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





                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Saunders moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 25

15

16  insert:

17         Section 1.  Effective January 1, 2001, subsections (2)

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

19  159.805, Florida Statutes, are amended to read:

20         159.805  Procedures for obtaining allocations;

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

22         (2)  Any written confirmation issued by the director

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

24  bonds to which that confirmation applies have been issued by

25  the agency and written notice of such issuance has been

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

27  date the confirmation was issued or December 29, whichever

28  occurs first.

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

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

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

                                  1
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

 2  notify the division, by overnight common carrier delivery

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

 4  written confirmation.  Such notice of failure to issue shall

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

 6  expired confirmation shall be made available for reallocation

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

 8  using allocation for mortgage credit certificates, the issuer

 9  will notify the division in writing within 5 business days

10  that such allocation for mortgage credit certificates,

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

12  allowing the division to reallocate such amounts.

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

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

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

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

17  and the availability of any excess unissued allocation.  On

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

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

20  no later than the following business day by overnight common

21  carrier delivery service containing the information described

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

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

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

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

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

27  and shall be made available for reallocation. Except for

28  allocations for which an election has been made to issue

29  mortgage credit certificates, any allocation made under this

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

31  overnight common carrier delivery service with the division no

                                  2
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  later than the following business day.

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

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

 4         159.806  Regional allocation pools.--

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

 6  allocation pool for issuing written confirmations of

 7  allocation for private activity bonds.  In issuing such

 8  written confirmations, the division must first use the

 9  allocation pool for the region in which the agency issuing

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

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

12  allocation pool or the Florida First Business allocation pool

13  must be used to finance priority projects until such

14  allocation is exhausted unless the agency requests an

15  allocation for a priority project from the regional allocation

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

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

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

19  allocation from the allocation pool for the region in which

20  the project is to be located.

21         Section 3.  Effective January 1, 2001, subsection (2)

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

23         159.807  State allocation pool.--

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

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

26  available solely to provide written confirmations for private

27  activity bonds to finance priority projects except

28  manufacturing facilities. To obtain a written allocation for

29  private activity bonds to finance a priority project from the

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

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

                                  3
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

 2  notices of intent to issue for priority projects does not

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

 4  director shall issue written confirmation for each notice of

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

 6  requested in notices of intent to issue private activity bonds

 7  for priority projects exceeds the total amount of the state

 8  allocation pool, the director shall forward all timely notices

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

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

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

12  confirmations.  If additional portions of the state volume

13  limitation of private activity bonds permitted to be issued in

14  the state are subsequently placed into the state allocation

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

16  for priority projects shall be provided written confirmations

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

18  notices of intent to issue filed with the division.

19         Section 4.  Section 159.809, Florida Statutes, is

20  amended to read:

21         159.809  Recapture of unused amounts.--

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

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

24  the division has not issued a written confirmation has not

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

26  for bonds utilizing such an allocation has not been received

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

28  Florida First Business allocation pool.

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

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

31  which the division has not issued a written confirmation has

                                  4
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

 2  report for bonds utilizing such an allocation has not been

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

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

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

 6  159.804(3) for which the division has not issued a written

 7  confirmation or has not received an issuance report shall be

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

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

10  which a written confirmation has been issued and which

11  confirmation expires or is relinquished by the agency

12  receiving the allocation, shall be added to the state

13  allocation pool.

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

15  allocation made to the Florida First Business allocation pool

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

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

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

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

20  be returned to the Florida First Business allocation pool.

21         (4)(3)  On November 16 of each year, any portion of the

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

23  159.804(5), or subsection (1), or subsection (2), or

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

25  which an issuance report for bonds utilizing such an

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

27  date shall be added to the state allocation pool.

28         Section 5.  Subsection (1) of section 159.81, Florida

29  Statutes, is amended to read:

30         159.81  Unused allocations; carryforwards.--

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

                                  5
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

 2  confirmations for priority projects which qualify for a

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

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

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

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

 7  for carryforward only after receipt of a certification from

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

 9  the project has been approved by such office to receive

10  carryforward.

11         Section 6.  Section 159.8083, Florida Statutes, is

12  amended to read:

13         159.8083  Florida First Business allocation pool.--The

14  Florida First Business allocation pool is hereby established.

15  The Florida First Business allocation pool shall be available

16  solely to provide written confirmation for private activity

17  bonds to finance Florida First Business projects certified by

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

19  eligible to receive a written confirmation. Allocations from

20  such pool shall be awarded statewide pursuant to procedures

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

22  159.805(2), (3), and (6) do not apply. Florida First Business

23  projects that are eligible for a carryforward shall not lose

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

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

26  for and have been granted a carryforward by the division

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

28  allocations for Florida First Business projects, the division

29  shall use the Florida First Business allocation pool. If

30  allocation is not available from the Florida First Business

31  allocation pool, the division shall issue written

                                  6
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  confirmations of allocations for Florida First Business

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

 3  For the purpose of determining priority within a regional

 4  allocation pool or the state allocation pool, notices of

 5  intent to issue bonds for Florida First Business projects to

 6  be issued from a regional allocation pool or the state

 7  allocation pool shall be considered to have been received by

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

 9  the Florida First Business allocation pool is unavailable to

10  issue confirmation for such Florida First Business project.

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

12  private activity bonds for Florida First Business projects

13  exceeds the total amount of the Florida First Business

14  allocation pool, the director shall forward all timely notices

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

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

17  Development which shall render a decision as to which notices

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

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

20  consultation with the division, shall develop rules to ensure

21  that the allocation provided in such pool is available solely

22  to provide written confirmations for private activity bonds to

23  finance Florida First Business projects and that such projects

24  are feasible and financially solvent.

25         Section 7.  Effective upon this act becoming a law and

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

27  Florida Statutes, is amended to read:

28         196.1978  Affordable Low-income housing property

29  exemption.--Property used to provide affordable housing

30  serving eligible pursuant to any state housing program

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

                                  7
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

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

 3  property is owned entirely by a nonprofit entity corporation

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

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

 6  96-32, 1996-1 C.B. 717, shall be considered property owned by

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

 8  portions of the affordable housing property which provide

 9  housing to individuals with incomes as defined in s.

10  420.0004(9), (10), and (14) such property shall be exempt from

11  ad valorem taxation to the extent authorized in s. 196.196.

12  All property identified in this section shall comply with the

13  criteria for determination of exempt status to be applied by

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

15  196.195. The Legislature intends that any property owned by a

16  limited liability company which is disregarded as an entity

17  for federal income tax purposes pursuant to Treasury

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

19  its sole member.

20         Section 8.  Subsections (37) and (38) are added to

21  section 420.507, Florida Statutes, to read:

22         420.507  Powers of the corporation.--The corporation

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

24  and effectuate the purposes and provisions of this part,

25  including the following powers which are in addition to all

26  other powers granted by other provisions of this part:

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

28  corporation competitive program, for the reservation of future

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

30  is ultimately successful in its litigation regarding a

31  competitive application, and to establish a date certain by

                                  8
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

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

 3  or funding.

 4         (38)  To designate private activity allocation for

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

 6  VI of chapter 159 between single-family and multifamily

 7  projects.

 8         Section 9.  Subsection (3) of section 420.5099, Florida

 9  Statutes, is amended to read:

10         420.5099  Allocation of the low-income housing tax

11  credit.--

12         (3)  The corporation may request such information from

13  applicants as will enable it to make the allocations according

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

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

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

17         Section 10.  Section 420.526, Florida Statutes, is

18  amended to read:

19         420.526  Predevelopment Loan Program; loans and grants

20  authorized; activities eligible for support.--

21         (1)  The corporation is authorized to underwrite and

22  make loans and grants from the Housing Predevelopment Fund to

23  eligible sponsors when it determines that:

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

25  exists in the area described in the application; and

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

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

28  site acquisition, site development, construction,

29  rehabilitation, maintenance, or support of the housing

30  proposed in the application.

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

                                  9
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

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

 3  sponsor's inability to obtain construction or permanent

 4  financing for the development.  The corporation shall not

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

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

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

 8  sponsor that is unable to demonstrate the ability to proceed

 9  as verified by a qualified development team.

10         (3)  The corporation shall establish rules for the

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

12  need and demand for housing for the target population.

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

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

15  program shall be reserved for Sponsors of farmworker housing,

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

17  further priorities shall be as established by rule of the

18  corporation.

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

20  housing predevelopment loans and grants shall include, but not

21  be limited to:

22         (a)  Site acquisition.

23         (b)  Site development.

24         (c)  Fees for requisite services from architects,

25  engineers, surveyors, attorneys, and other professionals.

26         (d)  Marketing expenses relating to advertisement.

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

28  housing predevelopment grants shall include, but not be

29  limited to:

30         (e)(a)  Administrative expenses.

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

                                  10
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1         (g)(c)  Consulting fees.

 2         (5)(6)  Any funds paid out of the Housing

 3  Predevelopment Fund for activities under ss. 420.521-420.529

 4  which are reimbursed to the sponsor from another source shall

 5  be repaid to the fund.

 6         (7)  Sponsors receiving loans for professional fees may

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

 8  proposed project would not be feasible for housing for the

 9  target population.

10         (6)(8)  Terms and conditions of housing predevelopment

11  loan agreements shall be established by rule and shall

12  include:

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

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

15  corporation.

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

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

18  initiation of permanent financing, whichever event occurs

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

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

21  circumstances exist and if such extension would not jeopardize

22  the corporation's security interest.

23         (c)  Provision of reasonable security for the housing

24  predevelopment loan to ensure the repayment of the principal

25  and any interest accrued within the term specified.

26  Reasonable security shall be a promissory note secured by a

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

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

29  housing predevelopment loan or other collateral acceptable to

30  the corporation.

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

                                  11
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  be used for the development of housing and related services

 2  for the target population.

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

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

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

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

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

 8  prices or rents for dwellings constructed on such land.

 9         (f)  Provisions to ensure that any land acquired

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

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

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

13  which specifically prohibits discrimination based on race,

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

15  other applicable federal or state laws.

16         (7)(9)  No predevelopment loan made under this section

17  shall exceed the lesser of:

18         (a)  The development and acquisition costs for the

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

20         (b)  Five hundred thousand dollars.

21         (8)(10)  Any real property or any portion thereof

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

23  disposed of by the eligible sponsor upon the terms and

24  conditions established by rule of the corporation and

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

26  the actual prorated land costs, development costs, accrued

27  taxes, and interest.

28         Section 11.  Subsections (3), (5), (7), and (8) of

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

30         420.609  Affordable Housing Study Commission.--Because

31  the Legislature firmly supports affordable housing in Florida

                                  12
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  for all economic classes:

 2         (3)  The department and the corporation agency shall

 3  supply such information, assistance, and facilities as are

 4  deemed necessary for the commission to carry out its duties

 5  under this section and shall provide such staff assistance as

 6  is necessary for the performance of required clerical and

 7  administrative functions of the commission.

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

 9  recommendations regarding existing and proposed housing

10  programs and initiatives.  The commission shall provide these

11  and any other housing recommendations to the secretary of the

12  Department of Community Affairs and the executive director of

13  the corporation.

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

15  2001 1992, the commission shall prepare and submit to the

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

17  House of Representatives a report detailing its findings and

18  making specific program, legislative, and funding

19  recommendations and any other recommendations it deems

20  appropriate.

21         (8)  The commission shall recommend studies to be

22  conducted for included in the annual research agenda of the

23  Multidisciplinary Center for affordable housing. These

24  recommendations shall be submitted to the department and the

25  center in order to assist them in establishing an appropriate

26  research agenda for the center.

27         Section 12.  Subsections (4) and (27) of section

28  420.9071, Florida Statutes, are amended to read:

29         420.9071  Definitions.--As used in ss.

30  420.907-420.9079, the term:

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

                                  13
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  defined under the Section 8 housing assistance payments

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

 3  the census long form for the recent available decennial

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

 5  reporting under Internal Revenue Service Form 1040 for

 6  individual federal annual income tax purposes. Counties and

 7  eligible municipalities shall calculate income by annualizing

 8  verified sources projecting the prevailing annual rate of

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

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

11  the effective date of the determination.

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

13  acquisition of an existing or newly constructed unit, the

14  amount on the executed sales contract. For eligible persons

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

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

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

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

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

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

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

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

23  rehabilitation or emergency repair of an existing unit that

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

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

26  appraisal performed by a state-certified appraiser and dated

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

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

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

30  In the case of rehabilitation of an existing unit that

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

                                  14
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

 2  an appraisal performed by a state-certified appraiser and

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

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

 5  the county property appraiser, plus the cost of the

 6  improvements in either case.

 7         Section 13.  Paragraph (e) of subsection (3) and

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

 9  Statutes, are amended to read:

10         420.9075  Local housing assistance plans;

11  partnerships.--

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

13  the following criteria and administrative procedures:

14         (e)  The staff or entity that has administrative

15  authority for implementing a local housing assistance plan

16  assisting rental developments shall annually monitor and

17  determine tenant eligibility or, to the extent the Florida

18  Housing Finance Corporation provides the same monitoring and

19  determination, a municipality, county, or local housing

20  financing authority may rely on such monitoring and

21  determination of tenant eligibility.

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

23  eligible sponsors or eligible persons for the purpose of

24  providing eligible housing:

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

26  eligible housing may not exceed 90 percent of the average

27  median area purchase price in the statistical area in which

28  where the eligible housing is located, which housing was

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

30  sufficient statistical information is available or, as

31  established by the United States Department of Treasury.

                                  15
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1

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

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

 4  project and there is a conflict between the criteria

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

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

 7  eligible municipality may resolve the conflict by giving

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

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

10  criteria prescribed in this subsection with the exception of

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

12         Section 14.  Section 760.26, Florida Statutes, is

13  created to read:

14         760.26  Prohibited discrimination in land use decisions

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

16  discriminate in land use decisions or in the permitting of

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

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

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

20  proposed development.

21         Section 15.  State Farmworker Housing Pilot Loan

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

23  created for the purpose of demonstrating the ability to use

24  state dedicated funds to leverage Federal Government, local

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

26  and sanitary rental housing units for farmworkers.

27         (1)  Subject to the availability of funds appropriated

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

29  Florida Housing Finance Corporation shall have the authority

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

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

                                  16
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1         (a)  Agrees to:

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

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

 4  Statutes;

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

 6  whose family income does not exceed:

 7         a.  Fifty percent of the adjusted local median income

 8  in areas which are not metropolitan statistical areas; or

 9         b.  Forty percent of adjusted local median income in

10  metropolitan statistical areas; and

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

12  maximum household income adjusted to unit size; or

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

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

15  meets maximum rental limits, tenant eligibility, and other

16  regulatory requirements established pursuant to such programs.

17         (2)  The corporation shall issue a request for

18  proposals to solicit applications for loans offered pursuant

19  to this section and shall establish a funding cycle to

20  distribute funds pursuant to this section.  The corporation

21  shall coordinate this cycle with the fiscal year 2001 federal

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

23  Federal Housing Act of 1949.  The corporation may distribute

24  through this funding cycle any additional funds set aside for

25  farmworker housing under the State Apartment Incentive Loan

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

27  funds appropriated for the State Farmworker Housing Pilot Loan

28  Program.

29         (3)  All eligible applications shall:

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

31  firm site control of land and evidences availability of

                                  17
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  required infrastructure.

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

 3  from other sources collectively totaling at least 25 percent

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

 5  or contributions need not be committed at the time of

 6  application. The corporation shall establish a set time for

 7  receipt of such commitments.

 8         (c)  Have local government contributions and private

 9  agriculture producer funds and other private leveraged funds

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

11         (d)  Demonstrate accessibility to commercial businesses

12  and services needed to serve the needs of the resident

13  farmworkers or include a viable plan to provide access to

14  those commercial businesses and services.

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

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

17         (4)  The corporation shall establish a review committee

18  composed of staff of the Department of Community Affairs

19  selected by the Secretary of Community Affairs and staff of

20  the corporation and shall establish a scoring system for

21  evaluation and competitive ranking of applications submitted

22  in this program.

23         (a)  Each application shall address and be evaluated

24  and ranked based on the following criteria:

25         1.  A demonstrated need for farmworker housing:

26  Proposed developments in a county determined by the Shimberg

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

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

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

30  shall receive maximum points. Sponsors proposing developments

31  in other counties and demonstrating a high need for farmworker

                                  18
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  housing through other state or local governmental reports or

 2  market studies are eligible for funding under this section,

 3  but shall receive less points.

 4         2.  Developer fees: Sponsors with developer fees less

 5  than 15 percent shall be awarded additional points. There

 6  shall be no identity of interest between the sponsor,

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

 8  affiliated entities shall not receive any financial or other

 9  remuneration from the contractor as a condition of the

10  contractor's selection.

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

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

13  or migrant workers, including unaccompanied workers, shall

14  receive additional points.

15         4.  Innovation: Innovative planning concepts such as a

16  phased development plan for mixed-income or occupational

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

18  shall receive additional points.

19         5.  Innovative building designs: Innovative building

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

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

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

23  providing safe, sanitary, and decent housing shall receive

24  additional points.

25         6.  Federal Government contributions: Scoring shall

26  provide additional points based on the percentage of federal

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

28  proposed project.  The corporation shall establish a set time

29  for receipt of such commitments, taking into consideration the

30  application deadlines and projected determination periods set

31  by each of the agencies responsible for the federal funds

                                  19
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  proposed as leveraged.  The corporation may give more points

 2  to applications with commitments of federal contributions.

 3         7.  Local government participation: Evidence of local

 4  government participation in project planning demonstrating a

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

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

 7  other activities, shall receive additional points.

 8         8.  A provision for supportive services accessible

 9  onsite or through cooperative agreements with service

10  providers in the community: Scoring shall provide additional

11  points to eligible applications that provide one or more

12  qualified tenant programs to enhance quality of life for

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

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

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

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

17  Second Language courses, and GED courses.

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

19  developments shall include the equivalent of 0.25 full

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

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

22  unit; and appropriate minimum storage space. Flexibility shall

23  be permitted for innovative designs which meet the needs of

24  the population served.

25         a.  The following items are not required and shall

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

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

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

29  garbage disposals, and cable television hookups.

30         b.  The following items are not required but shall

31  receive additional points in the scoring of applications:

                                  20
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

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

 3  covered picnic area, playground, outdoor recreation area for

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

 5  multipurpose room or clubhouse, air conditioning or

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

 7  occupancy, hurricane shutters or resistant glass, and energy

 8  conservation features.

 9         10.  The feasibility and economic viability of the

10  project.

11         11.  The sponsor's development experience: Scoring

12  shall provide the most points to eligible applicants with

13  successful experience in the development of farmworker housing

14  commensurate to the size and scope of the proposed

15  development.  Applicants with less development experience or

16  experience in projects substantially smaller than that

17  proposed shall receive less points.  The experience may be

18  that of an affiliated or controlling corporation where the

19  eligible applicant is established to limit liability of the

20  affiliated group.

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

22  provide the most points to eligible applicants with successful

23  experience in the management of farmworker housing

24  commensurate to the size and scope of the proposed

25  development.  Applicants with less management experience or

26  experience in projects substantially smaller than the proposed

27  development shall receive less points. The experience may be

28  that of an affiliated or controlling nonprofit corporation

29  where the eligible applicant is established to limit liability

30  of the affiliated group.

31         13.  The ability to proceed with construction: Scoring

                                  21
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  shall provide the most points to those applicants able to

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

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

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

 5  safety, infrastructure availability, schematic site plans and

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

 7  approval.

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

 9  eligible farmworker tenants.

10         (b)  The corporation may reject any application.

11         (c)  The review committee established by the

12  corporation shall make recommendations to the board of

13  directors of the corporation regarding program participation

14  under the State Farmworker Housing Pilot Loan Program.  The

15  corporation board shall make the final ranking and the

16  decisions regarding which applicants shall become program

17  participants based on the scores received in the competitive

18  ranking, further review of applications, and the

19  recommendations of the review committee.  The corporation

20  board shall approve or reject applications for loans and shall

21  determine the tentative loan amount available to each

22  applicant selected for participation in the program.

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

24  nonamortizing.  The corporation shall establish interest rates

25  for loans made pursuant to this section.  Loans to

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

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

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

29  allocated to the development, the interest rate may be

30  adjusted upward to meet appropriate federal requirements.

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

                                  22
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





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

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

 3  allocated to the development, the interest rate may be

 4  adjusted upward to meet appropriate federal requirements.

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

 6  shall apply to all loans provided under this section:

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

 8  superior position shall exceed the development cost or the

 9  value of security, whichever is less.

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

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

12  loan in order to extend the availability of housing for

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

14  period for which the sponsor agrees to provide housing for

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

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

17  principal and interest may be deferred without constituting a

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

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

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

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

22  occurs first.

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

24  Florida Statutes, shall apply to all loans.

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

26  construction or substantial rehabilitation which creates

27  affordable, safe, and sanitary housing units.

28         (e)  Sponsors shall annually certify the eligibility

29  status and adjusted gross income of all persons or families

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

31  funded by this program.  For monitoring purposes, the

                                  23
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  corporation may rely on a federal governmental entity which is

 2  also required to monitor and determine tenant eligibility.

 3         (f)  If agricultural and market conditions change

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

 5  the sponsor may request approval from the corporation for

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

 7  The sponsor shall submit evidence of such market changes,

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

 9  from agricultural producers and agricultural labor

10  representatives.  The board of directors of the corporation

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

12  preserve the maximum percentage of units for eligible

13  farmworkers as market conditions permit.

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

15  foreclose on any mortgage or security interest or commence any

16  legal action to protect the interest of the corporation and

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

18  and fees.  The corporation may acquire real or personal

19  property or any interest in such property when that

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

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

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

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

24  cannot be effected within a reasonable time, lease such

25  property for occupancy by eligible persons. All sums recovered

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

27  shall be deposited into an account established by the

28  corporation in a qualified public depository meeting the

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

30  expending moneys appropriated to fund the State Farmworker

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

                                  24
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1         (7)  Subject to the availability of funds appropriated

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

 3  Florida Housing Finance Corporation shall contract with a

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

 5  Internal Revenue Code, representing a mix of stakeholders

 6  concerned with housing conditions faced by migrant and

 7  seasonal farmworkers with demonstrated expertise in housing

 8  issues. The corporation shall select such contractor within 90

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

10  corporation in establishing and implementing the State

11  Farmworker Housing Pilot Loan Program, and to prepare a

12  research report that includes a needs assessment and strategic

13  plan for agricultural labor housing in this state.  The

14  research report shall be submitted to the Governor, the

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

16  Representatives.  The report shall:

17         (a)  Identify localities throughout this state having

18  the greatest need for newly-constructed or rehabilitated

19  agricultural labor housing.

20         (b)  Identify successful project prototypes to provide

21  safe, decent, and affordable agricultural housing.

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

23  the development of agricultural housing.

24         (d)  Profile successful state and local government

25  programs within and without this state that address

26  agricultural housing needs.

27

28

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

30  And the title is amended as follows:

31         On page 1, line 2, delete all of said line,

                                  25
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1  and insert:

 2         An act relating to affordable housing; amending

 3         s. 159.805, F.S.; revising procedures for

 4         obtaining allocations of private activity

 5         bonds; amending s. 159.806, F.S.; specifying

 6         use of Florida First Business allocation pool

 7         for priority projects before using regional

 8         allocation pools; amending s. 159.807, F.S.;

 9         requiring availability of the state allocation

10         pool for certain purposes; amending s.

11         159.8083, F.S.; clarifying preservation of

12         allocations for certain Florida First Business

13         projects; amending s. 159.809, F.S.; clarifying

14         recapture by the Florida First Business

15         allocation pool of portions of certain unused

16         allocations; amending s. 159.81, F.S.;

17         providing for granting requests for

18         carryforward of certain allocations relating to

19         Florida First Business projects under certain

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

21         expanding the classes of certain low-income

22         housing property as property owned by an exempt

23         entity and used for charitable purposes;

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

25         powers of the corporation with respect to

26         reservation of future allocation or funding and

27         designation of private activity bond

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

29         correcting an administrative rule cross

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

31         provisions of the Predevelopment Loan Program

                                  26
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1         to provide for targeting of funds and

 2         forgiveness of loans under certain

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

 4         requiring the corporation to assist the

 5         Affordable Housing Study Commission for certain

 6         purposes; requiring the commission to provide

 7         certain commission recommendations to the

 8         corporation; changing the date of submittal for

 9         the commission's report; revising the

10         commission's recommended studies requirements;

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

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

13         revising entities authorized to monitor and

14         determine tenant eligibility under local

15         housing assistance plans; revising criteria for

16         eligibility awards under such plans; creating

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

18         land use decisions and in permitting of

19         development; establishing the State Farmworker

20         Housing Pilot Loan Program; providing for

21         administration by the Florida Housing Finance

22         Corporation; providing sponsor requirements;

23         requiring the corporation to issue a request

24         for proposals for loan applications for certain

25         purposes; requiring the corporation to

26         establish a loan distribution mechanism;

27         providing eligible loan applicant requirements;

28         providing for establishment of an application

29         review committee; providing criteria for loan

30         applications; providing duties and

31         responsibilities of the corporation and review

                                  27
    5:11 PM   05/01/00                                s2102c-25m0b




                                                  SENATE AMENDMENT

    Bill No. SB 2102

    Amendment No.    





 1         committee; providing requirements for such

 2         loans; providing procedures and requirements

 3         for loan defaults; requiring the corporation to

 4         contract with the Florida Farmworker Housing

 5         Coalition, Inc., for certain purposes;

 6         requiring a report to the Governor and

 7         Legislature; providing report requirements;

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  28
    5:11 PM   05/01/00                                s2102c-25m0b