target populations.

20         (c)  The availability of affordable financing programs,

21  including equity and debt products, and programs that reduce

22  gaps in conventional financing, to increase individual access

23  to housing and stimulate private production of affordable

24  housing.

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

26  affordable housing finance programs administered by the

27  corporation.

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

29  efficiencies in the delivery of affordable housing.

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

31  corporation's board of directors.

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  1

  2  The corporation shall also compile data on the stimulus of

  3  economic activity created by the affordable housing finance

  4  programs administered by the corporation.

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

  6  the presiding officers of each house of the Legislature,

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

  8  and detailed report setting forth:

  9         (a)  Its operations and accomplishments;

10         (b)  Its receipts and expenditures during its the

11  fiscal year in accordance with the categories or

12  classifications established by the corporation for its

13  operating and capital outlay purposes;

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

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

16  funds;

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

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

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

20  and

21         (e)  Information relating to the corporation's

22  activities in implementing the provisions of ss. 420.5087 and

23  420.5088.  The report required by this subsection shall

24  include, but not be limited to:

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

26  age, family size, and racial characteristics.

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

28         3.  The average cost of producing units under each

29  program.

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

31  financed under s. 420.5088.

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

  2  size on units financed under s. 420.5087.

  3         6.  The number of persons in rural communities served

  4  under each program.

  5         7.  The number of farmworkers served under each

  6  program.

  7         8.  The number of elderly persons served under each

  8  program.

  9         9.  The extent to which geographic distribution has

10  been achieved in accordance with the provisions of s.

11  420.5087.

12         10.  Any other information the corporation deems

13  appropriate.

14         Section 11.  Subsection (5) of section 420.512, Florida

15  Statutes, is amended to read:

16         420.512  Conflicts of interest.--

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

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

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

23  officers, principals, and professional employees of the

24  service provider.

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

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

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

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

29  of the State Board of Administration other than the Governor

30  in Florida while the service provider is included in an

31  applicant pool from which service providers are selected to

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  1  provide services to the corporation, while the service

  2  provider provides services to the corporation, and for the

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

  4  through the next general election for Governor.

  5         (b)  The service provider shall not participate in

  6  fundraising activities for or on behalf of candidates for

  7  Governor in Florida while the service provider is included in

  8  an applicant pool from which service providers are selected to

  9  provide services to the corporation, while the service

10  provider provides services to the corporation, and for the

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

12  through the next general election for Governor.

13         (c)  Service providers shall provide to the corporation

14  a statement that the service provider has not contributed to

15  candidates for Governor or contributed in excess of the

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

17  Board of Administration Cabinet position or engaged in

18  fundraising activities for or on behalf of candidates for

19  Governor in Florida since the effective date of this section

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

21  application to provide services to the corporation, whichever

22  period is shorter.

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

24  business solicitation communications with officers, members,

25  or covered employees of the corporation.

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

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

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

29  request a declaratory statement in accordance with the

30  applicable rule and s. 120.565.

31

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  1         (f)  If the corporation determines that a service

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

  3  shall consider the magnitude of the violation and whether

  4  there has been a pattern of violations in determining whether

  5  to terminate or decline to enter into contracts with the

  6  service provider.

  7         Section 12.  Subsection (2) of section 420.528, Florida

  8  Statutes, is amended to read:

  9         420.528  Rules; annual reports.--

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

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

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

13  sponsors, persons or families housed, projects initiated and

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

15  of each fiscal year of the corporation.

16         Section 13.  Subsections (4) and (23) of section

17  420.9071, Florida Statutes, are amended to read:

18         420.9071  Definitions.--As used in ss.

19  420.907-420.9079, the term:

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

21  defined under the Section 8 housing assistance payments

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

23  under the census long form for the recent available decennial

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

25  reporting under Internal Revenue Service Form 1040 for

26  individual federal annual income tax purposes. Counties and

27  eligible municipalities shall calculate income by projecting

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

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

30  household during the 12 months following the effective date of

31  the determination.

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

  2  estimate of population certified pursuant to s. 186.901 prior

  3  to the beginning of the state fiscal year.

  4         Section 14.  Subsection (3) of section 420.9073,

  5  Florida Statutes, is amended to read:

  6         420.9073  Local housing distributions.--

  7         (3)  Calculation of guaranteed amounts:

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

  9  be calculated for each state fiscal year by multiplying

10  $350,000 by a fraction, the numerator of which is the amount

11  of funds distributed to the Local Government Housing Trust

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

13  the total amount of funds distributed to the Local Government

14  Housing Trust Fund pursuant to s. 201.15.

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

16  be calculated for each state fiscal year by multiplying

17  $350,000 by a fraction, the numerator of which is the amount

18  of funds distributed to the Local Government Housing Trust

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

20  the total amount of funds distributed to the Local Government

21  Housing Trust Fund pursuant to s. 201.15.

22         Section 15.  Subsection (2) of section 420.9079,

23  Florida Statutes, is amended to read:

24         420.9079  Local Government Housing Trust Fund.--

25         (2)  The corporation shall administer the fund

26  exclusively for the purpose of implementing the programs

27  described in ss. 420.907-420.9078 and this 2ection. With the

28  exception of monitoring the activities of counties and

29  eligible municipalities to determine local compliance with

30  program requirements, the corporation shall not receive

31  appropriations from the fund for administrative or personnel

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  1  costs. For the purpose of implementing the compliance

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

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

  4  funding is appropriated, the corporation shall deduct the

  5  amount appropriated prior to calculating the local housing

  6  distribution pursuant to ss. 420.9072 and 420.9073.

  7         Section 16.  Subsection (8) of section 420.504, Florida

  8  Statutes, is repealed.

  9         Section 17.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Revises and clarifies provisions relating to the Florida
15    Housing Finance Corporation and the provision of
      affordable housing. See bill for details.
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