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





                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay offered the following:

12

13         Amendment (with title amendment) 

14         On page 4, line 7,

15  remove from the bill:  everything after the enacting clause,

16

17  and insert in lieu thereof:

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

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

20  159.805, Florida Statutes, are amended to read:

21         159.805  Procedures for obtaining allocations;

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

23         (2)  Any written confirmation issued by the director

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

25  bonds to which that confirmation applies have been issued by

26  the agency and written notice of such issuance has been

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

28  date the confirmation was issued or December 29, whichever

29  occurs first.

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

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

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

 3  notify the division, by overnight common carrier delivery

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

 5  written confirmation.  Such notice of failure to issue shall

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

 7  expired confirmation shall be made available for reallocation

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

 9  using allocation for mortgage credit certificates, the issuer

10  will notify the division in writing within 5 business days

11  that such allocation for mortgage credit certificates,

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

13  allowing the division to reallocate such amounts.

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

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

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

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

18  and the availability of any excess unissued allocation.  On

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

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

21  no later than the following business day by overnight common

22  carrier delivery service containing the information described

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

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

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

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

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

28  and shall be made available for reallocation. Except for

29  allocations for which an election has been made to issue

30  mortgage credit certificates, any allocation made under this

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

                                  2

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  overnight common carrier delivery service with the division no

 2  later than the following business day.

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

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

 5         159.806  Regional allocation pools.--

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

 7  allocation pool for issuing written confirmations of

 8  allocation for private activity bonds.  In issuing such

 9  written confirmations, the division must first use the

10  allocation pool for the region in which the agency issuing

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

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

13  allocation pool or the Florida First Business allocation pool

14  must be used to finance priority projects until such

15  allocation is exhausted unless the agency requests an

16  allocation for a priority project from the regional allocation

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

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

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

20  allocation from the allocation pool for the region in which

21  the project is to be located.

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

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

24         159.807  State allocation pool.--

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

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

27  available solely to provide written confirmations for private

28  activity bonds to finance priority projects except

29  manufacturing facilities. To obtain a written allocation for

30  private activity bonds to finance a priority project from the

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

                                  3

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

 3  notices of intent to issue for priority projects does not

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

 5  director shall issue written confirmation for each notice of

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

 7  requested in notices of intent to issue private activity bonds

 8  for priority projects exceeds the total amount of the state

 9  allocation pool, the director shall forward all timely notices

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

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

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

13  confirmations.  If additional portions of the state volume

14  limitation of private activity bonds permitted to be issued in

15  the state are subsequently placed into the state allocation

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

17  for priority projects shall be provided written confirmations

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

19  notices of intent to issue filed with the division.

20         Section 4.  Section 159.809, Florida Statutes, is

21  amended to read:

22         159.809  Recapture of unused amounts.--

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

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

25  the division has not issued a written confirmation has not

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

27  for bonds utilizing such an allocation has not been received

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

29  Florida First Business allocation pool.

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

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

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  which the division has not issued a written confirmation has

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

 3  report for bonds utilizing such an allocation has not been

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

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

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

 7  159.804(3) for which the division has not issued a written

 8  confirmation or has not received an issuance report shall be

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

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

11  which a written confirmation has been issued and which

12  confirmation expires or is relinquished by the agency

13  receiving the allocation, shall be added to the state

14  allocation pool.

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

16  allocation made to the Florida First Business allocation pool

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

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

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

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

21  be returned to the Florida First Business allocation pool.

22         (4)(3)  On November 16 of each year, any portion of the

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

24  159.804(5), or subsection (1), or subsection (2), or

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

26  which an issuance report for bonds utilizing such an

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

28  date shall be added to the state allocation pool.

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

30  Statutes, is amended to read:

31         159.81  Unused allocations; carryforwards.--

                                  5

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

 3  confirmations for priority projects which qualify for a

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

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

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

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

 8  for carryforward only after receipt of a certification from

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

10  the project has been approved by such office to receive

11  carryforward.

12         Section 6.  Section 159.8083, Florida Statutes, is

13  amended to read:

14         159.8083  Florida First Business allocation pool.--The

15  Florida First Business allocation pool is hereby established.

16  The Florida First Business allocation pool shall be available

17  solely to provide written confirmation for private activity

18  bonds to finance Florida First Business projects certified by

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

20  eligible to receive a written confirmation. Allocations from

21  such pool shall be awarded statewide pursuant to procedures

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

23  159.805(2), (3), and (6) do not apply. Florida First Business

24  projects that are eligible for a carryforward shall not lose

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

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

27  for and have been granted a carryforward by the division

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

29  allocations for Florida First Business projects, the division

30  shall use the Florida First Business allocation pool. If

31  allocation is not available from the Florida First Business

                                  6

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  allocation pool, the division shall issue written

 2  confirmations of allocations for Florida First Business

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

 4  For the purpose of determining priority within a regional

 5  allocation pool or the state allocation pool, notices of

 6  intent to issue bonds for Florida First Business projects to

 7  be issued from a regional allocation pool or the state

 8  allocation pool shall be considered to have been received by

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

10  the Florida First Business allocation pool is unavailable to

11  issue confirmation for such Florida First Business project.

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

13  private activity bonds for Florida First Business projects

14  exceeds the total amount of the Florida First Business

15  allocation pool, the director shall forward all timely notices

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

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

18  Development which shall render a decision as to which notices

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

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

21  consultation with the division, shall develop rules to ensure

22  that the allocation provided in such pool is available solely

23  to provide written confirmations for private activity bonds to

24  finance Florida First Business projects and that such projects

25  are feasible and financially solvent.

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

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

28  Florida Statutes, is amended to read:

29         196.1978  Affordable Low-income housing property

30  exemption.--Property used to provide affordable housing

31  serving eligible pursuant to any state housing program

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

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

 4  property is owned entirely by a nonprofit entity corporation

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

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

 7  96-32, 1996-1 C.B. 717, shall be considered property owned by

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

 9  portions of the affordable housing property which provide

10  housing to individuals with incomes as defined in s.

11  420.0004(9) and (14) such property shall be exempt from ad

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

13  property identified in this section shall comply with the

14  criteria for determination of exempt status to be applied by

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

16  196.195. The Legislature intends that any property owned by a

17  limited liability company which is disregarded as an entity

18  for federal income tax purposes pursuant to Treasury

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

20  its sole member.

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

22  section 420.507, Florida Statutes, to read:

23         420.507  Powers of the corporation.--The corporation

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

25  and effectuate the purposes and provisions of this part,

26  including the following powers which are in addition to all

27  other powers granted by other provisions of this part:

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

29  corporation competitive program, for the reservation of future

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

31  is ultimately successful in its litigation regarding a

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  competitive application, and to establish a date certain by

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

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

 4  or funding.

 5         (38)  To designate private activity allocation for

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

 7  VI of chapter 159 between single-family and multifamily

 8  projects.

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

10  Statutes, is amended to read:

11         420.5099  Allocation of the low-income housing tax

12  credit.--

13         (3)  The corporation may request such information from

14  applicants as will enable it to make the allocations according

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

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

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

18         Section 10.  Section 420.526, Florida Statutes, is

19  amended to read:

20         420.526  Predevelopment Loan Program; loans and grants

21  authorized; activities eligible for support.--

22         (1)  The corporation is authorized to underwrite and

23  make loans and grants from the Housing Predevelopment Fund to

24  eligible sponsors when it determines that:

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

26  exists in the area described in the application; and

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

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

29  site acquisition, site development, construction,

30  rehabilitation, maintenance, or support of the housing

31  proposed in the application.

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

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

 4  sponsor's inability to obtain construction or permanent

 5  financing for the development.  The corporation shall not

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

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

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

 9  sponsor that is unable to demonstrate the ability to proceed

10  as verified by a qualified development team.

11         (3)  The corporation shall establish rules for the

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

13  need and demand for housing for the target population.

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

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

16  program shall be reserved for Sponsors of farmworker housing,

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

18  further priorities shall be as established by rule of the

19  corporation.

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

21  housing predevelopment loans and grants shall include, but not

22  be limited to:

23         (a)  Site acquisition.

24         (b)  Site development.

25         (c)  Fees for requisite services from architects,

26  engineers, surveyors, attorneys, and other professionals.

27         (d)  Marketing expenses relating to advertisement.

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

29  housing predevelopment grants shall include, but not be

30  limited to:

31         (e)(a)  Administrative expenses.

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2         (g)(c)  Consulting fees.

 3         (5)(6)  Any funds paid out of the Housing

 4  Predevelopment Fund for activities under ss. 420.521-420.529

 5  which are reimbursed to the sponsor from another source shall

 6  be repaid to the fund.

 7         (7)  Sponsors receiving loans for professional fees may

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

 9  proposed project would not be feasible for housing for the

10  target population.

11         (6)(8)  Terms and conditions of housing predevelopment

12  loan agreements shall be established by rule and shall

13  include:

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

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

16  corporation.

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

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

19  initiation of permanent financing, whichever event occurs

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

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

22  circumstances exist and if such extension would not jeopardize

23  the corporation's security interest.

24         (c)  Provision of reasonable security for the housing

25  predevelopment loan to ensure the repayment of the principal

26  and any interest accrued within the term specified.

27  Reasonable security shall be a promissory note secured by a

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

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

30  housing predevelopment loan or other collateral acceptable to

31  the corporation.

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2  be used for the development of housing and related services

 3  for the target population.

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

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

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

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

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

 9  prices or rents for dwellings constructed on such land.

10         (f)  Provisions to ensure that any land acquired

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

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

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

14  which specifically prohibits discrimination based on race,

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

16  other applicable federal or state laws.

17         (7)(9)  No predevelopment loan made under this section

18  shall exceed the lesser of:

19         (a)  The development and acquisition costs for the

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

21         (b)  Five hundred thousand dollars.

22         (8)(10)  Any real property or any portion thereof

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

24  disposed of by the eligible sponsor upon the terms and

25  conditions established by rule of the corporation and

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

27  the actual prorated land costs, development costs, accrued

28  taxes, and interest.

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

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

31         420.609  Affordable Housing Study Commission.--Because

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  the Legislature firmly supports affordable housing in Florida

 2  for all economic classes:

 3         (3)  The department and the corporation agency shall

 4  supply such information, assistance, and facilities as are

 5  deemed necessary for the commission to carry out its duties

 6  under this section and shall provide such staff assistance as

 7  is necessary for the performance of required clerical and

 8  administrative functions of the commission.

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

10  recommendations regarding existing and proposed housing

11  programs and initiatives.  The commission shall provide these

12  and any other housing recommendations to the secretary of the

13  Department of Community Affairs and the executive director of

14  the corporation.

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

16  2001 1992, the commission shall prepare and submit to the

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

18  House of Representatives a report detailing its findings and

19  making specific program, legislative, and funding

20  recommendations and any other recommendations it deems

21  appropriate.

22         (8)  The commission shall recommend studies to be

23  conducted for included in the annual research agenda of the

24  Multidisciplinary Center for affordable housing. These

25  recommendations shall be submitted to the department and the

26  center in order to assist them in establishing an appropriate

27  research agenda for the center.

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

29  420.9071, Florida Statutes, are amended to read:

30         420.9071  Definitions.--As used in ss.

31  420.907-420.9079, the term:

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2  defined under the Section 8 housing assistance payments

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

 4  the census long form for the recent available decennial

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

 6  reporting under Internal Revenue Service Form 1040 for

 7  individual federal annual income tax purposes. Counties and

 8  eligible municipalities shall calculate income by annualizing

 9  verified sources projecting the prevailing annual rate of

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

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

12  the effective date of the determination.

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

14  acquisition of an existing or newly constructed unit, the

15  amount on the executed sales contract. For eligible persons

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

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

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

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

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

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

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

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

24  rehabilitation or emergency repair of an existing unit that

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

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

27  appraisal performed by a state-certified appraiser and dated

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

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

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

31  In the case of rehabilitation of an existing unit that

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

 3  an appraisal performed by a state-certified appraiser and

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

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

 6  the county property appraiser, plus the cost of the

 7  improvements in either case.

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

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

10  Statutes, are amended to read:

11         420.9075  Local housing assistance plans;

12  partnerships.--

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

14  the following criteria and administrative procedures:

15         (e)  The staff or entity that has administrative

16  authority for implementing a local housing assistance plan

17  assisting rental developments shall annually monitor and

18  determine tenant eligibility or, to the extent the Florida

19  Housing Finance Corporation provides the same monitoring and

20  determination, a municipality, county, or local housing

21  financing authority may rely on such monitoring and

22  determination of tenant eligibility.

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

24  eligible sponsors or eligible persons for the purpose of

25  providing eligible housing:

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

27  eligible housing may not exceed 90 percent of the average

28  median area purchase price in the statistical area in which

29  where the eligible housing is located, which housing was

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

31  sufficient statistical information is available or, as

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  established by the United States Department of Treasury.

 2

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

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

 5  project and there is a conflict between the criteria

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

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

 8  eligible municipality may resolve the conflict by giving

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

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

11  criteria prescribed in this subsection with the exception of

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

13         Section 14.  Section 760.26, Florida Statutes, is

14  created to read:

15         760.26  Prohibited discrimination in land use decisions

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

17  discriminate in land use decisions or in the permitting of

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

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

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

21  proposed development.

22         Section 15.  State Farmworker Housing Pilot Loan

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

24  created for the purpose of demonstrating the ability to use

25  state dedicated funds to leverage Federal Government, local

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

27  and sanitary rental housing units for farmworkers.

28         (1)  Subject to the availability of funds appropriated

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

30  Florida Housing Finance Corporation shall have the authority

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

                                  16

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2         (a)  Agrees to:

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

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

 5  Statutes;

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

 7  whose family income does not exceed:

 8         a.  Fifty percent of the adjusted local median income

 9  in areas which are not metropolitan statistical areas; or

10         b.  Forty percent of adjusted local median income in

11  metropolitan statistical areas; and

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

13  maximum household income adjusted to unit size; or

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

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

16  meets maximum rental limits, tenant eligibility, and other

17  regulatory requirements established pursuant to such programs.

18         (2)  The corporation shall issue a request for

19  proposals to solicit applications for loans offered pursuant

20  to this section and shall establish a funding cycle to

21  distribute funds pursuant to this section.  The corporation

22  shall coordinate this cycle with the fiscal year 2001 federal

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

24  Federal Housing Act of 1949.  The corporation may distribute

25  through this funding cycle any additional funds set aside for

26  farmworker housing under the State Apartment Incentive Loan

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

28  funds appropriated for the State Farmworker Housing Pilot Loan

29  Program.

30         (3)  All eligible applications shall:

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

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  firm site control of land and evidences availability of

 2  required infrastructure.

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

 4  from other sources collectively totaling at least 25 percent

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

 6  or contributions need not be committed at the time of

 7  application. The corporation shall establish a set time for

 8  receipt of such commitments.

 9         (c)  Have local government contributions and private

10  agriculture producer funds and other private leveraged funds

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

12         (d)  Demonstrate accessibility to commercial businesses

13  and services needed to serve the needs of the resident

14  farmworkers or include a viable plan to provide access to

15  those commercial businesses and services.

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

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

18         (4)  The corporation shall establish a review committee

19  composed of staff of the Department of Community Affairs

20  selected by the Secretary of Community Affairs and staff of

21  the corporation and shall establish a scoring system for

22  evaluation and competitive ranking of applications submitted

23  in this program.

24         (a)  Each application shall address and be evaluated

25  and ranked based on the following criteria:

26         1.  A demonstrated need for farmworker housing:

27  Proposed developments in a county determined by the Shimberg

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

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

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

31  shall receive maximum points. Sponsors proposing developments

                                  18

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  in other counties and demonstrating a high need for farmworker

 2  housing through other state or local governmental reports or

 3  market studies are eligible for funding under this section,

 4  but shall receive less points.

 5         2.  Developer fees: Sponsors with developer fees less

 6  than 15 percent shall be awarded additional points. There

 7  shall be no identity of interest between the sponsor,

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

 9  affiliated entities shall not receive any financial or other

10  remuneration from the contractor as a condition of the

11  contractor's selection.

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

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

14  or migrant workers, including unaccompanied workers, shall

15  receive additional points.

16         4.  Innovation: Innovative planning concepts such as a

17  phased development plan for mixed-income or occupational

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

19  shall receive additional points.

20         5.  Innovative building designs: Innovative building

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

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

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

24  providing safe, sanitary, and decent housing shall receive

25  additional points.

26         6.  Federal Government contributions: Scoring shall

27  provide additional points based on the percentage of federal

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

29  proposed project.  The corporation shall establish a set time

30  for receipt of such commitments, taking into consideration the

31  application deadlines and projected determination periods set

                                  19

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  by each of the agencies responsible for the federal funds

 2  proposed as leveraged.  The corporation may give more points

 3  to applications with commitments of federal contributions.

 4         7.  Local government participation: Evidence of local

 5  government participation in project planning demonstrating a

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

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

 8  other activities, shall receive additional points.

 9         8.  A provision for supportive services accessible

10  onsite or through cooperative agreements with service

11  providers in the community: Scoring shall provide additional

12  points to eligible applications that provide one or more

13  qualified tenant programs to enhance quality of life for

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

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

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

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

18  Second Language courses, and GED courses.

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

20  developments shall include the equivalent of 0.25 full

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

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

23  unit; and appropriate minimum storage space. Flexibility shall

24  be permitted for innovative designs which meet the needs of

25  the population served.

26         a.  The following items are not required and shall

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

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

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

30  garbage disposals, and cable television hookups.

31         b.  The following items are not required but shall

                                  20

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  receive additional points in the scoring of applications:

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

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

 4  covered picnic area, playground, outdoor recreation area for

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

 6  multipurpose room or clubhouse, air conditioning or

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

 8  occupancy, hurricane shutters or resistant glass, and energy

 9  conservation features.

10         10.  The feasibility and economic viability of the

11  project.

12         11.  The sponsor's development experience: Scoring

13  shall provide the most points to eligible applicants with

14  successful experience in the development of farmworker housing

15  commensurate to the size and scope of the proposed

16  development.  Applicants with less development experience or

17  experience in projects substantially smaller than that

18  proposed shall receive less points.  The experience may be

19  that of an affiliated or controlling corporation where the

20  eligible applicant is established to limit liability of the

21  affiliated group.

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

23  provide the most points to eligible applicants with successful

24  experience in the management of farmworker housing

25  commensurate to the size and scope of the proposed

26  development.  Applicants with less management experience or

27  experience in projects substantially smaller than the proposed

28  development shall receive less points. The experience may be

29  that of an affiliated or controlling nonprofit corporation

30  where the eligible applicant is established to limit liability

31  of the affiliated group.

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1         13.  The ability to proceed with construction: Scoring

 2  shall provide the most points to those applicants able to

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

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

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

 6  safety, infrastructure availability, schematic site plans and

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

 8  approval.

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

10  eligible farmworker tenants.

11         (b)  The corporation may reject any application.

12         (c)  The review committee established by the

13  corporation shall make recommendations to the board of

14  directors of the corporation regarding program participation

15  under the State Farmworker Housing Pilot Loan Program.  The

16  corporation board shall make the final ranking and the

17  decisions regarding which applicants shall become program

18  participants based on the scores received in the competitive

19  ranking, further review of applications, and the

20  recommendations of the review committee.  The corporation

21  board shall approve or reject applications for loans and shall

22  determine the tentative loan amount available to each

23  applicant selected for participation in the program.

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

25  nonamortizing.  The corporation shall establish interest rates

26  for loans made pursuant to this section.  Loans to

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

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

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

30  allocated to the development, the interest rate may be

31  adjusted upward to meet appropriate federal requirements.

                                  22

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

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

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

 4  allocated to the development, the interest rate may be

 5  adjusted upward to meet appropriate federal requirements.

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

 7  shall apply to all loans provided under this section:

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

 9  superior position shall exceed the development cost or the

10  value of security, whichever is less.

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

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

13  loan in order to extend the availability of housing for

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

15  period for which the sponsor agrees to provide housing for

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

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

18  principal and interest may be deferred without constituting a

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

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

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

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

23  occurs first.

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

25  Florida Statutes, shall apply to all loans.

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

27  construction or substantial rehabilitation which creates

28  affordable, safe, and sanitary housing units.

29         (e)  Sponsors shall annually certify the eligibility

30  status and adjusted gross income of all persons or families

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

                                  23

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1  funded by this program.  For monitoring purposes, the

 2  corporation may rely on a federal governmental entity which is

 3  also required to monitor and determine tenant eligibility.

 4         (f)  If agricultural and market conditions change

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

 6  the sponsor may request approval from the corporation for

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

 8  The sponsor shall submit evidence of such market changes,

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

10  from agricultural producers and agricultural labor

11  representatives.  The board of directors of the corporation

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

13  preserve the maximum percentage of units for eligible

14  farmworkers as market conditions permit.

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

16  foreclose on any mortgage or security interest or commence any

17  legal action to protect the interest of the corporation and

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

19  and fees.  The corporation may acquire real or personal

20  property or any interest in such property when that

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

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

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

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

25  cannot be effected within a reasonable time, lease such

26  property for occupancy by eligible persons. All sums recovered

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

28  shall be deposited into an account established by the

29  corporation in a qualified public depository meeting the

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

31  expending moneys appropriated to fund the State Farmworker

                                  24

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2         (7)  Subject to the availability of funds appropriated

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

 4  Florida Housing Finance Corporation shall contract with a

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

 6  Internal Revenue Code, representing a mix of stakeholders

 7  concerned with housing conditions faced by migrant and

 8  seasonal farmworkers with demonstrated expertise in housing

 9  issues. The corporation shall select such contractor within 90

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

11  corporation in establishing and implementing the State

12  Farmworker Housing Pilot Loan Program, and to prepare a

13  research report that includes a needs assessment and strategic

14  plan for agricultural labor housing in this state.  The

15  research report shall be submitted to the Governor, the

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

17  Representatives.  The report shall:

18         (a)  Identify localities throughout this state having

19  the greatest need for newly-constructed or rehabilitated

20  agricultural labor housing.

21         (b)  Identify successful project prototypes to provide

22  safe, decent, and affordable agricultural housing.

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

24  the development of agricultural housing.

25         (d)  Profile successful state and local government

26  programs within and without this state that address

27  agricultural housing needs.

28         Section 16.  Except as otherwise provided herein, this

29  act shall take effect July 1, 2000.

30

31

                                  25

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, line 3, through page 4, line 4,

 4  remove from the title of the bill:  all of said lines,

 5

 6  and insert in lieu thereof:

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

 8         obtaining allocations of private activity

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

10         use of Florida First Business allocation pool

11         for priority projects before using regional

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

13         requiring availability of the state allocation

14         pool for certain purposes; amending s.

15         159.8083, F.S.; clarifying preservation of

16         allocations for certain Florida First Business

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

18         recapture by the Florida First Business

19         allocation pool of portions of certain unused

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

21         providing for granting requests for

22         carryforward of certain allocations relating to

23         Florida First Business projects under certain

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

25         expanding the classes of certain low-income

26         housing property as property owned by an exempt

27         entity and used for charitable purposes;

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

29         powers of the corporation with respect to

30         reservation of future allocation or funding and

31         designation of private activity bond

                                  26

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





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

 2         correcting an administrative rule cross

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

 4         provisions of the Predevelopment Loan Program

 5         to provide for targeting of funds and

 6         forgiveness of loans under certain

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

 8         requiring the corporation to assist the

 9         Affordable Housing Study Commission for certain

10         purposes; requiring the commission to provide

11         certain commission recommendations to the

12         corporation; changing the date of submittal for

13         the commission's report; revising the

14         commission's recommended studies requirements;

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

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

17         revising entities authorized to monitor and

18         determine tenant eligibility under local

19         housing assistance plans; revising criteria for

20         eligibility awards under such plans; creating

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

22         land use decisions and in permitting of

23         development; establishing the State Farmworker

24         Housing Pilot Loan Program; providing for

25         administration by the Florida Housing Finance

26         Corporation; providing sponsor requirements;

27         requiring the corporation to issue a request

28         for proposals for loan applications for certain

29         purposes; requiring the corporation to

30         establish a loan distribution mechanism;

31         providing eligible loan applicant requirements;

                                  27

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                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 2261

    Amendment No.     (for drafter's use only)





 1         providing for establishment of an application

 2         review committee; providing criteria for loan

 3         applications; providing duties and

 4         responsibilities of the corporation and review

 5         committee; providing requirements for such

 6         loans; providing procedures and requirements

 7         for loan defaults; requiring the corporation to

 8         contract with the Florida Farmworker Housing

 9         Coalition, Inc., for certain purposes;

10         requiring a report to the Governor and

11         Legislature; providing report requirements;

12         providing effective dates.

13

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