CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 34, lines 23 and 24, delete those lines
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16 and insert:
17 Section 7. Section 196.1975, Florida Statutes, is
18 amended to read:
19 196.1975 Exemption for property used by nonprofit
20 homes for the aged.--Nonprofit homes for the aged are exempt
21 to the extent that they meet the following criteria:
22 (1) The applicant must be a corporation not for profit
23 or a Florida limited partnership, the sole general partner of
24 which is a corporation not for profit, and the corporation not
25 for profit must have been exempt as of January 1 of the year
26 for which exemption from ad valorem property taxes is
27 requested from federal income taxation by having qualified as
28 an exempt charitable organization under the provisions of s.
29 501(c)(3) of the Internal Revenue Code of 1954 or of the
30 corresponding section of a subsequently enacted federal
31 revenue act.
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1 (2) A facility will not qualify as a "home for the
2 aged" unless at least 75 percent of the occupants are over the
3 age of 62 years or totally and permanently disabled. For
4 homes for the aged which are exempt from paying income taxes
5 to the United States as specified in subsection (1), licensing
6 by the Agency for Health Care Administration is required for
7 ad valorem tax exemption hereunder only if the home:
8 (a) Furnishes medical facilities or nursing services
9 to its residents, or
10 (b) Qualifies as an assisted living facility under
11 part III of chapter 400.
12 (3) Those portions of the home for the aged which are
13 devoted exclusively to the conduct of religious services or
14 the rendering of nursing or medical services are exempt from
15 ad valorem taxation.
16 (4)(a) After removing the assessed value exempted in
17 subsection (3), units or apartments in homes for the aged
18 shall be exempt only to the extent that residency in the
19 existing unit or apartment of the applicant home is reserved
20 for or restricted to or the unit or apartment is occupied by
21 persons who have resided in the applicant home and in good
22 faith made this state their permanent residence as of January
23 1 of the year in which exemption is claimed and who also meet
24 the requirements set forth in one of the following
25 subparagraphs:
26 1. Persons who have gross incomes of not more than
27 $7,200 per year and who are 62 years of age or older.
28 2. Couples, one of whom must be 62 years of age or
29 older, having a combined gross income of not more than $8,000
30 per year, or the surviving spouse thereof, who lived with the
31 deceased at the time of the deceased's death in a home for the
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1 aged.
2 3. Persons who are totally and permanently disabled
3 and who have gross incomes of not more than $7,200 per year.
4 4. Couples, one or both of whom are totally and
5 permanently disabled, having a combined gross income of not
6 more than $8,000 per year, or the surviving spouse thereof,
7 who lived with the deceased at the time of the deceased's
8 death in a home for the aged.
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10 However, the income limitations do not apply to totally and
11 permanently disabled veterans, provided they meet the
12 requirements of s. 196.081.
13 (b) The maximum income limitations permitted in this
14 subsection shall be adjusted, effective January 1, 1977, and
15 on each succeeding year, by the percentage change in the
16 average cost-of-living index in the period January 1 through
17 December 31 of the immediate prior year compared with the same
18 period for the year prior to that. The index is the average
19 of the monthly consumer price index figures for the stated
20 12-month period, relative to the United States as a whole,
21 issued by the United States Department of Labor.
22 (5) Nonprofit housing projects which are financed by a
23 mortgage loan made or insured by the United States Department
24 of Housing and Urban Development under s. 202, s. 202 with a
25 s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the National
26 Housing Act, as amended, and which are subject to the income
27 limitations established by that department shall be exempt
28 from ad valorem taxation.
29 (6) For the purposes of this section, gross income
30 includes social security benefits payable to the person or
31 couple or assigned to an organization designated specifically
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1 for the support or benefit of that person or couple.
2 (7) It is hereby declared to be the intent of the
3 Legislature that subsection (3) implements the ad valorem tax
4 exemption authorized in the third sentence of s. 3(a), Art.
5 VII, State Constitution, and the remaining subsections
6 implement s. 6(e), Art. VII, State Constitution, for purposes
7 of granting such exemption to homes for the aged.
8 (8) Physical occupancy on January 1 is not required in
9 those instances in which a home restricts occupancy to persons
10 meeting the income requirements specified in this section.
11 Those portions of a such property failing to meet those
12 requirements shall qualify for an alternative exemption as
13 provided in subsection (9). In a home in which at least 25
14 percent of the units or apartments of the home are restricted
15 to or occupied by persons meeting the income requirements
16 specified in this section, the common areas of that home are
17 exempt from taxation.
18 (9)(a) Each unit or apartment of a home for the aged
19 not exempted in subsection (3) or subsection (4), which is
20 operated by a not for profit corporation and is owned by such
21 corporation or leased by such corporation from a health
22 facilities authority pursuant to part III of chapter 154 or an
23 industrial development authority pursuant to part III of
24 chapter 159, and which property is used by such home for the
25 aged for the purposes for which it was organized, is exempt
26 from all ad valorem taxation, except for assessments for
27 special benefits, to the extent of $25,000 of assessed
28 valuation of such property for each apartment or unit:
29 1. Which is used by such home for the aged for the
30 purposes for which it was organized; and
31 2. Which is occupied, on January 1 of the year in
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1 which exemption from ad valorem property taxation is
2 requested, by a person who resides therein and in good faith
3 makes the same his or her permanent home.
4 (b) Each home applying for an exemption under
5 paragraph (a) of this subsection or paragraph (4)(a) must file
6 with the annual application for exemption an affidavit from
7 each person who occupies a unit or apartment for which an
8 exemption under either of those paragraphs that paragraph is
9 claimed stating that the person resides therein and in good
10 faith makes that unit or apartment his or her permanent
11 residence.
12 (10) Homes for the aged, or life care communities,
13 however designated, which are financed through the sale of
14 health facilities authority bonds or bonds of any other public
15 entity, whether on a sale-leaseback basis, a sale-repurchase
16 basis, or other financing arrangement, or which are financed
17 without public-entity bonds, are exempt from ad valorem
18 taxation only in accordance with the provisions of this
19 section.
20 (11) Any portion of such property used for nonexempt
21 purposes may be valued and placed upon the tax rolls
22 separately from any portion entitled to exemption pursuant to
23 this chapter.
24 (12) When it becomes necessary for the property
25 appraiser to determine the value of a unit, he or she shall
26 include in such valuation the proportionate share of the
27 common areas, including the land, fairly attributable to such
28 unit, based upon the value of such unit in relation to all
29 other units in the home, unless the common areas are otherwise
30 exempted by subsection (8).
31 (13) Sections 196.195 and 196.196 do not apply to this
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1 section.
2 Section 8. Effective January 1, 2001, subsections (2)
3 and (3) and paragraph (a) of subsection (5) of section
4 159.805, Florida Statutes, are amended to read:
5 159.805 Procedures for obtaining allocations;
6 requirements; limitations on allocations; issuance reports.--
7 (2) Any written confirmation issued by the director
8 pursuant to subsection (1) ceases to be effective unless the
9 bonds to which that confirmation applies have been issued by
10 the agency and written notice of such issuance has been
11 provided to the director within 155 90 calendar days after the
12 date the confirmation was issued or December 29, whichever
13 occurs first.
14 (3) Upon the expiration of the confirmation or at any
15 time the agency decides the allocation is no longer necessary,
16 but, in any event, not later than the 160th 95th calendar day
17 after the date the confirmation was issued, the agency shall
18 notify the division, by overnight common carrier delivery
19 service, of its failure to issue any bonds pursuant to the
20 written confirmation. Such notice of failure to issue shall
21 be filed with the division and the allocation provided in the
22 expired confirmation shall be made available for reallocation
23 pursuant to this part. Upon determining that it will not be
24 using allocation for mortgage credit certificates, the issuer
25 will notify the division in writing within 5 business days
26 that such allocation for mortgage credit certificates,
27 referencing the dollar amount, will not be used, thereby
28 allowing the division to reallocate such amounts.
29 (5)(a) When bonds with a written confirmation of an
30 allocation are issued, the agency issuing such bonds, or its
31 designee, shall provide the division with same-day telephonic
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1 notice of such issuance, the principal amount of bonds issued,
2 and the availability of any excess unissued allocation. On
3 the day of issuance of the bonds, the agency, or its designee,
4 shall send a written issuance report to the division to arrive
5 no later than the following business day by overnight common
6 carrier delivery service containing the information described
7 in paragraph (b). At issuance, any excess allocation
8 unissued, except in the case of a project that received an
9 allocation of $50 million or more, immediately reverts to the
10 pool from which the allocation was made, except that, after
11 June 30 of such year, it reverts to the state allocation pool
12 and shall be made available for reallocation. Except for
13 allocations for which an election has been made to issue
14 mortgage credit certificates, any allocation made under this
15 part is contingent upon the filing of the issuance report by
16 overnight common carrier delivery service with the division no
17 later than the following business day.
18 Section 9. Effective January 1, 2001, subsection (1)
19 of section 159.806, Florida Statutes, is amended to read:
20 159.806 Regional allocation pools.--
21 (1) Each region listed in s. 159.804(2) has an
22 allocation pool for issuing written confirmations of
23 allocation for private activity bonds. In issuing such
24 written confirmations, the division must first use the
25 allocation pool for the region in which the agency issuing
26 such bonds or on whose behalf such bonds are being issued is
27 located, except prior to June April 1, when the state
28 allocation pool or the Florida First Business allocation pool
29 must be used to finance priority projects until such
30 allocation is exhausted unless the agency requests an
31 allocation for a priority project from the regional allocation
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1 pool. Unless otherwise agreed to by the affected agencies,
2 when such bonds are to be issued by an agency whose boundaries
3 include more than one region, the division must first issue an
4 allocation from the allocation pool for the region in which
5 the project is to be located.
6 Section 10. Effective January 1, 2001, subsection (2)
7 of section 159.807, Florida Statutes, is amended to read:
8 159.807 State allocation pool.--
9 (2) Except as provided in subsection (1), prior to
10 June April 1 of each year, the state allocation pool shall be
11 available solely to provide written confirmations for private
12 activity bonds to finance priority projects except
13 manufacturing facilities. To obtain a written allocation for
14 private activity bonds to finance a priority project from the
15 state allocation pool prior to June April 1 of each year, the
16 notice of intent to issue must be filed with the division no
17 later than May March 1. If the total amount requested in
18 notices of intent to issue for priority projects does not
19 exceed the total amount of the state allocation pool, the
20 director shall issue written confirmation for each notice of
21 intent to issue by May March 15. If the total amount
22 requested in notices of intent to issue private activity bonds
23 for priority projects exceeds the total amount of the state
24 allocation pool, the director shall forward all timely notices
25 of intent to issue received by the division for those projects
26 to the Governor who shall render a decision by June April 1 as
27 to which notices of intent to issue are to receive written
28 confirmations. If additional portions of the state volume
29 limitation of private activity bonds permitted to be issued in
30 the state are subsequently placed into the state allocation
31 pool, the remainder of the timely notices of intent to issue
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Amendment No.
1 for priority projects shall be provided written confirmations
2 in the order established by the Governor prior to any other
3 notices of intent to issue filed with the division.
4 Section 11. Section 159.809, Florida Statutes, is
5 amended to read:
6 159.809 Recapture of unused amounts.--
7 (1) On April 1 of each year, any portion of each
8 initial allocation made pursuant to s. 159.804(4) for which
9 the division has not issued a written confirmation has not
10 been issued by the director or for which an issuance report
11 for bonds utilizing such an allocation has not been received
12 by the division prior to such date shall be added to the
13 Florida First Business allocation pool.
14 (2) On July 1 of each year, any portion of each
15 initial allocation made pursuant to s. 159.804(2) or (3) for
16 which the division has not issued a written confirmation has
17 not been issued by the director or for which an issuance
18 report for bonds utilizing such an allocation has not been
19 received by the division prior to that date shall be added to
20 the Florida First Business allocation pool. On July 1 of each
21 year, any portion of each allocation made pursuant to s.
22 159.804(3) for which the division has not issued a written
23 confirmation or has not received an issuance report shall be
24 added to the Florida First Business allocation pool. On and
25 after July 2 of each year, any portion of such allocations for
26 which a written confirmation has been issued and which
27 confirmation expires or is relinquished by the agency
28 receiving the allocation, shall be added to the state
29 allocation pool.
30 (3) On October 1 of each year, any portion of the
31 allocation made to the Florida First Business allocation pool
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1 pursuant to s. 159.804(5) or subsection (1) or subsection (2),
2 which is eligible for carryforward pursuant to s. 146(f) of
3 the Code but which has not been certified for carryforward by
4 the Office of Tourism, Trade, and Economic Development, shall
5 be returned to the Florida First Business allocation pool.
6 (4)(3) On November 16 of each year, any portion of the
7 initial allocation, made pursuant to s. 159.804(1), s.
8 159.804(5), or subsection (1), or subsection (2), or
9 subsection (3), other than as provided in s. 159.8083, for
10 which an issuance report for bonds utilizing such an
11 allocation has not been received by the division prior to that
12 date shall be added to the state allocation pool.
13 Section 12. Subsection (1) of section 159.81, Florida
14 Statutes, is amended to read:
15 159.81 Unused allocations; carryforwards.--
16 (1) The division shall, when requested, provide
17 carryforwards pursuant to s. 146(f) of the Code for written
18 confirmations for priority projects which qualify for a
19 carryforward pursuant to s. 146(f) of the Code, if such
20 request is accompanied by an opinion of bond counsel to that
21 effect. In addition, in the case of Florida First Business
22 projects, the division shall, when requested, grant requests
23 for carryforward only after receipt of a certification from
24 the Office of Tourism, Trade, and Economic Development that
25 the project has been approved by such office to receive
26 carryforward.
27 Section 13. Section 159.8083, Florida Statutes, is
28 amended to read:
29 159.8083 Florida First Business allocation pool.--The
30 Florida First Business allocation pool is hereby established.
31 The Florida First Business allocation pool shall be available
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1 solely to provide written confirmation for private activity
2 bonds to finance Florida First Business projects certified by
3 the Office of Tourism, Trade, and Economic Development as
4 eligible to receive a written confirmation. Allocations from
5 such pool shall be awarded statewide pursuant to procedures
6 specified in s. 159.805, except that the provisions of s.
7 159.805(2), (3), and (6) do not apply. Florida First Business
8 projects that are eligible for a carryforward shall not lose
9 their allocation pursuant to s. 159.809(3) on October 1, or
10 pursuant to s. 159.809(4) on November 16, if they have applied
11 for and have been granted a carryforward by the division
12 pursuant to s. 159.81(1). In issuing written confirmations of
13 allocations for Florida First Business projects, the division
14 shall use the Florida First Business allocation pool. If
15 allocation is not available from the Florida First Business
16 allocation pool, the division shall issue written
17 confirmations of allocations for Florida First Business
18 projects pursuant to s. 159.806 or s. 159.807, in such order.
19 For the purpose of determining priority within a regional
20 allocation pool or the state allocation pool, notices of
21 intent to issue bonds for Florida First Business projects to
22 be issued from a regional allocation pool or the state
23 allocation pool shall be considered to have been received by
24 the division at the time it is determined by the division that
25 the Florida First Business allocation pool is unavailable to
26 issue confirmation for such Florida First Business project.
27 If the total amount requested in notices of intent to issue
28 private activity bonds for Florida First Business projects
29 exceeds the total amount of the Florida First Business
30 allocation pool, the director shall forward all timely notices
31 of intent to issue, which are received by the division for
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1 such projects, to the Office of Tourism, Trade, and Economic
2 Development which shall render a decision as to which notices
3 of intent to issue are to receive written confirmations. The
4 Office of Tourism, Trade, and Economic Development, in
5 consultation with the division, shall develop rules to ensure
6 that the allocation provided in such pool is available solely
7 to provide written confirmations for private activity bonds to
8 finance Florida First Business projects and that such projects
9 are feasible and financially solvent.
10 Section 14. Effective upon this act becoming a law and
11 operating retroactively to January 1, 2000, section 196.1978,
12 Florida Statutes, is amended to read:
13 196.1978 Affordable Low-income housing property
14 exemption.--Property used to provide affordable housing
15 serving eligible pursuant to any state housing program
16 authorized under chapter 420 to low-income or very-low-income
17 persons as defined by s. 159.603(7) and persons meeting income
18 limits specified in s. 420.0004(9), (10), and (14), which
19 property is owned entirely by a nonprofit entity corporation
20 which is qualified as charitable under s. 501(c)(3) of the
21 Internal Revenue Code and which complies with Rev. Proc.
22 96-32, 1996-1 C.B. 717, shall be considered property owned by
23 an exempt entity and used for a charitable purpose, and those
24 portions of the affordable housing property which provide
25 housing to individuals with incomes as defined in s.
26 420.0004(9), (10), and (14) such property shall be exempt from
27 ad valorem taxation to the extent authorized in s. 196.196.
28 All property identified in this section shall comply with the
29 criteria for determination of exempt status to be applied by
30 property appraisers on an annual basis as defined in s.
31 196.195. The Legislature intends that any property owned by a
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Amendment No.
1 limited liability company which is disregarded as an entity
2 for federal income tax purposes pursuant to Treasury
3 Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by
4 its sole member.
5 Section 15. Subsections (37) and (38) are added to
6 section 420.507, Florida Statutes, to read:
7 420.507 Powers of the corporation.--The corporation
8 shall have all the powers necessary or convenient to carry out
9 and effectuate the purposes and provisions of this part,
10 including the following powers which are in addition to all
11 other powers granted by other provisions of this part:
12 (37) To provide by rule, in connection with any
13 corporation competitive program, for the reservation of future
14 allocation or funding to provide a remedy for a litigant which
15 is ultimately successful in its litigation regarding a
16 competitive application, and to establish a date certain by
17 which, if litigation is not resolved, the successful litigant
18 will be funded from a subsequent year's available allocation
19 or funding.
20 (38) To designate private activity allocation for
21 tax-exempt bonds received by the corporation pursuant to part
22 VI of chapter 159 between single-family and multifamily
23 projects.
24 Section 16. Subsection (3) of section 420.5099,
25 Florida Statutes, is amended to read:
26 420.5099 Allocation of the low-income housing tax
27 credit.--
28 (3) The corporation may request such information from
29 applicants as will enable it to make the allocations according
30 to the guidelines set forth in subsection (2), including, but
31 not limited to, the information required to be provided the
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1 corporation by chapter 67 9I-21, Florida Administrative Code.
2 Section 17. Section 420.526, Florida Statutes, is
3 amended to read:
4 420.526 Predevelopment Loan Program; loans and grants
5 authorized; activities eligible for support.--
6 (1) The corporation is authorized to underwrite and
7 make loans and grants from the Housing Predevelopment Fund to
8 eligible sponsors when it determines that:
9 (a) A need for housing for the target population
10 exists in the area described in the application; and
11 (b) Federal, state, or local public funds or private
12 funds are available or likely to be available to aid in the
13 site acquisition, site development, construction,
14 rehabilitation, maintenance, or support of the housing
15 proposed in the application.
16 (2) If a loan is made, the corporation is authorized
17 to forgive such loan, and thereby make a grant to a sponsor
18 for any moneys which are unable to be repaid due to the
19 sponsor's inability to obtain construction or permanent
20 financing for the development. The corporation shall not
21 forgive the portion of the loan, if any, which is secured by a
22 mortgage to the extent such loan could be repaid from the sale
23 of the mortgaged property shall not award a grant or loan to a
24 sponsor that is unable to demonstrate the ability to proceed
25 as verified by a qualified development team.
26 (3) The corporation shall establish rules for the
27 equitable distribution of the funds in a manner that meets the
28 need and demand for housing for the target population.
29 However, during the first 6 months of fund availability, at
30 least 40 percent of the total funds made available under this
31 program shall be reserved for Sponsors of farmworker housing,
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1 if any, shall receive first priority under this program, and
2 further priorities shall be as established by rule of the
3 corporation.
4 (4) The activities of sponsors which are eligible for
5 housing predevelopment loans and grants shall include, but not
6 be limited to:
7 (a) Site acquisition.
8 (b) Site development.
9 (c) Fees for requisite services from architects,
10 engineers, surveyors, attorneys, and other professionals.
11 (d) Marketing expenses relating to advertisement.
12 (5) The activities of sponsors which are eligible for
13 housing predevelopment grants shall include, but not be
14 limited to:
15 (e)(a) Administrative expenses.
16 (f)(b) Market and feasibility studies.
17 (g)(c) Consulting fees.
18 (5)(6) Any funds paid out of the Housing
19 Predevelopment Fund for activities under ss. 420.521-420.529
20 which are reimbursed to the sponsor from another source shall
21 be repaid to the fund.
22 (7) Sponsors receiving loans for professional fees may
23 receive forgiveness of such loans if it is determined that the
24 proposed project would not be feasible for housing for the
25 target population.
26 (6)(8) Terms and conditions of housing predevelopment
27 loan agreements shall be established by rule and shall
28 include:
29 (a) Provision for interest, which shall be set at
30 between 0 and 3 percent per year, as established by the
31 corporation.
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1 (b) Provision of a schedule for the repayment of
2 principal and interest for a term not to exceed 3 years or
3 initiation of permanent financing, whichever event occurs
4 first. However, the corporation may extend the term of a loan
5 for an additional period not to exceed 1 year if extraordinary
6 circumstances exist and if such extension would not jeopardize
7 the corporation's security interest.
8 (c) Provision of reasonable security for the housing
9 predevelopment loan to ensure the repayment of the principal
10 and any interest accrued within the term specified.
11 Reasonable security shall be a promissory note secured by a
12 mortgage from the sponsor on the property to be purchased,
13 improved, or purchased and improved with the proceeds of the
14 housing predevelopment loan or other collateral acceptable to
15 the corporation.
16 (d) Provisions to ensure that the land acquired will
17 be used for the development of housing and related services
18 for the target population.
19 (e) Provisions to ensure, to the extent possible, that
20 any accrued savings in cost due to the availability of these
21 funds will be passed on to the target population in the form
22 of lower land prices. The corporation shall ensure that such
23 savings in land prices shall be passed on in the form of lower
24 prices or rents for dwellings constructed on such land.
25 (f) Provisions to ensure that any land acquired
26 through assistance under ss. 420.521-420.529 for housing for
27 the target population shall not be disposed of or alienated in
28 a manner that violates Title VII of the 1968 Civil Rights Act,
29 which specifically prohibits discrimination based on race,
30 sex, color, religion, or national origin or that violates
31 other applicable federal or state laws.
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1 (7)(9) No predevelopment loan made under this section
2 shall exceed the lesser of:
3 (a) The development and acquisition costs for the
4 project, as determined by rule of the corporation; or
5 (b) Five hundred thousand dollars.
6 (8)(10) Any real property or any portion thereof
7 purchased or developed under ss. 420.521-420.529 may be
8 disposed of by the eligible sponsor upon the terms and
9 conditions established by rule of the corporation and
10 consistent with ss. 420.521-420.529, at a price not to exceed
11 the actual prorated land costs, development costs, accrued
12 taxes, and interest.
13 Section 18. Subsections (3), (5), (7), and (8) of
14 section 420.609, Florida Statutes, are amended to read:
15 420.609 Affordable Housing Study Commission.--Because
16 the Legislature firmly supports affordable housing in Florida
17 for all economic classes:
18 (3) The department and the corporation agency shall
19 supply such information, assistance, and facilities as are
20 deemed necessary for the commission to carry out its duties
21 under this section and shall provide such staff assistance as
22 is necessary for the performance of required clerical and
23 administrative functions of the commission.
24 (5) The commission shall review, evaluate, and make
25 recommendations regarding existing and proposed housing
26 programs and initiatives. The commission shall provide these
27 and any other housing recommendations to the secretary of the
28 Department of Community Affairs and the executive director of
29 the corporation.
30 (7) By July 15 December 31 of each year beginning in
31 2001 1992, the commission shall prepare and submit to the
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1 Governor, the President of the Senate, and the Speaker of the
2 House of Representatives a report detailing its findings and
3 making specific program, legislative, and funding
4 recommendations and any other recommendations it deems
5 appropriate.
6 (8) The commission shall recommend studies to be
7 conducted for included in the annual research agenda of the
8 Multidisciplinary Center for affordable housing. These
9 recommendations shall be submitted to the department and the
10 center in order to assist them in establishing an appropriate
11 research agenda for the center.
12 Section 19. Subsections (4) and (27) of section
13 420.9071, Florida Statutes, are amended to read:
14 420.9071 Definitions.--As used in ss.
15 420.907-420.9079, the term:
16 (4) "Annual gross income" means annual income as
17 defined under the Section 8 housing assistance payments
18 programs in 24 C.F.R. part 5; annual income as reported under
19 the census long form for the recent available decennial
20 census; or adjusted gross income as defined for purposes of
21 reporting under Internal Revenue Service Form 1040 for
22 individual federal annual income tax purposes. Counties and
23 eligible municipalities shall calculate income by annualizing
24 verified sources projecting the prevailing annual rate of
25 income for all adults in the household as the amount of income
26 to be received in a household during the 12 months following
27 the effective date of the determination.
28 (27) "Sales price" or "value" means, in the case of
29 acquisition of an existing or newly constructed unit, the
30 amount on the executed sales contract. For eligible persons
31 who are building a unit on land that they own, the sales price
18
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 is determined by an appraisal performed by a state-certified
2 appraiser. The appraisal must include the value of the land
3 and the improvements using the after-construction value of the
4 property and must be dated within 12 months of the date
5 construction is to commence. The sales price of any unit must
6 include the value of the land in order to qualify as eligible
7 housing as defined in subsection (8). In the case of
8 rehabilitation or emergency repair of an existing unit that
9 does not create additional living space, sales price or value
10 means the value of the real property, as determined by an
11 appraisal performed by a state-certified appraiser and dated
12 within 12 months of the date construction is to commence or
13 the assessed value of the real property as determined by the
14 county property appraiser, plus the cost of the improvements.
15 In the case of rehabilitation of an existing unit that
16 includes the addition of new living space, sales price or
17 value means the value of the real property, as determined by
18 an appraisal performed by a state-certified appraiser and
19 dated within 12 months of the date construction is to commence
20 or the assessed value of the real property as determined by
21 the county property appraiser, plus the cost of the
22 improvements in either case.
23 Section 20. Paragraph (e) of subsection (3) and
24 paragraph (c) of subsection (4) of section 420.9075, Florida
25 Statutes, are amended to read:
26 420.9075 Local housing assistance plans;
27 partnerships.--
28 (3) Each local housing assistance plan is governed by
29 the following criteria and administrative procedures:
30 (e) The staff or entity that has administrative
31 authority for implementing a local housing assistance plan
19
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 assisting rental developments shall annually monitor and
2 determine tenant eligibility or, to the extent the Florida
3 Housing Finance Corporation provides the same monitoring and
4 determination, a municipality, county, or local housing
5 financing authority may rely on such monitoring and
6 determination of tenant eligibility.
7 (4) The following criteria apply to awards made to
8 eligible sponsors or eligible persons for the purpose of
9 providing eligible housing:
10 (c) The sales price or value of new or existing
11 eligible housing may not exceed 90 percent of the average
12 median area purchase price in the statistical area in which
13 where the eligible housing is located, which housing was
14 purchased during the most recent 12-month period for which
15 sufficient statistical information is available or, as
16 established by the United States Department of Treasury.
17
18 If both an award under the local housing assistance plan and
19 federal low-income housing tax credits are used to assist a
20 project and there is a conflict between the criteria
21 prescribed in this subsection and the requirements of s. 42 of
22 the Internal Revenue Code of 1986, as amended, the county or
23 eligible municipality may resolve the conflict by giving
24 precedence to the requirements of s. 42 of the Internal
25 Revenue Code of 1986, as amended, in lieu of following the
26 criteria prescribed in this subsection with the exception of
27 paragraphs (a) and (d) of this subsection.
28 Section 21. Section 760.26, Florida Statutes, is
29 created to read:
30 760.26 Prohibited discrimination in land use decisions
31 and in permitting of development.--It is unlawful to
20
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 discriminate in land use decisions or in the permitting of
2 development based on race, color, national origin, sex,
3 disability, familial status, religion, or, except as otherwise
4 provided by law, the source of financing of a development or
5 proposed development.
6 Section 22. State Farmworker Housing Pilot Loan
7 Program.--The State Farmworker Housing Pilot Loan Program is
8 created for the purpose of demonstrating the ability to use
9 state dedicated funds to leverage Federal Government, local
10 government, and private resources to provide affordable, safe,
11 and sanitary rental housing units for farmworkers.
12 (1) Subject to the availability of funds appropriated
13 to fund the State Farmworker Housing Pilot Loan Program, the
14 Florida Housing Finance Corporation shall have the authority
15 to make farmworker housing loans to a sponsor, as defined in
16 s. 420.503(37), Florida Statutes, provided the sponsor:
17 (a) Agrees to:
18 1. Set aside at least 80 percent of the units for
19 eligible farmworkers, as defined in s. 420.503(18), Florida
20 Statutes;
21 2. Set aside 100 percent of the units for households
22 whose family income does not exceed:
23 a. Fifty percent of the adjusted local median income
24 in areas which are not metropolitan statistical areas; or
25 b. Forty percent of adjusted local median income in
26 metropolitan statistical areas; and
27 3. Limit rents to no more than 30 percent of the
28 maximum household income adjusted to unit size; or
29 (b) Uses federal funds provided under section 514 or
30 section 516 of Title V of the Federal Housing Act of 1949 and
31 meets maximum rental limits, tenant eligibility, and other
21
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 regulatory requirements established pursuant to such programs.
2 (2) The corporation shall issue a request for
3 proposals to solicit applications for loans offered pursuant
4 to this section and shall establish a funding cycle to
5 distribute funds pursuant to this section. The corporation
6 shall coordinate this cycle with the fiscal year 2001 federal
7 funding cycle for section 514 or section 516 of Title V of the
8 Federal Housing Act of 1949. The corporation may distribute
9 through this funding cycle any additional funds set aside for
10 farmworker housing under the State Apartment Incentive Loan
11 Program authorized by s. 420.5087, Florida Statutes, or other
12 funds appropriated for the State Farmworker Housing Pilot Loan
13 Program.
14 (3) All eligible applications shall:
15 (a) Demonstrate that the sponsor possesses title to or
16 firm site control of land and evidences availability of
17 required infrastructure.
18 (b) Have grants, donations of land, or contributions
19 from other sources collectively totaling at least 25 percent
20 of the total development cost. Such grants, donations of land,
21 or contributions need not be committed at the time of
22 application. The corporation shall establish a set time for
23 receipt of such commitments.
24 (c) Have local government contributions and private
25 agriculture producer funds and other private leveraged funds
26 totaling no less than 3 percent of the total development cost.
27 (d) Demonstrate accessibility to commercial businesses
28 and services needed to serve the needs of the resident
29 farmworkers or include a viable plan to provide access to
30 those commercial businesses and services.
31 (e) Limit developer fees to no more than 15 percent of
22
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 the total development cost, less developer fees and land cost.
2 (4) The corporation shall establish a review committee
3 composed of staff of the Department of Community Affairs
4 selected by the Secretary of Community Affairs and staff of
5 the corporation and shall establish a scoring system for
6 evaluation and competitive ranking of applications submitted
7 in this program.
8 (a) Each application shall address and be evaluated
9 and ranked based on the following criteria:
10 1. A demonstrated need for farmworker housing:
11 Proposed developments in a county determined by the Shimberg
12 Center for Affordable Housing's April 1997 Migrant Farm Worker
13 Needs Assessment, or any subsequent assessment, to have a
14 shortage of affordable housing for 3,000 or more farmworkers
15 shall receive maximum points. Sponsors proposing developments
16 in other counties and demonstrating a high need for farmworker
17 housing through other state or local governmental reports or
18 market studies are eligible for funding under this section,
19 but shall receive less points.
20 2. Developer fees: Sponsors with developer fees less
21 than 15 percent shall be awarded additional points. There
22 shall be no identity of interest between the sponsor,
23 affiliated entities, and the contractor, and the sponsor or
24 affiliated entities shall not receive any financial or other
25 remuneration from the contractor as a condition of the
26 contractor's selection.
27 3. The project's mix: Applications providing a
28 set-aside of 20 percent or more units for seasonal, temporary,
29 or migrant workers, including unaccompanied workers, shall
30 receive additional points.
31 4. Innovation: Innovative planning concepts such as a
23
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 phased development plan for mixed-income or occupational
2 groups, home ownership, or commercial uses on a nearby parcel
3 shall receive additional points.
4 5. Innovative building designs: Innovative building
5 designs, which are targeted to meet the needs of the
6 hard-to-serve population of migrant, seasonal, and
7 very-low-income tenants which lower costs and rents while
8 providing safe, sanitary, and decent housing shall receive
9 additional points.
10 6. Federal Government contributions: Scoring shall
11 provide additional points based on the percentage of federal
12 funds leveraged. Such funds need not be committed to the
13 proposed project. The corporation shall establish a set time
14 for receipt of such commitments, taking into consideration the
15 application deadlines and projected determination periods set
16 by each of the agencies responsible for the federal funds
17 proposed as leveraged. The corporation may give more points
18 to applications with commitments of federal contributions.
19 7. Local government participation: Evidence of local
20 government participation in project planning demonstrating a
21 commitment to the project's success, including, but not
22 limited to, comprehensive planning, letters of support, and
23 other activities, shall receive additional points.
24 8. A provision for supportive services accessible
25 onsite or through cooperative agreements with service
26 providers in the community: Scoring shall provide additional
27 points to eligible applications that provide one or more
28 qualified tenant programs to enhance quality of life for
29 residents. Such programs include, but are not limited to, the
30 inclusion of a Title XX or Head Start child care facility for
31 children onsite or within 3 miles of the development, tenant
24
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 activities, health care, financial counseling, English as a
2 Second Language courses, and GED courses.
3 9. The quality of the project's design: All
4 developments shall include the equivalent of 0.25 full
5 bathroom facilities per bed or tenant; onsite laundry, laundry
6 sink, or hookups and space for a washer and dryer inside each
7 unit; and appropriate minimum storage space. Flexibility shall
8 be permitted for innovative designs which meet the needs of
9 the population served.
10 a. The following items are not required and shall
11 receive no points in the scoring of applications: two full
12 bathrooms in all three-bedroom units, one and one-half
13 bathrooms in all two-bedroom units, swimming pool, dishwasher,
14 garbage disposals, and cable television hookups.
15 b. The following items are not required but shall
16 receive additional points in the scoring of applications:
17 window treatments, 30-year roofing on all buildings, gated
18 community with carded entry or security guard, car care area,
19 covered picnic area, playground, outdoor recreation area for
20 older children, two or more parking spaces per unit, large
21 multipurpose room or clubhouse, air conditioning or
22 whole-house fan as determined by geographic region or seasonal
23 occupancy, hurricane shutters or resistant glass, and energy
24 conservation features.
25 10. The feasibility and economic viability of the
26 project.
27 11. The sponsor's development experience: Scoring
28 shall provide the most points to eligible applicants with
29 successful experience in the development of farmworker housing
30 commensurate to the size and scope of the proposed
31 development. Applicants with less development experience or
25
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 experience in projects substantially smaller than that
2 proposed shall receive less points. The experience may be
3 that of an affiliated or controlling corporation where the
4 eligible applicant is established to limit liability of the
5 affiliated group.
6 12. The sponsor's management experience: Scoring shall
7 provide the most points to eligible applicants with successful
8 experience in the management of farmworker housing
9 commensurate to the size and scope of the proposed
10 development. Applicants with less management experience or
11 experience in projects substantially smaller than the proposed
12 development shall receive less points. The experience may be
13 that of an affiliated or controlling nonprofit corporation
14 where the eligible applicant is established to limit liability
15 of the affiliated group.
16 13. The ability to proceed with construction: Scoring
17 shall provide the most points to those applicants able to
18 proceed in a timely manner. In addition to local government
19 participation as addressed in subparagraph 7., items to be
20 scored shall include, but not be limited to: environmental
21 safety, infrastructure availability, schematic site plans and
22 elevations, and conceptual, preliminary, or final site plan
23 approval.
24 14. A management plan to attract, serve, and keep
25 eligible farmworker tenants.
26 (b) The corporation may reject any application.
27 (c) The review committee established by the
28 corporation shall make recommendations to the board of
29 directors of the corporation regarding program participation
30 under the State Farmworker Housing Pilot Loan Program. The
31 corporation board shall make the final ranking and the
26
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 decisions regarding which applicants shall become program
2 participants based on the scores received in the competitive
3 ranking, further review of applications, and the
4 recommendations of the review committee. The corporation
5 board shall approve or reject applications for loans and shall
6 determine the tentative loan amount available to each
7 applicant selected for participation in the program.
8 (5) Loans provided pursuant to this section shall be
9 nonamortizing. The corporation shall establish interest rates
10 for loans made pursuant to this section. Loans to
11 not-for-profit applicants shall have interest rates of zero
12 percent if no low-income housing tax credits are allocated to
13 the development. If low-income housing tax credits are
14 allocated to the development, the interest rate may be
15 adjusted upward to meet appropriate federal requirements.
16 Loans to for-profit applicants shall have interest rates of 3
17 percent if no low-income housing tax credits are allocated to
18 the development. If low-income housing tax credits are
19 allocated to the development, the interest rate may be
20 adjusted upward to meet appropriate federal requirements.
21 Loans shall not exceed $5 million. The following provisions
22 shall apply to all loans provided under this section:
23 (a) No loan combined with any other mortgage in a
24 superior position shall exceed the development cost or the
25 value of security, whichever is less.
26 (b) The loan term shall be for a period of not less
27 than 20 years. The corporation may renegotiate and extend the
28 loan in order to extend the availability of housing for
29 farmworkers. The term of a loan may not extend beyond the
30 period for which the sponsor agrees to provide housing for
31 farmworkers as provided in subsection (1). Payment on the
27
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 loans shall be based on the actual development cash flow and
2 principal and interest may be deferred without constituting a
3 default on the loan. The corporation may defer repayment of
4 loans made under this section until the end of the loan
5 period, including any extension, or until the housing no
6 longer meets the requirements of subsection (1), whichever
7 occurs first.
8 (c) The discrimination provisions of s. 420.516,
9 Florida Statutes, shall apply to all loans.
10 (d) The proceeds of all loans shall be used for new
11 construction or substantial rehabilitation which creates
12 affordable, safe, and sanitary housing units.
13 (e) Sponsors shall annually certify the eligibility
14 status and adjusted gross income of all persons or families
15 qualified under subsection (1) who are residing in a project
16 funded by this program. For monitoring purposes, the
17 corporation may rely on a federal governmental entity which is
18 also required to monitor and determine tenant eligibility.
19 (f) If agricultural and market conditions change
20 substantially in a market area in which a project is located,
21 the sponsor may request approval from the corporation for
22 changes in the occupational or income set-aside requirements.
23 The sponsor shall submit evidence of such market changes,
24 including, but not limited to, a market study and statements
25 from agricultural producers and agricultural labor
26 representatives. The board of directors of the corporation
27 may amend set-aside requirements; however, such changes shall
28 preserve the maximum percentage of units for eligible
29 farmworkers as market conditions permit.
30 (6) If a default on a loan occurs, the corporation may
31 foreclose on any mortgage or security interest or commence any
28
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 legal action to protect the interest of the corporation and
2 recover the amount of the unpaid principal, accrued interest,
3 and fees. The corporation may acquire real or personal
4 property or any interest in such property when that
5 acquisition is necessary or appropriate to: protect any loan;
6 sell, transfer, and convey any such property to a buyer
7 without regard to the provisions of chapters 253 and 270,
8 Florida Statutes; and, if that sale, transfer, or conveyance
9 cannot be effected within a reasonable time, lease such
10 property for occupancy by eligible persons. All sums recovered
11 from the sale, transfer, conveyance, or lease of such property
12 shall be deposited into an account established by the
13 corporation in a qualified public depository meeting the
14 requirements of chapter 280, Florida Statutes, for purposes of
15 expending moneys appropriated to fund the State Farmworker
16 Housing Pilot Loan Program as provided in subsection (1).
17 (7) Subject to the availability of funds appropriated
18 to fund the State Farmworker Housing Pilot Loan Program, the
19 Florida Housing Finance Corporation shall contract with a
20 nonprofit corporation, qualified under s. 501(c)(3) of the
21 Internal Revenue Code, representing a mix of stakeholders
22 concerned with housing conditions faced by migrant and
23 seasonal farmworkers with demonstrated expertise in housing
24 issues. The corporation shall select such contractor within 90
25 days after the effective date of this section to assist the
26 corporation in establishing and implementing the State
27 Farmworker Housing Pilot Loan Program, and to prepare a
28 research report that includes a needs assessment and strategic
29 plan for agricultural labor housing in this state. The
30 research report shall be submitted to the Governor, the
31 President of the Senate, and the Speaker of the House of
29
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 Representatives. The report shall:
2 (a) Identify localities throughout this state having
3 the greatest need for newly-constructed or rehabilitated
4 agricultural labor housing.
5 (b) Identify successful project prototypes to provide
6 safe, decent, and affordable agricultural housing.
7 (c) Provide an analysis of state and local barriers to
8 the development of agricultural housing.
9 (d) Profile successful state and local government
10 programs within and without this state that address
11 agricultural housing needs.
12 Section 23. This act shall take effect upon becoming a
13 law.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
19
20 and insert:
21 A bill to be entitled
22 An act relating to housing; amending s.
23 228.056, F.S.; revising terminology; clarifying
24 time periods; revising criteria for renewal of
25 a charter; requiring compliance with certain
26 statutes; providing for exemption from ad
27 valorem taxation; amending s. 228.0561, F.S.;
28 changing the formula for charter school
29 facilities funding; revising requirements for
30 reversions of property to a school board;
31 authorizing pilot program grants for the
30
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 construction of charter school facilities;
2 establishing criteria; amending s. 196.29,
3 F.S.; granting charter schools an exemption
4 from ad valorem taxes; amending s. 236.0817,
5 F.S.; providing for a developmental research
6 school that is issued a charter to be eligible
7 for categorical funding; amending s. 228.053,
8 F.S.; exempting a chartered developmental
9 research school from the requirement that it be
10 of closest geographic proximity to the college
11 of education to which it is affiliated;
12 providing for funding developmental research
13 schools that are issued a charter; revising
14 requirements for determining
15 full-time-equivalent membership; providing for
16 capital outlay funding for a chartered
17 developmental research school; amending s.
18 228.505, F.S.; providing for governance of
19 certain charter technical career centers;
20 amending s. 196.1975, F.S., which provides
21 exemptions for nonprofit homes for the aged;
22 specifying that the exemption applicable to
23 such homes whose residents meet certain income
24 limitations applies to certain individual units
25 or apartments of such homes; providing for
26 application of a residency affidavit
27 requirement to applicants for such exemption;
28 revising provisions relating to qualification
29 for the alternative exemption provided by that
30 section for those portions of a home which do
31 not meet the income limitations; providing that
31
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 s. 196.195, F.S., which provides requirements
2 and criteria for determining the profit or
3 nonprofit status of an applicant for exemption,
4 and s. 196.196, F.S., which provides criteria
5 for determining whether property is entitled to
6 a charitable, religious, scientific, or
7 literary exemption, do not apply to that
8 section; amending s. 159.805, F.S.; revising
9 procedures for obtaining allocations of private
10 activity bonds; amending s. 159.806, F.S.;
11 specifying use of Florida First Business
12 allocation pool for priority projects before
13 using regional allocation pools; amending s.
14 159.807, F.S.; requiring availability of the
15 state allocation pool for certain purposes;
16 amending s. 159.8083, F.S.; clarifying
17 preservation of allocations for certain Florida
18 First Business projects; amending s. 159.809,
19 F.S.; clarifying recapture by the Florida First
20 Business allocation pool of portions of certain
21 unused allocations; amending s. 159.81, F.S.;
22 providing for granting requests for
23 carryforward of certain allocations relating to
24 Florida First Business projects under certain
25 circumstances; amending s. 196.1978, F.S.;
26 expanding the classes of certain low-income
27 housing property as property owned by an exempt
28 entity and used for charitable purposes;
29 amending s. 420.507, F.S.; providing special
30 powers of the corporation with respect to
31 reservation of future allocation or funding and
32
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 designation of private activity bond
2 allocation; amending s. 420.5099, F.S.;
3 correcting an administrative rule cross
4 reference; amending s. 420.526, F.S.; revising
5 provisions of the Predevelopment Loan Program
6 to provide for targeting of funds and
7 forgiveness of loans under certain
8 circumstances; amending s. 420.609, F.S.;
9 requiring the corporation to assist the
10 Affordable Housing Study Commission for certain
11 purposes; requiring the commission to provide
12 certain commission recommendations to the
13 corporation; changing the date of submittal for
14 the commission's report; revising the
15 commission's recommended studies requirements;
16 amending s. 420.9071, F.S.; revising certain
17 definitions; amending s. 420.9075, F.S.;
18 revising entities authorized to monitor and
19 determine tenant eligibility under local
20 housing assistance plans; revising criteria for
21 eligibility awards under such plans; creating
22 s. 760.26, F.S.; prohibiting discrimination in
23 land use decisions and in permitting of
24 development; establishing the State Farmworker
25 Housing Pilot Loan Program; providing for
26 administration by the Florida Housing Finance
27 Corporation; providing sponsor requirements;
28 requiring the corporation to issue a request
29 for proposals for loan applications for certain
30 purposes; requiring the corporation to
31 establish a loan distribution mechanism;
33
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 providing eligible loan applicant requirements;
2 providing for establishment of an application
3 review committee; providing criteria for loan
4 applications; providing duties and
5 responsibilities of the corporation and review
6 committee; providing requirements for such
7 loans; providing procedures and requirements
8 for loan defaults; requiring the corporation to
9 contract with the Florida Farmworker Housing
10 Coalition, Inc., for certain purposes;
11 requiring a report to the Governor and
12 Legislature; providing report requirements;
13 providing an effective date.
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