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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Kurth moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 20 and 21,

15

16  insert:

17         Section 3.  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  pursuant to the provisions of chapter 617 or a Florida limited

24  partnership, the sole general partner of which is a

25  corporation not for profit pursuant to the provisions of

26  chapter 617, and the corporation not for profit must have been

27  exempt as of January 1 of the year for which exemption from ad

28  valorem property taxes is requested from federal income

29  taxation by having qualified as an exempt charitable

30  organization under the provisions of s. 501(c)(3) of the

31  Internal Revenue Code of 1954 or of the corresponding section

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  of a subsequently enacted federal revenue act.

 2         (2)  A facility will not qualify as a "home for the

 3  aged" unless at least 75 percent of the occupants are over the

 4  age of 62 years or totally and permanently disabled.  For

 5  homes for the aged which are exempt from paying income taxes

 6  to the United States as specified in subsection (1), licensing

 7  by the Agency for Health Care Administration is required for

 8  ad valorem tax exemption hereunder only if the home:

 9         (a)  Furnishes medical facilities or nursing services

10  to its residents, or

11         (b)  Qualifies as an assisted living facility under

12  part III of chapter 400.

13         (3)  Those portions of the home for the aged which are

14  devoted exclusively to the conduct of religious services or

15  the rendering of nursing or medical services are exempt from

16  ad valorem taxation.

17         (4)(a)  After removing the assessed value exempted in

18  subsection (3), units or apartments in homes for the aged

19  shall be exempt only to the extent that residency in the

20  existing unit or apartment of the applicant home is reserved

21  for or restricted to or the unit or apartment is occupied by

22  persons who have resided in the applicant home and in good

23  faith made this state their permanent residence as of January

24  1 of the year in which exemption is claimed and who also meet

25  the requirements set forth in one of the following

26  subparagraphs:

27         1.  Persons who have gross incomes of not more than

28  $7,200 per year and who are 62 years of age or older.

29         2.  Couples, one of whom must be 62 years of age or

30  older, having a combined gross income of not more than $8,000

31  per year, or the surviving spouse thereof, who lived with the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

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 1  deceased at the time of the deceased's death in a home for the

 2  aged.

 3         3.  Persons who are totally and permanently disabled

 4  and who have gross incomes of not more than $7,200 per year.

 5         4.  Couples, one or both of whom are totally and

 6  permanently disabled, having a combined gross income of not

 7  more than $8,000 per year, or the surviving spouse thereof,

 8  who lived with the deceased at the time of the deceased's

 9  death in a home for the aged.

10

11  However, the income limitations do not apply to totally and

12  permanently disabled veterans, provided they meet the

13  requirements of s. 196.081.

14         (b)  The maximum income limitations permitted in this

15  subsection shall be adjusted, effective January 1, 1977, and

16  on each succeeding year, by the percentage change in the

17  average cost-of-living index in the period January 1 through

18  December 31 of the immediate prior year compared with the same

19  period for the year prior to that.  The index is the average

20  of the monthly consumer price index figures for the stated

21  12-month period, relative to the United States as a whole,

22  issued by the United States Department of Labor.

23         (5)  Nonprofit housing projects which are financed by a

24  mortgage loan made or insured by the United States Department

25  of Housing and Urban Development under s. 202, s. 202 with a

26  s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the National

27  Housing Act, as amended, and which are subject to the income

28  limitations established by that department shall be exempt

29  from ad valorem taxation.

30         (6)  For the purposes of this section, gross income

31  includes social security benefits payable to the person or

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                                                  SENATE AMENDMENT

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 1  couple or assigned to an organization designated specifically

 2  for the support or benefit of that person or couple.

 3         (7)  It is hereby declared to be the intent of the

 4  Legislature that subsection (3) implements the ad valorem tax

 5  exemption authorized in the third sentence of s. 3(a), Art.

 6  VII, State Constitution, and the remaining subsections

 7  implement s. 6(e), Art. VII, State Constitution, for purposes

 8  of granting such exemption to homes for the aged.

 9         (8)  Physical occupancy on January 1 is not required in

10  those instances in which a home restricts occupancy to persons

11  meeting the income requirements specified in this section.

12  Those portions of a such property failing to meet those

13  requirements shall qualify for an alternative exemption as

14  provided in subsection (9). In a home in which at least 25

15  percent of the units or apartments of the home are restricted

16  to or occupied by persons meeting the income requirements

17  specified in this section, the common areas of that home are

18  exempt from taxation.

19         (9)(a)  Each unit or apartment of a home for the aged

20  not exempted in subsection (3) or subsection (4), which is

21  operated by a not for profit corporation and is owned by such

22  corporation or leased by such corporation from a health

23  facilities authority pursuant to part III of chapter 154 or an

24  industrial development authority pursuant to part III of

25  chapter 159, and which property is used by such home for the

26  aged for the purposes for which it was organized, is exempt

27  from all ad valorem taxation, except for assessments for

28  special benefits, to the extent of $25,000 of assessed

29  valuation of such property for each apartment or unit:

30         1.  Which is used by such home for the aged for the

31  purposes for which it was organized; and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         2.  Which is occupied, on January 1 of the year in

 2  which exemption from ad valorem property taxation is

 3  requested, by a person who resides therein and in good faith

 4  makes the same his or her permanent home.

 5         (b)  Each home applying for an exemption under

 6  paragraph (a) of this subsection or paragraph (4)(a) must file

 7  with the annual application for exemption an affidavit from

 8  each person who occupies a unit or apartment for which an

 9  exemption under either of those paragraphs that paragraph is

10  claimed stating that the person resides therein and in good

11  faith makes that unit or apartment his or her permanent

12  residence.

13         (10)  Homes for the aged, or life care communities,

14  however designated, which are financed through the sale of

15  health facilities authority bonds or bonds of any other public

16  entity, whether on a sale-leaseback basis, a sale-repurchase

17  basis, or other financing arrangement, or which are financed

18  without public-entity bonds, are exempt from ad valorem

19  taxation only in accordance with the provisions of this

20  section.

21         (11)  Any portion of such property used for nonexempt

22  purposes may be valued and placed upon the tax rolls

23  separately from any portion entitled to exemption pursuant to

24  this chapter.

25         (12)  When it becomes necessary for the property

26  appraiser to determine the value of a unit, he or she shall

27  include in such valuation the proportionate share of the

28  common areas, including the land, fairly attributable to such

29  unit, based upon the value of such unit in relation to all

30  other units in the home, unless the common areas are otherwise

31  exempted by subsection (8).

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         (13)  Sections 196.195 and 196.196 do not apply to this

 2  section.

 3         Section 4.  Effective January 1, 2001, subsections (2)

 4  and (3) and paragraph (a) of subsection (5) of section

 5  159.805, Florida Statutes, are amended to read:

 6         159.805  Procedures for obtaining allocations;

 7  requirements; limitations on allocations; issuance reports.--

 8         (2)  Any written confirmation issued by the director

 9  pursuant to subsection (1) ceases to be effective unless the

10  bonds to which that confirmation applies have been issued by

11  the agency and written notice of such issuance has been

12  provided to the director within 155 90 calendar days after the

13  date the confirmation was issued or December 29, whichever

14  occurs first.

15         (3)  Upon the expiration of the confirmation or at any

16  time the agency decides the allocation is no longer necessary,

17  but, in any event, not later than the 160th 95th calendar day

18  after the date the confirmation was issued, the agency shall

19  notify the division, by overnight common carrier delivery

20  service, of its failure to issue any bonds pursuant to the

21  written confirmation.  Such notice of failure to issue shall

22  be filed with the division and the allocation provided in the

23  expired confirmation shall be made available for reallocation

24  pursuant to this part. Upon determining that it will not be

25  using allocation for mortgage credit certificates, the issuer

26  will notify the division in writing within 5 business days

27  that such allocation for mortgage credit certificates,

28  referencing the dollar amount, will not be used, thereby

29  allowing the division to reallocate such amounts.

30         (5)(a)  When bonds with a written confirmation of an

31  allocation are issued, the agency issuing such bonds, or its

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                                                  SENATE AMENDMENT

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 1  designee, shall provide the division with same-day telephonic

 2  notice of such issuance, the principal amount of bonds issued,

 3  and the availability of any excess unissued allocation.  On

 4  the day of issuance of the bonds, the agency, or its designee,

 5  shall send a written issuance report to the division to arrive

 6  no later than the following business day by overnight common

 7  carrier delivery service containing the information described

 8  in paragraph (b).  At issuance, any excess allocation

 9  unissued, except in the case of a project that received an

10  allocation of $50 million or more, immediately reverts to the

11  pool from which the allocation was made, except that, after

12  June 30 of such year, it reverts to the state allocation pool

13  and shall be made available for reallocation. Except for

14  allocations for which an election has been made to issue

15  mortgage credit certificates, any allocation made under this

16  part is contingent upon the filing of the issuance report by

17  overnight common carrier delivery service with the division no

18  later than the following business day.

19         Section 5.  Effective January 1, 2001, subsection (1)

20  of section 159.806, Florida Statutes, is amended to read:

21         159.806  Regional allocation pools.--

22         (1)  Each region listed in s. 159.804(2) has an

23  allocation pool for issuing written confirmations of

24  allocation for private activity bonds.  In issuing such

25  written confirmations, the division must first use the

26  allocation pool for the region in which the agency issuing

27  such bonds or on whose behalf such bonds are being issued is

28  located, except prior to June April 1, when the state

29  allocation pool or the Florida First Business allocation pool

30  must be used to finance priority projects until such

31  allocation is exhausted unless the agency requests an

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                                                  SENATE AMENDMENT

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 1  allocation for a priority project from the regional allocation

 2  pool.  Unless otherwise agreed to by the affected agencies,

 3  when such bonds are to be issued by an agency whose boundaries

 4  include more than one region, the division must first issue an

 5  allocation from the allocation pool for the region in which

 6  the project is to be located.

 7         Section 6.  Effective January 1, 2001, subsection (2)

 8  of section 159.807, Florida Statutes, is amended to read:

 9         159.807  State allocation pool.--

10         (2)  Except as provided in subsection (1), prior to

11  June April 1 of each year, the state allocation pool shall be

12  available solely to provide written confirmations for private

13  activity bonds to finance priority projects except

14  manufacturing facilities. To obtain a written allocation for

15  private activity bonds to finance a priority project from the

16  state allocation pool prior to June April 1 of each year, the

17  notice of intent to issue must be filed with the division no

18  later than May March 1.  If the total amount requested in

19  notices of intent to issue for priority projects does not

20  exceed the total amount of the state allocation pool, the

21  director shall issue written confirmation for each notice of

22  intent to issue by May March 15.  If the total amount

23  requested in notices of intent to issue private activity bonds

24  for priority projects exceeds the total amount of the state

25  allocation pool, the director shall forward all timely notices

26  of intent to issue received by the division for those projects

27  to the Governor who shall render a decision by June April 1 as

28  to which notices of intent to issue are to receive written

29  confirmations.  If additional portions of the state volume

30  limitation of private activity bonds permitted to be issued in

31  the state are subsequently placed into the state allocation

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                                                  SENATE AMENDMENT

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 1  pool, the remainder of the timely notices of intent to issue

 2  for priority projects shall be provided written confirmations

 3  in the order established by the Governor prior to any other

 4  notices of intent to issue filed with the division.

 5         Section 7.  Section 159.809, Florida Statutes, is

 6  amended to read:

 7         159.809  Recapture of unused amounts.--

 8         (1)  On April 1 of each year, any portion of each

 9  initial allocation made pursuant to s. 159.804(4) for which

10  the division has not issued a written confirmation has not

11  been issued by the director or for which an issuance report

12  for bonds utilizing such an allocation has not been received

13  by the division prior to such date shall be added to the

14  Florida First Business allocation pool.

15         (2)  On July 1 of each year, any portion of each

16  initial allocation made pursuant to s. 159.804(2) or (3) for

17  which the division has not issued a written confirmation has

18  not been issued by the director or for which an issuance

19  report for bonds utilizing such an allocation has not been

20  received by the division prior to that date shall be added to

21  the Florida First Business allocation pool. On July 1 of each

22  year, any portion of each allocation made pursuant to s.

23  159.804(3) for which the division has not issued a written

24  confirmation or has not received an issuance report shall be

25  added to the Florida First Business allocation pool. On and

26  after July 2 of each year, any portion of such allocations for

27  which a written confirmation has been issued and which

28  confirmation expires or is relinquished by the agency

29  receiving the allocation, shall be added to the state

30  allocation pool.

31         (3)  On October 1 of each year, any portion of the

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 1  allocation made to the Florida First Business allocation pool

 2  pursuant to s. 159.804(5) or subsection (1) or subsection (2),

 3  which is eligible for carryforward pursuant to s. 146(f) of

 4  the Code but which has not been certified for carryforward by

 5  the Office of Tourism, Trade, and Economic Development, shall

 6  be returned to the Florida First Business allocation pool.

 7         (4)(3)  On November 16 of each year, any portion of the

 8  initial allocation, made pursuant to s. 159.804(1),  s.

 9  159.804(5), or subsection (1), or subsection (2), or

10  subsection (3), other than as provided in s. 159.8083, for

11  which an issuance report for bonds utilizing such an

12  allocation has not been received by the division prior to that

13  date shall be added to the state allocation pool.

14         Section 8.  Subsection (1) of section 159.81, Florida

15  Statutes, is amended to read:

16         159.81  Unused allocations; carryforwards.--

17         (1)  The division shall, when requested, provide

18  carryforwards pursuant to s. 146(f) of the Code for written

19  confirmations for priority projects which qualify for a

20  carryforward pursuant to s. 146(f) of the Code, if such

21  request is accompanied by an opinion of bond counsel to that

22  effect. In addition, in the case of Florida First Business

23  projects, the division shall, when requested, grant requests

24  for carryforward only after receipt of a certification from

25  the Office of Tourism, Trade, and Economic Development that

26  the project has been approved by such office to receive

27  carryforward.

28         Section 9.  Section 159.8083, Florida Statutes, is

29  amended to read:

30         159.8083  Florida First Business allocation pool.--The

31  Florida First Business allocation pool is hereby established.

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                                                  SENATE AMENDMENT

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 1  The Florida First Business allocation pool shall be available

 2  solely to provide written confirmation for private activity

 3  bonds to finance Florida First Business projects certified by

 4  the Office of Tourism, Trade, and Economic Development as

 5  eligible to receive a written confirmation. Allocations from

 6  such pool shall be awarded statewide pursuant to procedures

 7  specified in s. 159.805, except that the provisions of s.

 8  159.805(2), (3), and (6) do not apply. Florida First Business

 9  projects that are eligible for a carryforward shall not lose

10  their allocation pursuant to s. 159.809(3) on October 1, or

11  pursuant to s. 159.809(4) on November 16, if they have applied

12  for and have been granted a carryforward by the division

13  pursuant to s. 159.81(1).  In issuing written confirmations of

14  allocations for Florida First Business projects, the division

15  shall use the Florida First Business allocation pool. If

16  allocation is not available from the Florida First Business

17  allocation pool, the division shall issue written

18  confirmations of allocations for Florida First Business

19  projects pursuant to s. 159.806 or s. 159.807, in such order.

20  For the purpose of determining priority within a regional

21  allocation pool or the state allocation pool, notices of

22  intent to issue bonds for Florida First Business projects to

23  be issued from a regional allocation pool or the state

24  allocation pool shall be considered to have been received by

25  the division at the time it is determined by the division that

26  the Florida First Business allocation pool is unavailable to

27  issue confirmation for such Florida First Business project.

28  If the total amount requested in notices of intent to issue

29  private activity bonds for Florida First Business projects

30  exceeds the total amount of the Florida First Business

31  allocation pool, the director shall forward all timely notices

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

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 1  of intent to issue, which are received by the division for

 2  such projects, to the Office of Tourism, Trade, and Economic

 3  Development which shall render a decision as to which notices

 4  of intent to issue are to receive written confirmations. The

 5  Office of Tourism, Trade, and Economic Development, in

 6  consultation with the division, shall develop rules to ensure

 7  that the allocation provided in such pool is available solely

 8  to provide written confirmations for private activity bonds to

 9  finance Florida First Business projects and that such projects

10  are feasible and financially solvent.

11         Section 10.  Effective upon this act becoming a law and

12  operating retroactively to January 1, 2000, section 196.1978,

13  Florida Statutes, is amended to read:

14         196.1978  Affordable Low-income housing property

15  exemption.--Property used to provide affordable housing

16  serving eligible pursuant to any state housing program

17  authorized under chapter 420 to low-income or very-low-income

18  persons as defined by s. 159.603(7) and persons meeting income

19  limits specified in s. 420.0004(9), (10), and (14), which

20  property is owned entirely by a nonprofit entity corporation

21  which is qualified as charitable under s. 501(c)(3) of the

22  Internal Revenue Code and which complies with Rev. Proc.

23  96-32, 1996-1 C.B. 717, shall be considered property owned by

24  an exempt entity and used for a charitable purpose, and those

25  portions of the affordable housing property which provide

26  housing to individuals with incomes as defined in s.

27  420.0004(9) and (14) such property shall be exempt from ad

28  valorem taxation to the extent authorized in s. 196.196. All

29  property identified in this section shall comply with the

30  criteria for determination of exempt status to be applied by

31  property appraisers on an annual basis as defined in s.

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 1  196.195. The Legislature intends that any property owned by a

 2  limited liability company which is disregarded as an entity

 3  for federal income tax purposes pursuant to Treasury

 4  Regulation 301.7701-3(b)(1)(ii) shall be treated as owned by

 5  its sole member.

 6         Section 11.  Subsections (37) and (38) are added to

 7  section 420.507, Florida Statutes, to read:

 8         420.507  Powers of the corporation.--The corporation

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

10  and effectuate the purposes and provisions of this part,

11  including the following powers which are in addition to all

12  other powers granted by other provisions of this part:

13         (37)  To provide by rule, in connection with any

14  corporation competitive program, for the reservation of future

15  allocation or funding to provide a remedy for a litigant which

16  is ultimately successful in its litigation regarding a

17  competitive application, and to establish a date certain by

18  which, if litigation is not resolved, the successful litigant

19  will be funded from a subsequent year's available allocation

20  or funding.

21         (38)  To designate private activity allocation for

22  tax-exempt bonds received by the corporation pursuant to part

23  VI of chapter 159 between single-family and multifamily

24  projects.

25         Section 12.  Subsection (3) of section 420.5099,

26  Florida Statutes, is amended to read:

27         420.5099  Allocation of the low-income housing tax

28  credit.--

29         (3)  The corporation may request such information from

30  applicants as will enable it to make the allocations according

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

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

 2  corporation by chapter 67 9I-21, Florida Administrative Code.

 3         Section 13.  Section 420.526, Florida Statutes, is

 4  amended to read:

 5         420.526  Predevelopment Loan Program; loans and grants

 6  authorized; activities eligible for support.--

 7         (1)  The corporation is authorized to underwrite and

 8  make loans and grants from the Housing Predevelopment Fund to

 9  eligible sponsors when it determines that:

10         (a)  A need for housing for the target population

11  exists in the area described in the application; and

12         (b)  Federal, state, or local public funds or private

13  funds are available or likely to be available to aid in the

14  site acquisition, site development, construction,

15  rehabilitation, maintenance, or support of the housing

16  proposed in the application.

17         (2)  If a loan is made, the corporation is authorized

18  to forgive such loan, and thereby make a grant to a sponsor

19  for any moneys which are unable to be repaid due to the

20  sponsor's inability to obtain construction or permanent

21  financing for the development.  The corporation shall not

22  forgive the portion of the loan, if any, which is secured by a

23  mortgage to the extent such loan could be repaid from the sale

24  of the mortgaged property shall not award a grant or loan to a

25  sponsor that is unable to demonstrate the ability to proceed

26  as verified by a qualified development team.

27         (3)  The corporation shall establish rules for the

28  equitable distribution of the funds in a manner that meets the

29  need and demand for housing for the target population.

30  However, during the first 6 months of fund availability, at

31  least 40 percent of the total funds made available under this

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 1  program shall be reserved for Sponsors of farmworker housing,

 2  if any, shall receive first priority under this program, and

 3  further priorities shall be as established by rule of the

 4  corporation.

 5         (4)  The activities of sponsors which are eligible for

 6  housing predevelopment loans and grants shall include, but not

 7  be limited to:

 8         (a)  Site acquisition.

 9         (b)  Site development.

10         (c)  Fees for requisite services from architects,

11  engineers, surveyors, attorneys, and other professionals.

12         (d)  Marketing expenses relating to advertisement.

13         (5)  The activities of sponsors which are eligible for

14  housing predevelopment grants shall include, but not be

15  limited to:

16         (e)(a)  Administrative expenses.

17         (f)(b)  Market and feasibility studies.

18         (g)(c)  Consulting fees.

19         (5)(6)  Any funds paid out of the Housing

20  Predevelopment Fund for activities under ss. 420.521-420.529

21  which are reimbursed to the sponsor from another source shall

22  be repaid to the fund.

23         (7)  Sponsors receiving loans for professional fees may

24  receive forgiveness of such loans if it is determined that the

25  proposed project would not be feasible for housing for the

26  target population.

27         (6)(8)  Terms and conditions of housing predevelopment

28  loan agreements shall be established by rule and shall

29  include:

30         (a)  Provision for interest, which shall be set at

31  between 0 and 3 percent per year, as established by the

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 1  corporation.

 2         (b)  Provision of a schedule for the repayment of

 3  principal and interest for a term not to exceed 3 years or

 4  initiation of permanent financing, whichever event occurs

 5  first.  However, the corporation may extend the term of a loan

 6  for an additional period not to exceed 1 year if extraordinary

 7  circumstances exist and if such extension would not jeopardize

 8  the corporation's security interest.

 9         (c)  Provision of reasonable security for the housing

10  predevelopment loan to ensure the repayment of the principal

11  and any interest accrued within the term specified.

12  Reasonable security shall be a promissory note secured by a

13  mortgage from the sponsor on the property to be purchased,

14  improved, or purchased and improved with the proceeds of the

15  housing predevelopment loan or other collateral acceptable to

16  the corporation.

17         (d)  Provisions to ensure that the land acquired will

18  be used for the development of housing and related services

19  for the target population.

20         (e)  Provisions to ensure, to the extent possible, that

21  any accrued savings in cost due to the availability of these

22  funds will be passed on to the target population in the form

23  of lower land prices.  The corporation shall ensure that such

24  savings in land prices shall be passed on in the form of lower

25  prices or rents for dwellings constructed on such land.

26         (f)  Provisions to ensure that any land acquired

27  through assistance under ss. 420.521-420.529 for housing for

28  the target population shall not be disposed of or alienated in

29  a manner that violates Title VII of the 1968 Civil Rights Act,

30  which specifically prohibits discrimination based on race,

31  sex, color, religion, or national origin or that violates

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  other applicable federal or state laws.

 2         (7)(9)  No predevelopment loan made under this section

 3  shall exceed the lesser of:

 4         (a)  The development and acquisition costs for the

 5  project, as determined by rule of the corporation; or

 6         (b)  Five hundred thousand dollars.

 7         (8)(10)  Any real property or any portion thereof

 8  purchased or developed under ss. 420.521-420.529 may be

 9  disposed of by the eligible sponsor upon the terms and

10  conditions established by rule of the corporation and

11  consistent with ss. 420.521-420.529, at a price not to exceed

12  the actual prorated land costs, development costs, accrued

13  taxes, and interest.

14         Section 14.  Subsections (3), (5), (7), and (8) of

15  section 420.609, Florida Statutes, are amended to read:

16         420.609  Affordable Housing Study Commission.--Because

17  the Legislature firmly supports affordable housing in Florida

18  for all economic classes:

19         (3)  The department and the corporation agency shall

20  supply such information, assistance, and facilities as are

21  deemed necessary for the commission to carry out its duties

22  under this section and shall provide such staff assistance as

23  is necessary for the performance of required clerical and

24  administrative functions of the commission.

25         (5)  The commission shall review, evaluate, and make

26  recommendations regarding existing and proposed housing

27  programs and initiatives.  The commission shall provide these

28  and any other housing recommendations to the secretary of the

29  Department of Community Affairs and the executive director of

30  the corporation.

31         (7)  By July 15 December 31 of each year beginning in

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  2001 1992, the commission shall prepare and submit to the

 2  Governor, the President of the Senate, and the Speaker of the

 3  House of Representatives a report detailing its findings and

 4  making specific program, legislative, and funding

 5  recommendations and any other recommendations it deems

 6  appropriate.

 7         (8)  The commission shall recommend studies to be

 8  conducted for included in the annual research agenda of the

 9  Multidisciplinary Center for affordable housing. These

10  recommendations shall be submitted to the department and the

11  center in order to assist them in establishing an appropriate

12  research agenda for the center.

13         Section 15.  Subsections (4) and (27) of section

14  420.9071, Florida Statutes, are amended to read:

15         420.9071  Definitions.--As used in ss.

16  420.907-420.9079, the term:

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

18  defined under the Section 8 housing assistance payments

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

20  the census long form for the recent available decennial

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

22  reporting under Internal Revenue Service Form 1040 for

23  individual federal annual income tax purposes. Counties and

24  eligible municipalities shall calculate income by annualizing

25  verified sources projecting the prevailing annual rate of

26  income for all adults in the household as the amount of income

27  to be received in a household during the 12 months following

28  the effective date of the determination.

29         (27)  "Sales price" or "value" means, in the case of

30  acquisition of an existing or newly constructed unit, the

31  amount on the executed sales contract. For eligible persons

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  who are building a unit on land that they own, the sales price

 2  is determined by an appraisal performed by a state-certified

 3  appraiser. The appraisal must include the value of the land

 4  and the improvements using the after-construction value of the

 5  property and must be dated within 12 months of the date

 6  construction is to commence. The sales price of any unit must

 7  include the value of the land in order to qualify as eligible

 8  housing as defined in subsection (8). In the case of

 9  rehabilitation or emergency repair of an existing unit that

10  does not create additional living space, sales price or value

11  means the value of the real property, as determined by an

12  appraisal performed by a state-certified appraiser and dated

13  within 12 months of the date construction is to commence or

14  the assessed value of the real property as determined by the

15  county property appraiser, plus the cost of the improvements.

16  In the case of rehabilitation of an existing unit that

17  includes the addition of new living space, sales price or

18  value means the value of the real property, as determined by

19  an appraisal performed by a state-certified appraiser and

20  dated within 12 months of the date construction is to commence

21  or the assessed value of the real property as determined by

22  the county property appraiser, plus the cost of the

23  improvements in either case.

24         Section 16.  Paragraph (e) of subsection (3) and

25  paragraph (c) of subsection (4) of section 420.9075, Florida

26  Statutes, are amended to read:

27         420.9075  Local housing assistance plans;

28  partnerships.--

29         (3)  Each local housing assistance plan is governed by

30  the following criteria and administrative procedures:

31         (e)  The staff or entity that has administrative

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  authority for implementing a local housing assistance plan

 2  assisting rental developments shall annually monitor and

 3  determine tenant eligibility or, to the extent the Florida

 4  Housing Finance Corporation provides the same monitoring and

 5  determination, a municipality, county, or local housing

 6  financing authority may rely on such monitoring and

 7  determination of tenant eligibility.

 8         (4)  The following criteria apply to awards made to

 9  eligible sponsors or eligible persons for the purpose of

10  providing eligible housing:

11         (c)  The sales price or value of new or existing

12  eligible housing may not exceed 90 percent of the average

13  median area purchase price in the statistical area in which

14  where the eligible housing is located, which housing was

15  purchased during the most recent 12-month period for which

16  sufficient statistical information is available or, as

17  established by the United States Department of Treasury.

18

19  If both an award under the local housing assistance plan and

20  federal low-income housing tax credits are used to assist a

21  project and there is a conflict between the criteria

22  prescribed in this subsection and the requirements of s. 42 of

23  the Internal Revenue Code of 1986, as amended, the county or

24  eligible municipality may resolve the conflict by giving

25  precedence to the requirements of s. 42 of the Internal

26  Revenue Code of 1986, as amended, in lieu of following the

27  criteria prescribed in this subsection with the exception of

28  paragraphs (a) and (d) of this subsection.

29         Section 17.  Section 760.26, Florida Statutes, is

30  created to read:

31         760.26  Prohibited discrimination in land use decisions

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  and in permitting of development.--It is unlawful to

 2  discriminate in land use decisions or in the permitting of

 3  development based on race, color, national origin, sex,

 4  disability, familial status, religion, or, except as otherwise

 5  provided by law, the source of financing of a development or

 6  proposed development.

 7         Section 18.  State Farmworker Housing Pilot Loan

 8  Program.--The State Farmworker Housing Pilot Loan Program is

 9  created for the purpose of demonstrating the ability to use

10  state dedicated funds to leverage Federal Government, local

11  government, and private resources to provide affordable, safe,

12  and sanitary rental housing units for farmworkers.

13         (1)  Subject to the availability of funds appropriated

14  to fund the State Farmworker Housing Pilot Loan Program, the

15  Florida Housing Finance Corporation shall have the authority

16  to make farmworker housing loans to a sponsor, as defined in

17  s. 420.503(37), Florida Statutes, provided the sponsor:

18         (a)  Agrees to:

19         1.  Set aside at least 80 percent of the units for

20  eligible farmworkers, as defined in s. 420.503(18), Florida

21  Statutes;

22         2.  Set aside 100 percent of the units for households

23  whose family income does not exceed:

24         a.  Fifty percent of the adjusted local median income

25  in areas which are not metropolitan statistical areas; or

26         b.  Forty percent of adjusted local median income in

27  metropolitan statistical areas; and

28         3.  Limit rents to no more than 30 percent of the

29  maximum household income adjusted to unit size; or

30         (b)  Uses federal funds provided under section 514 or

31  section 516 of Title V of the Federal Housing Act of 1949 and

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  meets maximum rental limits, tenant eligibility, and other

 2  regulatory requirements established pursuant to such programs.

 3         (2)  The corporation shall issue a request for

 4  proposals to solicit applications for loans offered pursuant

 5  to this section and shall establish a funding cycle to

 6  distribute funds pursuant to this section.  The corporation

 7  shall coordinate this cycle with the fiscal year 2001 federal

 8  funding cycle for section 514 or section 516 of Title V of the

 9  Federal Housing Act of 1949.  The corporation may distribute

10  through this funding cycle any additional funds set aside for

11  farmworker housing under the State Apartment Incentive Loan

12  Program authorized by s. 420.5087, Florida Statutes, or other

13  funds appropriated for the State Farmworker Housing Pilot Loan

14  Program.

15         (3)  All eligible applications shall:

16         (a)  Demonstrate that the sponsor possesses title to or

17  firm site control of land and evidences availability of

18  required infrastructure.

19         (b)  Have grants, donations of land, or contributions

20  from other sources collectively totaling at least 25 percent

21  of the total development cost. Such grants, donations of land,

22  or contributions need not be committed at the time of

23  application. The corporation shall establish a set time for

24  receipt of such commitments.

25         (c)  Have local government contributions and private

26  agriculture producer funds and other private leveraged funds

27  totaling no less than 3 percent of the total development cost.

28         (d)  Demonstrate accessibility to commercial businesses

29  and services needed to serve the needs of the resident

30  farmworkers or include a viable plan to provide access to

31  those commercial businesses and services.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         (e)  Limit developer fees to no more than 15 percent of

 2  the total development cost, less developer fees and land cost.

 3         (4)  The corporation shall establish a review committee

 4  composed of staff of the Department of Community Affairs

 5  selected by the Secretary of Community Affairs and staff of

 6  the corporation and shall establish a scoring system for

 7  evaluation and competitive ranking of applications submitted

 8  in this program.

 9         (a)  Each application shall address and be evaluated

10  and ranked based on the following criteria:

11         1.  A demonstrated need for farmworker housing:

12  Proposed developments in a county determined by the Shimberg

13  Center for Affordable Housing's April 1997 Migrant Farm Worker

14  Needs Assessment, or any subsequent assessment, to have a

15  shortage of affordable housing for 3,000 or more farmworkers

16  shall receive maximum points. Sponsors proposing developments

17  in other counties and demonstrating a high need for farmworker

18  housing through other state or local governmental reports or

19  market studies are eligible for funding under this section,

20  but shall receive less points.

21         2.  Developer fees: Sponsors with developer fees less

22  than 15 percent shall be awarded additional points. There

23  shall be no identity of interest between the sponsor,

24  affiliated entities, and the contractor, and the sponsor or

25  affiliated entities shall not receive any financial or other

26  remuneration from the contractor as a condition of the

27  contractor's selection.

28         3.  The project's mix: Applications providing a

29  set-aside of 20 percent or more units for seasonal, temporary,

30  or migrant workers, including unaccompanied workers, shall

31  receive additional points.

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         4.  Innovation: Innovative planning concepts such as a

 2  phased development plan for mixed-income or occupational

 3  groups, home ownership, or commercial uses on a nearby parcel

 4  shall receive additional points.

 5         5.  Innovative building designs: Innovative building

 6  designs, which are targeted to meet the needs of the

 7  hard-to-serve population of migrant, seasonal, and

 8  very-low-income tenants which lower costs and rents while

 9  providing safe, sanitary, and decent housing shall receive

10  additional points.

11         6.  Federal Government contributions: Scoring shall

12  provide additional points based on the percentage of federal

13  funds leveraged.  Such funds need not be committed to the

14  proposed project.  The corporation shall establish a set time

15  for receipt of such commitments, taking into consideration the

16  application deadlines and projected determination periods set

17  by each of the agencies responsible for the federal funds

18  proposed as leveraged.  The corporation may give more points

19  to applications with commitments of federal contributions.

20         7.  Local government participation: Evidence of local

21  government participation in project planning demonstrating a

22  commitment to the project's success, including, but not

23  limited to, comprehensive planning, letters of support, and

24  other activities, shall receive additional points.

25         8.  A provision for supportive services accessible

26  onsite or through cooperative agreements with service

27  providers in the community: Scoring shall provide additional

28  points to eligible applications that provide one or more

29  qualified tenant programs to enhance quality of life for

30  residents.  Such programs include, but are not limited to, the

31  inclusion of a Title XX or Head Start child care facility for

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  children onsite or within 3 miles of the development, tenant

 2  activities, health care, financial counseling, English as a

 3  Second Language courses, and GED courses.

 4         9.  The quality of the project's design: All

 5  developments shall include the equivalent of 0.25 full

 6  bathroom facilities per bed or tenant; onsite laundry, laundry

 7  sink, or hookups and space for a washer and dryer inside each

 8  unit; and appropriate minimum storage space. Flexibility shall

 9  be permitted for innovative designs which meet the needs of

10  the population served.

11         a.  The following items are not required and shall

12  receive no points in the scoring of applications: two full

13  bathrooms in all three-bedroom units, one and one-half

14  bathrooms in all two-bedroom units, swimming pool, dishwasher,

15  garbage disposals, and cable television hookups.

16         b.  The following items are not required but shall

17  receive additional points in the scoring of applications:

18  window treatments, 30-year roofing on all buildings, gated

19  community with carded entry or security guard, car care area,

20  covered picnic area, playground, outdoor recreation area for

21  older children, two or more parking spaces per unit, large

22  multipurpose room or clubhouse, air conditioning or

23  whole-house fan as determined by geographic region or seasonal

24  occupancy, hurricane shutters or resistant glass, and energy

25  conservation features.

26         10.  The feasibility and economic viability of the

27  project.

28         11.  The sponsor's development experience: Scoring

29  shall provide the most points to eligible applicants with

30  successful experience in the development of farmworker housing

31  commensurate to the size and scope of the proposed

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  development.  Applicants with less development experience or

 2  experience in projects substantially smaller than that

 3  proposed shall receive less points.  The experience may be

 4  that of an affiliated or controlling corporation where the

 5  eligible applicant is established to limit liability of the

 6  affiliated group.

 7         12.  The sponsor's management experience: Scoring shall

 8  provide the most points to eligible applicants with successful

 9  experience in the management of farmworker housing

10  commensurate to the size and scope of the proposed

11  development.  Applicants with less management experience or

12  experience in projects substantially smaller than the proposed

13  development shall receive less points. The experience may be

14  that of an affiliated or controlling nonprofit corporation

15  where the eligible applicant is established to limit liability

16  of the affiliated group.

17         13.  The ability to proceed with construction: Scoring

18  shall provide the most points to those applicants able to

19  proceed in a timely manner.  In addition to local government

20  participation as addressed in subparagraph 7., items to be

21  scored shall include, but not be limited to: environmental

22  safety, infrastructure availability, schematic site plans and

23  elevations, and conceptual, preliminary, or final site plan

24  approval.

25         14.  A management plan to attract, serve, and keep

26  eligible farmworker tenants.

27         (b)  The corporation may reject any application.

28         (c)  The review committee established by the

29  corporation shall make recommendations to the board of

30  directors of the corporation regarding program participation

31  under the State Farmworker Housing Pilot Loan Program.  The

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  corporation board shall make the final ranking and the

 2  decisions regarding which applicants shall become program

 3  participants based on the scores received in the competitive

 4  ranking, further review of applications, and the

 5  recommendations of the review committee.  The corporation

 6  board shall approve or reject applications for loans and shall

 7  determine the tentative loan amount available to each

 8  applicant selected for participation in the program.

 9         (5)  Loans provided pursuant to this section shall be

10  nonamortizing.  The corporation shall establish interest rates

11  for loans made pursuant to this section.  Loans to

12  not-for-profit applicants shall have interest rates of zero

13  percent if no low-income housing tax credits are allocated to

14  the development. If low-income housing tax credits are

15  allocated to the development, the interest rate may be

16  adjusted upward to meet appropriate federal requirements.

17  Loans to for-profit applicants shall have interest rates of 3

18  percent if no low-income housing tax credits are allocated to

19  the development.  If low-income housing tax credits are

20  allocated to the development, the interest rate may be

21  adjusted upward to meet appropriate federal requirements.

22  Loans shall not exceed $5 million.  The following provisions

23  shall apply to all loans provided under this section:

24         (a)  No loan combined with any other mortgage in a

25  superior position shall exceed the development cost or the

26  value of security, whichever is less.

27         (b)  The loan term shall be for a period of not less

28  than 20 years.  The corporation may renegotiate and extend the

29  loan in order to extend the availability of housing for

30  farmworkers. The term of a loan may not extend beyond the

31  period for which the sponsor agrees to provide housing for

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  farmworkers as provided in subsection (1). Payment on the

 2  loans shall be based on the actual development cash flow and

 3  principal and interest may be deferred without constituting a

 4  default on the loan.  The corporation may defer repayment of

 5  loans made under this section until the end of the loan

 6  period, including any extension, or until the housing no

 7  longer meets the requirements of subsection (1), whichever

 8  occurs first.

 9         (c)  The discrimination provisions of s. 420.516,

10  Florida Statutes, shall apply to all loans.

11         (d)  The proceeds of all loans shall be used for new

12  construction or substantial rehabilitation which creates

13  affordable, safe, and sanitary housing units.

14         (e)  Sponsors shall annually certify the eligibility

15  status and adjusted gross income of all persons or families

16  qualified under subsection (1) who are residing in a project

17  funded by this program.  For monitoring purposes, the

18  corporation may rely on a federal governmental entity which is

19  also required to monitor and determine tenant eligibility.

20         (f)  If agricultural and market conditions change

21  substantially in a market area in which a project is located,

22  the sponsor may request approval from the corporation for

23  changes in the occupational or income set-aside requirements.

24  The sponsor shall submit evidence of such market changes,

25  including, but not limited to, a market study and statements

26  from agricultural producers and agricultural labor

27  representatives.  The board of directors of the corporation

28  may amend set-aside requirements; however, such changes shall

29  preserve the maximum percentage of units for eligible

30  farmworkers as market conditions permit.

31         (6)  If a default on a loan occurs, the corporation may

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  foreclose on any mortgage or security interest or commence any

 2  legal action to protect the interest of the corporation and

 3  recover the amount of the unpaid principal, accrued interest,

 4  and fees.  The corporation may acquire real or personal

 5  property or any interest in such property when that

 6  acquisition is necessary or appropriate to: protect any loan;

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

 8  without regard to the provisions of chapters 253 and 270,

 9  Florida Statutes; and, if that sale, transfer, or conveyance

10  cannot be effected within a reasonable time, lease such

11  property for occupancy by eligible persons. All sums recovered

12  from the sale, transfer, conveyance, or lease of such property

13  shall be deposited into an account established by the

14  corporation in a qualified public depository meeting the

15  requirements of chapter 280, Florida Statutes, for purposes of

16  expending moneys appropriated to fund the State Farmworker

17  Housing Pilot Loan Program as provided in subsection (1).

18         (7)  Subject to the availability of funds appropriated

19  to fund the State Farmworker Housing Pilot Loan Program, the

20  Florida Housing Finance Corporation shall contract with a

21  nonprofit corporation, qualified under s. 501(c)(3) of the

22  Internal Revenue Code, representing a mix of stakeholders

23  concerned with housing conditions faced by migrant and

24  seasonal farmworkers with demonstrated expertise in housing

25  issues. The corporation shall select such contractor within 90

26  days after the effective date of this section to assist the

27  corporation in establishing and implementing the State

28  Farmworker Housing Pilot Loan Program, and to prepare a

29  research report that includes a needs assessment and strategic

30  plan for agricultural labor housing in this state.  The

31  research report shall be submitted to the Governor, the

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1  President of the Senate, and the Speaker of the House of

 2  Representatives.  The report shall:

 3         (a)  Identify localities throughout this state having

 4  the greatest need for newly-constructed or rehabilitated

 5  agricultural labor housing.

 6         (b)  Identify successful project prototypes to provide

 7  safe, decent, and affordable agricultural housing.

 8         (c)  Provide an analysis of state and local barriers to

 9  the development of agricultural housing.

10         (d)  Profile successful state and local government

11  programs within and without this state that address

12  agricultural housing needs.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 2 and 3, delete those lines

18

19  and insert:

20         An act relating to taxation; amending s.

21         196.1975, F.S., which provides exemptions for

22         nonprofit homes for the aged; specifying that

23         the exemption applicable to such homes whose

24         residents meet certain income limitations

25         applies to certain individual units or

26         apartments of such homes; providing for

27         application of a residency affidavit

28         requirement to applicants for such exemption;

29         revising provisions relating to qualification

30         for the alternative exemption provided by that

31         section for those portions of a home which do

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         not meet the income limitations; providing that

 2         s. 196.195, F.S., which provides requirements

 3         and criteria for determining the profit or

 4         nonprofit status of an applicant for exemption,

 5         and s. 196.196, F.S., which provides criteria

 6         for determining whether property is entitled to

 7         a charitable, religious, scientific, or

 8         literary exemption, do not apply to that

 9         section; amending s. 159.805, F.S.; revising

10         procedures for obtaining allocations of private

11         activity bonds; amending s. 159.806, F.S.;

12         specifying use of Florida First Business

13         allocation pool for priority projects before

14         using regional allocation pools; amending s.

15         159.807, F.S.; requiring availability of the

16         state allocation pool for certain purposes;

17         amending s. 159.8083, F.S.; clarifying

18         preservation of allocations for certain Florida

19         First Business projects; amending s. 159.809,

20         F.S.; clarifying recapture by the Florida First

21         Business allocation pool of portions of certain

22         unused allocations; amending s. 159.81, F.S.;

23         providing for granting requests for

24         carryforward of certain allocations relating to

25         Florida First Business projects under certain

26         circumstances; amending s. 196.1978, F.S.;

27         expanding the classes of certain low-income

28         housing property as property owned by an exempt

29         entity and used for charitable purposes;

30         amending s. 420.507, F.S.; providing special

31         powers of the corporation with respect to

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         reservation of future allocation or funding and

 2         designation of private activity bond

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

 4         correcting an administrative rule cross

 5         reference; amending s. 420.526, F.S.; revising

 6         provisions of the Predevelopment Loan Program

 7         to provide for targeting of funds and

 8         forgiveness of loans under certain

 9         circumstances; amending s. 420.609, F.S.;

10         requiring the corporation to assist the

11         Affordable Housing Study Commission for certain

12         purposes; requiring the commission to provide

13         certain commission recommendations to the

14         corporation; changing the date of submittal for

15         the commission's report; revising the

16         commission's recommended studies requirements;

17         amending s. 420.9071, F.S.; revising certain

18         definitions; amending s. 420.9075, F.S.;

19         revising entities authorized to monitor and

20         determine tenant eligibility under local

21         housing assistance plans; revising criteria for

22         eligibility awards under such plans; creating

23         s. 760.26, F.S.; prohibiting discrimination in

24         land use decisions and in permitting of

25         development; establishing the State Farmworker

26         Housing Pilot Loan Program; providing for

27         administration by the Florida Housing Finance

28         Corporation; providing sponsor requirements;

29         requiring the corporation to issue a request

30         for proposals for loan applications for certain

31         purposes; requiring the corporation to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1648

    Amendment No.    





 1         establish a loan distribution mechanism;

 2         providing eligible loan applicant requirements;

 3         providing for establishment of an application

 4         review committee; providing criteria for loan

 5         applications; providing duties and

 6         responsibilities of the corporation and review

 7         committee; providing requirements for such

 8         loans; providing procedures and requirements

 9         for loan defaults; requiring the corporation to

10         contract with the Florida Farmworker Housing

11         Coalition, Inc., for certain purposes;

12         requiring a report to the Governor and

13         Legislature; providing report requirements;

14         amending s. 212.12, F.S.;

15

16

17

18

19

20

21

22

23

24

25

26

27

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