House Bill 2261

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    Florida House of Representatives - 2000                HB 2261

        By the Committee on Community Affairs and Representatives
    Gay, Turnbull, Ritchie, Johnson, Barreiro, Andrews and Arnall





  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 159.804, F.S.; revising allocations of

  4         private activity bonds for Florida First

  5         Business projects; amending s. 159.805, F.S.;

  6         revising procedures for obtaining allocations

  7         of private activity bonds; amending s. 159.806,

  8         F.S.; specifying use of Florida First Business

  9         allocation pool for priority projects before

10         using regional allocation pools; amending s.

11         159.807, F.S.; requiring availability of the

12         state allocation pool for certain purposes;

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

14         availability of allocations from the Florida

15         First Business allocation pool; amending s.

16         159.809, F.S.; deleting a provision for adding

17         certain unused initial allocations to the

18         Florida First Business allocation pool;

19         amending s. 159.813, F.S.; providing

20         legislative intent relating to construction of

21         certain allocation formula provisions; amending

22         s. 196.1978, F.S.; expanding the classes of

23         certain low-income housing property as property

24         owned by an exempt entity and used for

25         charitable purposes; amending s. 420.507, F.S.;

26         providing special powers of the corporation

27         with respect to reservation of future

28         allocation or funding and designation of

29         private activity bond allocation; amending s.

30         420.5092, F.S.; increasing the maximum total

31         amount of bonds issued to capitalize the

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  1         Florida Affordable Housing Guarantee Program;

  2         amending s. 420.5099, F.S.; correcting an

  3         administrative rule cross reference; creating

  4         s. 420.518, F.S.; creating the Florida's Front

  5         Porch Housing Initiative; providing legislative

  6         findings; providing a state policy; providing

  7         definitions; providing powers of the Florida

  8         Housing Finance Corporation; providing duties

  9         of the corporation; specifying maturity of

10         certain loans made by the corporation;

11         specifying uses of certain loan proceeds;

12         providing for sources of moneys and uses of

13         such moneys in the Florida Front Porch Housing

14         Loan Fund; providing for interfund loans from

15         the State Housing Trust Fund to the Florida

16         Front Porch Housing Loan Fund under certain

17         circumstances; authorizing the corporation to

18         transfer moneys in the Florida Front Porch

19         Housing Loan Fund to the State Apartment

20         Incentive Loan Fund for certain purposes under

21         certain circumstances; amending s. 420.526,

22         F.S.; revising provisions of the Predevelopment

23         Loan Program to provide for targeting of funds

24         and forgiveness of loans under certain

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

26         requiring the corporation to assist the

27         Affordable Housing Study Commission for certain

28         purposes; requiring the commission to provide

29         certain commission recommendations to the

30         corporation; changing the date of submittal for

31         the commission's report; revising the

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  1         commission's recommended studies requirements;

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

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

  4         revising entities authorized to monitor and

  5         determine tenant eligibility under local

  6         housing assistance plans; revising criteria for

  7         eligibility awards under such plans; creating

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

  9         land use decisions and in permitting of

10         development; establishing the State Farmworker

11         Housing Pilot Loan Program; providing for

12         administration by the Florida Housing Finance

13         Corporation; providing sponsor requirements;

14         requiring the corporation to issue a request

15         for proposals for loan applications for certain

16         purposes; requiring the corporation to

17         establish a loan distribution mechanism;

18         providing eligible loan applicant requirements;

19         providing for establishment of an application

20         review committee; providing criteria for loan

21         applications; providing duties and

22         responsibilities of the corporation and review

23         committee; providing requirements for such

24         loans; providing procedures and requirements

25         for loan defaults; requiring the corporation to

26         contract with the Florida Farmworker Housing

27         Coalition, Inc., for certain purposes;

28         requiring a report to the Governor and

29         Legislature; providing report requirements;

30         amending ss. 220.02 and 220.13, F.S.; deleting

31         a cross reference; repealing s. 220.185, F.S.,

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  1         relating to the state housing tax credit;

  2         repealing s. 420.5093, F.S., relating to the

  3         State Housing Tax Credit Program; providing

  4         effective dates.

  5

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

  7

  8         Section 1.  Effective January 1, 2001, paragraph (b) of

  9  subsection (1), paragraph (a) of subsection (2), and

10  subsection (5) of section 159.804, Florida Statutes, are

11  amended to read:

12         159.804  Allocation of state volume limitation.--The

13  division shall annually determine the amount of private

14  activity bonds permitted to be issued in this state under the

15  Code and shall make such information available upon request to

16  any person or agency.  The total amount of private activity

17  bonds authorized to be issued in this state pursuant to the

18  Code shall be initially allocated as follows on January 1 of

19  each year:

20         (1)

21         (b)  If on January 1 of any year, under federal law,

22  bonds for manufacturing facilities no longer require or are

23  eligible for an allocation pursuant to s. 146 of the Code, the

24  allocation of the state volume limitation in the manufacturing

25  facility pool shall be divided among the remaining pools in

26  the following manner: 60 50 percent to be shared by the 17

27  regions for use in the manner prescribed in subsection (2); 25

28  percent for use by the Florida Housing Finance Corporation in

29  the manner prescribed in subsection (3); 5 percent for use in

30  the state allocation pool in the manner prescribed in

31  subsection (4); and 10 20 percent for use in the Florida First

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  1  Business allocation pool in the manner prescribed in

  2  subsection (5).

  3         (2)(a)  Sixty Fifty percent of the state volume

  4  limitation remaining after the allocation made pursuant to

  5  subsection (1) shall be allocated among the regions

  6  established in paragraph (b) for use by all agencies whose

  7  boundaries are coterminous with or contained within each

  8  region for purposes other than to finance Florida First

  9  Business projects prior to June 1 or to issue bonds requiring

10  an allocation under s. 146(m) of the Code. The volume

11  limitation for each regional allocation pool must be an amount

12  that bears the same ratio to 60 50 percent of the state volume

13  limitation remaining after the allocation made pursuant to

14  subsection (1) for such calendar year as the population of the

15  region bears to the population of the entire state.

16         (5)  Ten Twenty percent of the state volume limitation

17  remaining after the allocation made pursuant to subsection (1)

18  shall be allocated to the Florida First Business allocation

19  pool, to be used as provided in s. 159.8083.

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

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

22  159.805, Florida Statutes, are amended to read:

23         159.805  Procedures for obtaining allocations;

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

25         (2)  Any written confirmation issued by the director

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

27  bonds to which that confirmation applies have been issued by

28  the agency and written notice of such issuance has been

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

30  date the confirmation was issued or December 29, whichever

31  occurs first.

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

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

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

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

  5  notify the division, by overnight common carrier delivery

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

  7  written confirmation.  Such notice of failure to issue shall

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

  9  expired confirmation shall be made available for reallocation

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

11  using allocation for mortgage credit certificates, the issuer

12  will notify the division in writing within 5 business days

13  that such allocation for mortgage credit certificates,

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

15  allowing the division to reallocate such amounts.

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

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

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

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

20  and the availability of any excess unissued allocation.  On

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

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

23  no later than the following business day by overnight common

24  carrier delivery service containing the information described

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

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

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

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

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

30  and shall be made available for reallocation. Except for

31  allocations for which an election has been made to issue

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  1  mortgage credit certificates, any allocation made under this

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

  3  overnight common carrier delivery service with the division no

  4  later than the following business day.

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

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

  7         159.806  Regional allocation pools.--

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

  9  allocation pool for issuing written confirmations of

10  allocation for private activity bonds.  In issuing such

11  written confirmations, the division must first use the

12  allocation pool for the region in which the agency issuing

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

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

15  allocation pool or the Florida First Business allocation pool

16  must be used to finance priority projects unless the agency

17  requests an allocation for a priority project from the

18  regional allocation pool.  Unless otherwise agreed to by the

19  affected agencies, when such bonds are to be issued by an

20  agency whose boundaries include more than one region, the

21  division must first issue an allocation from the allocation

22  pool for the region in which the project is to be located.

23         Section 4.  Effective January 1, 2001, subsection (2)

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

25         159.807  State allocation pool.--

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

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

28  available solely to provide written confirmations for private

29  activity bonds to finance priority projects except

30  manufacturing facilities. To obtain a written allocation for

31  private activity bonds to finance a priority project from the

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

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

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

  4  notices of intent to issue for priority projects does not

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

  6  director shall issue written confirmation for each notice of

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

  8  requested in notices of intent to issue private activity bonds

  9  for priority projects exceeds the total amount of the state

10  allocation pool, the director shall forward all timely notices

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

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

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

14  confirmations.  If additional portions of the state volume

15  limitation of private activity bonds permitted to be issued in

16  the state are subsequently placed into the state allocation

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

18  for priority projects shall be provided written confirmations

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

20  notices of intent to issue filed with the division.

21         Section 5.  Effective January 1, 2001, section

22  159.8083, Florida Statutes, is amended to read:

23         159.8083  Florida First Business allocation pool.--The

24  Florida First Business allocation pool is hereby established.

25  The Florida First Business allocation pool shall be available

26  solely to provide written confirmation for private activity

27  bonds to finance Florida First Business projects certified by

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

29  eligible to receive a written confirmation. Allocations from

30  such pool shall be awarded statewide pursuant to procedures

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

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  1  159.805(2), (3), and (6) do not apply. Florida First Business

  2  projects that are eligible for a carryforward shall not lose

  3  their allocation on November 16 if they have applied and have

  4  been granted a carryforward.  In issuing written confirmations

  5  of allocations for Florida First Business projects, the

  6  division shall use the Florida First Business allocation pool.

  7  If allocation is not available from the Florida First Business

  8  allocation pool on or after June 1 of each year, the division

  9  shall issue written confirmations of allocations for Florida

10  First Business projects pursuant to s. 159.806 or s. 159.807,

11  in such order.  For the purpose of determining priority within

12  a regional allocation pool or the state allocation pool,

13  notices of intent to issue bonds for Florida First Business

14  projects to be issued from a regional allocation pool or the

15  state allocation pool shall be considered to have been

16  received by the division at the time it is determined by the

17  division that the Florida First Business allocation pool is

18  unavailable to issue confirmation for such Florida First

19  Business project.  If the total amount requested in notices of

20  intent to issue private activity bonds for Florida First

21  Business projects exceeds the total amount of the Florida

22  First Business allocation pool, the director shall forward all

23  timely notices of intent to issue, which are received by the

24  division for such projects, to the Office of Tourism, Trade,

25  and Economic Development which shall render a decision as to

26  which notices of intent to issue are to receive written

27  confirmations. The Office of Tourism, Trade, and Economic

28  Development, in consultation with the division, shall develop

29  rules to ensure that the allocation provided in such pool is

30  available solely to provide written confirmations for private

31

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  1  activity bonds to finance Florida First Business projects and

  2  that such projects are feasible and financially solvent.

  3         Section 6.  Effective January 1, 2001, section 159.809,

  4  Florida Statutes, is amended to read:

  5         159.809  Recapture of unused amounts.--

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

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

  8  written confirmation has not been issued by the director or

  9  for which an issuance report for bonds utilizing such an

10  allocation has not been received by the division prior to such

11  date shall be added to the Florida First Business allocation

12  pool.

13         (1)(2)  On and after July 1 of each year, any portion

14  of each initial allocation made pursuant to s. 159.804(2), or

15  (3), or (4) for which a written confirmation has not been

16  issued by the director or for which an issuance report for

17  bonds utilizing such an allocation has not been received by

18  the division prior to that date shall be added to the Florida

19  First Business allocation pool. On and after July 2 of each

20  year, any portion of such allocations for which a written

21  confirmation has been issued and which confirmation expires or

22  is relinquished by the agency receiving the allocation, shall

23  be added to the state allocation pool.

24         (2)(3)  On November 16 of each year, any portion of the

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

26  159.804(5), or subsection (1) or subsection (2), other than as

27  provided in s. 159.8083, for which an issuance report for

28  bonds utilizing such an allocation has not been received by

29  the division prior to that date shall be added to the state

30  allocation pool.

31

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  1         Section 7.  Effective January 1, 2001, section 159.813,

  2  Florida Statutes, is amended to read:

  3         159.813  Future federal amendments.--In the event that

  4  the Code is amended or replaced, or amendments or successor

  5  provisions to the Code are proposed which are or would be

  6  inconsistent with this part or which would have the effect of

  7  impeding the purposes of this part or the purposes for which

  8  bonds are authorized to be issued under the laws of this

  9  state, the Governor may issue an executive order that shall

10  revise the allocation system provided in this part to be

11  consistent with the Code as amended or as proposed to be

12  amended or replaced.  The authority granted to the Governor

13  under this section may be exercised for allocation of any

14  volume limitation imposed by any enacted or proposed federal

15  law or regulation upon bonds authorized to be issued in this

16  state.  If such executive order is issued, the division shall

17  notify the President of the Senate and Minority Leader of the

18  Senate and the Speaker of the House of Representatives and

19  Minority Leader of the House of Representatives in writing of

20  such an order and the reasons such order was issued, within 10

21  days of the issuance of the order. Any such order shall remain

22  effective until this part is amended to be consistent with

23  federal law or the regulations issued thereunder.  If any such

24  order is issued based upon proposed amendments or successor

25  provisions to the Code, the allocation system provided in this

26  part and the system provided under any such order shall be

27  administered concurrent with one another, to the extent

28  feasible, as long as may be required due to the pendency of

29  any proposed amendments or successor provisions to the Code.

30  It is the intent of the Legislature that the provisions of

31  this section be construed and applied so as to give effect to

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  1  the framework for the relative allocations of state volume

  2  limitation in accordance with the various formulas set forth

  3  in this part, and nothing in this section shall be construed

  4  or applied so as to have the effect of altering the

  5  percentages set forth in this part unless and until the

  6  categories of private activity bonds requiring an allocation

  7  of such volume limitation are substantially restricted,

  8  altered, or deleted under the Code.

  9         Section 8.  Effective upon this act becoming a law and

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

11  Florida Statutes, is amended to read:

12         196.1978  Affordable Low-income housing property

13  exemption.--Property used to provide affordable housing

14  serving eligible pursuant to any state housing program

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

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

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

18  property is owned entirely by a nonprofit entity corporation

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

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

21  96-32, 1996-1 C.B. 717, shall be considered property owned by

22  an exempt entity and used for a charitable purpose, and such

23  property shall be exempt from ad valorem taxation to the

24  extent authorized in s. 196.196. All property identified in

25  this section shall comply with the criteria for determination

26  of exempt status to be applied by property appraisers on an

27  annual basis as defined in s. 196.195. The Legislature intends

28  that any property owned by a limited liability company which

29  is disregarded as an entity for federal income tax purposes

30  pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) shall be

31  treated as owned by its sole member.

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  1         Section 9.  Subsections (37) and (38) are added to

  2  section 420.507, Florida Statutes, to read:

  3         420.507  Powers of the corporation.--The corporation

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

  5  and effectuate the purposes and provisions of this part,

  6  including the following powers which are in addition to all

  7  other powers granted by other provisions of this part:

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

  9  corporation competitive program, for the reservation of future

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

11  is ultimately successful in its litigation regarding a

12  competitive application, and to establish a date certain by

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

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

15  or funding.

16         (38)  To designate private activity allocation for

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

18  VI of chapter 159 between single-family and multifamily

19  projects.

20         Section 10.  Subsection (11) of section 420.5092,

21  Florida Statutes, is amended to read:

22         420.5092  Florida Affordable Housing Guarantee

23  Program.--

24         (11)  The maximum total amount of revenue bonds that

25  may be issued by the corporation pursuant to subsection (5) is

26  $300 $200 million.

27         Section 11.  Subsection (3) of section 420.5099,

28  Florida Statutes, is amended to read:

29         420.5099  Allocation of the low-income housing tax

30  credit.--

31

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  1         (3)  The corporation may request such information from

  2  applicants as will enable it to make the allocations according

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

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

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

  6         Section 12.  Section 420.518, Florida Statutes, is

  7  created to read:

  8         420.518  Florida's Front Porch Housing Initiative.--

  9         (1)  This section may be cited as the "Florida's Front

10  Porch Housing Initiative."

11         (2)  The Legislature finds that:

12         (a)  There exist within urban areas of the state

13  conditions of blight evidenced by extensive deterioration of

14  public and private facilities, abandonment of sound

15  structures, and high unemployment, and these conditions impede

16  the conservation and development of healthy, safe, and

17  economically viable communities.

18         (b)  Deterioration of housing and industrial,

19  commercial, and public facilities:

20         1.  Contributes to the decline of neighborhoods and

21  communities and leads to the loss of their historic character

22  and the sense of community which this inspires.

23         2.  Reduces the value of property comprising the tax

24  base of local communities.

25         3.  Discourages private investment.

26         4.  Requires a disproportionate expenditure of public

27  funds for the social services, unemployment benefits, and

28  police protection required to combat the social and economic

29  problems found in urban communities.

30         (c)  In order to ultimately restore social and economic

31  viability to urban areas, it is necessary to acquire urban

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  1  land and to renovate or construct new infrastructure and

  2  housing, including housing specifically targeted for the

  3  elderly, and to specifically provide mechanisms to attract and

  4  encourage private economic activity.

  5         (d)  The various local governments and other

  6  redevelopment organizations now undertaking physical

  7  revitalization projects and new housing developments in urban

  8  areas are limited by tightly constrained budgets and

  9  inadequate resources.

10         (e)  In order to significantly improve revitalization

11  efforts by local governments and community development

12  organizations and to retain as much of the historic character

13  of our communities as possible, it is necessary to provide

14  additional resources, and the participation of private

15  enterprise in revitalization efforts is an effective means for

16  accomplishing that goal.

17         (3)  It is the policy of this state to encourage the

18  participation of private corporations in revitalization

19  projects within urban areas.  The purpose of this section is

20  to provide an additional funding mechanism for the

21  acquisition, construction, and rehabilitation of qualified

22  urban housing developments, including, but not limited to,

23  housing specifically designed for the elderly, and to

24  specifically address the difficulty in acquiring urban land

25  for such developments.  The Legislature therefore declares

26  this to be a public purpose for which public money may be

27  borrowed, expended, loaned, and granted.

28         (4)  As used in this section:

29         (a)  "Front Porch community" means a community

30  designated as a Front Porch community by the Executive Office

31  of the Governor.

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  1         (b)  "Front Porch loan" means a loan by the corporation

  2  for the acquisition of land for use in a qualified urban

  3  housing development or for the acquisition, construction, or

  4  rehabilitation of a qualified urban housing development, or a

  5  combination of such purposes.

  6         (c)  "Land" means the parcel or parcels of land

  7  included in a qualified urban housing development.

  8         (d)  "Qualified urban housing development" means that

  9  portion of an urban housing development designated by the

10  corporation for funding from a Front Porch loan pursuant to

11  the provisions of this section.  Any portion of an urban

12  housing development consisting of a commercial facility shall

13  not be eligible for a Front Porch loan.

14         (e)  "Urban housing development" means a development

15  located in a Front Porch community or in an urban infill and

16  redevelopment area, as defined in s. 163.2514(2), at least 50

17  percent of which consists of:

18         1.  Multifamily rental housing units available for

19  lease to persons designated by rule of the corporation; or

20         2.  Residential single-family developments available

21  for purchase by persons designated by rule of the corporation,

22

23  and the remainder of which constitutes commercial development,

24  such multifamily rental housing, or such residential

25  single-family developments.

26         (5)  The corporation shall have the power to underwrite

27  and make loans for qualified urban housing developments.  The

28  corporation shall establish by rule the procedure and criteria

29  for receiving, evaluating, and designating for funding

30  qualified urban housing developments.  The corporation shall

31  also establish criteria for any commercial component of an

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  1  urban housing development not eligible to be financed from a

  2  Front Porch loan.  The corporation shall adopt allocation

  3  procedures which will encourage maximum production of urban

  4  housing developments in Front Porch communities, taking into

  5  account the timeliness of the application, the location of the

  6  proposed development, the relative need in the area of

  7  revitalization, the availability of affordable housing in the

  8  area, the economic feasibility of the development, and the

  9  ability of the applicant to proceed to completion of the

10  development.  Priority in allocation shall be established by

11  rule of the corporation.

12         (6)  Front Porch loans shall mature at such times as

13  established by rule of the corporation, not to exceed 40

14  years.  As provided by rule of the corporation, Front Porch

15  loans may be interest-only or interest-deferred during the

16  period prior to construction and lease-up or sale of the

17  qualified urban housing development and may be payable as

18  interest-only to the extent of available cash flow of the

19  development.

20         (7)  The corporation shall have the authority to

21  establish all terms and conditions of Front Porch loans,

22  including, but not limited to, the establishment of provisions

23  with respect to foreclosure or other reversion to the

24  corporation if the development fails to proceed after a

25  designated period of time and the establishment of provisions

26  relating to forgiveness of Front Porch loans.

27         (8)  If an applicant receives a Front Porch loan for

28  land acquisition in a Front Porch community and subsequently

29  determines to use such land for purposes other than a

30  qualified urban housing development, the corporation shall

31

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  1  have the right to demand repayment of the Front Porch loan,

  2  foreclose on the property, or consent to such use of the land.

  3         (9)  Eligible costs for use of proceeds of a Front

  4  Porch loan include land acquisition, site preparation, costs

  5  for appraisals, environmental reviews and feasibility studies,

  6  costs of acquisition and construction of infrastructure or

  7  relocation of infrastructure, costs of enhanced security

  8  features for urban developments, costs of construction and

  9  rehabilitation, and such other costs established by the

10  corporation.

11         (10)  Moneys appropriated to fund the Florida Front

12  Porch Housing Initiative shall be deposited by the corporation

13  into an account with a qualified public depository meeting the

14  requirements of chapter 280.  All amounts received by the

15  corporation as budget allocation or appropriation for the

16  Florida Front Porch Housing Initiative, including all amounts

17  allocated pursuant to chapter 99-378, Laws of Florida, shall

18  be deposited into such account.  There shall also be deposited

19  into such account moneys received from any source for the

20  purpose of such program and all proceeds derived from the use

21  of such moneys, including any repayment of Front Porch loans.

22  All unencumbered funds, proceeds from the sale of any

23  property, and any other proceeds that would otherwise accrue

24  pursuant to the activities of the program described in this

25  section shall be transferred to such account.  In addition,

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

27  and any other proceeds that would otherwise accrue pursuant to

28  the activities conducted under the provisions of Florida's

29  Front Porch Housing Initiative shall be deposited into such

30  account and shall not revert to the General Revenue Fund.

31  Expenditures for the Florida Front Porch Housing Initiative

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

  2  budget request or be subject to appropriation by the

  3  Legislature.

  4         (11)  The corporation shall have the authority to make

  5  an interfund loan from amounts deposited to the State Housing

  6  Trust Fund on behalf of the corporation pursuant to s.

  7  201.15(7)(a) to the account established under subsection (10)

  8  for purposes of advance funding of Front Porch loans.  Any

  9  such interfund loan may be repaid from moneys subsequently

10  deposited into such account.

11         (12)  If the corporation determines that amounts on

12  deposit in the account established under subsection (10) are

13  unlikely to be able to be used for making Front Porch loans,

14  the corporation may transfer amounts on deposit in such

15  account to the State Apartment Incentive Loan Fund for use for

16  the purposes of such fund.

17         Section 13.  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

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  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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  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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  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  development project, as determined by rule of the corporation;

21  or

22         (b)  Five hundred thousand dollars.

23         (8)(10)  Any real property or any portion thereof

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

25  disposed of by the eligible sponsor upon the terms and

26  conditions established by rule of the corporation and

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

28  the actual prorated land costs, development costs, accrued

29  taxes, and interest.

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

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

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  1         420.609  Affordable Housing Study Commission.--Because

  2  the Legislature firmly supports affordable housing in Florida

  3  for all economic classes:

  4         (3)  The department and the corporation agency shall

  5  supply such information, assistance, and facilities as are

  6  deemed necessary for the commission to carry out its duties

  7  under this section and shall provide such staff assistance as

  8  is necessary for the performance of required clerical and

  9  administrative functions of the commission.

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

11  recommendations regarding existing and proposed housing

12  programs and initiatives.  The commission shall provide these

13  and any other housing recommendations to the secretary of the

14  Department of Community Affairs and the executive director of

15  the corporation.

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

17  2001 1992, the commission shall prepare and submit to the

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

19  House of Representatives a report detailing its findings and

20  making specific program, legislative, and funding

21  recommendations and any other recommendations it deems

22  appropriate.

23         (8)  The commission shall recommend studies to be

24  conducted for included in the annual research agenda of the

25  Multidisciplinary Center for affordable housing. These

26  recommendations shall be submitted to the department and the

27  center in order to assist them in establishing an appropriate

28  research agenda for the center.

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

30  420.9071, Florida Statutes, are amended to read:

31

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  1         420.9071  Definitions.--As used in ss.

  2  420.907-420.9079, the term:

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

  4  defined under the Section 8 housing assistance payments

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

  6  the census long form for the recent available decennial

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

  8  reporting under Internal Revenue Service Form 1040 for

  9  individual federal annual income tax purposes. Counties and

10  eligible municipalities shall calculate income by annualizing

11  verified sources projecting the prevailing annual rate of

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

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

14  the effective date of the determination.

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

16  acquisition of an existing or newly constructed unit, the

17  amount on the executed sales contract. For eligible persons

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

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

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

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

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

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

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

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

26  rehabilitation or emergency repair of an existing unit that

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

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

29  appraisal performed by a state-certified appraiser and dated

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

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

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

  2  In the case of rehabilitation of an existing unit that

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

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

  5  an appraisal performed by a state-certified appraiser and

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

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

  8  the county property appraiser, plus the cost of the

  9  improvements in either case.

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

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

12  Statutes, are amended to read:

13         420.9075  Local housing assistance plans;

14  partnerships.--

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

16  the following criteria and administrative procedures:

17         (e)  The staff or entity that has administrative

18  authority for implementing a local housing assistance plan

19  assisting rental developments shall annually monitor and

20  determine tenant eligibility or may rely on another

21  governmental entity which is also required to monitor and

22  determine 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

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  1  sufficient statistical information is available or, as

  2  established by the United States Department of Treasury.

  3

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

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

  6  project and there is a conflict between the criteria

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

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

  9  eligible municipality may resolve the conflict by giving

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

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

12  criteria prescribed in this subsection with the exception of

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

14         Section 17.  Section 760.26, Florida Statutes, is

15  created to read:

16         760.26  Prohibited discrimination in land use decisions

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

18  discriminate in land use decisions or in the permitting of

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

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

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

22  proposed development.

23         Section 18.  State Farmworker Housing Pilot Loan

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

25  created for the purpose of demonstrating the ability to use

26  state dedicated funds to leverage Federal Government, local

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

28  and sanitary rental housing units for farmworkers.

29         (1)  Subject to the availability of funds appropriated

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

31  Florida Housing Finance Corporation shall have the authority

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

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

  3         (a)  Agrees to:

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

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

  6  Statutes;

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

  8  whose family income does not exceed:

  9         a.  Fifty percent of the adjusted local median income

10  in areas which are not metropolitan statistical areas; or

11         b.  Forty percent of adjusted local median income in

12  metropolitan statistical areas; and

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

14  maximum household income adjusted to unit size; or

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

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

17  meets maximum rental limits, tenant eligibility, and other

18  regulatory requirements established pursuant to such programs.

19         (2)  The corporation shall issue a request for

20  proposals to solicit applications for loans offered pursuant

21  to this section and shall establish a funding cycle to

22  distribute funds pursuant to this section.  The corporation

23  shall coordinate this cycle with the fiscal year 2001 federal

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

25  Federal Housing Act of 1949.  The corporation may distribute

26  through this funding cycle any additional funds set aside for

27  farmworker housing under the State Apartment Incentive Loan

28  Program authorized by s. 420.5087, Florida Statutes, the HOME

29  Investment Partnership Program authorized by s. 420.5089,

30  Florida Statutes, the low-income housing tax credit authorized

31  by s. 420.5099, Florida Statutes, or other appropriated funds.

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  1         (3)  All eligible applications shall:

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

  3  firm site control of land and evidences availability of

  4  required infrastructure.

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

  6  from other sources collectively totaling at least 25 percent

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

  8  or contributions need not be committed at the time of

  9  application. The corporation shall establish a set time for

10  receipt of such commitments.

11         (c)  Have local government contributions and private

12  agriculture producer funds and other private leveraged funds

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

14         (d)  Demonstrate accessibility to commercial businesses

15  and services needed to serve the needs of the resident

16  farmworkers or include a viable plan to provide access to

17  those commercial businesses and services.

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

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

20         (4)  The corporation shall establish a review committee

21  composed of staff of the Department of Community Affairs

22  selected by the Secretary of Community Affairs and staff of

23  the corporation and shall establish a scoring system for

24  evaluation and competitive ranking of applications submitted

25  in this program.

26         (a)  Each application shall address and be evaluated

27  and ranked based on the following criteria:

28         1.  A demonstrated need for farmworker housing:

29  Proposed developments in a county determined by the Shimberg

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

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

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

  2  shall receive maximum points. Sponsors proposing developments

  3  in other counties and demonstrating a high need for farmworker

  4  housing through other state or local governmental reports or

  5  market studies are eligible for funding under this section,

  6  but shall receive less points.

  7         2.  Developer fees: Sponsors with developer fees less

  8  than 15 percent shall be awarded additional points. There

  9  shall be no identity of interest between the sponsor,

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

11  affiliated entities shall not receive any financial or other

12  remuneration from the contractor as a condition of the

13  contractor's selection.

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

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

16  or migrant workers, including unaccompanied workers, shall

17  receive additional points.

18         4.  Innovation: Innovative planning concepts such as a

19  phased development plan for mixed-income or occupational

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

21  shall receive additional points.

22         5.  Federal Government contributions: Scoring shall

23  provide additional points based on the percentage of federal

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

25  proposed project.  The corporation shall establish a set time

26  for receipt of such commitments, taking into consideration the

27  application deadlines and projected determination periods set

28  by each of the agencies responsible for the federal funds

29  proposed as leveraged.  The corporation may give more points

30  to applications with commitments of federal contributions.

31

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  1         6.  Local government participation: Evidence of local

  2  government participation in project planning demonstrating a

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

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

  5  other activities, shall receive additional points.

  6         7.  A provision for supportive services accessible

  7  onsite or through cooperative agreements with service

  8  providers in the community: Scoring shall provide additional

  9  points to eligible applications that provide one or more

10  qualified tenant programs to enhance quality of life for

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

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

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

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

15  Second Language courses, and GED courses.

16         8.  The quality of the project's design: All

17  developments shall include two full bathrooms in all

18  four-bedroom or larger units; onsite laundromat or laundry

19  hookups and space for washer and dryer inside each unit; and

20  exterior storage rooms of a minimum 35 square feet interior

21  area for duplex or detached units and 28 square feet for

22  multifamily or townhouse units.

23         a.  The following items are not required and shall

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

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

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

27  garbage disposals, and cable television hookups.

28         b.  The following items are not required but shall

29  receive additional points in the scoring of applications:

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

31  community with carded entry or security guard, pantry in or

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  1  adjacent to kitchen area, car care area, covered picnic area,

  2  playground, outdoor recreation area for older children, two or

  3  more parking spaces per unit, large multipurpose room or

  4  clubhouse, air conditioning or whole-house fan as determined

  5  by geographic region, hurricane shutters or resistant glass,

  6  and energy conservation features.

  7         9.  The feasibility and economic viability of the

  8  project.

  9         10.  The sponsor's development experience: Scoring

10  shall provide the most points to eligible applicants with

11  successful experience in the development of farmworker housing

12  commensurate to the size and scope of the proposed

13  development.  Applicants with less development experience or

14  experience in projects substantially smaller than that

15  proposed shall receive less points.  The experience may be

16  that of an affiliated or controlling corporation where the

17  eligible applicant is established to limit liability of the

18  affiliated group.

19         11.  The sponsor's management experience: Scoring shall

20  provide the most points to eligible applicants with successful

21  experience in the management of farmworker housing

22  commensurate to the size and scope of the proposed

23  development.  Applicants with less management experience or

24  experience in projects substantially smaller than the proposed

25  development shall receive less points. The experience may be

26  that of an affiliated or controlling nonprofit corporation

27  where the eligible applicant is established to limit liability

28  of the affiliated group.

29         12.  The ability to proceed with construction: Scoring

30  shall provide the most points to those applicants able to

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

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

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

  3  safety, infrastructure availability, schematic site plans and

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

  5  approval.

  6         13.  A management plan to attract, serve, and keep

  7  eligible farmworker tenants.

  8         (b)  The corporation may reject any application.

  9         (c)  The review committee established by the

10  corporation shall make recommendations to the board of

11  directors of the corporation regarding program participation

12  under the State Farmworker Housing Pilot Loan Program.  The

13  corporation board shall make the final ranking and the

14  decisions regarding which applicants shall become program

15  participants based on the scores received in the competitive

16  ranking, further review of applications, and the

17  recommendations of the review committee.  The corporation

18  board shall approve or reject applications for loans and shall

19  determine the tentative loan amount available to each

20  applicant selected for participation in the program.

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

22  nonamortizing.  The corporation shall establish interest rates

23  for loans made pursuant to this section.  Loans to

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

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

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

27  allocated to the development, the interest rate may be

28  adjusted upward to meet appropriate federal requirements.

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

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

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

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  1  allocated to the development, the interest rate may be

  2  adjusted upward to meet appropriate federal requirements.

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

  4  shall apply to all loans provided under this section:

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

  6  superior position shall exceed the development cost or the

  7  value of security, whichever is less.

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

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

10  loan in order to extend the availability of housing for

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

12  period for which the sponsor agrees to provide housing for

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

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

15  principal and interest may be deferred without constituting a

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

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

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

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

20  occurs first.

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

22  Florida Statutes, shall apply to all loans.

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

24  construction or substantial rehabilitation which creates

25  affordable, safe, and sanitary housing units.

26         (e)  Sponsors shall annually certify the eligibility

27  status and adjusted gross income of all persons or families

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

29  funded by this program.  For monitoring purposes, the

30  corporation may rely on a federal governmental entity which is

31  also required to monitor and determine tenant eligibility.

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  1         (f)  If agricultural and market conditions change

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

  3  the sponsor may request approval from the corporation for

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

  5  The sponsor shall submit evidence of such market changes,

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

  7  from agricultural producers and agricultural labor

  8  representatives.  The board of directors of the corporation

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

10  preserve the maximum percentage of units for eligible

11  farmworkers as market conditions permit.

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

13  foreclose on any mortgage or security interest or commence any

14  legal action to protect the interest of the corporation and

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

16  and fees.  The corporation may acquire real or personal

17  property or any interest in such property when that

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

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

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

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

22  cannot be effected within a reasonable time, lease such

23  property for occupancy by eligible persons. All sums recovered

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

25  shall be deposited into an account established by the

26  corporation in a qualified public depository meeting the

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

28  expending moneys appropriated to fund the State Farmworker

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

30         (7)  Subject to the availability of funds appropriated

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

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  1  Florida Housing Finance Corporation shall contract with the

  2  Florida Farmworker Housing Coalition, Inc., a nonprofit

  3  corporation established under chapter 617, Florida Statutes,

  4  and qualified under s. 501(c)(3) of the Internal Revenue Code,

  5  to assist the corporation in establishing and implementing the

  6  State Farmworker Housing Pilot Loan Program, and to prepare a

  7  research report that includes a needs assessment and strategic

  8  plan for agricultural labor housing in this state.  The

  9  research report shall be submitted to the Governor, the

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

11  Representatives.  The report shall:

12         (a)  Identify localities throughout this state having

13  the greatest need for newly-constructed or rehabilitated

14  agricultural labor housing.

15         (b)  Identify successful project prototypes to provide

16  safe, decent, and affordable agricultural housing.

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

18  the development of agricultural housing.

19         (d)  Profile successful state and local government

20  programs within and without this state that address

21  agricultural housing needs.

22         Section 19.  Subsection (10) of section 220.02, Florida

23  Statutes, is amended to read:

24         220.02  Legislative intent.--

25         (10)  It is the intent of the Legislature that credits

26  against either the corporate income tax or the franchise tax

27  be applied in the following order: those enumerated in s.

28  220.18, those enumerated in s. 631.828, those enumerated in s.

29  220.191, those enumerated in s. 220.181, those enumerated in

30  s. 220.183, those enumerated in s. 220.182, those enumerated

31  in s. 220.1895, those enumerated in s. 221.02, those

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  1  enumerated in s. 220.184, those enumerated in s. 220.186,

  2  those enumerated in s. 220.188, those enumerated in s.

  3  220.1845, and those enumerated in s. 220.19, and those

  4  enumerated in s. 220.185.

  5         Section 20.  Paragraph (a) of subsection (1) of section

  6  220.13, Florida Statutes, is amended to read:

  7         220.13  "Adjusted federal income" defined.--

  8         (1)  The term "adjusted federal income" means an amount

  9  equal to the taxpayer's taxable income as defined in

10  subsection (2), or such taxable income of more than one

11  taxpayer as provided in s. 220.131, for the taxable year,

12  adjusted as follows:

13         (a)  Additions.--There shall be added to such taxable

14  income:

15         1.  The amount of any tax upon or measured by income,

16  excluding taxes based on gross receipts or revenues, paid or

17  accrued as a liability to the District of Columbia or any

18  state of the United States which is deductible from gross

19  income in the computation of taxable income for the taxable

20  year.

21         2.  The amount of interest which is excluded from

22  taxable income under s. 103(a) of the Internal Revenue Code or

23  any other federal law, less the associated expenses disallowed

24  in the computation of taxable income under s. 265 of the

25  Internal Revenue Code or any other law, excluding 60 percent

26  of any amounts included in alternative minimum taxable income,

27  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

28  taxpayer pays tax under s. 220.11(3).

29         3.  In the case of a regulated investment company or

30  real estate investment trust, an amount equal to the excess of

31  the net long-term capital gain for the taxable year over the

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  1  amount of the capital gain dividends attributable to the

  2  taxable year.

  3         4.  That portion of the wages or salaries paid or

  4  incurred for the taxable year which is equal to the amount of

  5  the credit allowable for the taxable year under s. 220.181.

  6  The provisions of this subparagraph shall expire and be void

  7  on June 30, 2005.

  8         5.  That portion of the ad valorem school taxes paid or

  9  incurred for the taxable year which is equal to the amount of

10  the credit allowable for the taxable year under s. 220.182.

11  The provisions of this subparagraph shall expire and be void

12  on June 30, 2005.

13         6.  The amount of emergency excise tax paid or accrued

14  as a liability to this state under chapter 221 which tax is

15  deductible from gross income in the computation of taxable

16  income for the taxable year.

17         7.  That portion of assessments to fund a guaranty

18  association incurred for the taxable year which is equal to

19  the amount of the credit allowable for the taxable year.

20         8.  In the case of a nonprofit corporation which holds

21  a pari-mutuel permit and which is exempt from federal income

22  tax as a farmers' cooperative, an amount equal to the excess

23  of the gross income attributable to the pari-mutuel operations

24  over the attributable expenses for the taxable year.

25         9.  The amount taken as a credit for the taxable year

26  under s. 220.1895.

27         10.  Up to nine percent of the eligible basis of any

28  designated project which is equal to the credit allowable for

29  the taxable year under s. 220.185.

30         Section 21.  Sections 220.185 and 420.5093, Florida

31  Statutes, are repealed.

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  1         Section 22.  Except as otherwise provided herein, this

  2  act shall take effect July 1, 2000.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Revises provisions relating to allocations of private
  7    activity bonds for Florida First Business projects.
      Revises provisions relating to the Florida Housing
  8    Finance Corporation with respect to private activity bond
      allocations. Creates the Florida's Front Porch Housing
  9    Initiative and provides powers of the Florida Housing
      Finance Corporation to make loans under the initiative.
10    Provides for sources of moneys and uses of such moneys in
      the Florida Front Porch Housing Loan Fund, for interfund
11    loans from the State Housing Trust Fund to the Florida
      Front Porch Housing Loan Fund, and for transfers of
12    moneys in the Florida Front Porch Housing Loan Fund to
      the State Apartment Incentive Loan Fund. Revises
13    provisions relating to the Affordable Housing Study
      Commission. Repeals the state housing tax credit and the
14    State Housing Tax Credit Program. Prohibits
      discrimination in land use decisions and in permitting of
15    development. Creates the State Farmworker Housing Pilot
      Loan Program to demonstrate the ability to use state
16    dedicated funds to leverage Federal Government, local
      government, and private resources to provide affordable,
17    safe, and sanitary rental housing units for farmworkers.
      Provides for administration of the program by the Florida
18    Housing Finance Corporation. See bill for details.

19

20

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