House Bill 3287c1

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    Florida House of Representatives - 1998             CS/HB 3287

        By the Committee on Community Affairs and 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 is an instrumentality

14         of the state; deleting a definition; amending

15         s. 420.5061, F.S.; declaring the corporation a

16         state agency for certain purposes; amending s.

17         420.507, F.S.; including services within

18         certain procurement requirement provisions;

19         authorizing the corporation to mortgage certain

20         property; deleting a budget limitation on

21         certain programs; providing additional powers

22         of the corporation; amending s. 420.5087, F.S.;

23         clarifying application of the state fiscal

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

25         availability of certain program funds; amending

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

27         certain program fund loan commitments under

28         certain circumstances; amending s. 420.509,

29         F.S.; clarifying application of provisions for

30         public sale of corporation bonds; amending s.

31         420.511, F.S.; revising requirements for the

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  1         corporation's business plan for affordable

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

  3         application of a term for certain purposes;

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

  5         application to the corporation's fiscal year;

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

  7         reference; clarifying application to the

  8         corporation's fiscal year; amending ss.

  9         420.9073 and 420.9079, F.S.; clarifying

10         application to the state fiscal year; repealing

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

12         liability of members of the board of directors

13         of the corporation; providing an effective

14         date.

15

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

17

18         Section 1.  Section 420.0005, Florida Statutes, is

19  amended to read:

20         420.0005  State Housing Trust Fund.--There is hereby

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

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

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

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

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

26  The fund shall be administered by the Florida Housing Finance

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

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

29  Legislature must, notwithstanding the provisions of chapter

30  216 or s. 420.504(3), be transferred quarterly in advance, to

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

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

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

  3  the corporation upon certification by the Secretary of

  4  Community Affairs that the corporation is in compliance with

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

  6  secretary shall also include the split of funds among programs

  7  administered by the corporation and the department as

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

  9  Moneys advanced by the Comptroller must be deposited by the

10  corporation into a separate fund established with a qualified

11  public depository meeting the requirements of chapter 280 to

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

13  this chapter. Administrative and personnel costs incurred in

14  implementing this chapter may be paid from the State Housing

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

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

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

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

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

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

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

22  Moneys in the State Housing Fund which are not currently

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

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

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

26  Housing Fund.

27         Section 2.  Section 420.0006, Florida Statutes, is

28  amended to read:

29         420.0006  Authority to contract with corporation.--The

30  secretary of the department shall contract, notwithstanding

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

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  1  Housing Finance Corporation on a multiyear basis to stimulate,

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

  3  contract must incorporate the performance measures required by

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

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

  6  420.511. The contract must provide that, in the event the

  7  corporation fails to comply with any of the performance

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

  9  the Governor and shall refer the nonperformance to the

10  department's inspector general for review and determination as

11  to whether such failure is due to forces beyond the

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

13  inadequate management of the corporation's resources. Advances

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

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

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

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

18  inadequate management, the department's inspector general

19  shall provide recommendations regarding solutions. The

20  Governor is authorized to resolve any differences of opinion

21  with respect to performance under the contract and may request

22  to direct that advances continue in the event of a failure

23  under the contract due to inadequate management. The

24  Comptroller shall approve the request absent a finding by the

25  Comptroller that continuing such advances would adversely

26  impact the state; however, in any event the Comptroller shall

27  provide advances sufficient to meet the debt service

28  requirements of the corporation and sufficient to fund

29  contracts committing funds from the State Housing Trust Fund

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

31  this state. The department inspector general shall perform for

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

  2  report to the secretary of the department.  The corporation

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

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

  5  Statutes, is amended to read:

  6         420.503  Definitions.--As used in this part, the term:

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

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

  9  public accounting firm, auditor, trustee bank, credit

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

11  services to the corporation which offers to perform or

12  performs services to the corporation or other provider for

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

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

15  officers, principals, and professional employees of the

16  service provider.

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

18  420.504, Florida Statutes, are amended to read:

19         420.504  Public corporation; creation, membership,

20  terms, expenses.--

21         (1)  There is created within the Department of

22  Community Affairs a public corporation and a public body

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

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

25  constitutional construction by the Legislature that the

26  Florida Housing Finance Corporation constitutes an

27  entrepreneurial public corporation organized to provide and

28  promote the public welfare by administering the governmental

29  function of financing or refinancing housing and related

30  facilities in Florida and that the corporation is not a

31  department of the executive branch of state government within

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

  2  Constitution, but is functionally related to the Department of

  3  Community Affairs in which it is placed. The executive

  4  function of state government to be performed by the secretary

  5  of the department in the conduct of the business of the

  6  Florida Housing Finance Corporation must be performed pursuant

  7  to a an annual contract to monitor and set performance

  8  standards for the implementation of the business plan for the

  9  provision of housing approved for the corporation as provided

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

11  standards for the provision of affordable housing in Florida

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

13         (2)  The corporation is constituted as a public

14  instrumentality, and the exercise by the corporation of the

15  power conferred by this act is considered to be the

16  performance of an essential public function.  The corporation

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

18  corporation is subject to chapter 119, subject to exceptions

19  applicable to the corporation, and to the provisions of

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

21  provide notice of internal review committee meetings for

22  competitive proposals or procurement to applicants by mail or

23  facsimile rather than by means of publication. The corporation

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

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

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

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

28         (9)  The corporation is a corporation primarily acting

29  as an instrumentality of the state, within the meaning of s.

30  768.28. For purposes of this section, the term "recklessness"

31

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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.  Section 420.5061, Florida Statutes, is

  9  amended to read:

10         420.5061  Transfer of agency assets and

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

12  liabilities and rights and obligations, including any

13  outstanding contractual obligations, of the agency shall be

14  transferred to the corporation as legal successor in all

15  respects to the agency. The corporation shall thereupon become

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

17  agreements and be entitled to any rights and remedies

18  previously afforded the agency by law or contract, including

19  specifically the rights of the agency under chapter 201 and

20  part VI of chapter 159. The corporation is a state agency for

21  purposes of s. 159.807(4)(a). Effective January 1, 1998, all

22  references under Florida law to the agency are deemed to mean

23  the corporation. The corporation shall transfer to the General

24  Revenue Fund an amount which otherwise would have been

25  deducted as a service charge pursuant to s. 215.20(1) if the

26  Florida Housing Finance Corporation Fund established by s.

27  420.508(5), the State Apartment Incentive Loan Fund

28  established by s. 420.5087(7), the Florida Homeownership

29  Assistance Fund established by s. 420.5088(5), the HOME

30  Investment Partnership Fund established by s. 420.5089(1), and

31  the Housing Predevelopment Loan Fund established by s.

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  1  420.525(1) were each trust funds. For purposes of s. 112.313,

  2  the corporation is deemed to be a continuation of the agency,

  3  and the provisions thereof are deemed to apply as if the same

  4  entity remained in place. Any employees of the agency and

  5  agency board members covered by s. 112.313(9)(a)6. shall

  6  continue to be entitled to the exemption in that subparagraph,

  7  notwithstanding being hired by the corporation or appointed as

  8  board members of the corporation. Effective January 1, 1998,

  9  all state property in use by the agency shall be transferred

10  to and become the property of the corporation.

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

12  420.507, Florida Statutes, are amended, and subsections (34)

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

14         420.507  Powers of the corporation.--The corporation

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

16  and effectuate the purposes and provisions of this part,

17  including the following powers which are in addition to all

18  other powers granted by other provisions of this part:

19         (27)  Notwithstanding the provisions of chapter 282 and

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

21  implement the purchase and procurement of materials and

22  services for use by the corporation.

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

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

25  the property without regard to the provisions of chapters 253

26  and 270.

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

28  department a budget request for purposes of the corporation,

29  which request shall, notwithstanding the provisions of chapter

30  216 and in accordance with s. 216.351, contain a request for

31  operational expenditures and separate requests for other

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  1  authorized corporation programs, each of which shall be

  2  classified as a special category appropriation. The request

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

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

  5  approved operating budget therefor need not comply with s.

  6  216.181(7)-(9). The secretary is authorized to include within

  7  the department's budget request the corporation's budget

  8  request in the form as authorized by this section.

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

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

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

12  applicant or affiliate of an applicant which has made a

13  material misrepresentation or engaged in fraudulent actions in

14  connection with any application for a corporation program.

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

16  Statutes, is amended to read:

17         420.5087  State Apartment Incentive Loan

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

19  Incentive Loan Program for the purpose of providing first,

20  second, or other subordinated mortgage loans or loan

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

22  public entities, to provide housing affordable to

23  very-low-income persons.

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

25  corporation with a qualified public depository meeting the

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

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

28  administered by the corporation according to the provisions of

29  this program. Any amounts held in the State Apartment

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

31  1998, must be transferred to the corporation for deposit in

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  1  the State Apartment Incentive Loan Fund and the State

  2  Apartment Incentive Loan Trust Fund must be closed. There

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

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

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

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

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

  8  and any other proceeds that would otherwise accrue pursuant to

  9  the activities conducted under the provisions of the State

10  Apartment Incentive Loan Program shall be deposited in the

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

12  Expenditures from the State Apartment Incentive Loan Fund

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

14  budget request or be subject to appropriation by the

15  Legislature.  If a loan commitment for program funds is

16  entered into during the state fiscal year for which the

17  program funds were appropriated, the funds shall continue to

18  be made available for use during the entire construction

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

20  which the loan commitment was entered.

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

22  Statutes, is amended to read:

23         420.5088  Florida Homeownership Assistance

24  Program.--There is created the Florida Homeownership

25  Assistance Program for the purpose of assisting low-income

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

27  with below-market construction financing, by reducing the

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

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

30  reducing the monthly payment to an affordable amount for the

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

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

  2  at closing if the property is sold or transferred.

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

  4  each fiscal year:

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

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

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

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

  9  and

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

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

12

13  If the application of these percentages would cause the

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

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

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

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

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

19  paragraph (c).

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

21  Statutes, is amended to read:

22         420.5089  HOME Investment Partnership Program; HOME

23  fund.--

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

25  corporation with a qualified public depository meeting the

26  requirements of chapter 280 the HOME Investment Partnership

27  Fund, which shall be administered by the corporation according

28  to the provisions of the HOME Investment Partnership Program

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

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

31  1998, must be transferred to the corporation for deposit in

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  1  the HOME Investment Partnership Fund, whereupon the HOME

  2  Partnership Trust Fund must be closed. There shall be

  3  deposited into the fund moneys from the State Housing Trust

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

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

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

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

  8  otherwise accrue pursuant to the activities conducted under

  9  the provisions of the HOME Investment Partnership Program

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

11  General Revenue Fund. Expenditures from the HOME Investment

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

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

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

15  entered into during the state fiscal year for which the

16  program funds were appropriated, the funds shall continue to

17  be made available for use during the entire construction

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

19  extends beyond the fiscal year in which the loan commitment

20  was entered.

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

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

23         420.509  Bonds; purpose, terms, approval,

24  limitations.--

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

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

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

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

29  the corporation shall by official action at a public meeting

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

31  interest of the corporation, the corporation may negotiate for

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

  2  underwriter or underwriters designated by the corporation. In

  3  the official action authorizing the negotiated sale, the

  4  corporation shall provide specific findings as to the reasons

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

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

  7  prevailing market conditions that necessitate a negotiated

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

  9  sale of bonds, the managing underwriter, or financial

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

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

12  underwriter, a disclosure statement containing the following

13  information:

14         1.  An itemized list setting forth the nature and

15  estimated amounts of expenses to be incurred by the managing

16  underwriter in connection with the issuance of such bonds.

17  Notwithstanding the foregoing, any such list may include an

18  item for miscellaneous expenses, provided it includes only

19  minor items of expense which cannot be easily categorized

20  elsewhere in the statement.

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

22  compensation of any finders connected with the issuance of the

23  bonds.

24         3.  The amount of underwriting spread expected to be

25  realized.

26         4.  Any management fee charged by the managing

27  underwriter.

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

29  be paid by the managing underwriter in connection with the

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

31  it.

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

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

  3         7.  Any other disclosure that the corporation may

  4  require.

  5

  6  This paragraph is not intended to restrict or prohibit the

  7  employment of professional services relating to bonds issued

  8  under this chapter.

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

10  420.511, Florida Statutes, are amended to read:

11         420.511  Business plan; strategic plan; annual

12  report.--

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

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

15  shall not be inconsistent with the strategic plan prepared

16  pursuant to subsection (2) and shall contain performance

17  measures and specific performance targets for the following:

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

19  Floridians to access housing that is decent and affordable.

20         (b)  The continued availability and affordability of

21  housing financed by the corporation to target populations.

22         (c)  The availability of affordable financing programs,

23  including equity and debt products, and programs that reduce

24  gaps in conventional financing, to increase individual access

25  to housing and stimulate private production of affordable

26  housing.

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

28  affordable housing finance programs administered by the

29  corporation.

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

31  efficiencies in the delivery of affordable housing.

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

  2  corporation's board of directors.

  3

  4  The corporation shall also compile data on the stimulus of

  5  economic activity created by the affordable housing finance

  6  programs administered by the corporation.

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

  8  the presiding officers of each house of the Legislature,

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

10  and detailed report setting forth:

11         (a)  Its operations and accomplishments;

12         (b)  Its receipts and expenditures during its the

13  fiscal year in accordance with the categories or

14  classifications established by the corporation for its

15  operating and capital outlay purposes;

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

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

18  funds;

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

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

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

22  and

23         (e)  Information relating to the corporation's

24  activities in implementing the provisions of ss. 420.5087 and

25  420.5088.  The report required by this subsection shall

26  include, but not be limited to:

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

28  age, family size, and racial characteristics.

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

30         3.  The average cost of producing units under each

31  program.

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

  2  financed under s. 420.5088.

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

  4  size on units financed under s. 420.5087.

  5         6.  The number of persons in rural communities served

  6  under each program.

  7         7.  The number of farmworkers served under each

  8  program.

  9         8.  The number of elderly persons served under each

10  program.

11         9.  The extent to which geographic distribution has

12  been achieved in accordance with the provisions of s.

13  420.5087.

14         10.  Any other information the corporation deems

15  appropriate.

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

17  Statutes, is amended to read:

18         420.512  Conflicts of interest.--

19         (5)  Service providers shall comply with the following

20  standards of conduct as a condition of eligibility to be

21  considered or retained to provide services. For purposes of

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

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

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

25  officers, principals, and professional employees of the

26  service provider.

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

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

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

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

31  of the State Board of Administration other than the Governor

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  1  in Florida while the service provider is included in an

  2  applicant pool from which service providers are selected to

  3  provide services to the corporation, while the service

  4  provider provides services to the corporation, and for the

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

  6  through the next general election for Governor.

  7         (b)  The service provider shall not participate in

  8  fundraising activities for or on behalf of candidates for

  9  Governor in Florida while the service provider is included in

10  an applicant pool from which service providers are selected to

11  provide services to the corporation, while the service

12  provider provides services to the corporation, and for the

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

14  through the next general election for Governor.

15         (c)  Service providers shall provide to the corporation

16  a statement that the service provider has not contributed to

17  candidates for Governor or contributed in excess of the

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

19  Board of Administration Cabinet position or engaged in

20  fundraising activities for or on behalf of candidates for

21  Governor in Florida since the effective date of this section

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

23  application to provide services to the corporation, whichever

24  period is shorter.

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

26  business solicitation communications with officers, members,

27  or covered employees of the corporation.

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

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

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

31

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  1  request a declaratory statement in accordance with the

  2  applicable rule and s. 120.565.

  3         (f)  If the corporation determines that a service

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

  5  shall consider the magnitude of the violation and whether

  6  there has been a pattern of violations in determining whether

  7  to terminate or decline to enter into contracts with the

  8  service provider.

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

10  Statutes, is amended to read:

11         420.528  Rules; annual reports.--

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

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

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

15  sponsors, persons or families housed, projects initiated and

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

17  of each fiscal year of the corporation.

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

19  420.9071, Florida Statutes, are amended to read:

20         420.9071  Definitions.--As used in ss.

21  420.907-420.9079, the term:

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

23  defined under the Section 8 housing assistance payments

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

25  under the census long form for the recent available decennial

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

27  reporting under Internal Revenue Service Form 1040 for

28  individual federal annual income tax purposes. Counties and

29  eligible municipalities shall calculate income by projecting

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

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

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  1  household during the 12 months following the effective date of

  2  the determination.

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

  4  estimate of population certified pursuant to s. 186.901 prior

  5  to the beginning of the state fiscal year.

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

  7  Florida Statutes, is amended to read:

  8         420.9073  Local housing distributions.--

  9         (3)  Calculation of guaranteed amounts:

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

11  be calculated for each state fiscal year by multiplying

12  $350,000 by a fraction, the numerator of which is the amount

13  of funds distributed to the Local Government Housing Trust

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

15  the total amount of funds distributed to the Local Government

16  Housing Trust Fund pursuant to s. 201.15.

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

18  be calculated for each state fiscal year by multiplying

19  $350,000 by a fraction, the numerator of which is the amount

20  of funds distributed to the Local Government Housing Trust

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

22  the total amount of funds distributed to the Local Government

23  Housing Trust Fund pursuant to s. 201.15.

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

25  Florida Statutes, is amended to read:

26         420.9079  Local Government Housing Trust Fund.--

27         (2)  The corporation shall administer the fund

28  exclusively for the purpose of implementing the programs

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

30  exception of monitoring the activities of counties and

31  eligible municipalities to determine local compliance with

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  1  program requirements, the corporation shall not receive

  2  appropriations from the fund for administrative or personnel

  3  costs. For the purpose of implementing the compliance

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

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

  6  funding is appropriated, the corporation shall deduct the

  7  amount appropriated prior to calculating the local housing

  8  distribution pursuant to ss. 420.9072 and 420.9073.

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

10  Statutes, is repealed.

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

12  law.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Revises and clarifies provisions relating to the Florida
17    Housing Finance Corporation and the provision of
      affordable housing. See bill for details.
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